demeanor" as any offense other than an offense punishable by death or imprisonment for a term exceeding one year, notwithstanding any Act of Congress to the contrary. The offense described is a felony; "an officer or employee designated by the Secretary to execute any of the provisions of this chapter" or variations thereof have been substituted for "the collector of customs" and "the collector" in subsection (b) in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs."; and "of the Commonwealth of Puerto Rico" are included in subsection (b) to reflect the current status of that former possession. See act July 3, 1950, c. 446, §§ 1-6, 64 Stat. 319; § 1 of the Constitution of Puerto Rico (48 USC 731b-e, 737). The word "territories" has been substituted for "Territories" in subsection (b) because, with the admission of Alaska and Hawaii as States, there are no more incorporated Territories to/which the term "Territory" is applicable. The word "judicial" has been inserted before the word "district" in the penultimate sentence of subsection (b) for the sake of clarity so that the "district" referred to may not be misconstrued as a "customs district." Changes have been made in arrangement and phraseology as required in the context of this act. SEC. 313. MORTGAGES EXISTING ON JUNE 5, 1920, NOT AFFECTED. This [section] chapter and the Ship Mortgage Act, 1920, as amended, shall not apply (1) to any [existing] mortgage existing on June 5, 1920, or (2) to any mortgage [hereafter] placed on any vessel under [an] a Lexisting] mortgage[] existing on June 5, 1920, so long as such existing mortgage remains undischarged. NOTE This section is based on title 46, U.S.C., 1964 ed., § 981 (June 5, 1920, c. 250, §30, subsec. U, 41 Stat. 1006). Changes have been made in phraseology as required in the context of this act. CHAPTER 4-VESSEL ADMEASUREMENT SEC. 401. MEASUREMENT OF VESSELS.—(a) Before any vessel shall be registered, enrolled, enrolled and licensed, or licensed, she shall be measured by [a surveyor, if there be one, or by the person he shall appoint, at the port or place where the vessel may be, and if there be none, by such person as the collector of the district within which she may be shall appoint.] an officer or employee designated by the Secretary for that purpose. But in all cases where a vessel has before been registered, enrolled, enrolled and licensed, or licensed as a vessel of the United States, it shall not be necessary to measure her anew for the purpose of obtaining another [register;] register, enrollment, enrollment and license, or license, unless such vessel shall have undergone some alteration as to her burden, subsequent to the time of her former [registry.] registry, enrollment, enrollment and licensing, or licensing. [Before any vessel, of the burden of five tons, and less than twenty tons, shall be licensed, the same measurement shall be made of such vessel, and the same provisions observed relative thereto, as are to be observed in case of measuring vessels to be registered or enrolled; but in all cases, where such vessel or any other licensed vessel shall have been once measured, it shall not be necessary to measure such vessel anew, for the purpose of obtaining another enrollment or license, unless such vessel shall have undergone some alteration as to her burden subsequent to the time of her former license.] (b) All measurements are to be taken in feet and decimal fractions of feet. NOTE This section is based on title 46, U.S.C., 1964 ed., §§ 71, 77, 252, 258, 260, 273 (R.S. §§ 4148, 4153, 4312, 4318, 4331; Feb. 27, 1877, c. 69, § 1, 19 Stat. 251; Apr. 24, 1906, c. 1865, § 1, 34 Stat. 136; Feb. 29, 1912, c. 47, 37 Stat. 70; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101– 104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; Aug. 14, 1958, Public Law 85-654, 72 Stat. 611; Sept. 29, 1965, Public Law 89-219, § 11, 79 Stat. 892; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317). R.S. § 4148 (46 U.S.C. 71) provides that a vessel shall be measured before she shall be registered; R.S. § 4331 (46 U.S.C. 273) provides that a vessel shall be measured before she shall be licensed; R.S. § 4312 (46 U.S.C. 252) provides that in order for the enrollment of any vessel, the same requirements in all respects shall be complied with as are required before registering a vessel; R.S. § 4318, as amended (46 U.S.C. 258), provides that any vessel of the United States, navigating the waters on the northern, northeastern, and northwestern frontiers, otherwise than by sea, shall be enrolled and licensed in such form as other vessels; and the act Apr. 24, 1906, as amended (46 U.S.C. 260), provides for the consolidation of forms of enrollment and license. The effect of the insertion of the words "enrolled, enrolled and licensed, or licensed" after "registered" in the first sentence and thereafter, therefore, is to consolidate R.S. §§ 4148 and 4331 (which latter section is deleted) and to incorporate the sense of R.S. §§ 4312 and 4318 and the act Apr. 24, 1906, so as to make clear that vessels must be measured as a requisite to obtaining any of the enumerated documents. The substitution of "an officer or employee designated by the Secretary for that purpose" in lieu of the words "a surveyor *** shall appoint" recognizes that the office of "surveyor" was abolished by act July 5, 1932, c. 430, title I, § 1, 47 Stat. 584 (19 U.S.C. 5a), and 1965 Reorganization Plan No. 1 and that the authority to delegate the measurement functions is in the Secretary of the Treasury. Subsection (b) of this section has been taken without change from R.S. § 4153 (46 U.S.C. 77), as amended by the act Sept. 29, 1965, § 11, Public Law 82-219, 79 Stat. 892. SEC. 402. VESSELS NOT REQUIRED TO BE MEASURED.