Nothing in this section shall restrict or modify any of the other provisions of section 1 of said Act which must be complied with before the certificates therein authorized can be granted.

"UNRIGGED VESSEL" AND "SEAGOING BARGE" DEFINED

(June 16, 1938, sec. 4; 52 Stat. 754; 46 U. S. C. 672c.) When used in this Act (46 U. S. C. 643a, 660b, 672b)—

(1) The term "unrigged vessel" means any vessel that is not selfpropelled;

(2) The term "seagoing barge" means any barge which from its design and construction may be reasonably expected to encounter and ride out the ordinary perils of the seas and which in fact in the usual course of its operations passes outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895, as amended (33 U. S. C. 151).

Penalty for Fraudulent Possession of Seamen's Certificates.

(June 25, 1936, sec, 6; 49 Stat. 1936; 46 U. S. C. 710a.) Any person who (1) shall receive or have in his possession any certificate, license, or document issued to vessels or officers or seamen by the Bureau of Marine Inspection and Navigation or by any officer or employee of the United States authorized by law to represent such Bureau, to which he is not lawfully entitled, with intent unlawfully to use the same; or (2) shall use or exhibit or attempt to use or exhibit any such certificate, license, or document to which he is not lawfully entitled; or (3) without lawful authority shall alter or change, or attempt to change, any such certificate, license, or document by addition, interpolation, deletion, or erasure; or (4) shall forge, counterfeit, or steal, or shall attempt to forge, counterfeit, or steal, any such certificate, license, or document; or (5) shall unlawfully have in his possession or knowingly use any such altered, changed, forged, counterfeit, or stolen certificate, license, or document; or (6) shall print or manufacture, or cause to be printed or manufactured, any blank form of such certificate, license, or document without first obtaining the authority of the Bureau of Marine Inspection and Navigation; or (7) shall have in his possession without lawful excuse, and with intent unlawfully to use the same, any blank form of such certificate, license, or document; or (8) shall in any manner transfer, or cause to be so transferred, or negotiate such transfer of, any blank form of such certificate, license, or document, or any such altered, changed, forged, counterfeit, or stolen certificate, license, or document, or any such certificate, license, or document to which the party transferring or receiving the same is not lawfully entitled; or (9) shall aid or abet the perpetration of any of the foregoing acts shall for each offense, upon conviction thereof, be fined not more than $5,000 or imprisoned for not more than five years, or both.

Watches; Hours of Labor; Legal Holidays."

(Mar. 4, 1915, sec. 2; 38 Stat. 1164; 46 U. S. C. 673.) That in all merchant vessels of the United States of more than one hundred tons gross, excepting those navigating rivers, harbors, lakes (other than

Section 2 of the Act of March 4, 1915, as amended, was relaxed on October 15, 1942, to the extent that a licensed officer or seaman in the deck or engine department of any tug navigating the Great Lakes may be permitted to work in excess of eight hours in one day.

7

Great Lakes), bays, sounds, bayous, and canals, exclusively, the licensed officers and sailors, coal passers, firemen, oilers, and water tenders shall, while at sea, be divided into at least three watches, which shall be kept on duty successively for the performance of ordinary work incident to the sailing and management of the vessel. No licensed officer or seaman in the deck or engine department of any tug documented under the laws of the United States (except boats or vessels used exclusively for fishing purposes) navigating the Great Lakes, harbors of the Great Lakes, and connecting and tributary waters between Gary, Indiana; Duluth, Minnesota; Niagara Falls, New York; and Ogdensburg, New York, shall be required or permitted to work more than eight hours in one day except in case of extraordinary emergency affecting the safety of the vessel and/or life or property. The seamen shall not be shipped to work alternately in the fireroom and on deck, nor shall those shipped for deck duty be required to work in the fireroom, or vice versa; nor shall any licensed officer or seaman in the deck or engine department be required to work more than eight hours in one day; but these provisions shall not limit either the authority of the master or other officer or the obedience of the seamen when in the judgment of the master or other officer the whole or any part of the crew are needed for maneuvering, shifting berth, mooring, or unmooring the vessel, or the performance of work necessary for the safety of the vessel, her passengers, crew, and cargo, or for the saving of life aboard other vessels, in jeopardy, or when in port or at sea, from requiring the whole or any part of the crew to participate in the performance of fire, lifeboat, or other drills. While such vessel is in a safe harbor no seaman shall be required to do any unnecessary work on Sundays or the following-named days: New Year's Day, the Fourth of July, Labor Day, Armistice Day,s Thanksgiving Day, and Christmas Day, but this shall not prevent the dispatch of a vessel on regular schedule or when ready to proceed on her voyage. And at all times while such vessel is in a safe harbor, eight hours, inclusive of the anchor watch, shall constitute a day's work. Whenever the master of any vessel shall fail to comply with this section and the regulation issued thereunder, the owner shall be liable to a penalty not to exceed $500, and the seaman shall be entitled to discharge from such vessel and to receive the wages earned. But this section shall not apply to vessels engaged in salvage operations: Provided, That in all tugs and barges subject to this section when engaged on a voyage of less than six hundred miles, the licensed officers and members of crews other than coal passers, firemen, oilers, and water tenders may, while at sea, be divided into not less than two watches, but nothing in this proviso shall be construed as repealing any part of section 4463 of the Revised Statutes (46 U. S. C. 222). (June 25, 1936, sec. 2; May 13, 1938; June 23, 1938.)

