seaman for the purpose of serving on seagoing barges who is nineteen years of age and upward, and who has had at least twelve months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas.

(Sept. 24, 1941; 55 Stat. 730; 46 U. S. C. 672.) Notwithstanding the provisions of section 13 (a) of the Act of March 4, 1915, as amended (46 U. S. C. 672 (a)), during the emergency declared by the President on May 27, 1941, to exist, but not after June 30, 1943, the Secretary of Commerce, with respect to any vessel or any group of vessels or any industry and upon a finding, after investigation, that qualified able seamen are not available in sufficient numbers to man such vessels as required by said section, may, in his discretion, allow seamen, examined and rated able seamen under said section after having served on deck twelve months at sea or on the Great Lakes, to compose not more than one-half of the number of able seamen required by such section to be shipped or employed upon any vessel, for such period or periods as he deems necessary and as he may by regulation or order prescribe.

Manning of Inspected Vessels.*

(R. S. 4463-46 U. S. C. 222.) No vessel of the United States subject to the provisions of this title or to the inspection laws of the United States shall be navigated unless she shall have in her service and on board such complement of licensed officers and crew including certificated lifeboatmen, separately stated, as may, in the judgment of the local inspectors who inspect the vessel, be necessary for her safe navigation. The local inspectors shall make in the certificate of inspection of the vessel an entry of such complement of officers and crew including certificated lifeboatmen, separately stated, which may be changed from time to time by indorsement on such certificate by local inspectors by reason of change of conditions or employment. Such entry or indorsement shall be subject to a right of appeal, under regulations to be made by the Secretary of Commerce, to the supervising inspector and from him to the Director of the Bureau of Marine Inspection and Navigation who shall have the power to revise, set aside, or affirm the said determination of the local inspectors.

If any such vessel deprived of the services of any number of the crew including certificated lifeboat men, separately stated, without the consent, fault, or collusion of the master, owner, or any person interested in the vessel, the vessel may proceed on her voyage if, in the judgment of the master, she is sufficiently manned for such voyage: Provided, That the master shall ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or of a higher rating with those whose places they fill. If the master shall fail to explain in writing the cause of such deficiency in the crew including certificated lifeboat men, separately stated, to the local inspectors within twelve hours of the time of the arrival of the vessel at her destination, he shall be liable to a penalty of $50. If the vessel shall not be manned as provided in this Act, the owner shall be liable to a penalty of $100, or in case of an insufficient number of licensed offi

An order dated April 8, 1943 (8 F. R. 4736), relaxed the statutory manning requirements under certain terms and conditions. See footnote 8 on p. 160.

cers to a penalty of $500. (Apr. 2, 1908, sec. 1; Mar. 3, 1913, sec. 1; Mar. 4, 1915, sec. 14; May 11, 1918, sec. 1; June 30, 1932, sec. 501; May 27, 1936, sec. 1.)

Undermanning.

(R. S. 4516—46 U. S. C. 569.) In case of desertion or casualty resulting in the loss of one or more of the seamen, the master must ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same or higher grade or rating with those whose places they fill, and report the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceding sections. (R. S. 4514, 4515; 464 U. §. C. 567, 568.) This section shall not apply to fishing or whaling vessels or yachts. (Dec. 21, 1898, sec. 1; Mar. 4, 1915, sec. 1.)

Minimum-Manning Scales, etc., on Subsidized Vessels.*

5

(June 29, 1936, sec. 301; 49 Stat. 1992; 46 U. S. C. 1131.) The Commission is authorized and directed to investigate the employment and wage conditions in oceangoing shipping and, after making such investigation and after appropriate hearings to incorporate in the contracts authorized under titles VI and VII of this Act minimum-manning scales and minimum-wage scales and minimum working conditions for all officers and crews employed on all types of vessels receiving an operating-differential subsidy. After such minimum manning and wage scales, and working conditions shall have been adopted by the Commission, no change shall be made therein by the Commission except upon public notice of the hearing to be had, and a hearing by the Commission 5 of all interested parties, under such rules as the Commission shall prescribe. The duly elected representatives of the organizations certified as the proper collective bargaining agencies shall have the right to represent the employees who are members of their organizations at any such hearings. Every contractor receiving an operating-differential subsidy shall post and keep posted in a conspicuous place on each such vessel operated by such contractor a printed copy of the minimum manning and wage scales, and working conditions prescribed by his contract and applicable to such vessel: Provided, however, That any increase in the operating expenses of the subsidized vessel occasioned by any change in the wage, manning scales, or working conditions as provided in this section shall be added to the operating-differential subsidy previously authorized for the vessel. (June 23, 1938, sec. 5.)

