tween such flues is less than three inches, they shall be deemed lawfully constructed. (35 Stat. 687.)

This section was part of an act to amend R. S. § 4434, and for other purposes, cited above.

Section 1 of the act amended said R. S. § 4434, and is incorporated in that section as set forth ante, § 8197.

Section 3 of this act repealed all laws or parts of laws in conflict with the act.

(R. S. §§ 4435, 4436. Repealed.)

These sections prescribed certain requirements as to feed and connecting pipes for boilers, and safety valves, and fusible plugs therein. They were both repealed by Act March 3, 1905, c. 1456, § 4, 33 Stat. 1028. Section 1 of said act, amended R. S. § 4418, relating to inspection of boilers, and is incorporated in that section as set forth ante, § 8173.

§ 8199. (R. S. § 4437.) Punishment for obstructing safety-valves,

etc.

Every person who intentionally loads or obstructs, or causes to be loaded or obstructed, in any way or manner, the safety-valve of a boiler, or who employs any other means or device whereby the boiler may be subjected to a greater pressure than the amount allowed by the certificate of the inspectors, or who intentionally deranges or hinders the operation of any machinery or device employed to denote the state of the water or steam in any boiler, or to give warning of approaching danger, or who intentionally permits the water to fall below the prescribed low-water line of the boiler, and every person concerned therein, directly or indirectly, shall be guilty of a misdemeanor, and shall be fined two hundred dollars, and may also be imprisoned not exceeding five years.

Act Feb. 28, 1871, c. 100, § 40, 16 Stat. 452.

§ 8200. (R. S. § 4438, as amended, Act Dec. 21, 1898, c. 29, § 1, Act Jan. 25, 1907, c. 398, and Act May 28, 1908, c. 212, § 2.) Licenses of officers by inspectors.

The boards of local inspectors shall license and classify the masters, chief mates, and second and third mates, if in charge of a watch, engineers, and pilots of all steam vessels, and the masters. of sail vessels of over seven hundred gross tons, and all other vessels of over one hundred gross tons carrying passengers for hire. It shall be unlawful to employ any person or for any person to serve as a master, chief mate, engineer, or pilot of any steamer or as master of any sail vessel of over seven hundred gross tons or of any other vessel of over one hundred gross tons carrying passengers for hire who is not licensed by the inspectors; and anyone violating this section shall be liable to a penalty of one hundred dollars for each offense.

Act Feb. 28, 1871, c. 100, § 14, 16 Stat. 446. Act Dec. 21, 1898, c. 29, § 1, 30 Stat. 764. Act Jan. 25, 1907, c. 398, 34 Stat. 864. Act May 28, 1908, c. 212, § 2, 35 Stat. 425.

This section, as enacted in the Revised Statutes, was as follows: "The boards of local inspectors shall license and classify the masters, chief mates, engineers, and pilots of all steam-vessels. It shall be unlawful to employ any person, or for any person to serve as a master, chief mate, engineer, or pilot on any steamer, who is not licensed by the inspectors; and

any one violating this section shall be liable to a penalty of one hundred dollars for each offense."

It was amended by Act Dec. 21, 1898, c. 29, § 1, cited above, to read as follows:

"The boards of local inspectors shall license and classify the masters, chief mates, and second and third mates, if in charge of watch, engineers, and pilots of all steam vessels, and the masters and chief mates of sail vessels of over seven hundred tons and all other vessels and barges of over one hundred tons burden carrying passengers for hire. It shall be unlawful to employ any person, or for any person to serve, as a master, chief mate, engineer, or pilot of any steamer, or as master or chief mate of any sail vessel of over seven hundred tons who is not licensed by the inspectors; and any one violating this section shall be liable to a penalty of one hundred dollars for each offense."

It was further amended by Act Jan. 25, 1907, c. 398, also cited above, by omitting from the section words including chief mates as well as masters of sail vessels, changing the word "tons" and the words "tons burden," wherever they occurred to "gross tons," and inserting after the word "engineer" the words, "in charge of a watch," and after the words "any sail vessel of over seven hundred gross tons," the words "or of any other vessel of over one hundred gross tons carrying passengers for hire."

It was again amended by Act May 28, 1908, c. 212, § 2, to read as set forth here.

All officers of vessels of the United States having charge of a watch, including pilots, must in all cases be citizens of the United States, and the word "officers" includes the chief engineer and each assistant engineer in charge of a watch on vessels propelled wholly or in part by steam, and no person is qualified to hold a license as a commander or watch officer of a merchant vessel of the United States who is not a native-born citizen, or whose naturalization as a citizen has not been fully completed, by R. S. § 4131, as amended by Act May 28, 1896, c. 255, § 1, ante, § 7707.

§ 8201. (R. S. § 4439, as amended, Act Dec. 21, 1898, c. 29, § 2.) License of captain.

