Page:United States Statutes at Large Volume 49 Part 1.djvu/934

 74 TH CONGRESS. SESS. I. CH. 747. AUGU ST 27, 1935 . bearing such mark or marks, approved and certified by such corpo- ration, association, or officer, and without having on board a copy of said certificate. SEC. 4. It shall be unlawful for any vessel subject to this Act and to the regulations established thereunder to be so loaded as to sub- merge 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. SEC. 5 . Whenever the Secretary of Commerce shall certify that the laws and regulations in force in any foreign country relating to load lines are equa lly effective with the reg ulations estab lished 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 co mpliance with th e provis ions of this Act, except as here inafter provided : Provided, That this section shall not apply to the vessels of any fo reign co untry wh ich does not sim ilarly r ecogniz e the lo ad lines established under this Act and the regulations made thereunder. SEC. 6. 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. SEC. 7 . If any collector of customs has reason to believe on com- plaint or otherwise that a vessel subject to the provisions of this Act is about to pr oceed ona voyage from a port in the United States or its possessions within his district without conforming to the provi sions of section 3 hereo f, or wh en loade d in vi olation of section 4 hereof, or that any vessel exempted pursuant to section 5 hereof is abo ut to pr oce ed on a voyage fr om such port wh en 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 pur- pose 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 vesse l does not co nform to the provisions of section 3 her eof, the colle ctor sha ll cause an exam ination of the v essel t o be mad e, and if from such examination it appears that the vessel is not marked with the load line established in conformity with the provi- sions of this Act, the collector shall so notify the master or officer in charge of such ve ssel and shall d etain he r until a load line sha ll ha ve been duly established in accordance with section 3 hereof, provided that in cases of excepti onal har dship, s ubject to regul a- tions iss ued by t he Secre tary of Commerce, the co llector may cau se a proper load line to be provisionally established by one of the agencies or persons designated under section 3 hereof, which pro- visional 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 disinterested surveyors to examine the loading of the vessel and to report to him whether such vessel is so loaded as to su bme rge said pr ovisiona l load l ine and if from such rep ort it a ppears t hat 889 Loading provisions. Exemptions of ve s- sels of foreign country, complying with its load line laws . Prov iso. Recip roca l recogni- tion. Entry on log bo ok of load li ne position be- fore depa rting. Detention of vessel violating provisions. Provisional load lin e in emergency permit. ted. Loading of vessel to be examined by dis- in tere sted surv eyor s.