Certificate of Service as Able Seaman.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (b) Application may be made to any board of local inspectors for a certificate of service as able seaman, and upon proof being made to said board by affidavit and examination, under rules approved by the Secretary of Commerce, showing the nationality and age of the applicant, the vessel or vessels on which he has had service, that he is skilled in the work usually performed by able seamen, and that he is en

4 An order dated April 8, 1943 (8 F. R. 4736), relaxed the statutory manning requirements under certain terms and conditions. See footnote 8 on p. 160.

5 Under Executive Order No. 9054 (7 F. R. 837), the functions of the U. S. Maritime Commission under this Act were transferred to the War Shipping Administration.

titled to such certificate under the provisions of this section, the board of local inspectors shall issue to said applicant a certificate of service as able seaman, which shall be retained by him and be accepted as prima-facie evidence of his rating as an able seaman. (June 25, 1936, sec. 1.)

Record of Certificates of Service.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (c) Each board of local inspectors shall keep a complete record of all certificates of service issued by them and to whom issued and shall keep on file the affidavits and records of examinations upon which said certificates are issued. (June 25, 1936, sec. 1.)

Muster of Crew on Motion or Information.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (d) The collector of customs may, upon his own motion, and shall, upon the sworn information of any reputable citizen of the United States setting forth that this section is not being complied with, cause a muster of the crew of any vessel to be made to determine the fact, at which muster said reputable citizen must be present; and no clearance shall be given to any vessel failing to comply with the provisions of this section: Provided, That the collector of customs shall not be required to cause such muster of the crew to be made unless said sworn information has been filed with him for at least six hours before the vessel departs, or is scheduled to depart: Provided further, That any person that shall knowingly make a false affidavit for such purpose shall be deemed guilty of perjury and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or by both such fine and imprisonment, within the discretion. of the court. Any violation of any provision of this section by the owner, master, or officer in charge of the vessel shall subject the owner of such vessel to a penalty of not less than $100 and not more than $500: Provided further, That the Secretary of Commerce shall make such rules and regulations as may be necessary to carry out the provisions of this section, and nothing herein shall be held or construed to prevent the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, from making rules and regulations authorized by law as to vessels excluded from the operation of this section: And provided further, That no certificate of service as able seaman shall be issued by any board of local inspectors until after examination of the applicant therefor, under rules and regulations prescribed by the Secretary of Commerce, as to his efficiency, and upon proof, as a result of such examination, that he has been trained in and is acquainted with the duties entitling him to such rating. No seaman shall be considered an "able seaman" within the meaning of the laws of the United States relating to the manning of vessels unless he is in possession of such certificate issued by the board of local inspectors. All certificates as "able seaman" and "lifeboatman" issued by the several boards of local inspectors or other Federal officers prior to the passage of this act shall, within six months thereafter, be surrendered to such boards of local inspectors for cancelation, and there shall be issued in lieu thereof to all able seamen and lifeboatmen found qualified by such examination new certificates as required by law: Provided, That if due to inability on the part of the Department of Commerce

to carry out the provisions of this subsection with regard to all seamen, the Secretary of Commerce may, in his discretion, extend the time for a period not to exceed three months. Such new certificates shall be stamped with the seal of the board of local inspectors, placed partially over the signature of the applicant for such certificate; and there shall be attached thereto a photograph of the applicant. Any other safeguards which, in the judgment of the Secretary of Commerce, may be necessary and advisable to establish the authenticity of the certificate, are hereby authorized. (June 25, 1936.)

