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quests will be made directly to the Superintendent, Army Transport Service, San Francisco, Calif., who is authorized to provide accommodations when space is available. Missionaries duly accredited by the mission board of the church or denomination represented by them may be furnished transportation as pay passengers to Guam under special rates authorized by the Secretary of War when accommodations are available. Applications for transportation must be submitted to the War Department for approval. (34 Stat. 1170; 10 U.S.C. 1371) [Par. 2 (b) (8), AR 30–1195, July 5, 1933]

91.6 Civilians not connected with Government service. Army transports will not normally be used for carrying passengers except as authorized by Congress. In an unusual public emergency, or when the use of available space for American citizens would relieve acute congestion of commercial lines, such transportation may be furnished upon the payment of charges to cover the expenses of such service. (Op. J.A.G., June 11, 1918.) In every case contemplated in this section specific authority will first be obtained from the Quartermaster General before transportation is issued. (R.S. 161; 5 U.S.C. 22) [Par. 2 (b) (10), AR 30–1195, July 5, 1933]

91.7 War Department not obligated to other than Army personnel. The War Department is not obligated to furnish transportation to any persons except Army personnel traveling under orders on official business. The furnishing of transportation on an Army transport from one port to another to an individual not traveling under War Department orders imposes no obligation upon the War Department to furnish return transportation to the port of embarkation. (R.S. 161; 5 U.S.C. 22) [Par. 3 (e), AR 30-1195, July 5, 1933]

SECRECY OF TROOP MOVEMENTS OVERSEAS

91.8 Visitors coming in contact with troops. Such regulations as may be necessary regarding visitors coming in contact with troops while at a port or during embarkation or debarkation will be issued by the commanding officer of the port. Where, upon arrival at a port, it is necessary to make physical examination of troops for contagious disease or vermin infestation, visitors will not be allowed to come into contact with troops until after the examination. (R.S. 161; 5 U.S.C. 22) [Par. 1, AR 30-1205, Dec. 30, 1924]

91.9 Secrecy in time of war. In time of war the following will be observed: Arrangements will be made to have all farewells completed before arrival at the piers. No members of families, relatives, or friends of those sailing will be allowed at the piers or thereabouts on day of sailing and they will not be brought there by anyone. Should any such persons be found there, they will be ordered away summarily by the guard and report made of the officer or soldier with whom they attempted to communicate. All persons not on official business will be rigidly excluded from the piers at all times. Only official photographers will be permitted to take cameras within the limits of the pier or overseas. *(R.S. 161; 5 U.S.C. 22) [Par. 2 (a)-(c), AR 30-1205, Dec. 30, 1931]

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PART 92-CHARTER AND REDELIVERY OF VESSELS

Sec.

Charter of vessels 92.1 Commercial vessels. 92.2 Charters. 92.3 Time charter, 92.4 Bare-boat charter. 92.5 Rental of vessels by the Govern.

ment. 92.6 Owners' obligation as to condition. 92.7 Survey. 92.8 Inventories. 92.9 Repairs. 92.10 Removal of equipment, etc.

Sec.
'92.11 Execution of charter,
92.12 Disposition of survey, inventory,

etc.
92.13 Change of form of charter,

Redelivery of vessels
92.14 General.
92.15 Letter of notification.
92.16 Prompt redelivery.
92.17 Notification of redelivery.
92.18 Inventory board.
92.19 Board of survey.

CHARTER OF VESSELS

Section 92.1 Commercial vessels. Commercial vessels as necessary and available will be chartered and refitted for troop and animal service in accordance with standard specifications, under direction of the Quartermaster General, and assigned to the several ports to supplement the owned service.** [Par. 1]

*88 92.1 to 92.19, inclusive, issued under the authority contained in R.S. 161; 5 U.S.C. 22.

†The source of 88 92.1 to 92.13, inclusive, is Army regulations 30–1315, Secretary of War, Dec. 30, 1924.