Application to Fishing or Whaling Vessels or Yachts.

(June 25, 1936, sec. 8; 49 Stat. 1936; 46 U.S. C. 690.) No provision of this act and no amendment made by this act shall apply to fishing or whaling vessels or yachts: Provided, however, That the provisions of

day

The word "day" in section 2 of the Act is to be construed as contemplating a calendar of 24 hours commencing at midnight. (Opinions of the Attorney General, Oct. 5, 1937.) Armistice Day made a legal public holiday by Act of May 13, 1938.

law herein amended shall continue in effect insofar as they are applicable to said vessels or yachts with like force and effect as if this act had not been passed.

Citizenship Requirements.

ON VESSELS OF THE UNITED STATES

(June 25, 1936, sec. 5; 49 Stat. 1935; 46 U. S. C. 672a.) (a) From and after the enactment of this act all licensed officers and pilots of vessels of the United States shall be citizens of the United States, native-born, or completely naturalized.

(b) From and after six months after the enactment of this act upon each departure of any such vessel from a port of the United States, 75 per centum of the crew, excluding licensed officers, shall be citizens of the United States, native-born, or completely naturalized, unless the Secretary of Commerce shall, upon investigation, ascertain that qualified citizen seamen are not available, when, under such conditions, he may reduce the above percentages.

(c) If any vessel while on a foreign voyage is for any reason deprived of the services of any member of the crew, such position or vacancy caused by the promotion of another to such position may be supplied by a person other than defined in paragraphs (a) and (b) until the first call of such vessel at a port in the United States where such replacements can be obtained.

(d) The owner, agent, or officer of any such vessel, who shall employ any person in violation of the provisions of this section, shall be subject to a penalty of $500 for each offense.

ON SUBSIDIZED VESSELS

(June 29, 1936, sec. 302; 49 Stat. 1992; 46 U. S. C. 1132.) (a) All licensed officers of vessels documented under the laws of the United States, as now required by law, shall be citizens of the United States, native-born or completely naturalized; and upon each departure from the United States of a cargo vessel in respect of which a construction or operating subsidy has been granted all of the crew (crew including all employees of the ship) shall be citizens of the United States, nativeborn or completely naturalized.

(b) For a period of one year after the effective date of this act, upon each departure from the United States of a passenger vessel in respect of which a construction or operation subsidy has been granted, all licensed officers shall be citizens of the United States as defined above, and no less than 80 per centum of the crew (crew including all employees of the ship other than officers) shall be citizens of the United States, native-born or completely naturalized, and thereafter the percentage of citizens, as above defined, shall be increased 5 per centum per annum until 90 per centum of the entire crew, including all licensed officers of any such vessel, shall be citizens of the United States, native-born or completely naturalized.

(c) Any member of the crew, not required by this section to be a citizen of the United States, may be an alien only if he is in possession of a valid declaration of intention to become a citizen of the United States, or other evidence of legal admission to the United

States for permanent residence. Such alien, as above defined, may be employed only in the steward's department on passenger vessels.

(d) If any such vessel (as above defined) while on a foreign voyage is for any reason deprived of the services of any employee below the grade of master, his place or a vacancy caused by the promotion of another to his place may be supplied by a person other than defined in paragraphs (a) and (b), until the first return of such vessel to a port in the United States.

