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R. S., 4168.
R. S., 4169.
R. S., 4174.
July 5, 1884.
R. S., 4175.
my power, shall be delivered up to the collector of the district in which it was granted." Such oath shall be subscribed by the party making the same; and upon such oath being made, and the other requisites of this Title [R. S., 4131-4305] in order to the registry of vessels being complied with, it shall be lawful for the collector of the district before whom such oath is made, to grant a new register, inserting therein that the same is issued in lieu of the one lost or destroyed.
Whenever a register is granted in lieu of one lost or destroyed, by any other than the collector of the district to which the vessel actually belongs, such register shall, within ten days after her first arrival within the district to which she belongs, be delivered up to the collector of such district, who shall, thereupon, grant a new register in lieu thereof. And in case the master or commander shall neglect to deliver up such register within the time above mentioned, he shall be liable to a penalty of one hundred dollars; and the former register shall become null and void.
46. Failure to deliver former register.
In every case in which a vessel is required to be registered anew, if she shall not be so registered anew, she shall not be entitled to any of the privileges or benefits of a vessel of the United States. And if her former certificate of registry is not delivered up, except where the same may have been destroyed, lost, or unintentionally mislaid, and an oath thereof shall have been made, as hereinbefore prescribed, the owner of such vessel shall be liable to a penalty of five hundred dollars, to be recovered, with costs of suit.
47. Cancellation of register.
Every certificate of registry which is delivered up to a collector on the loss, destruction, or capture of a vessel, or the transfer thereof to a foreigner, shall be forthwith transmitted to the Commissioner of Navigation to be canceled; who, if the same shall have been delivered up to a collector other than of the district in which it was granted, shall cause notice of such delivery to be given to the collector of such district.
Whenever the master or owner of a vessel shall deliver up the register of such vessel, agreeably to the provisions of this Title [R. S., 4131-4305], if to the collector of the district where the same was granted, the collector shall Jan. 16, 1895. thereupon cancel the bond which shall have been given at the time of granting such register; or if to the collector of any other district, such collector shall grant to the master, commander, or owner, a receipt or acknowledgment that such register has been delivered to him, and the time when; and upon such receipt being produced to the collector by whom the register was granted, he shall cancel the bond
of the party, as if the register had been returned to him. [NOTE. Bonds abolished Jan. 16, 1895. This section applies only to outstanding bonds.]
48. Change of trade.
The collectors of the several districts may enroll and R. S., 4322. license any vessel that may be registered, upon such registry being given up, or may register any vessel that may be enrolled, upon such enrollment and license being given
When any vessel shall be in any other district than the R. S., 4323. one to which she belongs, the collector of such district, on the application of the master thereof, and upon his taking an oath that, according to his best knowledge and belief, the property remains as expressed in the register or enrollment proposed to be given up, shall make the exchange of an enrollment for a register or a register for Jan. 16, 1905. an enrollment; but in every such case, the collector to whom the register or enrollment and license may be given
up shall transmit the same to the Commissioner of Navi- July 5, 1884. gation; and the register, or enrollment and license, granted in lieu thereof, shall, within ten days after the arrival of such vessel within the district to which she belongs, be delivered to the collector of the district, and be by him canceled. If the master shall neglect to deliver the register or enrollment and license within such time, he shall be liable to a penalty of one hundred dollars.
49. Method of enrollment and license.
In order for the enrollment of any vessel, she shall pos- R. S., 4312. sess the same qualifications, and the same requirements in all respects shall be complied with, as are required before registering a vessel; and the same powers and duties are conferred and imposed upon all officers, respectively, and the same proceedings shall be had, in enrollment of vessels, as are prescribed for similar cases in registering; and vessels enrolled, with the masters or owners thereof, shall be subject to the same requirements as are prescribed for registered vessels.
50. Oath of master and owner.
No licensed vessel shall be employed in any trade where- R. S., 4320. by the revenue laws of the United States shall be defrauded. The master of every such vessel shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it was specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessels be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong to grant a license.
Feb. 14, 1903.
Jan. 16, 1895. Any master or owner violating the provisions of this section shall be liable to the penalty of two hundred dollars, in addition to any other penalty imposed by law. The Secretary of Commerce shall have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud.
R. S., 4384.
All vessels subject to enrollment or license shall be liable to the payment of the fees established by law for services of customs officers incident thereto. [See par. 477.]
