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[CHAPTER 161-18T SESSION]

[H. R. 3911]

AN ACT

To continue temporary authority of the Maritime Commission until March 1, 1948

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the paragraph under the head, "United States Maritime Commission" in title I of the Third Deficiency Appropriation Act, 1946 (Public Law 521, Seventy-ninth Congress, approved July 23, 1946), as amended by section 2 of Public Law 6, Eightieth Congress, approved February 26, 1947, and section 1 of said Public Law 6, Eightieth Congress, and the first two sentences of section 11 (a) and section 14 of the Merchant Ship Sales Act of 1946 (Public Law 321, Seventy-ninth Congress, approved March 8, 1946), are amended by striking out the dates "July 1, 1947" and "December 31, 1947", wherever either appear therein, and inserting in lieu thereof the date "March 1, 1948".

SEC. 2. That section 5 of the Merchant Ship Sales Act of 1946 is amended by adding at the end thereof the following subsection: "(d) Where an operator is engaged both in the foreign trade and in the domestic trade (coastwise or intercoastal), additional charter hire determined with reference to voyage profits of the chartered vessels, under regulations promulgated by the Maritime Commission, shall be computed, accounted for, and paid separately on such foreign trade and shall be computed, accounted for, and paid separately on such domestic trade, covering all voyages commencing subsequent to June 30, 1947."

Approved June 28, 1947.

[CHAPTER 212-18T SESSION]

(H. R. 3333)

AN ACT

To authorize the transfer of the Joseph Conrad to the Marine Historical Association of Mystic, Connecticut, for museum and youth-training purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Maritime Commission is authorized to give and deliver (at her present location, Saint Petersburg, Florida) to the Marine Historical Association of Mystic, Connecticut, the Joseph Conrad for use by the Marine Historical Association of Mystic, Connecticut, as a museum and for youthtraining purposes to be in large part devoted to creating interest in the merchant marine and maritime matters. The transfer of said ship to carry a provision that in the event the Maritime Commission should need the ship for training purposes, then it shall be transferred to the Maritime Commission. The Maritime Commission is also authorized to place in the museum pictures, relics, flags, displays, and documents, for the purpose of creating interest in the American merchant marine and maritime matters. In the event the Marine Historical Association of Mystic, Connecticut, should fail to accept under this Act, the Maritime Commission is authorized to give and deliver the said ship to the city of Saint Petersburg, Florida, for museum and youth-training purposes.

Approved July 9, 1947.

[CHAPTER 290-1ST SESSION]

[H. R. 3672]

AN ACT

To create an Academic Advisory Board for the United States Merchant Marine Academy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States Maritime Commission is authorized to appoint an Academic Advisory Board of the United States Merchant Marine Academy which shall consist of not to exceed seven persons of distinction in the field of education who shall serve without pay. The members of the Board shall visit the United States Merchant Marine Academy at least once during the academic year for the purpose of examining the course of instruction and advising the superintendent relative thereto. The expenses of the Board while engaged in these duties, including the expense of travel, shall be defrayed under Government travel regulations from any appropriation for the authorized work of the Maritime Commission.

Approved July 22, 1947.

[PUBLIC LAW 277-80TH CONGRESS]

[CHAPTER 387-1ST SESSION]

(H. R. 1238]

AN ACT

To permit vessels of Canadian registry to transport certain merchandise between Hyder, A.aska, and points in the continental United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of section 27 of the Merchant Marine Act, 1920, as amended (U. S. C., 1940 edition, title 46, sec. 883), vessels of foreign registry shall be permitted until June 30, 1948, to transport products of, and supplies and equipment for, the Riverside Mine at Hyder, Alaska, between Hyder, Alaska, and other points in the United States, either directly or via a foreign port, or for any part of the transportation.

Approved July 30, 1947.

[CHAPTER 392-1ST SESSION]

[H. R. 2084]

AN ACT

To codify and enact into positive law, title 9 of the United States Code, entitled "Arbitration".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 9 of the United States Code, entitled "Arbitration", is codified and enacted into positive law and may be cited as “9 U. S. C., § —”, as follows:

TITLE 9-ARBITRATION

1. Maritime transactions and commerce defined; exceptions to operation of title.

§ 2. Validity, irrevocability, and enforcement of agreements to arbitrate.

3. Stay of proceedings where issue therein referable to arbitration.

4. Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination.

§ 5. Appointment of arbitrators or umpire.

§ 6. Application heard as motion.

§ 7. Witnesses before arbitrators; fees; compelling attendance.

§ 8. Proceedings begun by libel in admiralty and seizure of vessel or property.

§ 9. Award of arbitrators; confirmation; jurisdiction; procedure.

§ 10. Same; vacation; grounds; rehearing.

§ 11. Same; modification or correction; grounds; order.

§ 12. Notice of motions to vacate or modify; service; stay of proceedings.

§ 13. Papers filed with order on motions; judgment; docketing; force and effect; enforcement.

14. Contracts not affected.

"MARITIME TRANSACTIONS" AND "COMMERCE" DEFINED; EXCEPTIONS TO

OPERATION OF TITLE

§ 1. "Maritime transactions", as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction; "commerce", as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.

VALIDITY, IRREVOCABILITY, AND ENFORCEMENT OF AGREEMENTS TO

ARBITRATE

82. A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

STAY OF PROCEEDINGS WHERE ISSUE THEREIN REFERABLE TO ARBITRATION

§ 3. If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.

FAILURE TO ARBITRATE UNDER AGREEMENT; PETITION TO UNITED STATES COURT HAVING JURISDICTION FOR ORDER TO COMPEL ARBITRATION; NOTICE AND SERVICE THEREOF; HEARING AND DETERMINATION

§ 4. A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any court of the United States which, save for such agreement, would have jurisdiction under the judicial code at law, in equity, or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in such agreement. Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by law for the service of summons in the jurisdiction in which the proceeding is brought. The court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement. The hearing and proceedings, under such agreement, shall be within the district in which the petition for an order directing such arbitration is filed. If the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. If no jury trial be demanded by the party alleged to be in default, or if the matter in dispute is within admiralty jurisdiction, the court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may, except in cases of admiralty, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an

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