[CHAPTER 821-3D SESSION] [H. J. Res. 723] JOINT RESOLUTION To an end H. R. 10672, Seventy-fifth Congress, third session, entitled "An Act to amend section 4197 of the Revised Statutes, as amended (U. S. C., 1934 edition, title 46, sec. 91), and section 4200 of the Revised Statutes (U. S. C., 1934 edition, title 46, sec. 92), and for other purposes", so as to correct a typographical error. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of H. R. 10672, Seventy-fifth Congress, third session, entitled "An Act to amend section 4197 of the Revised Statutes, as amended (U. S. C., 1934 edition, title 46, sec. 91), and section 4200 of the Revised Statutes (U. S. C., 1934 edition, title 46, sec. 92), and for other purposes", be amended by striking out the first period in the proviso in said section, and by changing the capital "U" in the word "upon" to a small "u", so that the said proviso will read as follows: "Provided, That in order that the commerce of the United States may move with expedition and without undue delay, the Secretary of Commerce is hereby authorized to make regulations permitting the clearance of a vessel having on board cargo destined to a foreign port or to a port in noncontiguous territory belonging to the United States, before delivery to the collector of customs of shippers' manifests or export declarations of the cargo laden on board, upon receipt by the collector of a bond with security approved by him in the penal sum of $1,000, conditioned that the complete shippers' manifests or export declarations of all cargo laden aboard such vessel shall be filed with him not later than the fourth business day after the clearance of the vessel. In the event that all of the shippers' manifests or export declarations are not filed as required by the provisions of this section and the regulations made by the Secretary of Commerce in pursuance hereof, then a penalty of $50 for each day's delinquency beyond the allowed period of four days for filing all of the shippers' manifests or export declarations shall be exacted, and if all of the shippers' manifests or export declarations are not filed within the three days following the four-day period, then for each succeeding day of delinquency, a penalty of $100 shall be exacted. Suit may be instituted in the name of the United States against the principal and surety on the bond for the recovery of any penalties that may accrue and be exacted in accordance with the terms of the bond." Approved, June 29, 1938. [CHAPTER 26-1ST SESSION] AN ACT To exempt all vessels of the United States of less than two hundred tons gross registered tonnage from the provisions of the Officers' Competency Certificates Convention, 1936 (being International Labor Conference Treaty, Convention Numbered 53, adopted by the International Labor Conference at Geneva in 1936). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That pursuant to the authority granted in the second clause of Article One of the Officers' Competency Certificates Convention, 1936, ratified by the President of the United States on September 1, 1938, by and with the advice and consent of the Senate of the United States, given June 13, 1938 (being International Labor Conference Treaty, Draft Convention, Numbered 53, adopted by the International Labor Conference at Geneva in 1936), vessels of the United States of less than two hundred tons gross registered tonnage are hereby exempted from the provisions of such convention: Provided, however, That neither the ratification of the said convention by the President of the United States, nor the advice and consent of the United States Senate given thereto, nor any provision of the said convention as ratified, nor any provision of this Act shall be deemed to alter, amend, or repeal any statute of the United States existing at the time of said ratification, or thereafter enacted, with regard to any such vessel of less than two hundred tons gross registered tonnage. Approved, March 29, 1939. [CHAPTER 151-1ST SESSION] [S. 1583] AN ACT To amend the Act of March 2, 1929 (45 Stat. 1492), entitled "An Act to establish load lines for American vessels, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of March 2, 1929 (45 Stat. 1492; U. S. C., 1934 edition, title 46, sec. 85), entitled "An Act to establish load lines for American vessels, and for other purposes", is amended to read as follows: "Load lines are hereby established for the following vessels: "(a) Merchant vessels of one hundred and fifty gross tons or over, loading at or proceeding to sea from any port or place within the United States or its possessions for a foreign voyage by sea, the Great Lakes excepted. "(b) Merchant vessels of the United States of one hundred and fifty gross tons or over, loading at or proceeding_to_sea from any foreign port or place for a voyage by sea, the Great Lakes excepted. "(c) This Act shall not apply to merchant vessels that are being towed and which are carrying neither cargo nor passengers." SEC. 2. That section 8 (c) of the Act of March 2, 1929 (45 Stat. 1494; U. S. C., 1934 edition, title 46, sec. 85g (c)), is amended to read as follows: "If any person shall knowingly permit or cause or attempt to cause any vessel subject to this Act and to the regulations established thereunder to depart, or if, being the owner, manager, agent, or master of such vessel, he shall fail to take reasonable care to prevent her from departing from her loading port or place when loading in violation of section 4, or if any person shall knowingly permit or cause or attempt to cause a foreign vessel exempted pursuant to section 5 to depart, or if, being the owner, manager, agent, or master of such vessel, he shall fail to take reasonable care to prevent her from departing from her loading port or place when loaded more deeply than permitted by the laws and regulations of the country to which she belongs, he shall, in respect of each offense, be liable to the United States in a penalty of $500. