PUBLIC LAWS--CHS. 467, 468 -JUNE 16, 1938 of serving on tugs and towboats on the seas who is nineteen years of age and upwards and who has had at least eighteen months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas; and Service and rating; (b) Service and rating at least equal to that of coal passer or wiper in the engine department of tugs and towboats operating on the seas or Great Lakes or on the bays and sounds connected directly with the seas shall be considered as meeting the requirement of sub- section (e) of section 1 of said Act which requires that an applicant for rating under that subsection shall produce to the inspector of the Bureau of Marine Inspection and Navigation definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by said Act to have such certificated men. optherprovisions Nothing in this section shall restrict or modify any of the other provisions of section 1 of said Act which must be complied with before the certificates therein authorized can be granted. Crew quarters, un- SEC. 2. That the provisions of section 4 of the Act aforesaid shall not apply to unrigged vessels except seagoing barges. charge ook require- SEC. 3. Provisions of section 4551 of the Revised Statutes of the ments; exception. United States, as amended, approved March 24, 1937 (Public, 46 U.^. C., Supp. Numbered 25, Seventy-fifth Congress), shall not apply to unrigged m, § 643. vessels except seagoing barges. Definitions. SEC. 4 . That when used in this Act- " Unrigged vessel." (1) The term "unrigged vessel" means any vessel that is not self-propelled; " Seagoingbarge." (2) The term "seagoing barge" means any barge which from its design and construction may be reasonably expected to encounter and ride out the ordinary perils of the seas and which in fact in the usual course of its operations passes outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of 28Stars2.lsl February 19, 1895, as amended (U. S . C ., 1934 edition, title 33, sec. 151). Approved, June 16, 1938. [CHAPTER 468] June 16, 1938 AN ACT [- .I. 78801- To amend the Veterans' Regulation Numbered 10 pertaining to "line of duty" [Public, No. 648] for peacetime veterans, their widows, and dependents, and for other purposes. Be it enacted by the Senate and House of Representatives of the Veteradns.e i United States of America in Congress assembled, That paragraphs Injury or disease in- curred inline of duty. VII and IX of Executive Order Numbered 6098, dated March 31, Veterans' Regula- tionNo. 10, amend- 1933 (Veterans' Regulation Numbered 10 (39 U. S . C., ch. 12, ment. 38U. . C. , ch. 12, Appendix)). be amended to read as follows: Appendix.f du . VPAI R I. An injury or disease will be deemed to have been "in line of duty" construed. incurred 'in line of duty' when the person on whose account benefits are claimed was, at the time the injury was suffered or disease con- tracted, in the active service in the military or naval forces, whether on active duty or on authorized leave, unless it appears that the injury or disease has been caused by misconduct on his part: Requirement not Provided however, That the requirement will not be met if it appears considered met in that at the time the injury was suffered or disease contracted, the sp caes person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself without leave; (2) was confined under sentence of court martial or civil court or was resisting lawful arrest; (3) was relieved from all active per- formance of duty by command of his superior officer as a result of the intemperate use of drugs or alcoholic liquor or because of injury 754 [52 STAT.
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