of passengers or crew, the tonnage of that space shall be ascertained as follows and added to the gross tonnage: Measure the internal mean length of such space in feet, and divide it into an even number of equal parts of which the distance asunder 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 1, 2, 3, etc.; 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 100 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: Provided, That nothing shall be added to the gross tonnage for any sheltered space above the upper deck which is under cover and open to the weather; that is, not inclosed.-(R. S., 4153. Mar. 2, 1895, sec. 1h.) 16. Hatchways.-The cubical contents of the hatchways shall be obtained by multiplying the length and breadth together and the product by the mean depth taken from the top of beam to the underside of the hatch. From the aggregate tonnage of the hatchways there shall be deducted one-half of 1 per cent of the gross tonnage, and the remainder only shall be added to the gross tonnage of the ship exclusive of the tonnage of the hatchways. (Feb. 6, 1909.) 17. Between decks.-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 of equal parts into which the length of the tonnage deck is divided; measure, also at the middle of its height, the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth at the stern; number them successively 1, 2, 3, etc., commencing at the stem; multiply the second and all other even-numbered breadths by 4, and the third, and all the other odd-numbered breadths, except the first and last, by 2; to the sum of these products add the first and last breadths; multiply the whole sum by onethird of the common interval between the breadths, and the result will give, in superficial feet, the mean horizontal area of such space; measure the mean height between the plank of the two decks, and multiply by it the mean horizontal area and the product will be the cubical contents of the space; divide this product by 100, and the quotient shall be deemed to be the tonnage of such space and shall be added to the other tonnage of the vessel ascertained as above directed. And if the vessel has more than three decks the tonnage of each space between decks above the tonnage deck shall be severally ascertained in the manner above described, and shall be added to the tonnage of the vessel, ascertained as above directed. (R. S. 4153.) 18. Open vessels. In ascertaining the tonnage of open vessels the upper edge of the upper strake is to form the boundary line of measurement, and the depth shall be taken from an athwartship line, extending from the upper edge of such strake at each division of the length. (R. S. 4153.) 19. Water ballast. In the case of a ship constructed with a double bottom for water ballast, if the space between the inner and outer plating thereof is certified by the collector to be not available for the carriage of cargo, stores, or fuel, then the depth of the vessel shall be taken to be the upper side of the inner plating of the double bottom, and that upper side shall for the purposes of measurement be deemed to represent the floor timber. (Mar. 2, 1895.) From the gross tonnage there shall be deducted any other space adapted only for water ballast certified by the collector not to be available for the carriage of cargo, stores, supplies, or fuel. (Feb. 6, 1909, sec. 2.) 20. Net tonnage. From the gross tonnage of every vessel of the United States there shall be deducted (Aug. 5, 1882)— 21. Crew accommodations.—(a) The tonnage of the spaces or compartments occupied by or appropriated to the use of the crew of the vessel. Every place appropriated to the crew of the vessel shall have a space of not less than 72 cubic feet and not less than 12 superficial feet, measured on the deck or floor of that place, for each seaman or apprentice lodged therein. The provisions of this act requiring a crew space of 72 cubic feet per man shall apply only to vessels the construction of which shall be begun after June 30, 1895. Such place shall be securely constructed, properly lighted, drained and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from the effluvium of cargo or bilge water; and failure to comply with this provision shall subject the owner to a penalty of $500. Every place so occupied shall be kept free from goods or stores of any kind not being the personal property of the crew in use during the voyage; and if any such place is not so kept free the master shall forfeit and pay to each seaman or apprentice lodged in that place the sum of 50 cents a day for each day during which any goods or stores as aforesaid are kept or stored in the place after complaint has been made to him by any 2 or more of the seamen so lodged. No deduction from tonnage as aforesaid shall be made unless there is permanently cut in a beam and over the doorway of every such place the number of men it is allowed to accommodate with these words, "Certified to accommodate seamen." (Mar. 2, 1895) Every place appropriated to the crew of a seagoing vessel