ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 of this title. $146. Discriminating duty on merchandise imported in foreign vessels A discriminating duty of 10 per centum ad valorem, in addition to the duties imposed by law, shall be levied, collected, and paid on all goods, wares, and merchandise which shall be imported on vessels not of the United States; but this discriminating duty shall not apply to goods, wares, and merchandise which shall be imported in vessels not of the United States, entitled by treaty or any act of Congress, to be entered in the ports of the United States on payment of the same duties as shall then be paid on goods, wares, and merchandise imported in vessels of the United States, nor to goods, wares, and merchandise imported in a vessel owned by citizens of the United States, but not a vessel of the United States, if such vessel, after entering an American port, shall before leaving the same be registered as a vessel of the United States. (Oct. 3, 1913, ch. 16, § IV, J, subsec. 1, 38 Stat. 195; Mar. 4, 1915, ch. 171, § 1, 38 Stat. 1193; June 17, 1930, ch. 497, title IV, § 651(d)(1), 46 Stat. 763.) CODIFICATION The provisions incorporated in this section, with portions of the original text omitted here, are classified to section 128 of Title 19, Customs Duties. Section is from subsec. 1 of the Underwood Tariff Act of Oct. 3, 1913, § IV, par. J. It was expressly saved from repeal by section 321 of the Tariff Act of 1922 (section 573 of Title 19, Customs Duties), but was repealed in part by act Mar. 4, 1915. Subsec. 1 of act Oct. 3, 1913, § IV, par. J, provided also for a discriminating duty on goods, wares and merchandise produced or manufactured in a foreign country not contiguous to the United States but coming into the United States from such contiguous country. That provision is classified to section 128 of Title 19. R.S. § 2502 imposed a discriminating duty upon merchandise imported in foreign vessels. It was supersedby subsequent similar provisions in successive tariff acts, the latest of which is classified to this section. Act June 5, 1920, ch. 250, § 34, 41 Stat. 1007, declaring it to be the judgment of Congress that provisions of treaties restricting the right of the United States to impose discriminating customs duties on imports entering the United States in foreign vessels and vessels of the United States, and discriminatory tonnage dues on foreign vessels, and on vessels of the United States, should be terminated, and directing the President to give notice to terminate them, was omitted. REPEAL OR AMENDMENT; EXCEPTION Section is expressly excepted from repeal or amendment by the Tariff Act of 1930 (act June 17, 1930, ch. 497, title IV, 46 Stat. 763) which provides in section 651(d) as follows: "Nothing in this Act shall be construed to amend or repeal any of the following provisions of law: (1) Subsections 1, 2, and 3 of paragraph J of Section IV of the Act entitled 'An Act to reduce tariff duties and to provide revenue for the Government, and for other purposes,' approved October 3, 1913 (relating to restrictions on importations in foreign vessels or through contiguous countries), as modified by the Act of March 4, 1915, chapter 171". § 151. Accommodations for steerage passengers in vessels from foreign ports It shall not be lawful for the master of any vessel whereon steerage passengers have been taken at any port or place in the foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to or take from any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage, unobstructed by cargo, stores, or goods. The master of a vessel coming to a port or place in the United States in violation of any of the provisions of this section shall be deemed guilty of a misdemeanor; and if the number of steerage passengers carried or brought in the vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectively, as hereinafter prescribed, the said master shall be fined $50 for each and every such passenger in excess of the proper number, and may also be imprisoned not exceeding six months. In computing the number of passengers carried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or otherwise, shall not be included in such computation. Second. The expression "steerage passenger" means all passengers except cabin passengers, and persons shall not be deemed cabin passengers unless the space allotted to their exclusive use is in the proportion of at least thirty-six clear superficial feet to each passenger. Third. The expression "lowest passenger deck" means the deck next below the water line; and the expression "passenger deck” includes every deck or portion of a deck which is above the lowest passenger deck, and is appropriated for passengers. Fourth. A vessel shall not carry passengers, whether cabin or steerage passengers, on more than one deck below the water line. Fifth. The height between that part of any deck on which steerage passengers are carried and the deck immediately above it shall not be less than six feet. Sixth. No steerage passengers shall be carried on the lowest passenger deck unless it is efficiently lighted by side scuttles and otherwise to the satisfaction of the inspector. Seventh. No greater number of steerage passengers shall be carried