of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the person ordering the repairs, supplies, or other necessaries was without authority to bind the vessel therefor. (41 Stat. 1005.) See note to § 81464, ante. Notes of Decisions Master's authority to bind vessel.A charter of a vessel, which provided that the charterer would not suffer or permit to be continued any lien, and would satisfy or discharge the vessel from such lien in any event within 15 days after it was imposed, did not authorize the master to bind the vessel for supplies furnished to it, since the primary undertaking was that the lien should not be imposed, and the provision for removal applied only if such lien were imposed in spite of the primary undertaking. U. S. v. Carver, 43 S. Ct. 181, 67 L. Ed. -. Person furnishing supplies in disregard of owner's notice.-One furnishing supplies to a vessel on orders of the master, after receipt of notice from the owners not to furnish supplies, except on their order, held not entitled to a lien therefor under subsecs. P. Q. R. The Majestic II (D. C. Fla.) 285 F. 91. Notice of charter provisions.-Under Act June 23, 1910 (Comp. St. §§ 77837787), and Ship Mortgage Act, being section 30, subsecs. P-R, of Merchant Marine Act, June 5, 1920, providing that nothing therein shall be construed to confer a lien, when the furnisher knows, or by the exercise of reasonable diligence could have ascertained, that because of the terms of a charter party the person ordering the repairs or other necessaries was without authority to bind the vessel, the materialman cannot rely on presumptions until he is put on inquiry, but is called on to inquire, since to "ascertain" is to find out by investigation, and he is chargeable with notice of the existence of the charter, and with its terms, if he could have ascertained either by reasonable investigation. U. S. v. Carver, 43 S. Ct. 181, 67 L. Ed. § 81461/ppp. (Act June 5, 1920, c. 250, § 30, subsec. S.) Waiver of right to lien. Nothing in this section shall be construed to prevent the furnisher of repairs, supplies, towage, use of dry dock or marine railway, or other necessaries, or the mortgagee, from waiving his right to a lien, or in the case of a preferred mortgage lien, to the preferred status of such lien, at any time, by agreement or otherwise; and this section shall not be construed to affect the rules of law now existing in regard to (1) the right to proceed against the vessel for advances, (2) laches in the enforcement of liens upon vessels, (3) the right to proceed in personam, (4) the rank of preferred maritime liens among themselves, or (5) priorities between maritime liens and mortgages, other than preferred mortgages, upon vessels of the United States. (41 Stat. 1005.) See note to § 81464, ante. § 8146149. (Act June 5, 1920, c. 250, § 30, subsec. T.) State statutes superseded. This section shall supersede the provisions of all State statutes conferring liens on vessels, in so far as such statutes purport to create rights of action to be enforced by suits in rem in admiralty. against vessels for repairs, supplies, towage, use of dry dock or marine railway, and other necessaries. (41 Stat. 1006.) See note to § 81464, ante. MISCELLANEOUS PROVISIONS § 81461/4qq. (Act June 5, 1920, c. 250, § 30, subsec. U.) Existing mortgages not affected. This section shall not apply (1) to any existing mortgage, or (2) to any mortgage hereafter placed on any vessel now under an existing mortgage, so long as such existing mortgage remains undischarged. (41 Stat. 1006.) See note to § 81464, ante. § 81461/49qq. (Act June 5, 1920, c. 250, § 30, subsec. V.) Books for collectors of customs. The Secretary of Commerce is authorized and directed to furnish collectors of customs with all necessary books and records, and with certificates of registry and of enrollment and license in such form as provides for the making of all indorsements thereon required by this section. (41 Stat. 1006.) See note to § 81464, ante. 814614r. (Act June 5, 1920, c. 250, § 30, subsec. W.) Rules and regulations by Secretary of Commerce. The Secretary of Commerce is authorized to make such regulations in respect to the recording and indorsing of mortgages covering vessels of the United States, as he deems necessary to the efficient execution of the provisions of this section. (41 Stat. 1006.) See note to § 81464, ante. § 814614rr. (Act June 5, 1920, c. 250, § 30, subsec. X.) Acts repealed. Sections 4192 to 4196, inclusive, of the Revised Statutes of the United States, as amended, and the Act entitled "An Act relating to liens on vessels for repairs, supplies, or other necessaries," approved June 23, 1910, are repealed. This section, however, so far as not inconsistent with any of the