-The provisions [foregoing relating to the measurement of vessels] of this chapter shall not be deemed to apply to any vessel not required by law to be registered, [or] enrolled, enrolled and licensed, or licensed, unless otherwise specially provided. NOTE This section is based on title 46, U.S.C. 1964 ed., § 76 (R.S. § 4152). "of this chapter" have been substituted for "foregoing relating to the measurement of vessels" as more accurately embracing all of the provisions relating to measurement instead of restricting the meaning to that of the preceding section only; and "enrolled and licensed" have been inserted after "enrolled" to make this section consistent with the preceding section. SEC. 403. MEASUREMENT FOR RECORD; CERTIFICATE.-The [collector] officer or employee designated by the Secretary for that purpose shall cause [the] a vessel [so] built as specified in section 226 of this Act (relating to vessels to be recorded) to be [surveyed or] measured, and the person by whom such measurement is made shall grant a certificate thereof, as in the case of a vessel to be registered [, which certificate shall be countersigned by the builder, and by an owner o the master or person having the command or charge thereof, or by some other person being an agent for the owner thereof, in testimony of the truth of the particulars therein contained]. NOTE This section is based on title 46, U.S.C., 1964 ed., § 73 (R.S. § 4181; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317). The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in accordance with 1965 Reorganization Plan No. 1, which abolishes the office of "collector [of customs]," "as specified in section 226 of this Act (relating to vessels to be recorded) have been inserted so as to delineate with precision the effect of this section; "surveyed or" have been deleted because of the abolition of the office of surveyor by act July 5, 1932, c. 430, title I, § 1, 47 Stat. 584 (19 U.S.C. 5a), and 1965 Reorganization Plan No. 1; and "which certificate shall be countersigned by the builder, *** therein contained." have been deleted as inconsistent with R.S. § 4150 (46 U.S.C. 872) as amended by the act Sept. 29. 1965, § 9, Public Law 89-219, 79 Stat. 892, which provides that "The Secretary of the Treasury shall prescribe how evidence of admeasurement shall be given." See section 404 of this act. SEC. 404. EVIDENCE OF ADMEASUREMENT.-The Secretary [of the Treasury] shall prescribe how evidence of admeasurement shall be given. Å vessel's marine document shall specifiy such identifying dimensions, measured in such manner, as [the Secretary of the Treasury] he may prescribe. NOTE This section is based on title 46, U.S.C., 1964 ed., §§ 72, 74 (R.S. §§ 4149, 4150; Public Law 89–219, §§ 9, 10, Sept. 29, 1965, 79 Stat. 892). The words "of the Treasury" in the first line have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act. The word "he" has been substituted for "the Secretary of the Treasury" for the same reason. SEC. 405. CABINS OR STATEROOMS IN CERTAIN LOCATIONS ExCLUDED. No part of any vessel [shall be required by the preceding section to be measured or registered for tonnage] that is used for cabins or staterooms[] and constructed entirely above the first deck [,] which is not a deck to the hull shall be required to be measured for tonnage. NOTE This section is based on title 46, U.S.C., 1964 ed., § 75 (R.S. § 4151). The words "measured for tonnage" have been substituted for "measured or registered for tonnage" as consistent with sections 401 and 403 of this act which make clear that a vessel must be measured as a requisite to obtaining a register, enrollment, enrollment and license, license, or certificate of record; and "by the preceding section" are deleted as surplusage. SEC. 406. TONNAGE DETERMINATION; MARKING NET TONNAGE; PENALTY. [The tonnage deck, in vessels having three or more decks to the hull, shall be the second deck from below; in all other cases the upper deck of the hull is to be the tonnage deck. All measurements are to be taken in feet and decimal fractions of feet.] The register tonnage of every vessel built within the United States or owned by a citizen or citizens thereof shall be her entire internal cubical capacity in tons of one hundred cubic feet each, to be ascertained as follows: Measure the length of the vessel in a straight line along the upper side of the tonnage deck (defined as the second deck from below in vessels having three or more decks to the hull, and in all others as the upper deck of the hull), from the inside of the inner plank, average thickness, at the side of the stem to the inside of the plank on the stern timbers, average thickness, deducting from this length what is due to the rake of the bow in the thickness of the deck, and what is due to the rake of the stern timber in the thickness of the deck, and also what is due to the rake of the stern timber in one-third of the round of the beam; divide the length so taken into the number of equal parts required by the following table, according to the class in such table to which the vessel belongs: TABLE OF CLASSES Class one. Vessels of which the tonnage length according