1106 ARTICLE 27.

purser or other officer in command to separate, as far as the construction
of his boat and due consideration for the comfort of the passengers will
permit, the white and colored passengers on said boat in the "sitting, sleep-
ing and eating apartments; provided, however, that no discrimination shall
be made in the quality and convenience of accommodation afforded passen-
gers in said locations; and provided, that this section and the two succeed-
ing sections shall not apply to nurses or attendants traveling with their
employers, nor to officers in charge of prisoners, whether the said prisoners
are white or colored, or both white and colored, or to prisoners in their
custody.

An. Code, sec. 395. 1904, sec. 354. 1904, ch. 110, sec. 2.

440. Any captain, purser or other officer in command of any steamboat
as aforesaid who shall refuse to carry out the provisions of section 439 shall
be deemed guilty of a misdemeanor, and upon indictment in any court
having jurisdiction, and conviction thereof, shall be fined not less than
twenty-five dollars and not more than fifty dollars for each offense.

An. Code, sec. 396. 1904, sec. 355. 1904, ch. 110, sec. 3.

441. Any passenger traveling on any steamboat plying in the" waters
within the jurisdiction of this State who shall wilfully refuse to occupy
the location, whether of sitting, sleeping or eating, set apart-or assigned
by the captain, purser or other officer in command of such boat, shall be
deemed guilty of a misdemeanor, and on indictment in any court having
jurisdiction, and conviction thereof, shall be fined not less than five dol-
lars nor more than fifty dollars, or be confined in jail not less than thirty
days, in the discretion of the court, for each offense; and such passenger
may be ejected from the said boat by the officers thereof at any wharf or
landing place of said boat, and, if necessary, such assistance may be in-
voked by the person in charge of said boat as he may require to eject such
passenger; and provided, that in case of such ejectment neither the cap-
tain nor other person in charge of such boat, nor the steamboat company
or corporation or person owning or operating such boat shall be liable in
damages in any court.

An. Code, sec. 397. 1908, ch. 617.

442. It shall be the duty of every person, firm or corporation owning
and operating steamboats on the Chesapeake Bay, between the city of
Baltimore and points on said bay or its tributaries, to provide separate
toilet or retiring rooms, and separate sleeping cabins on their respective
steamboats, on or before the first day of July, in the year nineteen hun-
dred and eight, for white and colored passengers, under a penalty of a fine
of fifty dollars for each and every day said steamboats may be operated
upon the waters aforesaid in violation of this section, and the provisions
of the four preceding sections shall apply in the assigning of passengers
to the use of the toilet, or retiring rooms, and the sleeping quarters set
apart for the respective white and colored passengers.