Imágenes de páginas
PDF
EPUB

securing the deportation from the United States of any person who, under the laws of the United States, shall be subject to deportation. Load Lines for Vessels Making Foreign Sea Voyages.

VESSELS AFFECTED

(Mar. 2, 1929, sec. 1; 45 Stat. 1492; 46 U. S. C. 85.) 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 at 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. (May 26, 1939.)

REGULATIONS; DETERMINATION OF LOAD LINES

(Mar. 2, 1929, sec. 2; 45 Stat. 1493; 46 U. S. C. 85a.) The Secretary of Commerce is hereby authorized and directed in respect of the vessels defined in section 1 (a) and (b) to establish by regulations from time to time the load water lines and marks thereof indicating the maximum depth to which such vessels may safely be loaded and in establishing such load lines due consideration shall be given to, and differentials made for, the various types and character of vessels and the trades in which they are engaged: Provided, That no load line shall be established or marked on any vessel, which load line, in the judgment of the Secretary of Commerce, is above the actual line of safety. Such regulations shall have the force of law.

MARKING LOAD LINES ON VESSELS; CERTIFICATES

(Mar. 2, 1929, sec. 3; 45 Stat. 1493; 46 U. S. C. 85b.) It shall be the duty of the owner and of the master of every vessel subject to this act and to the regulations established thereunder to cause the load line or lines so established to be permanently and conspicuously marked upon the vessel in such manner as the Secretary of Commerce shall direct, and to keep the same so marked. The Secretary of Commerce shall appoint the American Bureau of Shipping, or such other American corporation or association for the survey or registry of shipping as may be selected by him, to determine whether the position and manner of marking on such vessels the load line or lines so established are in accordance with the provisions of this act and of the regulations established thereunder: Provided, however, That, at the request of the shipowner, the Secretary of Commerce may appoint, for the purpose aforesaid, any other corporation or association for the survey or registry of shipping which the Secretary of Commerce may approve; or the Secretary of Commerce may appoint for said purpose any officer of the Government, who shail perform such services as may be directed by the Secretary of Com

536976°-43- -7

merce. The Secretary of Commerce may, in his discretion, revoke any appointment made pursuant to this section. Such corporation, association, or officer shall, upon approving the position and manner of marking of such load line or lines, issue a certificate, in a form to be prescribed by the Secretary of Commerce, that the same are in accordance with the provisions of this act and of the regulations established thereunder, and shall deliver a copy thereof to the master of the vessel. It shall be unlawful for any vessel subject to this act and to said regulations to depart from any port or place designated in section (1) without bearing such mark or marks, approved and certified by such corporation, association, or officer, and without having on board a copy of said certificate.

LOAD LINES NOT TO BE SUBMERGED

(Mar. 2, 1929; sec. 4; 45 Stat. 1493; 46 U. S. C. 85c.) It shall be unlawful for any vessel subject to this act and to the regulations established thereunder to be so loaded as to submerge, in sea water, the load line or lines marked pursuant to this act and to the regulations established thereunder applicable to her voyage; or so as to submerge under like conditions the point where such load line or lines ought to be marked pursuant to the provisions of this act and of the regulations established thereunder; or so as in any manner to violate the said regulations.

APPLICABILITY TO FOREIGN VESSELS

(Mar. 2, 1929, sec. 5; 45 Stat. 1493; 46 U. S. C. 85d.) Whenever the Secretary of Commerce shall certify that the laws and regulations in force in any foreign country relating to load lines are equally effective with the regulations established under this act, the Secretary of Commerce may direct, on proof that a vessel of that country has complied with such foreign laws and regulations, that such vessel and her master and owner shall be exempted from compliance with the provisions of this act, except as hereinafter provided: Provided, That this section shall not apply to the vessels of any foreign country which does not similarly recognize the load lines established under this act and the regulations made thereunder.

RECORDING OF LOAD LINES AND ACTUAL DRAFTS

(Mar. 2, 1929, sec. 6; 45 Stat. 1494; 46 U. S. C. 85e.) It shall be the duty of the master of every vessel subject to this act and to the regulations established thereunder and of every foreign vessel exempted pursuant to section 5, before departing from her loading port or place for a voyage by sea, to enter in the official log book of such vessel a statement of the position of the load-line mark applicable to the voyage in question and the actual drafts forward and aft at the time of departing from port as nearly as the same can be ascertained.

DETENTION OF VESSELS

(Mar. 2, 1929, sec. 7; 45 Stat. 1494; 46 U. S. C. 85f.) If any collector of customs has reason to believe, on complaint or otherwise,

[ocr errors]

that a vessel subject to this act and to the regulations established thereunder is about to proceed to sea from a port in the United States or its possessions within his district when loaded in violation of section 4, or that any vessel exempted pursuant to section 5 is about to proceed to sea from such port when loaded in violation of the laws and regulations of her country with respect to load line, he may by written order served on the master or officer in charge of such vessel detain her provisionally for the purpose of being surveyed. The collector shall then serve on the master a written statement of the grounds of her detention and shall appoint three disinterested surveyors to examine the vessel and her loading and to report to him, whereupon the said collector may release or may by written order served on the master or officer in charge of such vessel detain the vessel until she has been reloaded in whole or in part so as to conform to section 4; or, in case of a vessel exempted pursuant to section 5, so as to conform to the laws and regulations of her own country with respect to load line. If the vessel be ordered detained, the master may, within five days, appeal to the Secretary of Commerce, who may, if he desires, order a further survey, and may affirm, set aside, or modify the order of the collector. Clearance shall be refused to any vessel which shall have been ordered detained.

