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Sec. 6.

rates be filed with the Board.

That the President shall have power to determine, pre- President may scribe, and enforce reasonable freight rates and the terms prescribe freight and conditions of affreightment which shall govern the rates. transportation of goods on vessels of the United States, which shall be filed with the United States Shipping Freight Board and open to public inspection. It shall be unlaw- must ful to charge or collect any compensation for the transportation of goods on any such vessel, or to enforce or attempt to enforce any terms or conditions of affreightment, or to make or receive any payment or do any act with respect to such transportation, not in accordance. with the rates, terms, and conditions so prescribed, anything in contract, whether heretofore or hereafter made, to the contrary notwithstanding.

Sec. 7.
Priority

in

transportation

and service.

That the President shall have power to prescribe the Sit order of priority in which goods shall be carried or other services performed by any vessel of the United States and to specify goods which shall be carried or to direct the Voyage or em

sels.

age, storage,

voyage or employment of any such vessel and to make ployment of ves such rules, regulations, and orders, with respect to any such vessel relating to the loading, discharging, lighter- Handling of age, or storage of goods, or the procurement of bunker freight, lighterfuel, or any other matter relating to the receiving, han- bunkering, etc. dling, transporting, storing, or delivering of goods, as may in his judgment be necessary and proper for the efficient utilization of transportation facilities and the effective conduct of the war.

Extension to

chartered by citizens of United

That the President may by proclamation extend the Sec. 8. provisions of sections five, six, and seven, or any of foreign vessels them, to any vessel of foreign nationality under charter. to a citizen of the United States or other person subject States. to the jurisdiction thereof.

ils.

Protection

Exclusion of

That the President shall have power to make such Sec. 9; rules, regulations, and orders regarding voyages, courses, against war perthe use of protective devices, and any other matters affecting the navigation, equipment, fueling, painting, or arming of vessels of the United States as may, in his judgment, be conducive to the protection of such vessels from submarines, mines, or other war perils, any expense so incurred to be allowed for in determining freight and charter rates under this act. If in his vessels from judgment any vessel or class of vessels on account of danger zone. size, speed, structure, method of propulsion, or for any other reason is unfit for service in any waters which he may declare to be a danger zone, he may, by order, exclude such vessel or vessels from such danger zone. It shall be unlawful to violate any order, rule, or regulation made under this section. Rules, regulations, or orders issued under this section may, in the discretion of the President, be issued confidentially, in which event they shall be binding only on such persons as have notice thereof.

Orders may be confidential.

Sec. 10.

Approval of

chartered to citi

States.

conditions not so

After

That the President may by proclamation require that foreign vessels no citizen of the United States, or other person subject zens of United to the jurisdiction thereof, shall charter any vessel of foreign nationality unless the instrument in which such charter is embodied and the rates, terms, and conditions Charters and thereof are first approved by the President. approved unlaw- the making of such proclamation it shall be unlawful for any such citizen or person to make any charter of any such vessel, or comply with or perform any of the rates, terms, or conditions of any charter thereof, or to operate any such vessel under any charter, without first obtaining the approval thereof by the President.

ful.

Unauthorized

changes, etc.,

Whenever any such charter is approved it shall be unprohibited. lawful, without the approval of the President first obtained, to make any alterations in such charter or additions thereto or deletions therefrom, or to make or receive any payment or do any act with respect to such vessel, except in accordance with such charter.

Sec. 11.
President may

porary possession or services vessels.

That the President shall have power to requisition for requisition tem- military purposes, or for any other national purpose conof nected with or arising out of the present war, temporary possession of any vessel, or, without taking actual possession, to requisition the services of any vessel and to require the person entitled to the possession thereof to issue to the master such instructions as may be necessary to place the vessel at the service of the United States.

Requisition charter to be submitted.

Compensation if charters accepted.

Upon requisitioning such possession or services, or as soon thereafter as the exigencies of the situation may permit, the President shall transmit to the person entitled to the possession of such vessel a charter setting forth the terms which, in his judgment, should govern the relations between the United States and such persons and a statement of the rental or rate of hire which, in his judgment, will be just compensation for the use of such vessel and for the services required under the terms of not such charter. If such person does not execute and deliver such charter and accept such rental or rate of hire, the President shall pay to such person a sum equal to seventy-five per centum of such rental or rate of hire as the same may from time to time be due under the terms of the charter, and such person shall be entitled to sue the United States to recover such further sum as added to such seventy-five per centum will make up such amount as will be just compensation for the use of the vessel and Compensation for the services required. In the event of loss of or damage to such vessel, due to the operation of a risk. assumed by the United States under the terms of such charter (in the event that no valuation of such vessel or mode of a compensation has been agreed to), the United States shall pay just compensation for such loss or damage, to be determined by the President; and if the amount so determined is not satisfactory to the person entitled to receive just compensation, the President shall

for loss of vessel.

pay to such person seventy-five per centum of the amount so determined, and such person shall be entitled to sue the United States to recover such further sum as added to such seventy-five per centum will make up such amount as will be just compensation.