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed under this paragraph." Approved, May 26, 1939. [CHAPTER 158-1ST SESSION] AN ACT To amend section 10 (b), (c), and (d) of the Act of June 26, 1884, as amended (U. S. C., 1934 edition, title 46, sec. 599), relative to the allotment of wages by seamen. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsections (b), (c), and (d) of section 10 of the Act of June 26, 1884, as amended (U. S. C., 1934 edition, title 46, sec. 599), are amended to read as follows: "(b) That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages he may earn to his grandparents, parents, wife, sister, or children, or for deposits to be made in an account opened by him and maintained in his name either at a savings bank or a United States postal savings depository subject to the governing regulations thereof. (c) That no allotment shall be valid unless in writing and signed by and approved by the shipping commissioner. It shall be the duty of the said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allotment of any part of the wages of a seaman during his absence which are made at the commencement of the voyage shall be inserted in the agreement and shall state the amounts and times of the payments to be made and the persons to whom the payments are to be made, or by directing the payments to be made to a savings bank or a United States postal savings depository in an account maintained in his name. "(d) No allotment except as provided in this section shall be legal. Any person who shall falsely claim to be such relation, as above described, or to be a savings bank or a United States postal savings depository and as such an allottee of the seaman under this section shall for every such offense be punished by a fine not exceeding $500 or imprisonment not exceeding six months, at the discretion of the court." Approved, May 31, 1939. [CHAPTER 159-1ST SESSION] [H. R. 1782] AN ACT To amend section 4335 of the Revised Statutes of the United States, relative to change of masters of vessels. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4335 of the Revised Statutes (U. S. C., 1934 edition, title 46, sec. 276) is hereby amended to read as follows: "(a) Whenever the master of any licensed vessel, ferryboats excepted, is changed, the new master, or, in case of his absence, the owner or one of the owners thereof, shall report such change to the collector residing at the port where the same happens, if there be one; otherwise, to the collector residing at any port where such vessel next arrives, who, upon the oath of such new master, or, in case of his absence, of the owner, that such master is a citizen of the United States, and that such vessel shall not, while such license continues in force, be employed in any manner whereby the revenue of the United States may be defrauded, shall endorse such change on the license, with the name of the new master. Whenever such change is not reported, and endorsed, as herein required, such vessel, if found carrying on the coasting trade or fisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States having a register, and the new master shall be liable to a penalty of $10: Provided, That the Secretary of Commerce may authorize the endorsement of not more than two alternate masters in addition to the one already endorsed on the license, whenever in his judgment the condition of employment of the vessel warrants such action: Provided further, That in the case of vessels navigated within the limits of the harbor of any town or city, the name of the owner or some responsible person acting for the owner who otherwise meets all requirements of the laws of the United States with regard to masters, may be endorsed on the license of such vessel, although not actually employed thereon, in accordance with rules and regulations prescribed by the Secretary of Commerce: And provided further, That in the case of unrigged vessels which are not required by law to have on board a certificate of inspection, the name of the owner or any responsible person acting for the owner who otherwise meets all requirements of the laws of the United States with regard to masters, may be endorsed on the license of such unrigged vessel although not actually employed on board the vessel. "(b) In the case of those vessels on the licenses of which there are endorsed the names of more than one master, the master actually in charge of the vessel shall assume all of the duties and responsibilities imposed by any statute upon masters of vessels, and incur the liabilities provided by any law against masters of vessels during any period in which he is in charge of the vessel. "(c) The term 'unrigged vessel' as used herein, means any vessel that is not self-propelled." Approved, May 31, 1939. |