92.2 Charters. Privately owned vessels when requisitioned or chartered in the usual way by the Government for and on account of the Quartermaster Corps of the War Department will be taken over under charter party on the prescribed form.** [Par. 2]

92.3 Time charter. Under this form of charter the owner maintains in seaworthy condition and operates the vessel for the War Department, furnishing at owner's expense all tools, equipment, supplies, and services, and also employs, pays, and discharges the master, officers, and crew, and is charged with the upkeep of the vessel.* í [Par. 3]

92.4 Bare-boat charter. Under this form of charter the United States takes over and operates the vessel, furnishing all provisions, fuel, and water; pays, hires, and discharges the master, officers, and crew, and is charged with the upkeep of the vessel.*1 [Par. 4]

92.5 Rental of vessel by the Government. Where the Government is in possession of a private vessel under rental agreement with the owners thereof during the time negotiations for its purchase by the Government are in progress, rent for the vessel is properly payable under the rental agreement until approval of purchase agreement by the proper Government official, but in absence of any specific agreement the Government is not required or obligated to pay rent for the vessel subsequent to approval of purchase agreement up to and including date of payment of purchase money. (See 26 Comp. Dec. 738.)*+ [Par. 6]

92.6 Owners' obligation as to condition. Under either form of charter the vessel when accepted by the United States shall be, or shall forthwith be made by and at the expense of the owner, tight,

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**For statutory and source citations, see note to & 92.1.

strong and well and sufficiently tackled, appareled, furnished and equipped, and in every respect seaworthy and in good running order and condition; fit for the service in which she has usually been employed. The following instructions must be carefully and thoroughly followed, as neglect in preparing and preserving a complete detailed record of the condition of the vessel at the time she is taken over, together with a complete detailed inventory, may cause great trouble and loss to the Government at the time of redelivery of the vessel to the owner.** [Par. 7]

92.7 Survey. Upon receiving orders to take over a vessel from a private owner, the officer charged with this duty, hereinafter called chartering officer, will call upon the owner, delivering to him a copy of the requisition order, and arrange with the owner to make a survey of the physical condition of the ship and its machinery. The chartering officer will require the superintending engineer of the Army Transport Service at the nearest port to detail one or more marine experts experienced in the hull and deck departments of ocean-going steam vessels and one or more marine experts, holding license as chief engineer of ocean-going steam vessels and experienced in the operation, repair, and maintenance of the steam-engine department of ocean-going steam vessels, who in conjunction with the chartering officer and the owner or his representative will make a full, complete, and detailed survey of the physical condition of the ship, its equipment and machinery. This survey will specify the condition of each element and unit in the ship, whether excellent, good, fair, or poor, and if any element or unit be found other than excellent will specify in detail in what respect the condition is other than excellent, e. g., if the bearing of crank shaft of main engine were found to have been burned out and the metal

run,

it would not be sufficient to show the main crank shaft as being poor” but it would be required to have survey show in what respect it was “poor” by specifying the exact condition in detail. Such survey involves the opening up for inspection of all engines, machinery, and auxiliaries for examination, and the testing by operation of all machinery and appliances. The vessel must also be dry-docked for survey, and report made on underwater parts including measurement of extent to which tail shaft is down, condition of paint on bottom, and any plates set up or indented, any seams or rivets leaking, and any bilge keels broken, bent, or loose.

This survey. will be certified as correct as of the date taken, both by the chartering officer, the superintending engineer or his assistant, and the owner or his representative. In the event the owner does not agree as to any item or items of the survey, or refuses to sign such survey, a detailed statement as to disputed items, signed by the owner or his representative, should be obtained. If the owner refuses or neglects to make such statement, a detailed report as to items not agreed upon will be appended to the report of survey.

Embodied in the report of survey will be a brief statement of the history of the vessel including its name, type, dead-weight tonnage, gross tonnage, passenger capacity; speed in knots per hour; consumption of coal or oil per 24 hours; the service in which the vessel

**For statutory and source citations, see note to $ 92.1.

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[865]

has been engaged; a statement of accidents, groundings, collisions, etc., within the past year; when last dry-docked; when last painted from truck to water line; when bottom last scaled and painted; when water tanks last scaled, cleaned, cement washed, and tested for tightness; when tail shafts last drawn; and a copy of United States inspection certificate, copy of hull board report on last dry docking, and copy of classification certificate and when classification expires appended. If the ship has no classification, that fact will be certified by owners.** [Par. 8 (a)-(c)]

92.8 Inventories. The port steward and quartermaster purveyor will, in company with the chartering officer, make a complete inventory of the consumable stores, provisions, coal, oil, and water, as well as all furnishings, spares, tools, and supplies on the vessel. This inventory will be checked with the inventory furnished by the owner under terms of the charter and, in case it does not agree in all respects with the owner's inventory, the owner's attention will be called to any discrepancies, and if not corrected a full and detailed report of the items of difference should be made.*+ [Par. 9]

