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Code · STATUTES-AT-LARGE · Vol. 48 STAT. · Public Law 40

Public Law 40.

3,026 words·~14 min read·/statutes-at-large/vol-48/public-law-40·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/73/39).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That it shall beApples and pears, American grown. Shipment for export, without certificate, unlawful. unlawful for any person to ship or offer for shipment or for any carrier, or any steamship company, or any person to transport or receive for transportation to any foreign destination, except as provided in this Act, any apples and/or pears in packages which are not accompanied by a certificate issued under authority of the Secretary of Agriculture showing that such apples or pears are of a Federal or State grade which meets the minimum of quality established by the Secretary for shipment in export.
The Secretary isRegulations to be prescribed by Secretary of Agriculture. authorized to prescribe, by regulations, the requirements, other than those of grade, which the fruit must meet before certificates are issued. The Secretary shall provide opportunity, by public hearingHearings to determine standard of export. or otherwise, for interested persons to examine and make recommendation with respect to any standard of export proposed to be established or designated, or regulation prescribed, by the Secretary for the purposes of this Act.
Sec. 2. The Secretary shall give reasonable notice through one orNotice of standard. more trade papers of the effective date of standards of export established or designated by him under this Act: *Provided*, That any*Proviso*.Prior contracts, fulfilling authorized. apples or pears may be certified and shipped for export in fulfillment of any contract made within six months prior to the date of such shipment if the terms of such contract were in accordance with the grades and regulations of the Secretary in effect at the time the contract was made. 124 Sec. 3.
Standards or requirements of foreign governments. Where the government of the country to which the shipment is to be made has standards or requirements as to condition of apples or pears the Secretary may in addition to inspection and certification for compliance with the standards established or designated Inspection to determine compliance.hereunder inspect and certify for determination as to compliance with the standards or requirements of such foreign government and may provide for special certificates in such cases.
Sec. 4. Shipments less than carload lots. Apples or pears in less than carload lots as defined by the Secretary may, in his discretion, be shipped to any foreign country without complying with the provisions of this Act. Sec. 5. Fees for inspection, etc. For inspecting and certifying the grade, quality, and/or condition of apples and/or pears the Secretary shall cause to be collected a reasonable fee which shall as nearly as may be cover the *Provisos*.Availability.cost of the service rendered: *Provided*, That when cooperative arrangements satisfactory to the Secretary, or his designated representative, for carrying out the purposes of this Act cannot be made the fees collected hereunder in such cases shall be available until expended to defray the cost of the service rendered, and in such cases the limitations on the amounts expended for the purchase and maintenance of motor-propelled passenger-carrying vehicles shall not beAdmissability of certificates as evidence.applicable: *Provided further*, That certificates issued by the authorized agents of the United States Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained.
Sec. 6. Refusal to issue certificates if unlawful shipments made. After opportunity for hearing the Secretary is authorized to refuse the issuance of certificates under this Act for periods not exceeding ninety days to any person who ships or offers for shipment any apples and/or pears in foreign commerce in violation of Penalty for violations.any of the provisions of this Act. Any person or any common carrier or any transportation agency knowingly violating any of the provisions of this Act shall be fined not less than $100 nor more than $10,000 by a court of competent jurisdiction.
Sec. 7. Rules, etc., by Secretary. The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this Act, and may cooperate with any department or agency of the Government, any Cooperation with States, etc.State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person, whether operating in Appointment of officers, etc.one or more jurisdictions; and shall have the power to appoint, remove, and fix the compensation of such officers and employees not in conflict with existing law, and make such expenditures for rent Expenditures for printing and binding, etc.outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses including reporting services, as shall be necessary to the administration of this Act in the District of Columbia and elsewhere, and as Statutes dealing with same subjects not abrogated.may be appropriated for by Congress.
This Act shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this Act; but it is intended that all such statutes shall remain in full force and effect except in so far as they are inconsistent herewith or repugnant hereto. Sec. 8. Separability of Act. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.
Sec. 9. Terms construed. That when used in this Act—
(1)“Person.” The term “person” includes individuals, partnerships, corporations, and associations.
(2)“Secretary of Agriculture.” The term “Secretary of Agriculture” means the Secretary of Agriculture of the United States. 125
(3)Except as provided herein, the term “foreign commerce”“Foreign commerce.” means commerce between any State, or the District of Columbia, and any place outside of the United States or its possessions.
(4)The term “apples and/or pears” means fresh whole apples“Apples and/or pears.” or pears, whether or not they have been in storage. Approved, June 10, 1933. Extending for one year the time within which American claimants may make application for payment, under the Settlement of War Claims Act of 1928, of awards of the Mixed Claims Commission and of the Tripartite Claims Commission. Chapter 60 48 Stat. 125 1933-06-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 60.] JOINT RESOLUTION Extending for one year the time within which American claimants may make application for payment, under the Settlement of War Claims Act of 1928, of awards of the Mixed Claims Commission and of the Tripartite Claims Commission.June 12, 1933.[[H.J. Res. 183](/us/bill/73/hjres/183).][[Pub. Res., No. 11](/us/bill/73/pubres/11).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled*, That subsection Settlement of War Claims Act.Time for making applications for payment, by American claimants, extended.Vol. 47, p. 318, amended.*Post*, p. 1019.