of the United States, except a fishing vessel, yacht, a pilot boat, and all vessels under 200 tons register, shall have a space of not less than 72 cubic feet and not less than 12 square feet measured on the deck or floor of that place for each seaman or apprentice lodged therein: Provided, That any such seagoing sailing vessel built or rebuilt after June 30, 1898, shall have a space of not less than 100 cubic feet and not less than 16 square feet measured on the deck or floor of that space for each seaman or apprentice lodged therein. Such place shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water. Fishing vessels, yachts, and pilot boats are hereby exempted from the provisions of section 1 of chapter 173 of the laws of 1895, entitled "An act to amend section 1 of chapter 398 of the laws of 1882, entitled 'An act to provide for deductions from the gross tonnage of vessels of the United States,"" so far as said section prescribes the amount of space which shall be appropriated to the crew and provides that said space shall be kept free from goods or stores not being the personal property of the crew in use during the voyage. Every steamboat of the United States plying upon the Mississippi River or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section so far as they shall be applicable thereto by providing sleeping room in the engine room of the steamboats properly protected from the cold, winds, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck, under the direction and approval of the Supervising Inspector General of Steam Vessels, and shall be properly heated. Any failure to comply with this section shall subject the owner or owners to a penalty of $500. (Mar. 3, 1897, sec. 2.) 22. Deductions for other purposes. (b) Any space exclusively for the use of the master certified by the collector to be reasonable in extent and properly constructed and the words "Certified for the accommodation of master" to be permanently cut in a beam and over the door of such space. (c) Any space used exclusively for the working of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments of navigation and boatswain's stores, and the words "Certified for steering gear," or "Certified for boatswain's stores," or "Certified chart house," as the case may be, to be permanently cut in the beam and over the doorway of each of such spaces. (d) The space occupied by the donkey engine and boiler, if connected with the main pumps of the ship. (e) In the case of a ship propelled wholly by sails any space, not exceeding 24 per centum of the gross tonnage, used exclusively for storage of sails: Provided, That spaces deducted shall be certified by the collector to be reasonable in extent and properly and efficiently constructed for the purposes for which they are intended, and the words "Certified for storage of sails" to be cut on the beam and over the doorway of such space. (Mar. 2, 1895.) 23. Deductions for propelling power.-(f) In the case of a ship propelled by steam or other power requiring engine room, a deduction for the space occupied by the propelling power shall be made as follows: In ships propelled by paddle wheels in which the tonnage of the space occupied by and necessary for the proper working of the boilers and machinery is above 20 per centum and under 30 per centum of the gross tonnage, the deduction shall be 37 per centum of the gross tonnage; and in ships propelled by screws in which the tonnage of the space is above 13 per centum and under 20 per centum of the gross tonnage, the deduction shall be 32 per centum of the gross tonnage. In the case of screw steamers the contents of the trunk shaft shall be deemed spaces necessary for the proper working of the machinery. (g) In the case of other vessels in which the actual space occupied by the propelling machinery amounts in the case of paddle vessels to 20 per centum or under and in the case of screw vessels to 13 per centum or under of the gross tonnage of the ship, the deduction shall consist in the case of paddle vessels of once and a half the tonnage of the actual machinery space and in the case of screw vessels of once and three-fourths the tonnage of the actual machinery space. But if the actual machinery space is so large as to amount in the case of paddle vessels to 30 per centum or above and in the case of screw vessels to 20 per centum or above of the gross tonnage of the ship the deduction shall consist of 37 per centum of the gross tonnage of the ship in the case of a paddle vessel and 32 per centum of the gross tonnage in the case of a screw vessel; or if the owner prefers there shall be deducted from the gross tonnage of the vessel the tonnage of the space or spaces actually occupied by or required to be inclosed for the proper working of the boilers and machinery, including the trunk shaft or alley in screw steamers, with the addition in the case of vessels propelled with paddle wheels of 50 per centum, and in the case of vessels propelled by screws of 75 per centum of the tonnage of such space.1 (i) On a request in writing to the Commissioner of Navigation by the owners of a ship the tonnage of such portion of the space or spaces above the crown of the engine room and above the upper deck as is framed in for the machinery or for the admission of light and air and not required to be added to gross tonnage shall, for the purpose of ascertaining the tonnage of the space occupied by the propelling power, be added to the tonnage of the engine space, but it shall then be included in the gross tonnage; such space or spaces must be reasonable in extent, safe, and seaworthy, and can not be used for any purpose other than the machinery or for the admission of light and air to the machinery or boilers of the ship. (March 2, 1895.) 