Whenever any person applies to be licensed as master of any steam vessel, or of a sail vessel of over seven hundred tons, the inspectors shall make diligent inquiry as to his character, and shall carefully examine the applicant as well as the proofs which he presents in support of his claim, and if they are satisfied that his capacity, experience, habits of life, and character are such as warrant the belief that he can safely be intrusted with the duties and responsibilities of the station for which he makes application, they shall grant him a license authorizing him to discharge such duties on any such vessel for the term of five years; but such license shall be suspended or revoked upon satisfactory proof of bad conduct, intemperate habits, incapacity, inattention to his duties, or the willful violation of any provision of this title applicable to him.

Act Feb. 28, 1871, c. 100, § 15, 16 Stat. 446. Act Dec. 21, 1898, c. 29, § 2, 30 Stat. 764.

This section was amended by Act Dec. 21, 1898, c. 29, § 2, cited above, by inserting, after the words, "as master of any steam-vessel," the words "or of a sail vessel of over seven hundred tons"; by making the term of the license five years instead of one; and by adding, at the end of the section, the words "applicable to him."

§ 8202. (R. S. § 4440, as amended, Act Feb. 27, 1877, c. 69, § 1, Act March 23, 1898, c. 86, and Act Dec. 21, 1898, c. 29, § 3.) License of mates.

Whenever any person applies for authority to be employed as chief

mate of ocean or coastwise steam vessels or of sail vessels of over seven hundred tons, or as second or third mate of ocean or coastwise steam vessels, who shall have charge of a watch, or whenever any person applies for authority to be employed as mate of river steamers, the inspectors shall require satisfactory evidence of the knowledge, experience, and skill of the applicant in lading cargo and in handling and stowage of freight, and if for license as chief mate on ocean or coastwise steamers, or of sail vessels of over seven hundred tons, or as second or third mate of ocean or coastwise steamers, who shall have charge of a watch, shall also examine him as to his knowledge and ability in navigation and managing such vessels and all other duties pertaining to his station, and if satisfied of his qualifications and good character they shall grant him a license authorizing him to perform such duties for the term of five years upon the waters upon which he is found qualified to act; but such license shall be suspended or revoked upon satisfactory proof of bad conduct, intemperate habits, unskillfulness, or want of knowledge of the duties of his station or the willful violation of any provision of this title.

Act Feb. 28, 1871, c. 100, § 16, 16 Stat. 446. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 251. Act March 23, 1898, c. 86, 30 Stat. 340. Act Dec. 21, 1898, c. 29, § 3, 30 Stat. 765.

This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by striking out the word "inspector," and inserting "inspectors."

It was further amended by Act March 23, 1898, c. 86, also cited above, by making second and third mates and mates on river steamboats liable to examination and subject to be licensed, and by extending the term of the license from one to five years.

It was again amended by Act Dec. 21, 1898, c. 29, § 3, last cited above, by including mates of sailing vessels of over 700 tons burden.

§ 8203. (R. S. § 4441, as amended, Act Feb. 27, 1877, c. 69, § 1.) License of engineer.

Whenever any person applies for authority to perform the duties of engineer of any steam-vessel, the inspectors shall examine the applicant as to his knowledge of steam machinery, and his experience as an engineer, and also the proofs which he produces in support of his claim; and if, upon full consideration, they are satisfied that his character, habits of life, knowledge, and experience in the duties of an engineer are all such as to authorize the belief that he is a suitable and safe person to be intrusted with the powers and duties of such a station, they shall grant him a license, authorizing him to be employed in such duties for the term of one year, in which they shall assign him to the appropriate class of engineers; but such license shall be suspended or revoked upon satisfactory proof of negligence, unskillfulness, intemperance, or the willful violation of any provision of this Title. Whenever complaint is made against any engineer holding a license authorizing him to take charge of the boilers and machinery of any steamer, that he has, through negligence or want of skill, permitted the boilers in his charge to burn or otherwise become in bad condition, or that he has not kept his engine and machinery in good working order, it shall be the duty of the inspectors, upon satisfactory proof of such negligence or want of skill, to revoke the license of such engineer

and assign him to a lower grade or class of engineers, if they find him fitted therefor.

Act Feb. 28, 1871, c. 100, § 17, 16 Stat. 446. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 252.

This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by striking out the word "inspector" and inserting "inspectors."

See, also, notes to R. S. § 4438, ante, § 8200.

§ 8204. (R. S. § 4442.) License of pilot.

Whenever any person claiming to be a skillful pilot of steam-vessels offers himself for a license, the inspectors shall make diligent inquiry as to his character and merits, and if satisfied, from personal examination of the applicant, with the proof that he offers that he possesses the requisite knowledge and skill, and is trustworthy and faithful, they shall grant him a license for the term of one year to pilot any such vessel within the limits prescribed in the license; but such license shall be suspended or revoked upon satisfactory evidence of negligence, unskillfulness, inattention to the duties of his station, or intemperance, or the willful violation of any provision of this Title.

