Public Law 355.
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(/us/pl/74/354).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Coastwise Load Line Act, 1935.Load lines established for vessels in coastwise voyage by sea. That load lines are hereby established for merchant vessels of one hundred and fifty gross tons or over, loading at or proceeding to sea from any port or place within the United States or its possessions for a coastwise Term defined.voyage by sea. By “coastwise voyage by sea” is meant a voyage on which a vessel in the usual course of her employment proceeds from one Vol. 28, p. 672; [U.
S. C., p. 1454](/us/usc/p1454).port or place in the United States or her possessions to another port or place in the United States or her possessions and passes outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895. Sec. 2. Load water lines and marks; establishment.*Post*, p. 1543. The Secretary of Commerce is hereby authorized and directed in respect of the vessels defined above to establish by regulations from time to time the load water lines and marks thereof indicating the maximum depth to which such vessels may safely be loaded and in establishing such load lines due consideration shall be given to, and differentials made for, the various types and character *Provisos*.Applicable to Great Lakes.of vessels and the trades in which they are engaged: *Provided*, That the load-line provisions of this Act shall apply to the Great Lakes and that no load line shall be established or marked on any vessel which load line gives a lesser freeboard and less buoyancy Vol. 47, p. 2228.than the load line established by the International Treaty on Load Lines of 1930, and that the regulations established under this proviso Changes permitted, Great Lakes.shall have the force of law: *Provided further*, That in applying the load lines to vessels on the Great Lakes the Secretary of Commerce is vested with discretion to vary the load-line marks from those established by said Treaty when in his opinion the changes made by him will not be above the actual line of safety.
Sec. 3 Marking lines on vessels. It shall be the duty of the owner and of the master of every vessel subject to this Act and to the regulations established thereunder to cause the load line or lines so established to be permanently and conspicuously marked upon the vessel in such manner as the Secretary of Commerce shall direct, and to keep the same so marked. Appointment of American Bureau of Shipping to determine correctness.The Secretary of Commerce shall appoint the American Bureau of Shipping, or such other American corporation or association for the survey or registry of shipping as may be selected by him, to determine whether the position and manner of marking on such vessels the load line or lines so established are in accordance with the provisions of this Act and of the regulations established thereunder: *Proviso*.Other agencies may survey, etc., at request of shipowners.*Provided, however*, That, at the request of the shipowner, the Secretary of Commerce may appoint, for the purpose aforesaid, any other corporation or association for the survey or registry of shipping which the Secretary of Commerce may approve; or the Secretary of Commerce may appoint for said purpose any officer of the Government, who shall perform such services as may be directed by the Secretary of Commerce.
The Secretary of Commerce may, in his discretion, revoke any appointment made pursuant to Certificates of approval.this section. Such corporation, association or officer shall, upon approving the position and manner of marking of such load line or lines, issue a certificate, in a form to be prescribed by the Secretary of Commerce, that the same are in accordance with the provisions of this Act and of the regulations established thereunder, and Unlawful for vessel to depart without.shall deliver a copy thereof to the master of the vessel.
It shall be unlawful for any vessel subject to this Act and to said regulations to depart from any port or place designated in section 1 without 889bearing such mark or marks, approved and certified by such corporation, 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 Loading provisions.to the regulations established thereunder to be so loaded as to submerge 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 Exemptions of vessels of foreign country, complying with its load line laws.laws and regulations in force in any foreign country relating to load lines are equally effective with the regulations established 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 compliance with the provisions of this Act, except as hereinafter provided: *Provided*, That this section shall not apply to the vessels *Proviso*.Reciprocal recognition.of any foreign country which does not similarly recognize the load lines established under this Act and the regulations made thereunder.
Sec. 6. It shall be the duty of the master of every vessel subject Entry on log book of load line position before departing.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 complaint Detention of vessel violating provisions.or otherwise that a vessel subject to the provisions of this Act is about to proceed on a voyage from a port in the United States or its possessions within his district without conforming to the provisions of section 3 hereof, or when loaded in violation of section 4 hereof, or that any vessel exempted pursuant to section 5 hereof is about to proceed on a voyage from such port when 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 purpose 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 vessel does not conform to the provisions of section 3 hereof, the collector shall cause an examination of the vessel to be made, and if from such examination it appears that the vessel is not marked with the load line established in conformity with the provisions of this Act, the collector shall so notify the master or officer in charge of such vessel and shall detain her until a load line shall have been duly established in accordance with section 3 hereof, provided that in cases of exceptional hardship, subject to regulations Provisional load line in emergency permitted.issued by the Secretary of Commerce, the collector may cause a proper load line to be provisionally established by one of the agencies or persons designated under section 3 hereof, which provisional 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 Loading of vessel to be examined by disinterested surveyors.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 submerge said provisional load line and if from such report it appears that 890the vessel is so loaded, the collector 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 Further examinations.said provisional load line or lines.
