Page:United States Statutes at Large Volume 45 Part 1.djvu/1545

 1494 SEVENTIETH C ONGRESS. SEss. II. CH. 508. 1929 . Proviso. applicable if as hereinafter provided : Provided, That this section shall not apply Not country does not simi- to the vessels of any foreign country which does not similarly recog- larly recognize these nize the load lines established under this Act and the regulations m load li nes. ade thereunder. beforer departing, of SEC. 6. It shall be the duty of the master of every vessel subject position of load line to this Act and to the regulations established thereunder and of mark, etc. every foreign vessel exempted pursuant to section 5, before depart- ing 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. SEC. 7. If any collector of customs has reason to believe, on com- pla int or otherw ise, that a v essel subject to this Act a nd 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 cha rge of such v essel detain her provisiona lly for the p urpose of being surveyed. The collector shall then serve on the master a written sta tement of the grounds of h er detention a nd shall appo int three disinterested surveyors to examine the vessel and her loading and to rep ort to him, w hereupon the said collector may release or may by written order served on the master or officer in charge of such vessel det ain the vesse l until she h as been reload ed in whole o r 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 Appeal to secretary of Comme rce by m as- country with respect to load line. If the vessel be ordered detained, ter, and further survey may be ordered, etc. the m aster may, wi thin five days, appeal to t he Secretary of Com- merce, who may, if he desires, order a further survey, and may Clearance refused to affirm set aside, or modify the order of the collector. Clearance shall vessel detained . > > y Penalty for permit- refused to any vessel which shall have been ordered detained. tin g departure without SEC. 8 . (a) If the owner or master of any vessel subject to this certified marking, etc. 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, lie 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 regula- tions, he shall for each offense be liable to the United States in a penal ty of $500. The Secret ary of Comm erce m ay, in his d iscre - tion, r emit or mitig ate any penalt y imposed und er this paragr aph, 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 Com- merce 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 esta'b- lislled thereunder to depart, or if, being the owner, manager, agent, or master of such vessel, he shall fail to take reasonable care to Detenti on by collec - tor of customs, of ves- sels about to de part loaded in violat ion herewith, etc. Examination and re- port by disinterested surveyors , Release or detentio n until reloaded. Penalty for permit- ting foreign vessel to depa rt w itho ut lo ad line s ma rked as re- quired by laws of its country. Discretio nary remis- sion, etc ., by the Sec- ret ary. Penalty for failing to make requ ired entr y in log book before depart- ing. Disc retio nary remi s- sion, etc., by the Sec- ret ary. Permitting vessel to depart, or owner, etc ., failing to take care to preventdeparture, with submerged load line, etc ,

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