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boilers to make a certificate as to

the

1838. Sec. 5. And be it further enacted, That the person or perInspectors of the sons who shall be called upon to inspect the boilers and ma

chinery of any steamboat or vessel, under the provisions of this os maid wort

: act, shall, after a thorough examination of the same, make a certificate, in which he or they shall state his or their opinion

ers.

&c.

Owners or mas.

at least once in six months.

whether said boilers are sound and fit for use, together with the Duplicates of age of the boilers; and duplicates thereof shall be delivered to Paide liverificatene the owner or master of such vessel, one of which it shall be the master or owner, duty of the said master and owner to deliver to the collector or

surveyor of the port whenever he shall apply for a license, or for a renewal of a license; the other he shall cause to be posted up,

and kept in some conspicuous part of said boat, for the informaFor which the tion of the public; and for each and every inspection so made, each receive $6, each of the said inspectors shall be paid by the said master or

owner applying, the sum of five dollars.

Sec. 6. And be it further enacted, That it shall be the duty hours to have cibe of the owners and masters of steamboats to cause the inspection realeast once a provided under the fourth section of this act to be made at least

once in every twelve months; and the examination required by And the boilers the fifth section, at least once in every six months; and deliver

to the collector or surveyor of the port where his boat or vessel

has been enrolled or licensed, the certificate of such inspection; Penalty for fail- and, on a failure thereof, he or they shall forfeit the license ing to do so.

granted to such boat or vessel, and be subject to the same pe

nalty as though he had run said boat or vessel without having Competent obtained such license, to be recovered in like manner. And it riumber one on shall be the duty of the owners and masters of the steamboats liful engineers to censed in pursuance of the provisions of this act to employ on

board of their respective boats a competent number of expePenalty for fail- rienced and skilful engineers, and, in case of neglect to do so, the ing to do so.

said owners and masters shall be held responsible for all damages to the property or any passenger on board of any boat occasion.. ed by an explosion of the boiler or any derangement of the en

gine or machinery of any boat. Safety-valve to Sec. 7. And be it further enacted, That whenever the masbe opened when

ter of any boat or vessel, or the person or persons charged with tohaany purpose navigating said boat or vessel, which is propelled in whole or in

part by steam, shall stop the motion or headway of said boat or vessel, or when the said boat or vessel shall be stopped for the purpose of discharging or taking in cargo, fuel or passengers, he or they shall open the safety-valve, so as to keep the steam down

in said boiler as near as practicable to what it is when the said Penalty $200. boat or vessel is under headway, under the penalty of two hun

dred dollars for each and every offence. Long-boats or Sec. 8. And be it further enacted, That it shall be the duty

of the owner and master of every steam vessel engaged in the on Takest enam transportation of freight or passengers, at sea or on the Lakes, Plain, Ontario, Champlain, Ontario, Erie, Huron, Superior, and Michigan, the perior, and Mi-tonnage of which vessel shall not exceed two hundred tons, to chigan.

provide and to carry with the said boat or vessel, upon each and every voyage, two long-boats or yawls, each of which shall be competent to carry at least twenty persons; and where the ton

the vessel stops

whatever.

yawls to be car. ried by steam

fire engine, &c.

nalties shall be recovered.

nage of said vessel shall exceed two hundred tons, it shall be the 1838. duty of the owner and master to provide and carry, as aforesaid, not less than three long-boats or yawls, of the same or larger dimensions; and for every failure in these particulars, the said master and owner shall forfeit and pay three hundred dollars. Penalty 8300.

Sec. 9. And be it further enacted, That it shall be the duty Vessels at sea of the master and owner of every steam vessel employed on aforesaid, to careither of the lakes mentioned in the last section, or on the sea to ye suction-boge: provide, as a part of the necessary furniture, a suction-hose and fire engine and hose suitable to be worked on said boat in case of fire, and carry the same upon each and every voyage, in good order; and that iron rods or chains shall be employed and Iron rods or used in the navigation of all steamboats, instead of wheel or instead of wheel tiller ropes; and for a failure to do which, they, and each of or liller ropes. them, shall forfeit and pay the sum of three hundred dollars. Penalty 3300

Sec. 10. And be it further enacted, That it shall be the duty of the master and owner of every steamboat, running between sunset and sunrise, to carry one or more signal lights, that may be carried by yes. be seen by other boats navigating the same waters, under the weigherunning at penalty of two hundred dollars.

