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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 one, two, three, and so forth, commencing at the stem; multiply the second, and all other even-numbered breadths, by four, and the third, and all the other oddnumbered breadths, except the first and last, by two; to the sum of these products add the first and last breadths, multiply the whole sum by one-third 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 one hundred, 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.
22. Open vessels.
In ascertaining the tonnage of open vessels the upper R. S., 4153. 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.
23. Water ballast.
In the case of a ship constructed with a double bottom Mar. 2, 1895. 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. From the gross tonnage there shall be deducted any other space adapted only for water Feb. 6, 1909. ballast certified by the collector not to be available for the carriage of cargo, stores, supplies, or fuel.
24. Net tonnage.
From the gross tonnage of every vessel of the United Aug. 5, 1882. States there shall be deducted
25. Crew accommodations.
(a) The tonnage of the spaces or compartments occu- Mar. 2, 1895. pied 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 seventy-two cubic feet
Mar. 3, 1897.
Mar. 4, 1915.
and not less than twelve 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 seventy-two cubic feet per man shall apply only to vessels the construction of which shall be begun after June thirtieth, eighteen hundred and ninety-five. 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 five hundred dollars. 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 fifty 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 two 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."
On all merchant vessels of the United States the construction of which shall be begun after the passage of this Act, except yachts, pilot boats, or vessels of less than ginning Nov. 4, one hundred tons register, every place appropriated to the crew of the vessel shall have a space of not less than one hundred and twenty cubic feet and not less than sixteen square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged therein, and each seaman shall have a separate berth and not more than one berth shall be placed one above another; such place or lodging 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. And every such crew space shall be kept free from goods or stores not being the personal property of the crew occupying said place in use during the voyage.
That in addition to the space allotment for lodgings hereinbefore provided, on all merchant vessels of the United States which in the ordinary course of their trade make voyages of more than three days' duration between ports, and which carry a crew of twelve or more seamen, there shall be constructed a compartment, suitably separated from other spaces, for hospital purposes, and such compartment shall have at least one bunk for every twelve seamen, constituting her crew, provided that not more than six bunks shall be required in any case.
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 are applicable thereto, by providing sleeping room in the engine room of such steamboat, properly protected from the cold, wind, 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.
All merchant vessels of the United States, the construction of which shall be begun after the passage of this act having more than ten men on deck must have at least one light, clean, and properly ventilated washing place. There shall be provided at least one washing outfit for every two men of the watch. The washing place shall be properly heated. A separate washing place shall be provided for the fireroom and engine-room men, if their number exceed ten, which shall be large enough to accommodate at least one-sixth of them at the same time, and have hot and cold water supply and a sufficient number of wash basins, sinks, and shower baths.
Any failure to comply with this section shall subject the owner or owners of such vessel to a penalty of not less than $50 nor more than $500: Provided, That forecastles shall be fumigated at such intervals as may be provided by regulations to be issued by the Surgeon General of the Public Health Service, with the approval of the Department of Commerce, and shall have at least two exits, one of which may be used in emergencies.
26. Deductions for other purposes.
(b) Any space exclusively for the use of the master cer- Mar. 2, 1895. tified 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 two and one-half 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.
27. 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 twenty per centum and under thirty per centum of the gross tonnage, the deduction shall be thirty-seven per centum of the gross tonnage; and in ships propelled by screws in which the tonnage of the space is above thirteen per centum and under twenty per centum of the gross tonnage, the deduction shall be thirty-two 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 twenty per centum or under and in the case of screw vessels to thirteen 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 thirty per centum or above, and in the case of screw vessels to twenty per centum or above of the gross tonnage of the ship, the deduction shall consist of thirty-seven per centum of the gross tonnage of the ship in the case of a paddle vessel and thirty-two 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 fifty per centum, and in the case of vessels propelled by screws of seventy-five per centum of the tonnage of such space.
(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.
28. Register tonnage.
And the proper deduction from the gross tonnage hav- Aug. 5, 1882. ing been made, the remainder shall be deemed the net or register tonnage of such vessels.
The register of the vessel shall express the number of R. S., 4153. 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.
The register or other official certificate of the tonnage Aug. 5, 1882. 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.
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 be subject to a fine of thirty dollars 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.
Aug. 5, 1882.
Under the direction of the Secretary of Commerce Mar. 2, 1895. the Commissioner of Navigation shall make regulations Feb. 14, 1903. needful to give effect to the provisions of this Act. The Sec. 10. Secretary of Commerce shall establish and promulgate Sec. 3. a proper scale of fees to be paid for the readmeasurement of the spaces to be deducted from the gross tonnage of a vessel.
29. Appendix of measurement.
Upon application by the owner or master of an Ameri- Mar. 2, 1895. can vessel in foreign trade, collectors of customs, under regulations to be approved by the Secretary of Com- Feb. 14, 1903. merce, 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.
This Act shall not be construed to require the remeas- Mar. 2, 1895. urement of any American vessel duly measured before Sec. 2. April first, eighteen hundred and ninety-five; 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 92075°-15-3