716 THIRTY-THIRD CONGRESS. Sess. II. Ch. 213. 1855. the same, or any number thereof, within the jurisdiction of the United States; or if any such master of any vessel shall take on board his vessel, at any port or place within the jurisdiction of the United States, any greater number of passengers than in the proportion aforesaid, to the pmmmes, space aforesaid, or to the tonnage aforesaid, with intent to carry the same to any foreign port or place other than foreign contiguous territory as aforesaid, every such master shall be deemed guilty of a misdemeanor, and, upon conviction thereoh before any circuit or district court of the United Statesyshall, for each passenger taken on board beyond the limit aforesaid, or the space aforesaid, be lined in the sum of fifty dollars, and may also be imprisoned, at the discretion of the judge before whom the penalty shall be recovered, not exceeding six months; but should it be necessary, for the safety or convenience of the vessel, that any portion of her cargo, or any other articles or article, should be placed on, or stored iu, any of the decks, cabins, or other places appropriated to the use of Lockers oi- in- passengers, the same may be placed in lockers or enclosures prepared for °1°’“"°’ ’·u°“’°d· the purpose, on an exterior surface impervious to the wave, capable of being cleansed in like manner as the decks or platforms of the vessel. In no case, however, shall the places thus provided be deemed to be 2. part of the space allowable for the use of passengers, but the same shall be deducted therefrom, and in all cases where prepared or used, the upper surface of said lockers on enclosed spaces, shall be deemed and taken to be the deck or platform from which measurement shall be made nospam, for all the purposes of this act. It is also provided, that one hospital, in the spaces appropriated to passengers, and separate therefrom by an appropriate partition, and furnished as its purposes require, may be propared, and, when used, may be included in the space allowable for passengers, but: the same shall not occupy more than one hundred superiieial Spsweiu certain feet of deck or platform: Provided, That on board two-deck ships, where
- "'°‘d°°k"°“°l’· the height between the decks is seven and one half feet or more, fourteen
clear superficial feet of deck shall be the proportion required for each passenger. SEO. 2. And be it further enacted, That no such vessel shall have BMT1S- more than two tiers of berths, and the interval, between the lowest part thereof and the deck or platform beneath, shall not be less than nine inches, and the berths shall be well constructed, parallel with the sides of the vessel, and separated from each other by partitions, as berths ordinarily are separated, and shall be at least six feet in length, and at least two feet in width, and each berth shall be occupied by no more than one passenger; but double berths of twice the above width may be con- ‘ structed, each berth to be occupied by no more, and by no other, than two women, or by one woman and two children under the age of eight years, or by husband and wife, or by a man and two of his own children under the age of eight years, or by two men, members of the same ihmilyg and if there shall be any violation of this section in any of its provisions, then the master of the vessel, and the owners thereof shall severally forfeit and pay the sum of five dollars for each passenger on board of said vessel on such voyage, to be recovered by the United States in any port where such vessel may arrive or depart. House over Sec. 3. And be it f·}4rthe·r enacted, That all vessels, whether of the P““““K°"'“Y• United States or any foreign country, having sufficient capacity or space, according 150 law, for fifty 01* more passengers, (other than cabin passengers,) shall, when employed in transporting such passengers between the United States and Europe, have, on the upper deck, for the use of such passengers, a house over the passageway leading to the apartments allotted to such passengers below deck, firmly secured to the deck or combings of the hutch, with two doors, the sills of which shall be at least one foot above the deck, so constructed, that one door or window in such house may at all times be left open for ventilation; and all vessels so employed, and