92.9 Repairs. As it is the duty of the owners, as hereinbefore stated, to deliver the vessel to the Government in every respect seaworthy and in good running order and condition, immediately upon the completion of the survey the owner will be notified in writing to forthwith accomplish such repairs as may be necessary to make the vessel seaworthy and place her in good and efficient running order. This notice will contain a detailed statement of the work demanded by the Government and be prepared by the superintending engineer and signed by him as well as by the chartering officer. In the event that the owner does not at once comply with the notice to make the vessel seaworthy and place her in good and efficient running order, or in the event the Government deems it expedient to itself accomplish the repairs necessary to put the vessel in good running order and condition or to make her seaworthy, such work will be directed by the chartering officer to be done under the supervision of the superintending engineer, and charged to owners, the charges being deducted from the charter hire. An accurate account of the cost of such repairs will be kept.*+ [Par. 10]

92.10 Removal of equipment, etc. In the event the Government removes from the vessel any of its furnishings, equipment, appliances, furniture, machinery, or installations, the superintending engineer will cause all such articles to be carefully boxed or crated and properly labeled with name of ship and list of contents; and same to be stored in a safe place for preservation against the time of redelivery of vessel to owner. The superintending engineer will cause lists to be made in quadruplicate, showing all removals and giving the contents of each box or crate with place where stored; one copy of which will be delivered to the Quartermaster General, one copy to owner of vessel, one copy placed with the ship's papers, and one copy filed with the officer in command at the port where the removals are made.*1 [Par. 11]

92.11 Execution of charter. The chartering officer will have the charter executed by the owner and by himself for the United States

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**For statutory and source citations, see note to s 92.1.

in triplicate, one copy for the General Accounting Office, Military Division, oné copy for the Quartermaster General, and one copy for the contractor on the ship. In determining the amount to be inserted in paragraph 14, time form, and paragraph 9, bare-boat form, the owner will be

warned and cautioned against stating a false or fictitious value for his vessel; but will state true value of the vessel considering its age, history and present condition.*+ [Par. 12]

92.12 Disposition of survey, inventory, etc. The original and three copies of the survey, inventory and reports connected therewith will be retained by or forwarded to the officer in charge of the designated home port, who will send one copy of each to the Quartermaster General, one copy to the owner of the vessel, and one copy will be placed with the ship's papers. ** [Par. 13]

92.13 Change of form of charter. In the event a boat has been under time charter and she is to be taken over on bare-boat form, all the steps heretofore outlined by way of survey, inventory, etc., will be performed as if the boat were coming into Government service for the first time with no previous Government service.** [Par. 14]

REDELIVERY OF VESSELS

92.14 General. When a vessel under charter is to be redelivered to the owner, The Quartermaster General will advise the officer in charge of the port where redelivery will be made of the fact, designating the date set for redelivery and directing such officer to accomplish the redelivery. Upon receipt of this advice, the officer in charge of the port will advise the owner of the vessel and any other parties interested and will appoint a board of survey and an inventory board in accordance with the instructions given in 88 92.18, 92.19. In case the vessel has not yet arrived at the port, he will radio advice to the master of the intention to redeliver the vessel and instruct him to make such preparations for it as can be made before arrival, including inventory and statement of consumable stores.**t [Par. 1]

ifThe source of $$ 92.14 to 92.19, inclusive, is Army regulations 30–1320, Secretary of War, Dec. 30, 1924.

92.15 Letter of notification. The letter to the owner will inform him of the intention to redeliver the vessel as soon as practicable after completion of the present voyage. He will be advised of the probable date of arrival of the vessel at the port, and of the actual date of arrival as soon as it is known. He should also be advised, in case he should allege damages to the vessel for which the War Department is responsible, to submit in writing, without unnecessary delay, a verified claim giving in detail the items of such damage, with the cost and proof thereof; and that the claim should be complete, represent the entire claim of the owners and should so state; also that it is desirable that the owner or his representative be present during the survey of the vessel by a board convened for the purpose, for free consultation with members of the board in regard to any damages to the vessel while in the service of the War Department and for conference to determine just settle

**For statutory and source citations, see note to § 92.1.

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