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

(Aug. 27, 1935, sec. 4; 49 Stat. 889; 46 U. S. C. 88c.) It shall be unlawful for any vessel subject to this Act and to the regulations established thereunder to be so loaded as to submerge the load line or lines marked pursuant to this Act and to the regulations established thereunder applicable to her voyage; or to be so loaded 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 to be so loaded as in any manner to violate the said regulations.

APPLICABILITY TO FOREIGN VESSELS

(Aug. 27, 1935, sec. 5; 49 Stat. 889; 46 U. S. C. 88d.) 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

(Aug. 27, 1935, sec. 6; 49 Stat. 889; 46 U.S. C. 88e.) 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 to provide a ship's record or log book and enter therein a statement of the position of the load line marked applicable to the voyage in question and the actual drafts forward and aft at the time of departing as nearly as the said drafts can be ascertained.

DETENTION OF VESSELS

(Aug. 27, 1935, sec. 7; 49 Stat. 889; 46 U.S. C. 88f.) If any collector of customs has reason to believe on complaint or otherwise that a vessel subject to the provisions of this Act is about to proceed on a voyage from a port in the United States or its possessions within his district without conforming to the provisions of section 3 hereof, or when loaded in violation of section 4 hereof, or that any vessel exempted pursuant to section 5 hereof is about to proceed on a voyage from such port when loaded in violation of the laws and regulations of her country with respect to load line, he may serve on the master or officer in charge of such vessel a written order detaining the vessel for the purpose of being surveyed to determine whether or not the provisions of this Act are complied with. Where the detention is on the ground that the vessel does not conform to the provisions of section 3 hereof, the

collector shall cause an examination of the vessel to be made, and if from such examination it appears that the vessel is not marked with the load line established in conformity with the provisions of this Act, the collector shall so notify the master or officer in charge of such vessel and shall detain her until a load line shall have been duly established in accordance with section 3 hereof, provided that in cases of exceptional hardship, subject to regulations issued by the Secretary of Commerce, the collector may cause a proper load line to be provisionally established by one of the agencies or persons designated under section. 3 hereof, which provisional load line shall constitute a compliance with the provisions of this Act only until completion of the particular voyage in which the vessel is at the time engaged. After such establishment or provisional establishment of a load line the collector shall appoint three distinterested surveyors to examine the loading of the vessel and to report to him whether such vessel is so loaded as to submerge said provisional load line and if from such report it appears that the vessel is so loaded, the collector may by written order served on the master or officer in charge of said vessel detain the vessel until she has been reloaded in whole or in part so as not to submerge said provisional load line or lines. Where the detention is on the ground of a supposed violation of section 4 or section 5 hereof, the collector shall appoint three disinterested surveyors to examine the vessel and her loading and to report to him and if from such report it appears that the vessel is loaded in violation of the provisions of sections 4 or 5 hereof, the collector shall so notify in writing the master or other officer in charge of such vessel and detain the vessel until she has been reloaded in whole. or in part so as to conform to the provisions of sections 4 and 5 hereof. If a vessel is ordered detained by a collector acting under the provisions of this section, the master may within five days appeal to the Secretary of Commerce, who, if he so desires, may 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

(Aug. 27, 1935, sec. 8; 49 Stat. 890; 46 U. S. C. 88g.) (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 any port or place designated in section 1 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 any port or place designated in section 1 without having the loadline or lines required by the laws and regulations of the country to which she belongs marked upon her as required by said law 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, or of any foreign vessel exempted pursuant to section 5, shall fail, before departing from any port or place designated in section 1, to enter in and make a part of the ship's record or log book 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 to depart or arrive, 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 or arriving at any port or place designated in section 1 when loaded 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 arrive, 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 or arriving at any port or place designated in section 1 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 unless the vessel's departure or arrival was, under the circumstances, reasonable and justifiable. 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.

EFFECTIVE DATES; SHORT TITLE

(Aug. 27, 1935, sec. 9; 49 Stat. 891; 46 U. S. C. 88h, 881). The provisions of this Act shall become effective as to vessels of four thousand gross tons and upwards, not later than three months, and as to all other vessels subject hereto, not later than twelve months from and after the date of approval thereof. This Act may be cited as the "Coastwise Load Line Act, 1935."

