or the Coast Guard used by or in connection with civilian nautical schools.

Reinspections and Notices of Repairs.

(R. S. 4453-46 U. S. C. 435.) In addition to the annual inspection, the local inspectors shall examine, at proper times, steamers arriving and departing to and from their respective ports, so often as to enable them to detect any neglect to comply with the requirements of law, and also any defects or imperfections becoming apparent after the inspection aforesaid, and tending to render the navigation of the vessels unsafe; and if they shall discover any omission to comply with the law, or that repairs have become necessary to make the vessel safe, the inspectors shall at once notify the master, in writing, stating in the notice what is required; and if the master deems the requirements unreasonable or unnecessary, he may apply for a reexamination of the case to the supervising inspector. All inspections and orders for repairs shall be promptly made by the inspectors, and when it can be safely done in their judgment, they shall permit repairs to be made where those interested can most conveniently do them. And whenever any local inspector or supervising inspector ascertains to his satisfaction that any vessel, subject to the provisions of this Title, has been or is being navigated or operated without complying with the terms of the vessel's certificate of inspection regarding the number and class of licensed officers and crew, or without complying with the provisions of law and her said certificate as to the number or kind of life-saving or fire-fighting apparatus, or without maintaining in good and efficient condition her lifeboats, fire pumps, fire hose, and life preservers, or that for any other reason said vessel cannot be operated with safety to life, the said local or supervising inspector shall order the owner or master of said vessel to correct such unlawful conditions, and may require that the vessel at once. cease navigating and be submitted to reinspection; and in case the said orders of such inspector shall not at once be complied with, the said inspector shall revoke the said vessel's certificate of inspection and shall immediately give to the owner, master, or agent of said vessel notice, in writing, of such revocation; and no new certificate of inspection shall be again issued to her until the provisions of this Title [R. S. 4399-4500] have been complied with. Any vessel subject to the provisions of this Title [R. S. 4399-4500] operating or navigating or attempting to operate or navigate after the revocation of her certificate of inspection and before the issuance of a new certificate, shall, upon application by the inspector to any district court of the United States having jurisdiction, and by proper order or action of said court in the premises, be seized summarily by way of libel and held without privilege of release by bail or bond until a proper certificate of inspection shall have been issued to said vessel: Provided, That the master or owner of any vessel whose certificate shall have been so revoked may within thirty days after receiving notice of such revocation appeal to the Secretary of Commerce for a reexamination of the case, and upon such appeal the said Secretary shall have power to revise, modify, or set aside such action of the local or supervising inspector, and direct the issuance to such vessel of her original certificate or of a new certificate of inspection; and in case the said Secretary shall so direct the issuance of a certificate,

all judicial process against said vessel based on this section shall thereupon be of no further force or effect, and the vessel shall thereupon be released. (Mar. 3, 1905, sec. 2; Mar. 4, 1913, sec. 1.)

Penalty for Noncompliance With Inspection Requirements.

(R. S. 4454-46 U. S. C. 436.) If any master or owner of any steamer shall refuse or neglect to comply with the requirements of the local inspectors, made in pursuance of the preceding section (R. S. 4453; 46 U. S. C. 435) and shall, contrary thereto and while the same remains unreversed by the supervising inspector, employ the vessel by navigating her, the master and owner shall be liable to a penalty of $500 for each offense, one-half for the use of the informer; for which sum the vessel itself shall be liable, and may be seized and proceeded against by libel in any district court having jurisdiction; and the master and owner, and the vessel itself, shall, in addition thereto, be liable for any damage to passengers and their baggage, which shall occur from any defects as stated in the notice prescribed in preceding section.

Motorboat Act of Apr. 25, 1940.

"MOTORBOAT" DEFINED; INSPECTION

(Apr. 25, 1940, sec. 1; 54 Stat. 163; 46 U. S. J. 526.) The word "motorboat" where used in this Act shall include every vessel propelled by machinery and not more than sixty-five feet in length except tugboats and towboats propelled by steam. The length shall be measured from end to end over the deck excluding sheer: Provided, That the engine, boiler, or other operating machinery shall be subject to inspection by the local inspectors of steam vessels, and to their approval of the design thereof, on all said motorboats, which are more than forty feet in length, and which are propelled by machinery driven by steam.

CLASSES OF MOTORBOATS

(Apr. 25, 1940, sec. 2; 54 Stat. 163; 46 U. S. C. 526a.) Motorboats subject to the provisions of this Act shall be divided into four classes as follows:

Class A. Less than sixteen feet in length.

Class 1. Sixteen feet or over and less than twenty-six feet in length. Class 2. Twenty-six feet or over and less than forty feet in length. Class 3. Forty feet or over and not more than sixty-five feet in length.

LIGHTS

(Apr. 25, 1940, sec. 3; 54 Stat. 164; 46 U. S. C. 526b.) Every motorboat in all weathers from sunset to sunrise shall carry and exhibit the following lights when under way, and during such time no other lights which may be mistaken for those prescribed shall be exhibited:

(a) Every motorboat of classes A and 1 shall carry the following lights:

First. A bright white light aft to show all around the horizon. Second. A combined lantern in the fore part of the vessel and lower than the white light aft, showing green to starboard and red to port,

so fixed as to throw the light from right ahead to two points abaft the beam on their respective sides.

(b) Every motorboat of classes 2 and 3 shall carry the following lights:

First. A bright white light in the fore part of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel; namely, from right ahead to two points abaft the beam on either side.