Certificate of Service as Qualified Member of Engine Department.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (e) No vessel to which this section applies may be navigated unless all of the complement in her engine department above the rating of coal passer or wiper and below the rating of licensed officer shall be holders of a certificate of service as a qualified member of the engine department. The local inspectors of the Bureau of Marine Inspection and Navigation shall, upon application and examination as to competence and physical condition, as prescribed by the Secretary of Commerce, issue such a certificate of service. An applicant for such rating shall produce to such inspectors definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by this act to have such certificated men or proof that he is a graduate of a school ship approved by and conducted under rules prescribed by the Secretary of Commerce. (June 25, 1936, sec. 1; May 22, 1937, sec. 1.)

Rules as to Certificates of Service or Efficiency.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (f) As to the certificates of service or efficiency, the Secretary shall promulgate rules covering the form, contents, and manner of issuance, which shall include a provision that copies of these and all documents pertaining thereto be filed in the local offices and in the central office in Washington. (June 25, 1936, sec. 1.)

Certificates of Service for Ratings Issued Without Examination.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (g) That the boards of local inspectors of the Bureau of Marine Inspection and Navigation shall, without examination (except food handlers who must be free from communicable disease), issue to all members of the crews of merchant vessels of the United States (except licensed officers), certificates of service for ratings other than as able seaman or a qualified member of the engine department, which certificates shall authorize them to serve in the capacities specified in such certificates: Provided, That such certificates shall not issue before oath has been taken before one of the said inspectors that the applicant therefor will faithfully and honestly perform all the duties required of him by law, and carry out the lawful orders of his superior officers on shipboard and, in the case of a radio operator, shall produce to the local inspectors his unexpired license issued by the Federal Communications Commission to act in that capacity: And provided further, That when a certificate has been revoked or suspended under the provisions of subsection (h) of this section, a new certificate shall not be issued until a board of local inspectors shall determine that

the issue of such new certificate is compatible with the requirements of good discipline and safety at sea. (June 25, 1936, sec. 1.)

Suspension or Revocation of Certificates.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (h) That all certificates of service or efficiency issued by the Bureau of Marine Inspection and Navigation 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 (46 U. S. C. 239). ̄ ̄ (June 25, 1936, sec. 1.) (See p. 203.) Penalty for Service Without Certificate.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (i) It shall be unlawful to employ any person, or for any person to serve aboard any merchant vessel of the United States, below the rating of licensed officer, who has not a certificate of service issued by a board of local inspectors, and anyone violating this section shall be liable to a penalty of $100 for each offense. (June 25, 1936, sec. 1.)

Present Freedom of Seaman Unimpaired.

(Mar. 4, 1915, sec. 13; 38 Stat. 1169; 46 U. S. C. 672.) (k) Nothing herein shall be construed to impose, sanction, or permit any condition of involuntary servitude nor to prevent any seaman from leaving the service of any vessel when in a safe harbor to the same extent and with like effect as under the provisions of existing law. (June 25, 1936.)

EXCEPTIONS TO ACT JUNE 25, 1936; UNRIGGED VESSELS, TUGS, AND

TOWBOATS

(June 16, 1938, sec. 1; 52 Stat. 753; 46 U. S. C. 672b.) The provisions of section 1 of the Act of Congress approved June 25, 1936, as amended (46 U. S. C. 643), requiring the manning of certain merchant vessels by persons holding certificates of service of efficiency issued by the Bureau of Marine Inspection and Navigation shall not apply as to unrigged vessels, except seagoing barges, and that, insofar as said provisions apply to tugs and towboats, the said provisions are hereby modified as follows:

(a) Able seamen shall not be required in the deck crew of tugs and towboats on the bays and sounds connected directly with the seas, and every person may be rated an able seamen for the purpose of serving on tugs and towboats on the seas who is nineteen years of age and upwards and who has had at least eighteen months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas; and

(b) Service and rating at least equal to that of coal passer or wiper in the engine department of tugs and towboats operating on the seas or Great Lakes or on the bays and sounds connected directly with the seas shall be considered as meeting the requirement of subsection (e) of section 1 of said Act which requires that an applicant for rating under that subsection shall produce to the inspector of the Bureau of Marine Inspection and Navigation definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by said Act to have such certificated men.