Chapter IV.-INTERNATIONAL CONVENTION FOR THE SAFETY 1 OF LIFE AT SEA, 1929

[CHAPTER I.-PRELIMINARY]

ARTICLE 1

The Contracting Governments undertake to give effect to the provisions of the present Convention for the purpose of promoting safety of life at sea, to promulgate all regulations and to take all other steps which may be necessary to give the present Convention full and complete effect.

The provisions of the present Convention are completed by Regulations contained in Annex I, which have the same force and take effect at the same time as the present Convention. Every reference. to the present convention implies at the same time a reference to the Regulations annexed thereto.

ARTICLE 2.-APPLICATIONS AND DEFINITIONS

1. The provisions of the present Convention shall apply to ships belonging to countries the Governments of which are Contracting Governments, and to ships belonging to territories to which the present Convention is applied under Article 62, as follows:

Chapter II. (Construction) to passenger ships (mechanically propelled) on international voyages.

Chapter III.-(Life-saving Appliances) to passenger ships (mechanically propelled) on international voyages.

Chapter IV.-(Radiotelegraphy) to all ships engaged on international voyages except cargo ships of less than 1,600 tons gross tonnage.

Chapter V.-(Safety of Navigation) to all ships on all voyages. Chapter VI. (Certificates) to all the ships to which Chapters II, III, and IV apply.

2. The classes of ships to which each chapter applies are more precisely defined, and the extent of the application is shown, in each chapter.

3. In the present Convention, unless expressly provided otherwise

(a) a ship is regarded as belonging to a country if it is registered at a port of that country;

(b) the expression "Administration" means the Government of the country in which the ship is registered;

(c) an international voyage is a voyage from a country to which the present Convention applies to a port outside such country, or conversely; and for this purpose every colony, overseas territory, protectorate, or territory under suzerainty or mandate is regarded as a separate country;

1 See Executive Order No. 9083 in the Introduction.

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(d) a ship is a passenger ship if it carries more than 12 passengers; (e) the expression "Regulations" means the Regulations contained

in Annex I.

4. The present Convention, unless expressly provided otherwise, does not apply to ships of war.

ARTICLE 3.—CASES OF "FORCE MAJEURE”

No ship, which is not subject to the provisions of the present Convention at the time of its departure on any voyage, shall become subject to the provisions of the present Convention on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

Persons who are on board a ship by reason of force majeure or in consequence of the obligation laid upon the master to carry shipwrecked or other persons shall not be taken into account for the purpose of ascertaining the application to a ship of any provisions of the present Convention.

[CHAPTER II.-CONSTRUCTION]

ARTICLE 4.-APPLICATION

1. This chapter, except where it is otherwise expressly provided, applies to new passenger ships engaged on international voyages. 2. A new passenger ship is a ship the keel of which is laid on or after the 1st July, 1931, or a ship which is converted to passenger service on or after that date, all other passenger ships being described as existing passenger ships.

3. Each Administration may, if it considers that the route and the conditions of the voyage are such as to render the application of the requirements of this chapter unreasonable or unnecessary, exempt from the requirements of this chapter individual ships or classes of ships belonging to its country which, in the course of their voyage, do not proceed more than 20 miles from the nearest land.

4. In the case of a passenger ship which, in the course of its voyage, does not proceed more than 200 miles from the nearest land, the Administration of the country to which the ship belongs may allow relaxations from such of the requirements of Regulations IX, X, XV, and XIX as may be proved to the satisfaction of the Administration to be neither reasonable nor practicable.

5. In the case of existing passenger ships engaged on international voyages which do not already comply with the provisions of this chapter relating to new passenger ships, the arrangements on each ship shall be considered by the Administration of the country to which the ship belongs, with a view to improvements being made to provide increased safety where practicable and reasonable.

6. In the case of passenger ships engaged on international voyages which are employed in the carriage of large numbers of unberthed passengers in special trades, such, for example, as the pilgrim trade, an Administration, if satisfied that it is impracticable to enforce compliance with the requirements of this chapter, may exempt such ships, when they belong to its country, from those requirements on the following conditions:

(a) That the fullest provision which the circumstances of the trade will permit shall be made in the matter of construction.