Penalty $200 Sec. 11. And be it further enacted, That the penalties im- How all pe posed by this act may be sued for and recovered in the name of the United States, in the district or circuit court of such district or circuit where the offence shall have been committed, or forfeiture incurred, or in which the owner or master of said vessel may reside, one-half to the use of the informer, and the other to the use of the United States; or the said penalty may be prosecuted for by indictment in either of the said courts.

Sec. 12. And be it further enacted, That every captain, en- Captain, engl. gineer, pilot, or other person employed on board of any steam- other person' em. boat or vessel propelled in whole or in part by steam, by whose played in board misconduct, negligence, or inattention to his or their respective life of lives are duties, the life or lives of any person or persons on board said tion vessel may be destroyed, shall be deemed guilty of manslaughter, respective duties

, and, upon conviction thereof before any circuit court in the shall be guilty of United States, shall be sentenced to confinement at hard labor Punishment for a period not more than ten years ;

Sec. 13. And be it further enacted, That in all suits and What shall be actions against proprietors of steamboats, for injuries arising to dence to charge person or property from the bursting of the boiler of any steamboat, or the collapse of a flue, or other injurious escape of steam, ing of a boiler, the fact of such bursting, collapse, or injurious escape of steam, shall be taken as full prima facie evidence, sufficient to charge the defendant or those in his employment, with negligence, until he shall show that no negligence has been committed by him or those in his employment.

Approved, July 7th, 1838.

or negli.

to their

the defendant, in case of the burst

CHAP. 192. An ACT to establish a criminal court in the District of Columbia.

[Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this law, a court

annum, the

the
county of Wash-
ington.

special terms.

District attor. ney,

to

1838. shall be established in the District of Columbia, for the trial of Court to be es-all crimes and offences against the laws now in force in the said District of Co. District, and such as may be hereafter enacted to be composed limb of crimeste of one judge, to be appointed by the President of the United

To be composed States, by and with the consent of the Senate, and to receive, as salary $2,000 per compensation for his services, an annual salary of two thou

criminal sand dollars, which court shall be styled the criminal court of court of the D. C. the District of Columbia.

SEC. 2. And be it further enacted, that the said court shall Foir termasin hold four terms in each year, on the first Mondays of December, ington for the March, June, and September, in the city of Washington, for the

county of Washington, and two terms in each year, on the first cha wo terrein

. Mondays of April and November, in the town of Alexandria, andria com alex- for Alexandria county; and that the judge of said court shall Power to hold have power to hold special terms of said court in each county

whenever it shall seem to him necessary to order the same, of which order ten days' previous public notice shall be given.

Sec. 3. And be it further enacted, That the district attorney, and clerks, of and marshal of the said District, and the clerks of the circuit

attend and court in the said District, for the counties of Washington and perform their Alexandria, respectively, shall attend the said criminal court in

duties.

of the jurors and witnesses.

said counties, and perform all the duties now by law required of them, respectively, in relation to the criminal business of the

circuit court in the said counties, and shall, respectively, receive Compensation the same fees and compensation therefor. And the jurors and

witnesses attending said court in the said counties shall be entitled to the same compensation they now receive for their attendance in the said circuit court in the said counties re. spectively.

Sec. 4. And be it further enacted, That all recognizances, presentments, indictments, pleas, and criminal prosecutions and proceedings whatsoever, and all suits and proceedings for fines and forfeitures and on forfeited recognizances, now pending in the said circuit court for the said counties of Washington and Alexandria, respectively shall be transferred to the said criminal court in the said counties, respectively, and be there proceeded on as they would have been in the said circuit court for said counties, respectively, if this act had not been passed ; and all process hereafter issued, or now issued from the said circuit court, for the said counties, respectively, shall be returnable and returned to the said criminal court at the next succeeding term

and terms thereof, in the said counties, respectively, and the Jurisdiction. said criminal court shall have all the jurisdiction in the said

counties, respectively now held by the said circuit court in the said counties, respectively, for the trial and punishment of all crimes and offences, and the recovery of all fines, forfeitures and recognizances.

Sec. 5. And be it further enacted, That the circuit court of

the District of Columbia, or any judge thereof, during the vacaWrit of errortion of the court, shall have power to award a writ of error, in returnable to the any criminal case whatever, wherein final judgment shall have

been pronounced by the criminal court for either county in the

All cases now pending to be transferred.

said District, returnable to the circuit court of that county in 1838 which said judgment may be rendered, convicting any person of any crime or misdemeanor, and to reverse said judgment, or remand the case, and order a new trial, or such other proceeding therein, as the nature of the case may require.