on the lowest passenger deck than in the proportion of one steerage passenger to every twenty-one clear superficial feet allotted to their use. If, however, the height between the lowest passenger deck and the deck immediately above it is less than seven feet, and the apertures, exclusive of side scuttles, through which light and air are admitted are less in size than in the proportion of three square feet to every one hundred superficial feet of that deck, no greater number of steerage passengers shall be carried on that deck than in the proportion of one steerage passenger to every thirty clear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bathrooms, if any, provided for by paragraph 10 of this section. Eighth. No greater number of steerage passengers may be carried on a passenger deck than in the proportion of one steerage passenger to every eighteen clear superficial feet of deck allotted to their use, subject to the allowance for measurement of public rooms, lavatories, and bathrooms, if any, provided for by paragraph 10 of this section. If, however, the height between any passenger deck and the deck immediately above it be less than seven feet, no greater number of steerage passengers may be carried on that deck than in the proportion of one steerage passenger to every twentyone clear superficial feet thereof, subject to the allowance for measurement of public rooms, lavatories, and bathrooms, if any, provided for by paragraph 10 of this section. Ninth. A vessel, whatever be the superficial space of the passenger decks and of the lowest passenger deck, shall not carry a greater number of steerage passengers on the whole than in the proportion of one steerage passenger to every five superficial feet of air or promenade space provided on a deck so open as not to be included in the tonnage and approved by the inspector, and this space shall not be counted or included in the area available for any other passengers, or in other areas for steerage passengers prescribed by this section. Tenth. In the measurement of the passenger decks and of the lowest passenger deck, the space occupied by that part of the personal baggage of the steerage passengers which the inspector permits to be carried there shall be included, and also, on whatever deck located, commodious and suitable dining rooms, lounging rooms, smoking rooms, lavatories, toilet rooms, and bathrooms: Provided, That (a) The space in any place appropriated to the use of steerage passengers in which they sleep shall not be less than eighteen superficial feet in the case of the lowest passenger deck and fifteen superficial feet in the case of a passenger deck. (b) Each space so included in the measurement must be clearly marked to the satisfaction of the inspector as being exclusively appropriated for the use of the steerage passengers. Eleventh. Each separate compartment in which steerage passengers are berthed shall be conspicuously marked, showing the total area of such compartments. (Aug. 2, 1882, ch. 374, § 1, 22 Stat. 186; Dec. 19, 1908, ch. 6, § 1, 35 Stat. 583.) SHORT TITLE Section 14 of act Aug. 2, 1882, provided in part that such act, which enacted this chapter, may be cited as The Passenger Act, 1882. IMMIGRANT PASSENGERS Provisions similar to those comprising this section as to the accommodations for immigrant passengers, were contained in the Immigration Act of Feb. 20, 1907, ch. 1134, § 42, 34 Stat. 910, to take effect Jan. 1, 1909; but, before that date, said section 42, and so much of sections 43 and 44 of that Act as provided for the repeal of this section of the Passenger Act of Aug. 2, 1882, were repealed by act Dec. 19, 1908. CROSS REFERENCES Explosives on vessels carrying steerage passengers, penalty, see section 2278 of Title 18, Crimes and Criminal Procedure. Misdemeanor as offense punishable by imprisonment for term not exceeding one year, see section 1 of said Title 18. Provisions relating to immigration, see section 1151 et seq. of Title 8, Aliens and Nationality. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 2278. § 152. Berths for passengers Sufficient number required-In every such steamship or other vessel there shall be a sufficient number of berths for the proper accommodation as hereinafter provided, of all such passengers. Number of tiers; construction and occupancy-There shall not be on any deck nor in any compartment or space occupied by such passengers more than two tiers of berths. The berths shall be properly constructed, and be separated from each other by partitions, as berths ordinarily are separated, and each berth shall be at least two feet in width and six feet in length; and the interval between the floor or lowest part of the lower tier of berths and the deck be neath them shall not be less than six inches, nor the interval between each tier of berths, and the interval between the uppermost tier and the deck above it, less than two feet six inches; and each berth shall be occupied by not more than one passenger over eight years of age; but double berths of twice the above-mentioned width may be provided, each double berth to be occupied by no more and by none 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 personally acquainted with each other. Berths for males-All the male