Tum DEVON8H13E.` 41
pied by one passenger; with a provision for double berths to be
occupied by more than one person under certain circumstances and
restrictions. For any violation of this section it is declared that the
master of the vessel and the owners thereof shall severally be liable
to a penalty of five dollars for each passenger on board of such vessel
on such voyage, to be recovered by the United States in any port
when such vessel may arrive or depart.
The fifteenth section (section 4270 of the Revised Statutes) declares
that "the amount of the several penalties imposed by theloregoing
provisions regulating the carriage of passengers in merchant vessels
shall be liens on the vessel violating those provisions; andsuch ves-
sels shall be libeled therefor in any district or circuit court of the
United States where such vessel shall arrive." · °
Each of these sections uses the word "vessel" without in any way
limiting its application to a sail-vessel. Standing alone and without
qualincation, they would include in their provisions a steam as well
as a sail-vessel; A vessel is none the less one on account of the
mannerof her propulsion, whether by oars, sails, or steam; and the
Revised Statutes (section 3) declare that the term "inc1udes every de- '
scription of water-craft, or other artificial contrivance used or capa-
ble of being used as a means of transportation on water."
But the tenth section of the act (section 4264, Rev. St.; Act Feb.
27, 1877; 19 St. 250) provides that "the provisions, requisitions,
penalties, and liens of this act relating to the space in vessels appro-
priated to the use of passengers are hereby extended and made appli- W
cable to all places appropriated to the use of steerage passengers in
' vessels propelled in whole or in part by steam, and navigating from,
to, and between the ports, and in manner as in this act named, and
to such vessels and the masters thereof ;" and repeals so much of the
steam-boat act of August 30, 1850, (I0 St. 61,) as condicts therewith;
and further provides that "the space appropriated to the use of steer-
age passengers" on steam-vessels shall be "subject to the super-
vision and inspection of the collector of customs," as provided in sec-( 4
tion 9 of the act, in the case of other vessels.
In January, 1868, this statute came before the_district court for s
the southern district of New York for construction, in the case of
The Steamship Mahatma 2 Ben. 88, which was libeled on account of
penalties alleged to have been incurred bythe master and owner in `
the violation of this same section 2.
Judge Blatchford held that the section was not applicable to steam-
ships, upon the familiar rule that the statute must he so construed
 @