Page:United States Statutes at Large Volume 49 Part 1.djvu/1976

 74T H C ONGRESS. SESS. II. CH. 816. JUNE 25, 1936 . or upward, and has had at least three years' service on deck at sea or on the Great Lakes, on a vessel or vessels to which this section applies, including deck ed fishing ve ssels, and ve ssels in Unite d States Government service ; and every person shall be rated an able seaman, and qualified to serve as such on the Great Lakes and on the smaller lakes, bays, or sounds who is nineteen years of age or upward and has had at l east eig hteen mo nths' se rvice on deck at sea or on the Great Lakes or on the smaller lakes, bays, or sounds, on a vessel or vessels t o which this s ection applie s, including decked fishing vessels and vessels in the United States Government service ; and graduates of school ships approved by and conducted under rules prescribed by t he Secre tary of Commerce may be rated ab le seame n after twelve months' service at sea after graduation : Provided, That no boy shall be shipped on any vessel to which this section applies unless he meets the physical qualifications contained in regulations to be prescribed by the Secretary of Commerce and that no boy shall be placed on the lookout or at the wheel except for the purpose of learning, and that in narrow and crowded waters or in low visibility none below the rating of able seaman shall be permitted at the wheel Prov ided fur ther, That no deck boy s hall be held q ualified to f ill the place of ordinary seaman until he has had at least six months' service as deck boy : Provided further, That upon examination, under rules prescribed by the Department of Commerce as to eyesight, hearing, and physical condition, such persons or graduates are found to be com petent : Pro vid ed furt her , That upon examination, under rules prescribed by the Department of Commerce as to eyesight, hearing, physical condition, and knowledge of the duties of seamanship, a person found competent may be rated as able seaman after having served on deck twelve months at sea or on the Great Lakes, but seam en exami ned and rated ab le seame n under this pro viso sha ll not in any case compose more than one-fourth of the number of able seamen require d by thi s sectio n to be shipped or emplo yed upon any vessel. "(b) Application may be made to any board of local inspectors for a certificate of service as able seaman, and upon proof being ma de to sa id boa rd 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 seam en, and that he is entit led to s uch cert ificate under th e pro- visions 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 . "(c) Each board of local inspectors shall keep a complete record of all certificates of service issued by them and to whom issued and shal l keep o n file t he affid avits an d record s of exa mination s upon which said certificates are issued. "(d) The collec tor of customs may, upon his own m otion, 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 deter- mine 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 : Provid ed, That the collector of cus- toms 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 19 31 graduates of school ships . Provisos. N o boy to be shipped unless physically qualified . Not to be placed on lookout or at wheel ; ex- c epti on . Deck bo y, se rvice require ment f or fill ing place of ordinary sea- man. Physical fitness. Acceptance as able seaman if found com - petent, upon examina- tion. Pe rcen tage limi ted . Certificate of service as able seaman. Examination ; quali- fica tio ns, etc . Certificate accepted as prima-facie evidence of rating. Record of certificates to be kept. Must er of crew to determine if law com- p lied wit h. Provisos. Time limitation for f iling c omplain t.