passengers upwards of fourteen years of age who do not occupy berths with their wives shall be berthed in the fore part of the vessel, in a compartment divided off from the space or spaces appropriated to the other passengers by a substantial and well-secured bulkhead. Berths for unmarried females-Unmarried female passengers shall be berthed in a compartment separated from the spaces occupied by other passengers by a substantial and wellconstructed bulkhead, the opening or communication from which to an adjoining passenger space shall be so constructed that it can be closed and secured. Families-Families shall not be separated except with their consent. Berths to be numbered-Each berth shall be numbered serially, on the outside berth board, according to the number of passengers that may lawfully occupy the berth; and the berths occupied by such passengers shall not be removed or taken down until the expiration of twelve hours from the time of entry, unless previously inspected within a shorter period. Penalties-For any violation of either of the provisions of this section the master of the vessel shall be liable to a fine of $5 for each passenger carried or brought on the vessel. (Aug. 2, 1882, ch. 374, § 2, 22 Stat. 186.) § 153. Light, air, and accommodations for passengers Light and air-Every such steamship or other vessel shall have adequate provision for affording light and air to the passenger decks and to the compartments and spaces occupied by such passengers, and with adequate means and appliances for ventilating the said compartments and spaces. Ventilators-To compartments having sufficient space for fifty or more of such passengers at least two ventilators, each not less than twelve inches in diameter, shall be provided, One of which ventilators shall be inserted in the forward part of the compartment, and the other in the after part thereof, and shall be so constructed as to ventilate the compartment; and additional ventilators shall be provided for each compartment in the proportion of two ventilators for each additional fifty of such passengers carried or brought in the compartment. All ventilators shall be carried at least six feet above the uppermost deck of the vessel, and shall be of the most approved form and construction. In any steamship the ventilating ap paratus provided, or any method of ventilation adopted thereon, which has been approved by the proper emigration officers at the port or place from which said vessel was cleared, shall be deemed a compliance with the foregoing provisions. Hatchways and companionways-In all vessels carrying or bringing such passengers there shall be properly constructed hatchways over the compartments or spaces occupied by such passengers, which hatchway shall be properly covered with houses or booby hatches, and the combings or sills of which shall rise at least six inches above the deck; and there shall be proper companionways or ladders from each hatchway leading to the compartments or spaces occupied by such passengers; and the said companionways or ladders shall be securely constructed, and be provided with handrails or strong rope, and, when the weather will permit, such passengers shall have the use of each hatchway situated over the compartment or spaces appropriated to their use. Caboose and cooking apparatus-Every vessel carrying or bringing such passengers shall have a properly located and constructed caboose and cooking range, or other cooking apparatus, the dimensions and capacity of which shall be sufficient to provide for properly cooking and preparing the food of all such passengers. Water-closets-In every vessel carrying or bringing such passengers there shall be at least two water-closets or privies, and an additional water-closet or privy for every one hundred male passengers on board, for the exclusive use of such male passengers, and an additional water-closet or privy for every fifty female passengers on board, for the exclusive use of the female passengers and young children on board. The aforesaid water-closets and privies shall be properly inclosed and located on each side of the vessel, and shall be separated from passengers' spaces by substantial and properly constructed partitions or bulkheads; and the water-closets and privies shall be kept and maintained in a serviceable and cleanly condition throughout the voyage. Penalties-For any violation of either of the provisions of this section, or for any neglect to conform to the requirements thereof, the master of the vessel shall be liable to a penalty not exceeding $250. (Aug. 2, 1882, ch. 374, § 3, 22 Stat. 187.) § 154. Food Allowance of-An allowance of good, wholesome, and proper food, with a reasonable quantity of fresh provisions, which food shall be equal in value to one and a half Navy rations of the United States, and of fresh water, not less than four quarts per day, shall be furnished each of such passengers. Number of meals per day-Three meals shall be served daily, at regular and stated hours, of which hours sufficient notice shall be given. Short allowance-If any such passengers shall at any time during the voyage be put on short allowance for food and water, the master of the vessel shall pay to each passenger $3 for each and every day the passenger