(g)of section 2 and subsection
(f)of section 5 of the Settlement of War Claims Act of 1928, as amended by Public Resolution Numbered 27, Seventy-second Congress, approved June 14, 1932, are further amended, respectively, by striking out the words “five years” wherever such words appear therein and inserting in lieu thereof the words “six years.” Approved, June 12, 1933. To amend sections 4399, 4418, 4428, 4429, 4430, 4431, 4432, 4433, and and 4434 of the Revised Statutes, as amended, relating to the construction and inspection of boilers, unfired pressure vessels, and the appurtenances thereof. Chapter 61 48 Stat. 125 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 61.] AN ACT To amend sections 4399, 4418, 4428, 4429, 4430, 4431, 4432, 4433, and and 11 So in original. 4434 of the Revised Statutes, as amended, relating to the construction and inspection of boilers, unfired pressure vessels, and the appurtenances thereof.June 13, 1933.[[S. 1129](/us/bill/73/s/1129).][[Public, No. 40](/us/pl/73/40).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That sections 4399, Construction and inspection of boilers, unfired pressure vessels, etc. [R.S., secs. 4399, 4418, 4428–4434, pp. 852, 856, 858](/us/rs/s4399/4418/4428–4434/pp852/856/858). [U.S.C., pp. 1489, 1492, 1494–1495](/us/usc/pp1489/1492/1494–1495). 4418, 4428, 4429, 4430, 4431, 4432, 4433, and 4434 of the Revised Statutes, as amended (U.S.C., title 46, secs. 361, 392, 406, 407, 408, 409, 410, 411, and 412), be, and the same are hereby, amended to read as follows: " “Sec. 4399. Every vessel subject to inspection propelled in whole Steam vessels defined. or in part by steam or by any other form of mechanical or electrical power shall be considered a steam vessel within the meaning of and subject to all of the provisions of this Act: *Provided, however*, That *Proviso*. Motor boats exempt. Vol. 36, p. 462; [U.S.C. p. 1508](/us/usc/p1508). motor boats as defined in the Act of June 9, 1910, are exempt from the provisions of this Act. “Sec. 4418. The local inspectors shall also inspect, before the same Boilers, unfired pressure vessels, etc. Vol. 33, p. 1027. shall be used and once at least in every year thereafter, the boilers, unfired pressure vessels, and appurtenances thereof, also the propelling Propelling and auxiliary machinery, electrical equipment, etc. and auxiliary machinery, electrical apparatus and equipment, of all vessels subject to inspection; and the inspectors shall satisfy Examination, etc., to be made. themselves by thorough examination that the same are in conformity with law and the rules and regulations of the board of supervising inspectors, and may be safely employed in the service proposed. No boiler, unfired pressure vessel, or appurtenances thereof shall be Defective vessels, boilers, etc. allowed to be used if constructed in whole or in part of defective material or which because of its form, design, workmanship, age, use, or for any other reason is unsafe. At each annual inspection all boilers, unfired pressure vessels, and main steam piping shall be subjected to hydrostatic tests or such other tests as may be prescribed by the board of supervising inspectors. The ratio of the hydrostatic Hydrostatic tests. Ratio of, to be prescribed. test to the maximum working pressure shall be determined by action of the board of supervising inspectors. 126 “Sec. 4428. Material used to be inspected, stamped, etc All boilers and unfired pressure vessels constructed of iron or steel plates or other approved metals for use on vessels subject to inspection shall be made of material that has been tested, inspected, and stamped in accordance with the requirements of this Act. “Sec. 4429. Punishment for faulty boiler, etc., construction. Any person, firm, or corporation who constructs a boiler, or steam pipe connecting the boilers, or an unfired pressure vessel for use on vessels subject to inspection, of iron or steel plates or other approved metals which have not been duly tested, inspected, and stamped according to the provisions of this Act and the requirements of the board of supervising inspectors; or who knowingly uses any defective material in the construction of such boiler, steam pipe, or pressure vessel; or who drifts any rivet hole to make it come fair; or who delivers any such boiler, steam pipe, or pressure vessel for use, knowing it to be defective in design, material, or construction, Process other than riveting. shall be fined $1,000. Nothing in this Act shall be so construed as to prevent from being used on such vessels any boiler, steam generator, steam pipe, or unfired pressure vessel which may not be *Provisos*. Subject to approval of Board. constructed of riveted iron or steel plates: *Provided*, That scientific data and facts are submitted to enable the board of supervising inspectors to satisfy themselves that such boiler, steam generator, or pressure vessel is equal in strength and as safe from explosion as one of the best quality of iron or steel plates of riveted construction:Temporary permits. *Provided, however*, That the Secretary of Commerce may grant permission to use any boiler, steam generator, or unfired pressure vessel not of iron or steel plate riveted construction upon the certificate of the supervising inspector for the district wherein such boiler, steam generator, or pressure vessel is to be used, and other satisfactory proof that the use of the same is safe and efficient, said permit to be valid until the next regular meeting of the board of Approved seamless shells. supervising inspectors who shall act thereon: *Provided further*, That such boilers, steam