Page:United States Statutes at Large Volume 49 Part 1.djvu/1979

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1934

74TIl C ONGRESS . SESS . II. CH. 816. JUNE 25, 1936 . for maneuvering, shifting berth, mooring, or unmooring, the vessel or the performance of work necessary for the safety of the vessel, her passe ngers, crew, and c argo, or for the s aving of lif e aboa rd other vessels in jeopardy, or when in port or at sea, from requiring the whole or any part of the crew to participate in the performance of fire, lifeboat, or other drills . While such vessel is in a safe harbor no seaman shall be re quired to do any u nneces sary w ork on Sunda ys or the following-named days : New Year's Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, but this shall not prevent the dispatch of a vessel on regular schedule or when ready to proceed on her voyage . And at all times while such vessel is i n a safe harbor, eight h ours, in clusive of the anchor w atch, sh all constitute a day's work . Whenever the master of any vessel shall fail to comp ly with this sec tion and the reg ulation issued thereund er, the owner shall be liable to a penalty not to exceed $500, and the seamen shall be entitled to discharge from such vessel and to receive the wages earned . But this section shall not apply to vessels engaged in salvage operations : Provided, That in all tugs and barges subject to this section when engaged on a voyage of less than six hundred miles, the licensed officers and members of crews other than coal passers, firemen, oilers, and water tenders may, while at sea, be divided into not less than two watches, but nothing in this proviso shall be construed as repealing any part of section 4463 of the Revised Statutes . This section shall take effect six months after the enactment of this Act ." SEC . 3 . Section 4551 of the Revised Statutes (U . S . C., title 46, sec . 643) is amended to read as follows : "SEC . 4551 . (a) Every sea man u pon a merchant vessel of the United States of the burden of one hundred gross tons or upward, except v essels employed exclusively in trade on the navigable rivers of the United States, shall be furnished with a book, to be known as a `continuous discharge book', which shall be retained by him and which shall contain the signature of the seaman to whom it is so furnished and a statement of his nationality, age, personal description, photograph, and home address . Su ch bo oks shall be in such form a nd iss ued by the s hippin g comm ission ers an d coll ec- tors and deputy collectors of customs at ports where no shipping commissioners have been appointed in such manner as the Director of Bureau of Marine Inspection and Navigation, subject to the Issue by other per- approv al of the Se cretar y of C ommerc e, sha ll det ermine . Any per- sons, etc., unlawful . Unauthorized, etc., son, corporation, or association, other than a shipping commissioner, entries. or collector or deputy collector of customs, who shall issue or cause to be issued any such book or imitation thereof, or any person, other than the real owner, who uses or endeavors to use any such book, or who makes any statement or endorsement in any such bo ok not herein authorized, shall be deemed guilty of a misdemeanor and shall be imprisoned not less than one month nor more than three months, in the d iscretio n of the court . "(b) Upon the discharge of any seaman and the payment of his wages, the shipping commissioner shall enter in the continuous dis- charge book of such seaman the name of the vessel, the nature of the voyage (foreign or coastwise), the class to which the vessel belon gs (st eam, m otor, sail, or bar ge), t he dat e and place of the shipme nt and of th e disc harge of suc h seam an, an d the rating then he ld by su ch seaman . Whenever a seaman is discharged in any collection district where no shipping commissioner has been appointed, the master of the vessel shall perform the duties of such commi ssione r and shall make t he pro per en tries in suc h cont inuous discharge book ; and when the seamen are not required by law to be Saving life, fire drills, etc . In harbor . Work on Sundays or holidays . Hours of labor . Penalty for violation. Sa lv age operations excepted . Prer %so . Tugs and voy 600 mi ages les of . barges on less than R.S.,sec.4463,p.864. U.S.C.,p.2000. R.S .,sec.4551,p . 880. U.S.C.,p.2041. "Continuous dis- charge book ." Contents. Issu e of, by shippin g com mis si one rs, etc. Punishment for vio- la tion . Entry on seaman's discharge .