may have been put on short allowance, except in case of accidents, where the captain is obliged to put the passengers on short allowance. Milk for infants-Mothers with infants and young children shall be furnished the necessary quantity of wholesome milk or condensed milk for the sustenance of the latter. Tables and seats-Tables and seats shall be provided for the use of passengers at regular meals. Penalties-For every willful violation of any of the provisions of this section the master of the vessel shall be deemed guilty of a misdemeanor and shall be fined not more than $500 and be imprisoned for a term not exceeding six months. The enforcement of this penalty, however, shall not affect the civil responsibility of the master and owners of the vessel to such passengers as may have suffered from any negligence, breach of contract, or default on the part of such master and owners. (Aug. 2, 1882, ch. 374, § 4, 22 Stat. 188.) CROSS REFERENCES Misdemeanor as offense punishable by imprisonment for term not exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. Navy rations, see section 6081 et seq. of Title 10, Armed Forces. § 155. Hospitals, surgeon, and medicine In every such steamship or other vessel there shall be properly built and secured, or divided off from other spaces, two compartments or spaces to be used exclusively as hospitals for such passengers, one for men and the other for women. The hospitals shall be located in a space not below the deck next below the main deck of the vessel. The hospital spaces shall in no case be less than in the proportion of eighteen clear superficial feet for every fifty such passengers who are carried or brought on the vessel, and such hospitals shall be supplied with proper beds, bedding, and utensils, and be kept so supplied throughout the voyage. And every steamship or other vessel carrying or bringing emigrant passengers, or passengers other than cabin passengers, exceeding fifty in number, shall carry a duly qualified and competent surgeon or medical practitioner, who shall be rated as such in the ship's articles, and who shall be provided with surgical instruments, medical comforts, and medicines proper and necessary for diseases and accidents incident to sea voyages, and for the proper medical treatment of such passengers during the voyage, and with such articles of food and nourishment as may be proper and necessary for preserving the health of infants and young children; and the services of such surgeon or medical practitioner shall be promptly given, in any case of sickness or disease, to any of the passengers, or to any infant or young child of any such passengers, who may need his services. For a violation of either of the provisions of this section the master of the vessel shall be liable to a penalty not exceeding $250. (Aug. 2, 1882, ch. 374, § 5, 22 Stat. 188.) CROSS REFERENCES Merchant seamen, medicines for, see sections 666 and 667 of this title. § 156. Discipline and cleanliness; space for exercise of passengers The master of every such steamship or other vessel is authorized to maintain good discipline and such habits of cleanliness among such passengers as will tend to the preservation and promotion of health, and to that end he shall cause such regulations as he may adopt for such purpose to be posted up on board the vessel, in a place or places accessible to such passengers, and shall keep the same so posted up during the voyage. The said master shall cause the compartments and spaces provided for, or occupied by, such passengers to be kept at all times in a clean and healthy condition, and to be, as often as may be necessary, disinfected with chloride of lime, or by some other equally efficient disinfectant. Whenever the state of the weather will permit, such passengers and their bedding shall be mustered on deck, and a clear and sufficient space on the main or any upper deck of the vessel shall be set apart, and so kept, for the use and exercise of such passengers during the voyage. For each neglect or violation of any of the provisions of this section the master of the vessel shall be liable to a penalty not exceeding $250. (Aug. 2, 1882, ch. 374, § 6, 22 Stat. 188.) § 156a. Transportation of animals by vessels carrying steerage passengers Horses, cattle, or other animals taken on board of or brought in any such vessel shall not be carried on any deck below the deck on which passengers are berthed, nor in any compartment in which passengers are berthed, nor in any adjoining compartment except in a vessel built of iron and of which the compartments are divided off by watertight bulkheads extending to the upper deck. For every violation of any of the provisions of this section the master of the vessel shall be deemed guilty of a misdemeanor, and shall be fined not exceeding $1,000, and be imprisoned for a period not exceeding one year. (Aug. 2, 1882, ch. 374, § 8, 22 Stat. 189; June 25, 1948, ch. 645, § 17, 62 Stat. 862.) CODIFICATION Section comprises part of section 8 of act Aug. 2, 1882. Provisions of section 8, relating to carriage of explosives and other dangerous articles, formerly classified to section 171 of this title, were repealed by act June 25, 1948, ch. 645, § 17, 62 Stat. 862, and reenacted as section 2278 of