52. Form of enrollment.
The record of the enrollment of a vessel shall be made, Apr. 24, 1906. and an abstract or copy thereof granted, as nearly as may be in the following form: ["] Enrollment. In conformity to Title L, [R. S. 4311-4390] REGULATION OF VESSELS IN DOMESTIC COMMERCE,' of the Revised Statutes of the United States, (inserting here the name of the person, with his occupation and place of abode, by whom the oath or affirmation is to be made,) having taken and subscribed the oath (or affirmation) required by law, and having sworn (or affirmed) that he (or she, and if more than one owner adding the words 'together with,' and the name or names, occupation or occupations, place or places of abode[,] of the owner or owners, and the part or proportion of such vessel belonging to each owner) is (or are) a citizen (or citizens) of the United States, and sole owner (or owners) of the ship or vessel called the (inserting here her name), of (inserting here the name of the port to which she may belong), whereof (inserting here the name of the master) is at present master, and is a citizen of the United States, and that the said ship or vessel was (inserting here when and where) built, and (inserting here the name and office, if any, of the person by whom she shall have been surveyed and measured), having certified that the said ship or vessel has (inserting here the number of decks), and (inserting here the number of masts), and that her length is (inserting here the number of feet), her breadth (inserting here the number of feet), her depth (inserting here the number of feet), and that she measures (inserting here her number of tons); that she is (describing here the particular kind of vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else, together with her build, and specifying whether she has any or no gallery or head), and the said (naming the owner or the master, or other person acting in behalf of the owner or owners, by whom the certificate of measurement shall have been countersigned), having agreed to the description and measurement above specified, according to Jan. 16, 1895. the said Title, the said ship or vessel has been duly enrolled at the port of (naming the port where enrolled). Given under my hand and seal, at (naming the said port), this (inserting the particular day) day of (naming the
month), in the year (specifying the number of the year,
in words, at length)."
Feb. 29, 1912.
Under the direction of the Secretary of Commerce the Apr. 24, 1906. Commissioner of Navigation is hereby authorized and directed from time to time to consolidate into one document in the case of any vessel of the United States, the form of enrollment prescribed by section forty-three hundred and nineteen of the Revised Statutes and the form of license prescribed by section forty-three hundred and twenty-one of the Revised Statutes, and such consolidated form shall hereafter be issued to a vessel of the United States in lieu of the separate enrollment and license, now prescribed by law, and shall be deemed sufficient compliance with the requirements of laws relating to the subject.
This Act shall not be construed to amend any law now Apr. 24, 1906. in force concerning the compensation of officers of the customs for service connected with the enrollment and license of vessels.
53. Form of license.
The form of a license for carrying on the coasting- R. S., 43219 trade or fisheries shall be as follows:
"License for carrying on the (here insert coasting trade,'' ,"whale-fishery,' mackerel-fishery,' or 'cod-fishery,' as the case may be).
"In pursuance of Title L [R. S., 4311-4390], 'REGULATION OF VESSELS IN DOMESTIC COMMERCE,' of the Revised Statutes of the United States, (inserting here the name of the husband or managing owner, with his occupation and place of abode), and the name of the master, with the place of his abode, having [given bond] that the (insert Jan. 16, 1895. here the description of the vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else she may be), called the (insert here the vessel's name), whereof the said (naming the master) is master, burden (insert here the number of tons, in words) tons, as appears by her enrollment, dated at (naming the district, day, month and year, in words at length, but if she be less than twenty tons, insert, instead thereof, 'proof being had of her admeasurement') shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any other vessel, or for any other employment, than is herein specified, license is hereby granted for the said (inserting here the description of the vessel) called the (inserting here the vessel's name,) to be employed in carrying on the (inserting here 'coasting-trade,' 'whale-fishery,' 'mackerel-fishery,' or 'cod-fishery,' as the case may be), for one year from the date hereof, and no longer. Given under my hand and seal at (naming the said district), this (inserting the particular day), day of (naming the month),
R. S., 4333.
in the year (specifying the number of the year in words at length)." [Bonds abolished Jan. 16, 1895.]
The collector of each district shall progressively number the licenses by him granted, beginning anew at the commencement of each year, and shall make a record thereof in a book, to be by him kept for that purpose, and shall, July 5, 1884. once in three months, transmit to the Commissioner of Navigation copies of the licenses which shall have been so granted by him; and also of such licenses as shall have been given up or returned to him, respectively, in pursuance of this Title [R. S., 4311-4390]. Whenever any vessel is licensed or enrolled anew, or being licensed or enrolled is afterward registered, or being registered is afterward enrolled or licensed, she shall, in every such case, be enrolled, licensed, or registered by her former
R. S., 4324.
R. S., 4325.
54. Duration of license.
No license, granted to any vessel, shall be considered in force any longer than such vessel is owned, and of the description set forth in such license, or for carrying on any other business or employment than that for which she is specially licensed.
55. Surrender of license.
The license granted to any vessel shall be presented Apr. 24, 1906. for renewal by endorsement to the collector of customs of the district in which the vessel then may be within three days after the expiration of the time for which it was granted, or, if she be absent at that time, within three days from her first arrival within a district. In case of change of build, ownership, district, trade, or arrival under temporary papers in the district where she belongs the license shall be surendered. If the master shall fail to deliver the license he shall be liable to a penalty of ten dollars, which shall not be mitigated.
R. S., 4326.
This Act shall not be construed to amend any law now in force concerning the compensation of officers of the customs for service connected with the enrollment and license of vessels.
If such license, however, shall have been previously given up to the collector of any other district, as authorized by this Title [R. S., 4311-4390], and a certificate thereof under the hand of such collector be produced by such master, or if such license be lost, or destroyed, or unintentionally mislaid so that it cannot be found, and the master of such vessel shall make and subscribe an oath that such license is lost, destroyed, or unintentionally mislaid, as he verily believes, and that the same, if found, shall be delivered up, as is herein required, then the penalty prescribed in the preceding section shall not be incurred. If such license shall be lost, destroyed, or unintentionally mislaid, before the expiration of the time for which it was granted, upon the like oath being made and