(e) The owner, agent, or officer of any such vessel who knowingly employs any person in violation of the provisions of this act shall, upon conviction thereof, be fined $50 for each person so employed. Space and Accommodation for Crew; Hospital Compartments.9

(Mar. 3, 1897, sec. 2; 29 Stat. 688; 46 U. S. C. 80.) On all merchant vessels of the United States the construction of which shall be begun after the passage of this Act [Mar. 4, 1915], except yachts, pilot boats, or vessels of less than one hundred tons register, every place appropriated to the crew of the vessel shall have a space of not less than one hundred and twenty cubic feet and not less than sixteen square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged therein, and each seaman shall have a separate berth and not more than one berth shall be placed one above another; such place or lodging shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water. And every such crew space shall be kept free from goods or stores not being the personal property of the crew occupying said place in use during the voyage.

That in addition to the space allotment for lodgings hereinbefore provided, on all merchant vessels of the United States which in the ordinary course of their trade make voyages of more than three days' duration between ports, and which carry a crew of twelve or more seamen, there shall be constructed a compartment, suitably separated from other spaces, for hospital purposes, and such compartment shall have at least one bunk for every twelve seamen, constituting her crew, provided that not more than six bunks shall be required in

any case.

Every steamboat of the United States plying upon the Mississippi River or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section, so far as they are applicable thereto, by providing sleeping room in the engine room of such steamboat, properly protected from the cold, wind, and rain by means of suitable awnings or screens on either side of the guards or sides and forward. reaching from the boiler deck to the lower or main deck, under the direction and approval of the Director of the Bureau of Marine Inspection and Navigation, and shall be properly heated.

Section 6 of the Act of March 4, 1915, governing vessels engaged in business connected with the conduct of the war was waived December 3, 1942, to the extent necessary to permit the accommodation of persons in spaces allocated for hospital spaces: Provided, That in the event confinement or isolation of injured or sick personnel becomes necessary, such space in the hospital spaces as may be required shall be made available to such sick or injured personnel.

All merchant vessels of the United States, the construction of which shall be begun after the passage of this act [Mar. 4, 1915], having more than ten men on deck must have at least one light, clean, and properly ventilated washing place. There shall be provided at least one washing outfit for every two men of the watch. The washing place shall be properly heated. A separate washing place shall be provided for the fireroom and engine-room men, if their number exceeds ten, which shall be large enough to accommodate at least onesixth of them at the same time, and have hot and cold water supply and a sufficient number of washbasins, sinks, and shower baths.

Any failure to comply with this section shall subject the owner or owners of such vessel to a penalty of not less than $50 nor more than $500: Provided, That forecastles shall be fumigated at such intervals as may be provided by regulations to be issued by the Surgeon General of the Public Health Service, with the approval of the Department of Commerce, and shall have at least two exits, one of which may be used in emergencies. (Mar. 4, 1915, sec. 6; June 30, 1932, sec. 501; May 27, 1936, sec, 1.)

Inspection of Crew Quarters.

(June 25, 1936, sec. 4; 49 Stat. 1935; 46 U. S. C. 660a.) (a) The local inspectors of the Bureau of Marine Inspection and Navigation shall inspect the crew quarters of every American vessel, at least once in each month, or at such times as such vessel shall enter an American port, and shall satisfy themselves that such quarters are of the size required by law or regulation issued thereunder, are properly ventilated and in a clean and sanitary condition, and are equipped with the proper plumbing and mechanical appliances required by law or regulations issued thereunder, and that such plumbing and mechanical appliances are in good working order and condition.

(b) Whenever it shall be found that the crew quarters of any such vessel are not of the size required by law or regulations issued thereunder or are not properly ventilated or are not in a clean and sanitary condition or are not equipped with the proper plumbing and mechanical appliances required by law or regulations issued thereunder, or that such plumbing and mechanical appliances are not in good working order and condition, the appropriate board of local inspectors shall withdraw the certificate of inspection of such vessel and refuse to reissue the same until such improper conditions have been corrected; and the master or other licensed officer of such vessel who shall have willfully or negligently permitted such vessel to be in such improper condition shall be subject to a penalty of not more than $500.

Unrigged Vessels Exempt.

(June 16, 1938, sec. 2; 52 Stat. 754; 46 U. S. C. 660b.) The provisions of sec. 4 of the Act aforesaid (June 25, 1936) shall not apply to unrigged vessels except seagoing barges. (For definition of terms "unrigged vessels" and "seagoing barges" see p. 185.)

Inspection of Seaworthiness at Domestic Ports.

(R. S. 4556-46 U. S. C. 653.) If the first and second officers under the master or a majority of the crew of any vessel bound on any voyage shall, before the vessel shall have left the harbor, dis