Title 33 — Navigation and Navigable Waters
Chapter 9 — Protection of Navigable Waters and of Harbor and River Improvements Generally
§ 444. Dumping at other place than designated dumping grounds; penalty; person liable; excuses for deviation
Statutory text
Any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in section 441 of this title; and the owner and master, or person acting in the capacity of master, of any tug or towboat towing such scows or boats shall be liable to equal punishment with the owner and master, or person acting in the capacity of master, of the scows or boats; and, further, every scowman or other employee on board of both scows and towboats shall be deemed to have knowledge of the place of dumping specified in such permit, and the owners and masters, or persons acting in the capacity of masters, shall be liable to punishment, as aforesaid, for any unlawful dumping, within the meaning of this Act and this subchapter, which may be caused by the negligence or ignorance of such scowman or other employee; and, further, neither defect in machinery nor avoidable accidents to scows or towboats, nor unfavorable weather, nor improper handling or moving of scows or boats of any kind whatsoever shall operate to release the owners and master and employees of scows and towboats from the penalties mentioned in section 441 of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 50–496 § 3 · 25 Stat. 209
Enacted · 33 U.S.C. § 444
June 29, 1888, ch. 496, § 3, 25 Stat. 209
Source evidence
Code source credit
June 29, 1888, ch. 496, § 3, 25 Stat. 209Enacted provision · exact public law section
Sec. 3. That in all cases of receiving on board of any scows or Transporting matter to discharging place. boats such forbidden matter or substance as herein described, it shall be the duty of the owner or master, or person acting in such capacity, on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, to apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the Permits. precise limits within which the discharge of such scows or boats may be made; and any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor within the meaning of this act: and the master and engineer, or person or persons Punishment for violating. acting in such capacity, on board of any towboat towing such scows or boats, shall be equally guilty of such offense with the master or person acting in the capacity of master of the scow, and be liable to equal punishment.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in text, is act Aug. 18, 1894, ch. 299, 28 Stat. 356, which enacted sections 1, 31, and 452 of this title and amended sections 443 to 448 and 499 of this title. For complete classification of this Act to the Code, see Tables.
Codification
Section was enacted as part of section 3 of act . Said section 3 of act , enacted sections 443 to 448 of this title. See Codification note set out under section 443 of this title.
Credits
1888–1908 · 3 acts
- 1888June 29, 1888, ch. 496, § 3, 25 Stat. 209
- 1894Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360
- 1908May 28, 1908, ch. 212, § 8, 35 Stat. 426.
Show as published
(June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 426.)