PENALTIES FOR VIOLATIONS; SEIZURE OF VESSELS

(Mar. 2, 1929, sec. 8; 45 Stat. 1494; 46 U. S. C. 85g.) (a) If the owner or master of any vessel subject to this act and to the regulations established thereunder shall permit her to depart from her loading port or place without having complied with the provisions of section 3, he shall for each offense be liable to the United States in a penalty of $500. If the owner or master of any vessel exempted pursuant to section 5 shall permit her to depart from her loading port or place without having the load line or lines required by the laws and regulations of the country to which she belongs marked upon her as required by said laws and regulations, he shall for 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, or discontinue prosecution therefor on such terms as he may deem proper.

(b) If the master of any vessel subject to this act and to the regulations established thereunder, or of any foreign vessel exempted pursuant to section 5, shall fail, before departing from her loading port or place, to enter in the official log book of such vessel the statement required by section 6, he shall for each offense be liable to the United States in a penalty of $100. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed under this paragraph.

(c) 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.

(d) If the master of any vessel or any other person shall knowingly permit or cause or attempt to cause any vessel to depart from any port or place in the United States or its possessions in violation of any order of detention made pursuant to section 7, he shall, in respect of each offense, be guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed three months, or both such fine and imprisonment, in the discretion of the court.

(e) If any person shall conceal, remove, alter, deface, or obliterate or shall suffer any person under his control to conceal, remove, alter, deface, or obliterate any mark or marks placed on a vessel pursuant to this act or to the regulations established thereunder, except in the event of lawful change of said marks, or to prevent, capture by an enemy, he shall in respect of each offense be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000, or by imprisonment not to exceed one year, or both such fine and imprisonment, in the discretion of the court.

(f) Whenever the owner, manager, agent, or master of a vessel shall become subject to a fine or penalty by way of money payment pursuant to the provisions of this act, the vessel shall also be liable therefor and may be seized and proceeded against in the district court of the United States in any district in which such vessel may be found. (May 26, 1939.)

Load Lines for Vessels Engaged in Coastwise or Great Lakes Trade.

VESSELS AFFECTED

(Aug. 27, 1935, sec. 1; 49 Stat. 888; 46 U. S. C. 88.) Load lines are hereby established for 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 coastwise voyage by sea. By "coastwise voyage by sea" is meant a voyage on which a vessel in the usual course of her employment proceeds from one port or place in the United States or her possessions to another port or place in the United States or her possessions and passes outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895 (33 U. S. C. 151).

REGULATIONS; DETERMINATION OF LOAD LINES

(Aug. 27, 1935, sec. 2; 49 Stat. 888; 46 U. S. C. 88a.) The Secretary of Commerce is hereby authorized and directed in respect of the vessels defined above to establish by regulations from time to time the loadwater lines and marks thereof indicating the maximum depth of which such vessels may safely be loaded and in establishing such load lines due consideration shall be given to, and differentials made for, the various types and character of vessels and the trades in which they are engaged. In establishing load-water lines on passenger vessels due

consideration shall be given to, and differentials shall be made for, the age and the condition of the vessel, its subdivision and efficacy thereof, and the probable stability of the vessel if damaged: Provided, That the load-line provisions of this Act shall apply to the Great Lakes and that no load line shall be established or marked on any vessel which load line gives a lesser freeboard and less buoyance than the load line established by the International Treaty on Load Lines of 1930, and that the regulations established under this proviso shall have the force of law: Provided further, That in applying the load lines to vessels on the Great Lakes and to steam colliers, tugs, barges, and self-propelled barges engaged in special services on interisland voyages and on coastwise voyages from port to port in the continental United States the Secretary of Commerce is vested with discretion to vary the load-line marks from those established by said treaty when in his opinion the changes made by him will not be above the actual line of safety: Provided, however, That during the national emergency proclaimed by the President on May 27, 1941, to exist, but not after June 30, 1943, load lines may be established or marked on any vessel (except a passenger vessel) while engaged on a coastwise voyage by sea from port to port in the continental United States, which load line gives a lesser freeboard and less buoyance than the load line established by the International Treaty on Load Lines of 1930, when, in the opinion of the Secretary of Commerce, such load line will not be above the actual line of safety. (June 20, 1936, July 3, 1941.)

MARKING LOAD LINES ON VESSELS; CERTIFICATES

(Aug. 27, 1935, sec 3; 49 Stat. 888; 46 U. S. C. 886.) It shall be the duty of the owner and of the master of every vessel subject to this Act and to the regulations established thereunder to cause the load line or lines so established to be permanently and conspicuously marked upon the vessel in such manner as the Secretary of Commerce shall direct, and to keep the same so marked. The Secretary of Commerce shall appoint the American Bureau of Shipping, or such other American corporation or association for the survey or registry of shipping as may be selected by him, to determine whether the position and manner of marking on such vessels the load line or lines so established are in accordance with the provisions of this Act and of the regulations established thereunder: Provided, however, That, at the request of the shipowner, the Secretary of Commerce may appoint, for the purpose aforesaid, any other corporation or association for the survey or registry of shipping which the Secretary of Commerce may approve; or the Secretary of Commerce may appoint for said purpose any officer of the Government, who shall perform such services as may be directed by the Secretary of Commerce. The Secretary of Commerce may, in his discretion, revoke any appointment made pursuant to this section. Such corporation, association, or officer shall, upon approving the position and manner of marking of such load line or lines, issue a certificate, in a form to be prescribed by the Secretary of Commerce, that the same are in accordance with the provisions of this Act and of the regulations established thereunder, and shall deliver a copy thereof to the master of the vessel. It shall be unlawful for any vessel subject to this act and to said regulations to depart from any port or place designated in section

« AnteriorContinuar »