Second. A bright white light aft to show all around the horizon and higher than the white light forward.

Third. On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The said side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

(c) Motorboats of classes 2 and 3, when propelled by sail and machinery, or by sail alone, shall carry the colored side lights, suitably screened, but not the white lights prescribed by this section: Provided, however, That motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision: Provided further, That motorboats of classes A and 1, when so propelled, shall not be required to carry the combined lantern prescribed by subsection (a) of this section.

(d) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word "visible" in this Act, when applied to lights, shall mean visible on a dark night with clear atmosphere.

WHISTLES

(Apr. 25, 1940, sec. 4; 54 Stat. 164; 46 U. S. C. 526c.) Every motorboat of class 1, 2, or 3, shall be provided with an efficient whistle or other sound-producing mechanical appliance.

BELLS

Apr. 25, 1940, sec. 5; 54 Stat. 164; 46 U. S. C. 526d.) Every motorboat of class 2 or 3 shall be provided with an efficient bell.

LIFESAVING APPLIANCES

(Apr. 25, 1940, sec. 6; 54 Stat. 164; 46 U. S. C. 526e.) Every motorboat subject to any of the provisions of this Act and also all vessels propelled by machinery other than by steam more than sixtyfive feet in length shall carry at least one life preserver, or life belt, or ring buoy, or other device of the sort prescribed by the regulations of the board of supervising inspectors with the approval of the Secre

tary of Commerce, for each person on board, so placed as to be readily accessible: Provided, That every such motorboat and every such vessel propelled by machinery other than by steam more than sixty-five feet in length carrying passengers for hire shall carry, so placed as to be readily accessible, at least one life preserver of the sort prescribed by the regulations of the board of supervising inspectors with the approval of the Secretary of Commerce, for each person on board.

LICENSED OPERATOR-PASSENGER MOTORBOAT

(Apr. 25, 1940, sec. 7; 54 Stat. 165; 46 U. S. C. 526f.) No such motorboat, while carrying passengers for hire, shall be operated or navigated except in charge of a person duly licensed for such service by a local board of inspectors. Whenever any person applies to be licensed as cperator of any motorboat carrying passengers for hire, the inspectors shall make diligent inquiry as to his character, and shall carefully examine the applicant orally as well as the proofs which he presents in support of his claim, and if they are satisfied that his capacity, experience, habits of life, and character are such as to warrant the belief that he can safely be entrusted with the duties and responsibilities of the station for which he makes application, they shall grant him a license authorizing him to discharge such duties on any such motorboat carrying passengers for hire for the term of five years. Such license shall be subject to suspension or revocation on the same grounds and in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of section 4450 of the Revised Statutes, as amended (46 U. S. C. 239): Provided, That motorboats shall not be required to carry licensed officers except as required in this Act: And provided further, That licenses herein prescribed shall not be required of motorboats engaged in fishing contests previously arranged and announced.

FIRE EXTINGUISHERS

(Apr. 25, 1940, sec. 8; 54 Stat. 165; 46 U. S. C. 526g.) Every motorboat and also every vessel propelled by machinery other than by steam more than sixty-five feet in length shall be provided with such number, size, and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the board of supervising inspectors, with the approval of the Secretary of Commerce, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

EXEMPTIONS FOR OUTBOARD RACING MOTCRBOATS

(Apr. 25, 1940, sec. 9; 54 Stat. 165; 46 U. S. C. 526h.) The provisions of sections 4, 5, and 8 of this Act shall not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

FLAME ARRESTORS

(Apr. 25, 1940, sec. 10; 54 Stat. 165; 46 U. S. C. 526i.) Every motorboat and also every vessel propelled by machinery other than by steam more than sixty-five feet in length shall have the carburetor or carburetors of every engine therein (except outboard motors) using gasoline or fuel, equipped with such efficient flame arrestor, backfire trap, or other similar device as may be prescribed by the regulations of the board of supervising inspectors with the approval of the Secretary of Commerce: Provided, That this section shall apply only to such motorboats or vessels, the construction of which or the replacement of the engine or engines of which is commenced subsequent to the passage of this Act.

VENTILATION OF BILGES

(Apr. 25, 1940, sec. 11; 54 Stat. 165; 46 U. S. C. 526j.) Every such motorboat and every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by regulations of the board of supervising inspectors with the approval of the Secretary of Commerce for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases: Provided, That this section shall apply only to such motorboats or vessels, the construction or decking over of which is commenced subsequent to the passage of this Act.

PILOT RULES NOT REQUIRED

(Apr. 25, 1940, sec. 12; 54 Stat. 166; 46 U. S. C. 526k.) Motorboats shall not be required to carry on board copies of the pilot rules.

NEGLIGENT OPERATION

(Apr. 25, 1940, sec. 13; 54 Stat. 166; 46 U. S. C. 5261.) No person shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

PENALTY FOR NEGLIGENT OPERATION

(Apr. 25, 1940, sec. 14; 54 Stat. 166; 46 U. S. C. 526m.) Any person who shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person shall be deemed guilty of a misdemeanor and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $2,000, or by imprisonment for a term of not exceeding one year, or by both such fine and imprisonment, at the discretion of the court.

AUTHORITY TO ARREST FOR NEGLIGENT OPERATION

(Apr. 25, 1940, sec. 15; 54 Stat. 166; 46 U. S. C. 526n.) Any officer of the United States authorized to enforce the navigation laws of the United States, shall have power and authority to swear out process and to arrest and take into custody, with or without process, any