“ That section provides that the master of any vessel arriving in the United States from any foreign place whatever, at the same time that he delivers a manifest of the cargo, or makes report or entry of the vessel pursuant to law, shall also deliver a report to the collector of the district in which such vessel shall arrive, and a list of all the passengers taken on board of the vessel at any foreign port of place, verified by his oath, in the same manner as directed by law in relation to the manifest of the cargo. ”

“ The offenses for which the master is made criminally liable are willful violations of the law in which the owners have no complicity. The infractions of the act for which the owners are made responsible in a civil suit relate to houses over passage ways, to ventilators, cambooses, or cooking ranges, water-closets, etc., and other arrangments, for the comfort and health of the passengers, which it is the owners' duty to provide. ”

“ Neither is there anything in the nature of the master's offense, as described in sections 4252, 4253, and 4262, which should constitute the fines assessed under those sections exceptions out of the provision for a lien contained in section 4270. There is nothing in the nature of the case to exonerate the owner of the vessel from responsibility for the acts of the master in overcrowding the vessel with passengers contrary to law. ”

“ In other words, this section of the statute does not point to any distinction such as that now insisted on, but seems intended to embrace as liens upon the vessel itself the amount of every penalty imposed by a previous section of the statute for every offense against its provisions.
The fact that the master is also liable, as a part of his punishment, to be imprisoned, does not constitute any such incongruity as to make the construction now put upon section 4270 unreasonable. ”

“ This stipulation provides that the liability, if any, of the master of the steamship, for the penalties provided for in sections 4255 and 4266 of the Revised Statutes, may be ascertained on the trial of the cause itself as fully and with the same force and effect as if the same were ascertained on a trial of a proceeding against the master to recover the penalty, and a judgment therefor had been rendered against him; and all exceptions to the libel that the liability of the master, if any, had not been ascertained on a proceeding against him prior to the filing thereof were thereby waived. ”

“ By section 4260 and section 4261 the owner is expressly made responsible for the act of the master in not putting on board for the use of the passengers a sufficient supply of provisions and water, and the owner, as well as the master, is by section 4261 made expressly liable to the extent of $3 a day for each passenger put on short allowance in consequence of a failure of the master to supply the proper quantity and quality of provisions and water as required by law. ”