Title 18, Crimes and Criminal Procedure. CROSS REFERENCES Misdemeanor as offense punishable by imprisonment for term not exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. § 157. Visiting parts of vessel occupied by passengers Neither the officers, seamen, nor other persons employed on any such steamship or other vessel shall visit or frequent any part of the vessel provided or assigned to the use of such passengers, except by the direction or permission of the master of such vessel first made or given for such purpose; and every officer, seaman, or other person employed on board of such vessel who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and may be fined not exceeding $100, and be imprisoned not exceeding twenty days, for each violation; and the master of such vessel who directs or permits any officer, seaman, or other person employed on board the vessel to visit or frequent any part of the vessel provided for or assigned to the use of such passengers, or the compartments or spaces occupied by such passengers, except for the purpose of doing or performing some necessary act or duty as an officer, seaman, or other person employed on board of the vessel, shall be deemed guilty of a misdemeanor, and may be fined not more than $100 for each time he directs or permits the provisions of this section to be violated. A copy of this section, written or printed in the language or principal languages of the passengers on board, shall, by or under the direction of the master of the vessel, be posted in a conspicuous place on the forecastle and in the several parts of the vessel provided and assigned for the use of such passengers, and in each compartment or space occupied by such passengers, and the same shall be kept so posted during the voyage; and if the said master neglects so to do, he shall be deemed guilty of a misdemeanor, and shall be fined not more than $100. (Aug. 2, 1882, ch. 374, § 7, 22 Stat. 189.) CROSS REFERENCES Misdemeanor as offense punishable by imprisonment for term not exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure. § 158. Boarding vessel on arrival; passenger lists It shall not be lawful for the master of any such steamship or other vessel, not in distress, after the arrival of the vessel within any collection district of the United States, to allow any person or persons, except a pilot, officer of the customs, or health officer, agents of the vessel, and consuls, to come on board of the vessel, or to leave the vessel, until the vessel has been taken in charge by an officer of the customs, nor, after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel. On the arrival of any such steamship or other Vessel within any collection district of the United States, the master shall submit for inspection to the officer of customs who first makes demand therefor, and shall subsequently deliver with his manifest of cargo on entry, a correct list, signed and verified on oath by the master, of all passengers taken on board the Vessel at any foreign port or place, specifying, in the manner to be prescribed from time to time by the Commissioner of Customs, the name of each passenger, age (if a child of eight years or under), sex, married or single, location of compartment or space occupied during the voyage (if the passenger be other than a cabin 11-617 VOL. 18 0-84-6 passenger), whether a citizen of the United States, number of pieces of baggage, and if any passenger die on the voyage the list shall specify the name, age, and cause of death of each deceased passenger. For a violation of either of the provisions of this section, or for permitting or neglecting to prevent a violation thereof, the master of the vessel shall be liable to a fine not exceeding $1,000. (Aug. 2, 1882, ch. 374, § 9, 22 Stat. 189; Feb. 9, 1905, ch. 564, § 1, 33 Stat. 711; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) CODIFICATION The first sentence of the first paragraph and the second paragraph of this section are from the first and third paragraphs of section 9 of act Aug. 2, 1882. In the second sentence of the first paragraph of this section, the words "On the arrival of any such steamship or other vessel within any collection district of the United States," are from the second paragraph of section 90. The rest of that sentence is from act Feb. 9, 1905, which provided for the list therein specified in lieu of the list prescribed by section 9 of the act of Aug. 2, 1882. EFFECTIVE DATE Section 2 of act Feb. 9, 1905, provided that the Act should take effect July 1, 1905. TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department. "Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title. Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of Commerce and Labor" to conform to act Mar. 4, 1913, which provided that the Secretary of Commerce and Labor should thereafter be called the Secretary of Commerce. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 of this title. CROSS REFERENCES Penalty for boarding vessels before arrival, see section 2279 of Title 18, Crimes and Criminal Procedure. Regulations as to boarding arriving vessels before inspection, see section 163 of this title. SECTION REFERRED TO IN OTHER SECTIONS § 159. Death of passengers; payment to collector for |