provisions of law so repealed, shall be held a reenactment of such repealed law, and any right or obligation based upon any provision of such law and accruing prior to such repeal, may be prosecuted in the same manner and to the same effect as if this Act had not been passed. (41 Stat. 1006.) See note to § 81464, ante. § 81461/4rrr. (Act June 5, 1920, c. 250, § 34.) Termination of certain treaties or conventions. In the judgment of Congress, articles or provisions in treaties or conventions to which the United States is a party, which restrict the right of the United States to impose discriminating customs duties on imports entering the United States in foreign vessels and in vessels of the United States, and which also restrict the right of the United States to impose discriminatory tonnage dues on foreign vessels and on vessels of the United States entering the United States should be terminated, and the President is hereby authorized and directed within ninety days after this Act becomes law to give notice to the several Governments, respectively, parties to such treaties or conventions, that so much thereof as imposes any such restriction on the United States will terminate on the expiration of such periods as may be required for the giving of such notice by the provisions of such treaties or conventions. (41 Stat. 1007.) See note to § 81464, ante. § 814614s. (Act June 5, 1920, c. 250, § 35.) Powers of Board; how exercised. The power and authority vested in the board by this Act, except as herein otherwise specifically provided, may be exercised directly by the board, or by it through the United States Shipping Board Emergency Fleet Corporation. (41 Stat. 1007.) See note to § 81464, ante. § 814614ss. (Act June 5, 1920, c. 250, § 36.) Partial invalidity of act. If any provision of this Act is declared unconstitutional or the application of any provision to certain circumstances be held invalid, the remainder of the Act and the application of such pro visions to circumstances other than those as to which it is held invalid shall not be affected thereby. (41 Stat. 1007.) See note to § 81464, ante. § 814614sss. (Act June 5, 1920, c. 250, § 37.) Definitions. When used in this Act, unless the context otherwise requires, the terms "person," "vessel," "documented under the laws of the United States," and "citizen of the United States" shall have the meaning assigned to them by sections 1 and 2 of the "Shipping Act, 1916," as amended by this Act; the term "board" means the United States Shipping Board; and the term "alien" means any person not a citizen of the United States. (41 Stat. 1008.) See note to § 81464, ante. § 814614t. (Act June 5, 1920, c. 250, § 39.) Citation of act. This Act may be cited as the Merchant Marine Act, 1920. (41 Stat. 1008.) See note to § 81464, ante. (2367) TITLE LII-REGULATION OF STEAM-VESSELS Sec. CHAPTER ONE-INSPECTION 8151. What vessels are deemed steam- 8153. Vessels navigating coastwise and 8159. Meetings of board; assignment $166. Regulations as to steamers passing each other. 8170a. Clerks to boards of steamboat inspectors. 8172. Inspection of hulls and equip ments; exemption of vessels Sec. while laid up; enforcement of requirements. 8179. Equipment of seagoing barges 8190. Tug-boats, freight-boats, etc. cers. 8214a. Appeals to supervising inspectors and to Supervising Inspector General; application for. 8214b. Same; powers of supervising inspectors and Supervising Inspector General. 8214c. Same; modification of decisions on review. 8214d. Same; regulations. § 8151. (R. S. § 4399.) What vessels are deemed steam-vessels. Cited without definite application, Petition of Canadian Pac. Ry. Co. (D. C. Wash.) 278 F. 180; 30 Op. Atty. 1 § 8152. (R. S. § 4400, as amended, Act Aug. 7, 1882, c. 441, § 1, Act March 1, 1895, c. 146, § 1, Act Feb. 15, 1902, c. 23, and Act March 17, 1906, c. 955.) What vessels are subject to the provisions of this Title; reciprocal acceptance of foreign certificates of inspection; fees. 12. Foreign vessels.-The proviso to Rev. St. § 4488, added by amendment by Seamen's Act March 4, 1915, § 14 (Comp. St. § 8258), "that foreign vessels, leaving ports of the United States, shall comply with the rules herein prescribed as to life-saving appliances, their equipment and the manning of same," applies only to such foreign vessels as are subject to the operation of the original section, as defined in this section. Petition of Canadian Pac. Ry. Co. (D. C. Wash.) 278 F. 180. Only foreign private steam vessels carrying passengers from any port of the United States to any other place 8152a. (Act Oct 25, 1919, c. 82.) or country, which are not exempt by reason of the conditions set forth in this section are subject to said regulations. 30 Op. Atty. Gen. 441. 