Authority of in the United the right of assisting in behalf of the absent legal representatives of the deceased.1 613. Such, and such only, except where special foreign consuls stipulations of treaty intervene to change the rule, States as to is the admitted authority of foreign consuls as to questions of questions of succession in the several States of the Union.2 succession. 1 Santos, Traité du Consulat, tome i. p. 21; tome ii. note 52. 2 De Clercq et de Vallat, Guide des Consulats, p. 686; Opinions of the Attorneys General. CHAPTER XXIX. DUTIES OF CONSULAR OFFICERS IN RESPECT TO THE PASSENGER ACT. 614. It is made the duty of the Secretary of State, Act of March 3, by the second paragraph of the eighteenth section of the act approved March 3, 1855, to give notice, in the ports of Europe and elsewhere, of the provisions of that act to regulate the carriage of passengers in steamships and other vessels.1 passenger. 615. The special attention of United States consular officers is called to this act, and also to the instructions which have been issued by the Treasury Department in reference to it. It will be observed Space to be althat, whilst the law prescribes certain spaces of clear lowed to each superficial feet of deck to each passenger, (other than cabin passengers,) it moreover fixes a maximum, ir- Number of pasrespective of such spaces, by restricting the number sengers reof passengers allowed to be carried in any such vessel to the proportion of one to every two tons of the vessel's tonnage measurement, excluding children under the age of one year in the computation, and Computation in computing two children over one and under eight regard to chilyears of age as one passenger. It follows, that though a vessel might afford clear spaces of the dimensions indicated for a greater number of passen 1 Statutes at Large, vol. x. p. 715; Johnson and Reddall's Manual, Passengers and Passenger Ships. 2 General Regulations of the Treasury Department. stricted. dren. incurred. gers than one to every two tons of her tonnage measurement, yet if the number shall exceed that Penalty; when allowed by her tonnage measurement the penalties imposed by the law would attach; or if her tonnage measurement should allow a greater number of passengers than according to the clear spaces prescribed by law she could carry, yet if the number shall exceed that allowed by the clear spaces prescribed by law the penalties imposed by the law would equally attach. In other words, the one rule, as to the number of passengers a vessel is entitled to carry, is a limitation upon the other. The tonnage of each vessel, according to custom-house measurement, must, therefore, be ascertained, as well as the measurement of the spaces allotted to passengers, in order to determine the number of passengers she is entitled to Mode of determining the number of pas lowed. carry. 616. In order to determine the number of passengers a vessel is entitled to carry in accordance sengers al with the spaces prescribed by this act, the height between decks must be measured, not from the bottom edge of the carlings or deck beams, but from the under surface of the upper deck, to the upper surface of the floor below; and no space shall be considered available for passengers that has not, when measured in this manner, the height called for by the law, as the case may be; nor shall any space in the vessel of a less width than four feet be measured; provided, however, if the vessel shall, in accordance with the provisions of the first section of this act, carry any portion of her cargo, or any other article or articles, on any of the decks, cabins, or other places appropriated for the use of passengers, in lockers or enclosures prepared for the purpose, the height be tween decks shall be measured from the under surface of the upper deck to the upper surface of said lockers or enclosed spaces, which shall be deemed and taken to be the deck or platform from which measurement shall be made for all the purposes of this act, and the spaces occupied by said lockers or enclosed spaces shall be deducted from the spaces allowable for the use of passengers. For example: the spaces on the main and poop Example. decks or platforms, and in the deck houses, if any there be, will be 16 by 6=96 cubic feet; lower deck, 18 by 6=108 cubic feet; two-deck vessels, 14 by 7-105 cubic feet. merchandise, etc. 617. The encumbering by merchandise or stores, Encumbering not the personal baggage of the passengers, except of space by in lockers or enclosures prepared for the purpose, of any part of the space occupied by the passengers, will vitiate the whole space, unless the part so encumbered be separated from that so occupied by a substantial bulkhead. 618. The deck or platform must be of a permanent Deck. nature, and impervious to the water. tain sections of 619. It is deemed sufficient only further to call Attention particular attention to the first, second, sixth, tenth, called to cereleventh, fourteenth, fifteenth, sixteenth and seven- the act. teenth sections of this act, in which certain provisions, differing from the provisions of existing laws, have been enacted, and to state that all the requirements of said sections must be strictly enforced. olation of the ported. 620. Consular officers will not omit to report assmediately to the Department of State any viols who to be reof the provisions of this act by the masters of vessels bound to any port in the United States or any Territory thereof. Shipment of 621. Consular officers are likewise required, in paupers and cases of the intended shipment of paupers, or parcriminals to be doned criminals, to the United States, to give timely reported. notice of the fact, both to the Department of State and to the collector of customs of the port to which the vessel having them on board may be bound, furnishing the names of the parties, a description of their persons, the name of the vessel, and the date of sailing, in order that proper steps may be taken for the enforcement of such police regulations as may have been adopted by the several States upon the subject. pro app |