Priority in use

wharves, termi

houses, etc.

rates for use of

ware

That the President shall have power to prescribe the Sec. 12. order of priority in which persons in possession of dry of dry docks, docks, wharves, lighterage systems, or loading or dis- nal facilities, charging terminal facilities in any port of the United lighterage, wareStates, or warehouses, equipment, or terminal railways connected therewith, shall serve vessels and shippers, and to determine, prescribe, and enforce the rates, terms, Regulation of and conditions charged or required for the furnishing dry docks, lightof such services, including stevedoring and handling of age, houses, terminal cargo, and the handling, dispatching, and bunkering of facilities, etc. vessels, and to make such rules and regulations with respect to the conduct of any such business as may be necessary and proper. It shall be unlawful to charge, collect, or claim any compensation, or to enforce or attempt to enforce any terms or conditions, or to make or receive any payment or do any act, with respect to any such service not in accordance with the rates, terms, and conditions so prescribed, any thing in any contract, whether heretofore or hereafter made, to the contrary notwithstanding.

Dry docks,

be leased

That the President shall have power to lease or re- Sec. 13. quisition the use or temporary possession of, or to assume terminal facilitemporary control of, any dry docks, wharves, or load-ties, etc., may ing or discharging terminal facilities, in any port of the requisitioned. United States, or warehouses, equipment, or terminal railways connected therewith.

or

Just compen

sation.

Whenever the President requisitions or assumes control of any such property, the United States shall pay just compensation therefor, to be determined by the President. If the amount so determined is not satisfactory to the person entitled to receive just compensation, the President shall pay to such person seventy-five per centum of the amount so determined and such person shall be entitled to sue the United States to recover unsatisfactory. such further sum as added to such seventy-five per centum will make up such amount as will be just compensation.

Suit if amount

session may

be

Whenever the President acquires by purchase, lease, Immediate posor requisition, or assumes control of any such property taken of properimmediate possession may be taken thereof to the extent ty requisitioned, purchased, or of the interest acquired therein, and such property may leased. R. S., sec. be immediately occupied and used without regard to 855. the provisions of section three hundred and fifty-five of the Revised Statutes.

Nothing in this section shall authorize the President State and muto requisition the title to any such property owned by exempt from any State, municipality, or subdivision thereof.

nicipal property requisition.

Sec. 14.

Suits to be brought in

Court of Claims.

etc.

Sec. 15.
Operation of

expended in car

That whenever by this act permission is given to sue the the United States such suit shall be brought in the manner provided in section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. That all vessels of which the possession or services are vessels, docks, requisitioned under this act, and all dry docks, wharves, loading or discharging terminal facilities, warehouses, equipment, or terminal railways, of which the President may acquire the title or possession or of which he may assume control under this act, may be operated and manProceeds to be aged as the President may from time to time direct. The rying out pur- net proceeds derived from any activity authorized in this pose of shipping act or the joint resolution of May twelfth, nineteen hundred and seventeen (Public Numbered Two), or the division entitled, "Emergency shipping fund" of the act of June fifteenth, nineteen hundred and seventeen (Public Numbered Twenty-three), shall be deposited in the Treasury in a separate and distinct fund and may be expended by the President in carrying out the purposes of this act, and within the limits of the amounts heretofore or hereafter authorized for the construction, requisitioning, or purchasing of vessels: Provided, That none of in the provisions of this act shall apply to vessels plying exclusively on the inland rivers and canals of the United States.

acts.

Proviso.

Inland navigation not cluded.

Sec. 16.
Penalties.

Proviso. Canal offenses.

Sec. 17.
Invalidity

any

mainder of act.

of

That whoever does or attempts to do anything in this act declared to be unlawful, or willfully violates any rule, regulation, or order issued under authority conferred herein, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both: Provided, That the district court of the Canal Zone shall have jurisdiction of offenses committed against the provisions of this act within the Canal Zone.

That if any provision of this act, or the application of provision such provisions to certain circumstances, is held unconrot to affect re-stitutional, the remainder of the act, and the application of such provision to circumstances other than those as to which it is held unconstitutional, shall not be affected thereby.

Approved, July 18, 1918.

INDEXES.

p. 615.]

Page.

INDEX TO THE SHIPPING ACT, 1916.

[A table of the laws included in this volume is given on p. 603, and an alphabetical index appears on

Accommodations, special agreement relative

Page.

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Of Board to be audited.

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Board may require filing of.

578

Vessels of Board to be available as..

570

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