to the above measurement is fifty feet or under: into six equal parts. Class two. Vessels of which the tonnage length according to the above measurement is above fifty feet, and not exceeding one hundred feet: into eight equal parts. Class three. Vessels of which the tonnage length, according to the above measurement is above one hundred feet, and not exceeding one hundred and fifty feet: into ten equal parts. Class four. Vessels of which the tonnage length according to the above measurement is above one hundred and fifty feet, and not exceeding two hundred feet: into twelve equal parts. Class five. Vessels of which the tonnage length according to the above measurement is above two hundred feet, and not exceeding two hundred and fifty feet: into fourteen equal parts. Class six. Vessels of which the tonnage length according to the above measurement is above two hundred and fifty feet: into sixteen equal parts. Then, the hold being sufficiently cleared to admit of the required depths and breadths being properly taken, find the transverse area of such vessel at each point of division of the length as follows: Measure the depth at each point of division from a point at a distance of one-third of the round of the beam below such deck; or, in case of a break, below a line stretched in continuation thereof, to the upper side of the floor timber, at the inside of the limber strake, after deducting the average thickness of the ceiling, which is between the bilge planks and limber strake; then, if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four equal parts; then measure the inside horizontal breadth, at each of the three points of division, and also at the upper and lower points of the depth, extending each measurement to the average thickness of that part of the ceiling which is between the points of measurement; number these breadths from above, numbering the upper breadth one, and so on down to the lowest breadth; multiply the second and fourth by four, and the third by two; add these products together, and to the sum add the first breadth and the last, or fifth; multiply the quantity thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area; but if the midship depth exceed sixteen feet, divide each depth into six equal parts, instead of four, and measure as before directed the horizontal breadths at the five points of division, and also at the upper and lower points of the depth; number them from above as before; multiply the second, fourth, and sixth by four, and the third and fifth by two; add these products together, and to the sum add the first breadth and the last, or seventh; multiply the quantities thus obtained by one-third of the common interval between the breadths; and the products shall be deemed the transverse area. Having thus ascertained the transverse area at each point of division of the length of the vessel, as required above, proceed to ascertain the register tonnage of the vessel in the following manner: Number the areas successively one, two, three, and so forth, number one being at the extreme limit of the length at the bow, and the last number at the extreme limit of the length at the stern; then, whether the length be divided according to the table into six or sixteen parts, as in classes one and six, or any intermediate number, as in classes two, three, four and five, multiply the second, and every evennumbered area by four, and the third, and every odd-numbered area, except the first and last, by two; add these products together, and to the sum add the first and last if they yield anything; multiply the quantities thus obtained by one-third of the common interval between the areas, and the product will be the cubical contents of the space under the tonnage deck; divide this product by one hundred, and the quotient, being the tonnage under the tonnage deck, shall be deemed to be the register tonnage of the vessel, subject to the additions hereinafter mentioned. If there be a break, a poop, or any other permanent closed-in space on the upper deck, or the spar deck, available for cargo, or stores, or for the berthing or accommodation of passengers or crew, the tonnage of such space shall be ascertained as follows: Measure the internal mean length of such space in feet, and divide it into an even number of equal parts of which the distance as under shall be most nearly equal to those into which the length of the tonnage deck has been divided; measure at the middle of its height the inside breadths, namely, one at each end and at each of the points of division, numbering them successively one, two, three, and so forth; then to the sum of the end breadths add four times the sum of the evennumbered breadths and twice the sum of the odd-numbered breadths, except the first and last, and multiply the whole sum by one-third of the common interval between the breadths; the product will give the mean horizontal area of such space; then measure the mean height between the planks of the decks, and multiply by it the mean horizontal area; divide the product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnage decks, ascertained as aforesaid. If a vessel has a third deck, or spar deck, the tonnage of the space between it and the tonnage deck shall be ascertained as follows: Measure in feet the inside length of the space, at the middle of its height, from the plank at the side of the stem to the plank on the timbers at the stern, and divide the length into the same number |