Public Law 648.

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(/us/bill/75/public/647)] *Be it, enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the provisionsYachts, tugs, unrigged vessels, etc.Manning of certain merchant vessels by certificated personnel; exceptions.[49 Stat. 1930](/us/stat/49/1930).[46 U. S. C., Supp. III, § 672](/us/usc/t46/s672). of section 1 of the Act of Congress approved June 25, 1936, as amended (U. S. C., 1934 edition, Supp. II, title 46, sec. 643), requiring the manning of certain merchant vessels by persons holding certificates of service or efficiency issued by the Bureau of Marine Inspection and Navigation shall not apply as to unrigged vessels, except seagoing barges, and that, insofar as said provisions apply to tugs and towboats, the said provisions are hereby modified as follows:

(a)Able seamen shall not be required in the deck crew of tugsTugs and towboats.Able seamen In deck crew. and towboats on the bays and sounds connected directly with the seas, and every person may be rated an able seaman for the purpose 52 Stat. 754of serving on tugs and towboats on the seas who is nineteen years of age and upwards and who has had at least eighteen months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas; and

(b)Service and rating; requirements. Service and rating at least equal to that of coal passer or wiper in the engine department of tugs and towboats operating on the seas or Great Lakes or on the bays and sounds connected directly with the seas shall be considered as meeting the requirement of subsection

(e)of section 1 of said Act which requires that an applicant for rating under that subsection shall produce to the inspector of the Bureau of Marine Inspection and Navigation definite proof of at least six months’ service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by said Act to have such certificated men. Other provisions operative.Nothing in this section shall restrict or modify any of the other provisions of section 1 of said Act which must be complied with before the certificates therein authorized can be granted. Sec. 2. Crew quarters, unrigged vessels, etc. That the provisions of section 4 of the Act aforesaid shall not apply to unrigged vessels except seagoing barges. Sec. 3. Continuous discharge book requirements; exception.[50 Stat. 49](/us/stat/50/49).[40 U. S. C., Supp. III, § 613](/us/usc/t40/s613). Provisions of section 4551 of the Revised Statutes of the United States, as amended, approved March 24, 1937 (Public, Numbered 25, Seventy-fifth Congress), shall not apply to unrigged vessels except seagoing barges. Sec. 4. Definitions. That when used m this Act—

(1)“Unrigged vessel.”The term “unrigged vessel” means any vessel that is not self-propelled;

(2)“Seagoing barge.”The term “seagoing barge” means any barge which from its design and construction may be reasonably expected to encounter and ride out the ordinary perils of the seas and which in fact in the usual course of its operations passes outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of [28 Stat. 672](/us/stat/28/672).[33 U. S. C. § 151](/us/usc/t33/s151)February 19, 1895, as amended (U. S. C., 1934 edition, title 33, sec. 151). Approved, June 16, 1938. To amend the Veterans’ Regulation Numbered 10 pertaining to “line of duty” for peacetime veterans, their widows, and dependents, and for other purposes.’ 1938-06-16 468 Chapter 52 Stat. 754 75 3 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 2024-11-15 public [CHAPTER 468] AN ACT To amend the Veterans’ Regulation Numbered 10 pertaining to “line of duty” for peacetime veterans, their widows, and dependents, and for other purposes.’ June 16, 1938[[H. R. 7880](/us/bill/75/hr/7880)][[Public, No. 648](/us/pl/75/648)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Veterans.Injury or disease incurred in line of duty.Veterans’ Regulation No. 10, amendment.[38 U. S. C., ch. 12](/us/usc/t38/s12), Appendix.“in lino of duty” construed. That paragraphs VIII and IX of Executive Order Numbered 6098, dated March 31, 1933 (Veterans’ Regulation Numbered 10 (39 U. S. C., ch. 12, Appendix)) be amended to read as follows:" “Par. VIII. An injury or disease will be deemed to have been incurred ‘in line of duty’ when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in the active service in the military or naval forces, whether on active duty or on authorized leave, unless it appears that the injury or disease has been caused by misconduct on his part:*Proviso*.Requirement not considered met in specified cases. *Provided, however,* That the requirement will not be met if it appears that at the time the injury was suffered or disease contracted, the person on whose account benefits are claimed

(1)was avoiding duty by deserting the service or by absenting himself without leave;

(2)was confined under sentence of court martial or civil court or was resisting lawful arrest;

(S)was relieved from all active performance of duty by command of his superior officer as a result of the intemperate use of drugs or alcoholic liquor or because of injury 52 Stat. 755or disease contracted or suffered as a result of his own misconduct;

(4)was acting in disobedience of the lawful orders of his superior officer or in violation of the rules and regulations of his organization; or

(5)whether at his post or lawfully absent, if the injury or disease was in fact, caused by something not involving misconduct but done in pursuing some private business or avocation. “Where the injury or disease occurs while on leave, the burden ofWhere injury or disease occurs while on leave. proof shall be on the claimant to show that it was incurred in the line of duty, but where the injury or disease occurs while at camp or post of duty, the burden shall be upon the Government to show that the disability was not in line of duty. “Par. IX. A disability will be held to have resulted from misconductDisability due to venereal disease. when it is due to venereal disease, unless it is affirmatively shown that the disease was, in fact, innocently acquired, or when caused by an act of commission or omission, wrong in itself; or by an act contrary to the principles of good morals; or as a result of gross negligence, gross carelessness, alcoholism, drug addiction, or self-infliction of wounds.” " Approved, June 16, 1938. To authorize the Secretary of the Navy to accept on behalf of the United States certain land in the city of Los Angeles, California, with Improvements thereon. 1938-06-16 469 Chapter 52 Stat. 755 75 3 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 2024-11-15 public [CHAPTER 469] AN ACT To authorize the Secretary of the Navy to accept on behalf of the United States certain land in the city of Los Angeles, California, with Improvements thereon. June 16, 1938[[H. R. 9258](/us/bill/75/hr/9258)][

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