Where the detention is on the 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 so as to Appeal to Secretary of Commerce and further survey allowed.conform to the provisions of sections 4 or 5 hereof.
If a vessel is ordered detained by a collector acting under the provisions of this section, the master may within five days appeal to the Secretary of Commerce, who, if he so desires, may order a further survey 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. Sec. 8. Penalties.Departing without proper marking.
(a)If the owner or master of any vessel subject to this Act 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 Foreign registry vessels.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 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 of Secretary.United States in a penalty of $500. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed under this paragraph, or discontinue prosecution therefor on such terms as he may deem proper.
(b)Failing to make required entry in log book. If the master of any vessel subject to this Act, or of any 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 paragraph.
(c)Permitting vessel to depart or arrive with submerged load line, etc. If any person shall knowingly permit or cause or attempt to cause any vessel subject to this Act 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 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, reasonable and justifiable. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed under this paragraph.
(d)Permitting detained vessel to depart. If the master of any vessel or any other person shall knowingly permit or cause or attempt to cause any vessel to depart from 891any port or place in the United States or its possessions in violation of any order of detention made pursuant to section 7, he shall, in respect of each offense, be guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed three months, or both such fine and imprisonment, in the discretion of the court.
(e)If any person shall conceal, remove, alter, deface, or obliterate Concealing, obliterating, etc., load line marks.or shall suffer any person under his control to conceal, remove, alter, deface, or obliterate any mark or marks placed on a vessel pursuant to this Act or to the regulations established thereunder, except in the event of lawful change of said marks, or to prevent capture by an enemy, he shall in respect of each offense be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000, or by imprisonment not to exceed one year, or both such fine and imprisonment, in the discretion of the court.
(f)Whenever the owner, manager, agent, or master of a vessel Liability of vessel when owner, etc., subject to fine.shall become subject to a fine or penalty by way of money payment pursuant to the provisions of this Act, the vessel shall also be liable therefor and may be seized and proceeded against in the district court of the United States in any district in which such vessel may be found. Sec. 9. The provisions of this Act shall become effective as to Effective dates.vessels of four thousand gross tons and upwards, not later than three months, and as to all other vessels subject hereto, not later than twelve months from and after the date of approval thereof. This Act may be cited as the “Coastwise Load Line Act, 1935”. Citation of Act. Approved, August 27, 1935. To promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes. 1935-08-27 748 Chapter 49 Stat. 891 74 1 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 2025-01-07 public [CHAPTER 748.] AN ACT To promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes. August 27, 1935.[[S. 2203](/us/bill/74/s/2203).][[Public, No. 355](/us/pl/74/355).] *Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled*, That a board is Development of Indian arts and crafts.“Indian Arts and Crafts Board” created.hereby created in the Department of the Interior to be known as “Indian Arts and Crafts Board”, and hereinafter referred to as the Board. The Board shall be composed of five commissioners, Membership, terms of office, etc.who shall be appointed by the Secretary of the Interior as soon as possible after the passage of this Act and shall continue in office, two for a term of two years, one for a term of three years, and two for a term of four years from the date of their appointment, the term of each to be designated by the Secretary of the Interior, but their successors shall be appointed for a term of four years except that any person chosen to fill a vacancy shall be appointed for the unexpired term of the commissioner whom he succeeds. Both public officers and private citizens shall be eligible for membership on the Board. The Board shall elect one of the commissioners as chairman. One or two vacancies on the Board shall not impair the right of the remaining commissioner’s to exercise all the powers of the Board. The commissioners shall serve without compensation: *Provided*, Commissioners; compensation, expenses.That each Commissioner shall be reimbursed for all actual expenses, including travel expenses, subsistence and office overhead, which the Board shall certify to have been incurred as properly incidental to the performance of his duties as a member of the Board. Sec. 2. It shall be the function and the duty of the Board to Functions and duty of Board.promote the economic welfare of the Indian tribes and the Indian wards of the Government through the development of Indian arts and crafts and the expansion of the market for the products of 892Extending markets for products. Indian art and craftsmanship. In the execution of this function the Board shall have the following powers:
(a)To undertake market research to determine the best opportunity for the sale of various Technical studies, etc.products;
(b)to engage in technical research and give technical advice and assistance;
(c)to engage in experimentation directly or through selected agencies;
