The general rules above laid down, so far as they are applicable, mutatis mvtandis, con trol the rights and duties of passenger-car riers both by land and water. There are many special regulations, both in regard to the conduct of sailing and steam vessels, which it is the duty of masters to observe in order to secure the safety of passengers, and which it will be culpable negligence to disre gard ; but they are too minute to be here enu merated. See Angell, Carr. 633 et seq. And a pilot being on board and having the entire control of the vessel will not exonerate the owner from responsibility any more than if the master had charge of the vcssel,—the pilot being considered the agent of the owner. 8 Pick. Mass. 22; 5 Bos. & P. 182. But in 1 How. 28, it was considered that the owner is not responsible, while a pilot licensed under the acts of parliament is directing the move ments of his ship in the harbor of Liverpool, for an injury to another ship by collision.
10. By the act of congress of 2d March, 1319, 3 Story, U. S. Laws, 1722, it is enacted: 1. That , no master of a vessel bound to or from the United States shall take more than two passengers for every five toils of the ship's oustom-house measure ment. 2. That the quantity of water and provi sions, which shall be taken on board and secured under deck, by every ship bound from the United States to any port on the continent of Europe, shall be sixty gallons of water, one hundred pounds of salted provisions, one gallon of vinegar, and one hundred pounds of wholesome ship-bread, for each passenger, besides tho stores of the crew. The tonnage hero mentioned is the measurement of the custom-house: and in estimatine the number of passengers in a vessel no deduotion is to be made for children or persons not paying, but the crew is not to be included. Gilp. C. C. 334.
11. The act of congress of February 22, 1847, section 1, provides: "That if the master of any ves sel owned in whole or in part by a citizen of the United States of America, or by a citizen of any foreign country, shall take on board such vessel, at any foreign port or place, a greater number of passengers than in the following proportion to the space occupied by them and appropriated for their use, and unoccupied by stores or other goods, not being the personal luggage of such passeogere ; that is to say, on the lower deck or platform one passen ger for every fourteen clear superficial feet of deck if such vessel is not to pass within the tropics during such voyage, but, if such vessel is to pass within the tropics during such voyage, then one passenger for every twenty such clear superficial feet of deck ; and on the orlop-deck (if any), one passenger for every thirty finch superficial feet in all cases, with intent to bring such passengers to the United states of America, and shall leave such port or place with the same and bring the same or any number thereof within the jurisdiction of the United States aforesaid; or if any such master of a vessel shall take on board of his vessel, at any port or place within the jurisdiction of the United States afore said, any greater number of passengers than the proportions aforesaid admit, with intent to Carry the same to any foreign port or place, every such master shall be deemed guilty of a misdemeanor, aod, upon conviction thereof before any circuit or district court of the United States aforesaid, shall, for each passenger taken on board beyond the above proportions, be fined in the sum of fifty dol lars, and may also be imprisoned for any term not exceeding one year : Provided, That this act shall not be construed to permit any ship or vessel to carry more than two passengers to five tons of such ship or vesseL" 12. Children under one year of age not to be
computed in counting the passengers, and those over one year and under eight are to be counted as two children for one passenger. Sect. 4. But this section is repealed, so far as authorizes shippers to estimate two children of eight years of age and under as one passenger, by the act of March 2, 1847, s. 2. In New York, statutory regulations have been made in relation to their canal navigation. See 6 Cow. N. Y. 698. As to the conduct of carrier ves sels on the ocean, see Story, Bailm. 607 et eeq. ; Edwards, Bailm.; Marshall, Ins. b. 1, c. 12, s. 2.
And see, generally, 1 Viner, Abr. 219; Bacon, Abr. ; 1 Comyns, Dig. 423 ; Petersdorf, Abr.; Dane, Abr. Index ; Comm. 464; 16 East, 247, note; Bouvier, Inst. Index.