Page:United States Statutes at Large Volume 49 Part 1.djvu/935

 890 74 TH CONGRESS. SESS. I. CH. 747 . AUGU ST 27, 1935. the vessel is so loaded, the colle ctor 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 Fur ther exa min a- said provisional load line or lines. Where the detention is on the tions. 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 soasto app eal to sec retar y conform to the provisions of sections 4 or 5 hereof. If a vessel of Com me rce and fur - ther survey a llowed. is ordered detained by a collector acting under the provisions of this section, the master may within five days appeal to the Sec- retary of Commerce, who, if he so desires, may order a further sur- vey 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. Pe nalt ies. SEC. 8. (a) If the owner or master of any vessel subject to this Act Dep artin g wi thout pr oper mark ing . 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 Fore ign re gistry ves- liable to the United States in a penalty of $500. If the owner or sels. 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 Discretionary power United States in a penalty of $500. The Secretary of Commerce of secretary. may, in his discreti on, remit or mitigate any penalty imposed under this paragraph, or discontinue prosecution therefor on such terms as he may deem proper. Failing to make re- (b) If the master of any vessel subject to this Act, or of any quired entry in log book. 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 Permitting vessel t paragraph. o depart or arrive with (c) If any person shall knowingly permit or cause or attempt to submerged loa d line, cause any vessel subject to this Act to depart or arrive, or if, being etc. the own er, manager, agent, or master of such vessel he shall fail to take re asonable care to prevent her from departing from or arriving at any port or place designated in section 1 when loaded in violation Foreign vessels. 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, r eas onab le and just ifi able. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed u nder this paragraph. Permitting detained (d) If the master of any vessel or any other person shall know- vessel to depart . ingly p ermit or cause or attempt to cause any vessel to depart from