Act Feb. 28, 1871, c. 100, § 18, 16 Stat. 447.

See notes to R. S. § 4438, ante, § 8200.

§ 8205. (R. S. § 4443.) License of captain or mate as pilot.

Where the master or mate is also pilot of the vessel, he shall not be required to hold two licenses to perform such duties, but the license issued shall state on its face that he is authorized to act in such double capacity.

Act Feb. 28, 1871, c. 100, § 18, 16 Stat. 447.

§ 8206. (R. S. § 4444.) State regulation of pilots.

No State or municipal government shall impose upon pilots of steamvessels any obligation to procure a State or other license in addition. to that issued by the United States, or any other regulation which will impede such pilots in the performance of the duties required by this Title; nor shall any pilot-charges be levied by any such authority upon any steamer piloted as provided by this Title; and in no case shall the fees charged for the pilotage of any steam-vessel exceed the customary or legally established rates in the State where the same is performed. Nothing in this Title shall be construed to annul or affect any regulation established by the laws of any State, requiring vessels entering or leaving a port in any such State, other than coastwise steam-vessels, to take a pilot duly licensed or authorized by the laws of such State. or of a State situate upon the waters of such State.

Act Feb. 28, 1871, c. 100, § 51, 16 Stat. 455.

§ 8207. (R. S. § 4445, as amended, Act March 23, 1900, c. 90, § 1.) Oath of licensed officers.

Every master, chief mate, engineer, and pilot, who receives a license, shall, before entering upon his duties, make oath before one of the inspectors herein provided for, to be recorded with the certificate, that he will faithfully and honestly, according to his best skill and judgment, without concealment or reservation, perform all the duties required of him by law. Every applicant for license as either master, mate, pilot, or engineer under the provisions of this title shall make and subscribe (3649)

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to an oath or affirmation, before one of the inspectors referred to in this title, to the truth of all the statements set forth in his application for such license. Any person who shall make or subscribe to any oath or affirmation authorized in this title and knowing the same to be false shall be deemed guilty of perjury. Every licensed master, mate, pilot, or engineer who shall change, by addition, interpolation, or erasure of any kind, any certificate or license issued by any inspector or inspectors referred to in this title shall, for every such offense, upon conviction, be punished by a fine of not more than five hundred dollars or by imprisonment at hard labor for a term not exceeding three years. Act Feb. 28, 1871, c. 100, § 56, 16 Stat. 456. Act March 23, 1900, c. 90, § 1, 31 Stat. 50.

This section, as enacted in the Revised Statutes, contained only the first sentence of the section as set forth here, ending with the words "all the duties required of him by law." The further provisions, beginning with the words, "Every applicant for license as either master," etc., to the end of the section as set forth here, were added by amendment by Act March 23, 1900, c. 90, § 1, cited above.

§ 8208. (R. S. § 4446, as amended, Act Feb. 19, 1907, c. 991.) Licenses to be exhibited.

Every master, mate, engineer, and pilot who shall receive a license shall, when employed upon any vessel, within forty-eight hours after going on duty, place his certificate of license, which shall be framed under glass, in some conspicuous place in such vessel, where it can be seen by passengers and others at all times: Provided, That in case of emergency such officer may be transferred to another vessel of the same owners for a period not exceeding forty-eight hours. without the transfer of his license to such other vessel; and for every neglect to comply with this provision by any such master, mate, engineer, or pilot, he shall be subject to a fine of one hundred dollars, or to the revocation of his license.

Act Feb. 28, 1871, c. 100, § 18, 16 Stat. 447. Act Feb. 19, 1907, c. 991, 34 Stat. 897.

This section was amended by Act Feb. 19, 1907, c. 991, cited above, by inserting, after the words of the section as originally enacted, "when employed upon any vessel," the words "within forty-eight hours after going on duty;" and by inserting, after the clause ending "where it can be seen by passengers and others at all times," the proviso "Provided, That in case of emergency such officer may be transferred to another vessel of the same owners for a period not exceeding forty-eight hours without the transfer of his license to such other vessel."

§ 8209. (R. S. § 4447.) Renewal of officer's license.

When any licensed officer is employed on a steamer in a district distant from any local board of inspectors, such inspectors, or the supervising inspector of the district, may grant a renewal of his license, without such licensed officer being personally present, under such regulations as the board of supervising inspectors shall prescribe.

Act Feb. 28, 1871, c. 100, § 56, 16 Stat. 456.

§ 8210. (R. S. § 4448.) Licensed officers to assist inspectors in examinations.

All officers licensed under the provisions of this Title shall assist the inspectors in their examination of any vessel to which such licensed