generators, or pressure vessels may be constructed with seamless shells or by means of any approved method of welding governed by the rules and regulations prescribed by the board of supervising inspectors. “Sec. 4430. Boiler plates, etc., inspection. All iron or steel plates, or other material used in the construction of boilers or unfired pressure vessels for use on vessels subject to inspection shall be tested and inspected in such manner as shall be prescribed by the board of supervising inspectors and Tensile stress, etc., to be tested. approved by the Secretary of Commerce, so as to enable the inspectors to ascertain the tensile strength, homogeneity, toughness, and Use of unapproved material forbidden. ability to withstand the effect of repeated heating and cooling; and no plate or other material shall be used in the construction of such boilers or pressure vessels which has not been tested, inspected, and approved under the rules and regulations of the board of supervising *Proviso*. Small unfired pressure vessels exempted. inspectors: *Provided, however*, That small unfired pressure vessels having diameters not exceeding thirty inches and subject to a maximum allowable working pressure not exceeding one hundred pounds per square inch shall be exempt from this requirement. Inspection at the mills, added. “The Director of the Bureau of Navigation and Steamboat Inspection may, under the direction of the Secretary of Commerce, detail inspectors to inspect iron or steel plates or other material at the Official stamp of approval. mills where the same are manufactured; and if such plates or material are found in accordance with the rules of the board of supervising inspectors, the inspector shall stamp the same with the initials of his name and the official stamp of the Bureau of Navigation and Acceptance of, by local inspectors. Steamboat Inspection, which stamp shall be authorized by the board of supervising inspectors; and material so stamped shall be accepted by the local inspectors of the various districts as being in full com-127pliance with the requirements of this section regarding the test and inspection of such plates and material: *Provided*, That any person, *Proviso*. Counterfeiting, etc., stamp a felony. Punishment for. firm, or corporation who affixes any false, forged, fraudulent, spurious, or counterfeit of the stamp herein authorized to be put on by an inspector shall be deemed guilty of a felony and shall be fined not less than $1,000 nor more than $5,000 and imprisoned not less than two years nor more than five years. “Sec. 4431. Every plate of iron or steel, made for use in the construction Stamping boiler plates. Pressure vessels added. of boilers, unfired pressure vessels, or riveted steam pipe shall be distinctly and permanently stamped by the manufacturer thereof, and, if practicable, in such places that the marks shall be left visible when such plates are assembled, with the name of the manufacturer, and the minimum tensile strength in pounds per square inch, and the inspectors shall keep a record in their office of the stamps upon all plates, material, and boilers which they inspect. “Sec. 4432. Any person, firm, or corporation who counterfeits, or Punishment for counterfeiting stamps or marks. causes to be counterfeited, any of the marks or stamps prescribed for iron or steel plates or other material tested and inspected under this Act, or who designedly stamps, or causes to be stamped falsely, any such plates or material; and every person who stamps or marks, or causes to be stamped or marked, any such plates or material with the name or trade-mark of another, with the intent to mislead or deceive, shall be fined $2,000, and may in addition thereto, at the discretion of the court, be imprisoned not exceeding two years. “Sec. 4433. The board of supervising inspectors is hereby Pressure of steam allowable. empowered to prescribe formulas, rules, and regulations for the design, material, and construction of boilers, unfired pressure vessels, Unfired pressure vessels and materials included. and appurtenances thereof, and steam piping for use on vessels subject to the provisions of this Act. The maximum working pressure shall Formulas to determine, prescribed. be determined by formulas prescribed by the board of supervising inspectors, and no such boiler, pressure vessel, or appurtenance thereof shall be designed or operated where the factor of safety is less than four: *Provided*, That the minimum thickness and maximum *Proviso*. Pressure of valves, etc. allowable working pressure of valves, fittings, and other appurtenances shall be determined by formulas prescribed by the board of supervising inspectors. “Sec. 4434. The maximum allowable thickness of shell plates and Thickness of plates, etc. Vol. 35, p. 687. the details of material, design, and construction of externally fired boilers shall be determined by action of the board of supervising inspectors.” " All laws or parts of laws which may conflict with the provisions Conflicting laws repealed. of this Act are hereby repealed. Approved, June 13, 1933. To provide for the redemption of national-bank notes, Federal Reserve bank notes, and Federal Reserve notes which cannot be identified as to the bank of issue. Chapter 62 48 Stat. 127 1933-06-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-12-11 73 1 public [CHAPTER 62.] AN ACT To provide for the redemption of national-bank notes, Federal Reserve bank notes, and Federal Reserve notes which cannot be identified as to the bank of issue.June 13, 1933.[[S. 1634](/us/bill/73/s/1634).][
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