24. Register tonnage. And the proper deduction from the gross tonnage having been made, the remainder shall be deemed the net or register tonnage of such vessels. (Aug. 5, 1882.) The register of the vessel shall express the number of decks, the tonnage under the tonnage deck, that of the between-decks, above the tonnage deck, also that of the poop or other inclosed spaces above the deck, each separately. (R. S., 4153.) The register or other official certificate of the tonnage or nationality of a vessel of the United States, in addition to what is now required by law to be expressed therein, shall state separately the deductions made from the gross tonnage, and shall also state the net or register tonnage of the vessel. But the outstanding registers or enrollments of vessels of the United States shall not be rendered void by the addition of such new statement of her tonnage unless voluntarily surrendered; but the same may be added to the outstanding document or by an appendix thereto, with a certificate of a collector of customs that the original estimate of tonnage is amended. (Aug. 5, 1882.) In every vessel documented as a vessel of the United States the number denoting her net tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if the number at any time cease to be continued such vessel shall 1 For paragraph (h) see article 15 above. be subject to a fine of $30 on every arrival in a port of the United States if she have not her tonnage number legally carved or permanently marked. (R. S., 4153, June 19, 1886, sec. 5.) Under the direction of the Secretary of Commerce and Labor the Commissioner of Navigation shall make regulations needful to give effect to the provisions of this act. The Secretary of Commerce and Labor shall establish and promulgate a proper scale of fees to be paid for the readmeasurement of the spaces to be deducted from the gross tonnage of a vessel on the basis of the last sentence of section 4186 of the Revised Statutes, beginning with the words "But the charge for the measurement." (Mar. 2, 1895, sec. 4; Feb. 14, 1903, sec. 10; Aug. 5, 1882, sec. 3.) 25. Appendix of measurement.-Upon application by the owner or master of an American vessel in foreign trade, collectors of customs, under regulations to be approved by the Secretary of Commerce and Labor, are authorized to attach to the register of such vessel an appendix stating separately, for use in foreign ports, the measurement of such space or spaces as are permitted to be deducted from gross tonnage by the rules of other nations and are not permitted by the laws of the United States. (Mar. 2, 1895; Feb. 14, 1903, sec. 10.) This act shall not be construed to require the remeasurement of any American vessel duly measured before April 1, 1895, but upon application by the owner of any such vessel collectors of customs shall cause such vessel, or the spaces to be deducted, to be measured according to the provisions of this act, and if a new register is not issued the statement of such remeasurement shall be attached by an appendix to the outstanding register or enrollment with a certificate of the collector of customs that the original estimate of tonnage is amended pursuant to this act. (Mar. 2, 1895, sec. 2.) 26. Vessels exempt from measurement. The provisions foregoing relating to the measurement of vessels shall not be deemed to apply to any vessel not required by law to be registered or enrolled or licensed, unless otherwise specially provided. (R. S., 4152.) 27. Measurement of foreign vessels. Whenever it is made to appear to the Secretary of Commerce and Labor that the rules concerning the measurement for tonnage of vessels of the United States have been substantially adopted by the Government of any foreign country he may direct that the vessels of such foreign country be deemed to be of the tonnage denoted in their certificates of register or other national papers, and thereupon it shall not be necessary for such vessels to be remeasured at any port in the United States; and when it shall be necessary to ascertain the tonnage of any vessel not a vessel of the United States, the said tonnage shall be ascertained in the manner provided by law for the measurement of vessels of the United States. (R. S., 4154, Aug. 5, 1882, sec. 2; Feb. 14, 1903, sec. 10.) |