(d)to correlate and encourage the activities of the various governmental and private agencies in the field;
(e)to offer assistance in the management of operating groups for the furtherance of specific projects;
(f)to make recommendations to appropriate agencies for loans in furtherance of the production Trade marking.and sale of Indian products;
(g)to create Government trade marks of genuineness and quality for Indian products and the products of Establishing standards.Licenses for use of.particular Indian tribes or groups; to establish standards and regulations for the use of such trade marks; to license corporations, associations, or individuals to use them; and to charge a fee for their use; to register them in the United States Patent Office without Personal services.charge;
(h)to employ executive officers, including a general manager, and such other permanent and temporary personnel as may be found necessary, and prescribe the authorities, duties, responsibilities, and tenure and fix the compensation of such officers and other *Proviso*.Appointments in accordance with Classification and Civil Service Acts.Vol. 42, p. 1488; [U. S. C., p. 85](/us/usc/p85).employees: *Provided*, That the Classification Act of 1923, as amended, shall be applicable to all permanent employees except executive officers, and that all employees other than executive officers shall be appointed in accordance with the civil-service laws from lists of eligibles to be supplied by the Civil Service Commission; Business contracts.(i) as a Government agency to negotiate and execute in its own name contracts with operating groups to supply management, personnel, and supervision at cost, and to negotiate and execute in its own name such other contracts and to carry on such other business as may be necessary for the accomplishment of the duties and purposes *Proviso*.Unauthorized acts.of the Board: *Provided*, That nothing in the foregoing enumeration of powers shall be construed to authorize the Board to borrow or lend money or to deal in Indian goods. Sec. 3. Rules prescribed. The Board shall prescribe from time to time rules and regulations governing the conduct of its business and containing such provisions as it may deem appropriate for the effective execution and administration of the powers conferred upon it by this Act: *Proviso*.Regulating disbursements.Approval of Secretary of the Interior.*Provided*, That before prescribing any procedure for the disbursement of money the Board shall advise and consult with the General Accounting Office: *Provided further*, That all rules and regulations proposed by the Board shall be submitted to the Secretary of the Interior and shall become effective upon his approval. Sec. 4. Appropriation authorized for expenses.*Post*, p. 1768. There is hereby authorized to be appropriated out of any sums in the Treasury not otherwise appropriated such sums as may be necessary to defray the expenses of the Board and carry out the Receipts to constitute special fund; expenditures therefrom.purposes and provisions of this Act. All income derived by the Board from any source shall be covered into the Treasury of the United States and shall constitute a special fund which is hereby appropriated and made available until expended for carrying out the purposes and provisions of this Act. Out of the funds available to it at any time the Board may authorize such expenditures, consistent with the provisions of this Act, as it may determine to be necessary for the accomplishment of the purposes and objectives of this Act. Sec. 5. Counterfeiting, etc. Any person who shall counterfeit or colorably imitate any Government trade mark used or devised by the Board as provided in section 2 of this Act, or shall, except as authorized by the Board, affix any such Government trade mark, or shall knowingly, willfully, and corruptly affix any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, Indian or otherwise, 893or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products, or any person who shall knowingly make any false statement False statements.for the purpose of obtaining the use of any such Government trade mark, shall be guilty of a misdemeanor, and upon conviction thereof shall be enjoined from further carrying on the act or acts Punishment for.complained of and shall be subject to a fine not exceeding $2,000, or imprisonment not exceeding six months, or both such fine and imprisonment. Sec. 6. Any person who shall willfully offer or display for sale Fraudulent practices, etc.any goods, with or without any Government trade mark, as Indian products or Indian products of a particular Indian tribe or group, resident within the United States or the Territory of Alaska, when such person knows such goods are not Indian products or are not Indian products of the particular Indian tribe or group, shall be guilty of a misdemeanor and be subject to a fine not exceeding $2,000 or imprisonment not exceeding Punishment for.six months, or both such fine and imprisonment. It shall be the duty of each district attorney, to whom the Board Enforcement provisions.shall report in writing any violation of the provisions of this section which has occurred within his jurisdiction, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States for the enforcement of the penalties herein provided. Approved, August 27, 1935. To amend the Act entitled “An Act to provide for the collection and publication of statistics of tobacco by the Department of Agriculture”, approved January 14, 1929, as amended. 1935-08-27 749 Chapter 49 Stat. 893 74 1 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 2025-01-07 public [CHAPTER 749.] AN ACT To amend the Act entitled “An Act to provide for the collection and publication of statistics of tobacco by the Department of Agriculture”, approved January 14, 1929, as amended. August 27, 1935.[[S. 2215](/us/bill/74/s/2215).][
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