Sec. 6. And be it further enacted, That to enable the person Execution may so convicted by the judgment of the said criminal court, to ap- application to en ply for a writ of error, in all cases when the judgment shall be able a cor vick in death, or confinement in the penitentiary, the said criminal court or error. shall, on application of the party accused, postpone the final execution thereof, to a reasonable time beyond the next term of said circuit court, not exceeding in any case thirty days after the end of such term of the circuit court.

Sec. 7. And be it further enacted, That the said criminal Question of law, court, in any case, may with the consent of the person accused, consent of the adjourn any question of law to the circuit court of that county,

adjourned in in the District aforesaid, in which the case is depending, which the circuit count, may be there argued and decided, though such accused person be not present. Sec. 8. And be it further enacted, That there shall be here- Fees to the co

person accused,

and

jurors, after paid to the coroners of the counties of Washington and and Alexandria in the said District, and to the jurors and witnesses, tend thereon. who may be lawfully summoned by them in any inquest, the same fees and compensation as are now paid to the marshal of the said District, and the jurors attending the circuit court in the said county for similar services.

Approved, July 7th, 1838.

decided.

witnesses, summoned to at.

e

CHAP. 193. An ACT to change the time of holding the United States Circuit

Court in the District of East Tennessee and the District of Maryland. [Sec. 1.) Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Circuit Court of the United States for the Circuit Court District of East Tennessee, shall be held at Knoxville, on the East Tennessee third Monday in October, in each and every year, and the Cir- Knoxvillo every cuit Courts of the United States for the District of Maryland Monday the local shall be held at Baltimore on the first Monday of November ber: annually.

SEC. 2. And be it further enacted, That all recognizances held at Balu. entered into, and all mesne and final process which have been mondan tbe first issued, or which shall hereafter be issued, returnable to the first vember annualterm of said Court, shall be returnable to the term hereby esta

Recognizances blished, and shall have the same effect as though the said pro- process issued, cess had originally been made returnable to the term hereby returnable. established.

Approved, July 7th, 1838.

Circuit Court of the U. S. for

ly.

entered into, and

No back ra

lowed

Twelve

lieu

1838. CHAP. 194. An ACT supplementary to an act entitled “ An act to increase the

present military establishment of the United States, and for other purposes," approved July fifth, eighteen hundred and thirty-eight.

[Sec. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the act to which this is a supplement shall be, and the same hereby is explained, limited, and modified as follows:

First. Nothing contained in said act shall be so construed as Lions shall be al- to allow to any officer additional rations for time past, commonly

called back rations. Chaplains al Second. The posts at which chaplains shall be allowed shall

do'sts only be limited to the number of twenty, and shall be first approved twenty posts.

by the Secretary at War, and shall be confined to places most

destitute of instruction. Arsistant quar

Third. That so much of said act as requires assistant quarterimasteos het se: termasters to be separated from the line, shall be, and the same parated from the is hereby, repealed. line.

Fourth. That the number of lieutenants authorized by said tenants only to

and act to be added and transferred to the Ordnance Department, transferred to shall be limited to twelve.

Fifth. That the monthly pay of a private soldier, raised by Pay of a private soldier. said act to eight dollars, shall be limited and fixed at seven dol

lars a month; one dollar thereof shall be retained, as prorided

for in said act. Compensation Sixth. That no compensation shall be allowed to officers of the officers Derahe the Engineer Department for disbursement of public money, Engineer Depart.

while superintending public works. Commissaries Seventh. That the three commissaries of subsistence authoparte do com seu rized by said act, shall not be separated from the line of the

army.

Eighth. That so much of said act as allows one hundred Bounty of 160 Soldiero repeal and sixty acres of land to soldiers who shall have served ten

consecutive years be, and the same is hereby, repealed. Paymaster Ge. Ninth. That the said act shall be so construed as to allow geral and Sor the Paymaster General and Surgeon General of the army, the Hitled to addition-additional rations therein granted to officers of the line and staff for every five years service.

Approved, July 7th, 1838.

be added

De

Ordnance partment.

ment.

line.

ed.

al rations,

CHAP 195. An ACT for the relief of Isaac Gale. [Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem; bled, That the Secretary of War be, and he is hereby, directed

to place the name of Isaac Gale on the pension-list of invalid 1. Galo to be mai pensioners of the United States; and that the said Isaac Gale be pension list at entitled to receive a pension, at the rate of six dollars a month from the first of January, eighteen hundred and thirty-eight.

Approved, July 7ih, 1838.

The name of

.

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