15. Certificate of inspection in general. An unexpired certificate of inspection by Canadian authorities held by a Canadian steamship at the time of her sinking, and a United States certificate issued pursuant to this section, held to establish that she was properly equipped. Petition of Canadian Pac. Ry. Co. (D. C. Wash.) 278 F. 180. Cited without definite application, 30 Op. Atty. Gen. 537. Vessels subject to provisions of Title; United States Shipping Board vessels. All steam vessels owned or operated by the United States Shipping Board, or any corporation organized or controlled by it, shall be subject to all the provisions of title 52 of the Revised Statutes of the United States for the regulation of steam vessels and acts. amendatory thereof or supplemental thereto. (41 Stat. 305.) This is an act entitled "An act extending the provisions for the regulation of steam vessels to vessels owned or operated by the United States Shipping Board, and for other purposes," cited above. This act became a law without the signature of the President by lapse of time. § 8153. (R. S. § 4401.) Vessels navigating coastwise and on the Great Lakes. "Coastwise seagoing steam vessels." -"Coastwise seagoing steam vessels," required by this section, to have a licensed pilot, are vessels engaged in the domestic trade or plying between port and port in the samé country, as distinguished from those engaged in foreign trade, and the provision does not apply to foreign ships. Petition of Canadian Pac. Ry. Co. (D. C. Wash.) 278 F. 180. Liability of vessel and owners.Where the pilot in charge of a vessel, whose negligent orders resulted in the collision, was not a compulsory pilot, but one voluntarily accepted as the re sult of a contract, the vessel is liable in rem. The Maren Lee (C. C. A. N. Y.) 278 F. 918. Master, who navigated heavily laden vessel without a license, in violation of this section, down a narrow channel, without a proper lookout, in a dense fog, at full speed, and who failed to stop the engine and navigate with caution when he heard fog signal of approaching vessel, as required by 26 Stat. 320, art. 16 (Comp. St. § 7854), held negligent, rendering the vessel at fault for collision with the approaching vessel. The Walter D. Noyes (D. C. Va.) 275 F. 690. § 8155. (R. S. § 4402, as amended, Act July 2, 1918, c. 115.) Supervising inspector-general and deputy supervising inspectorgeneral; qualifications and appointment. The Commerce and Labor Departments appropriation act for the year 1923, Act March 28, 1922, c. 117, title I, 42 Stat. 474, makes the following appropriations: "Steamboat-Inspection Service. Salaries. Supervising. Inspector General $5,000; Deputy Supervising Inspector General, $3,000; private secretary, $1,500; clerks-one of class four, two of class three, one of class two, two of class one, two at $1,000 each, two at $900 each; messenger, $840; in all, $22.940. "Steamboat inspectors: $34,500; For ten supervising inspectors, at $3,450 each, "Inspectors of hulls and inspectors of boilers, as authorized by law, $225,900; "Assistant inspectors, as authorized by law, for the following ports: New York, thirty-four at $2,500 each; New Orleans, six at $2,350 each; Baltimore, eight at $2,350 each; Providence, four at $2,350 each; Boston, six at $2,350 each; Philadelphia, fourteen at $2,350 each; San Francisco, twelve at $2,350 each; Buffalo, six at $2,100 each; Cleveland, six at $2,100 each; Milwaukee, four at $2,100 each; Chicago, four at $2,100 each; Grand Haven, two at $2,100 each; Detroit, four at $2,100 each; Norfolk, eight at $2,100 each; Seattle, twelve at $2,100 each; Portland (Oregon), four at $2,100 each; Albany (New York), two at $2,100 each; Duluth, two at $2,100 each; Portland (Maine), two at $2,100 each; Los Angeles, two at $2,100 each; Savannah, two at $2,100 each; Toledo, two at $2,100 each; Galveston, two at $2,100 each; Mobile, two at $2,100 each; three traveling inspectors, at $3,000 each; in all, $350,100; "In all, for inspectors, Steamboat-Inspection Service, $610,500." § 8159. (R. S. § 4405, as amended, Act March 3, 1905, c. 1453, § 1, and Act Feb. 8, 1907, c. 892.) Meetings of board; assignment of districts; executive committee and powers thereof. See Petition of Canadian Pac. Ry. Co. (D. C. Wash.) 278 F. 180. Cited without definite application, Bulger v. Benson (C. C. A. Wash.) 262 F. 929; Alwen v. Fisher (D. C. Wash.) 279 F. 164. § 8166. (R. S. § 4412.) Regulations as to steamers passing each other. Binding force of rules.-Under the statutory rules for navigation on the Mississippi river and the pilot rules 2 SUPP.U.S.COMP. '23-149 made under this section, if an ascending steamer gave the signal for a port to port passing, or gave no signal, a (2369) |