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the ownership of the vessel without designating the names of the persons composing the company, when such vessel is owned by a corporation, and the oath of either of said officers or agents shall be deemed sufficient without requiring the oath of any other person interested and concerned in such vessel. (R. S. § 4139; June 24, 1902, ch. 1155, § 1, 32 Stat. 398.)

DERIVATION

Act Mar. 3, 1825, ch. 99, §§ 4, 5, 4 Stat. 129.

CODIFICATION

Prior to amendment by act June 24, 1902, R.S. § 4139 read as follows:

"Previously to granting a register for any vessel, owned by any company, the president or secretary thereof shall swear to the ownership of the vessel, by such company, without designating the names of the persons composing the company; and the oath shall be deemed sufficient, without requiring the oath of any other person interested or concerned in such vessel."

§ 21. Forfeiture for false swearing.

If any of the matters of fact alleged in the oath taken by an owner to obtain the registry of any vessel, which within the knowledge of the party so swearing are not true, there shall be a forfeiture of the vessel, together with her tackle, apparel, and furniture, in respect to which the oath shall have been made, or of the value thereof to be recovered, with the costs of suit, of the person by whom the oath was made. (R. S. § 4143.)

DERIVATION

Act Dec. 31, 1792, ch. 1, §§ 4, 11, 1 Stat. 289, 293.

§ 22. Oath by master.

If the master of a vessel is within the district where a registry thereof is to be made, when application is made for registering the same, he shall, himself, instead of the owner, or of the agent or attorney, as provided in this chapter, make oath touching his being a citizen and the means whereby or manner in which he is a citizen; in which case, if the master shall knowingly swear to anything untrue, no forfeiture of the vessel, on account of such false oath, shall be incurred, but the master shall be liable to a penalty of $1,000. (R. S. § 4144.) DERIVATION

Act Dec. 31, 1792, ch. 1, §§ 4, 11, 12, 1 Stat. 289, 293.

§ 23. Surrender of certificate of registry on loss of vessel, or purchase by foreigner.

A certificate of registry shall be solely used for the vessel for which it is granted, and shall not be sold, lent, or otherwise disposed of, to any person whomsoever; and in case the vessel so registered shall be lost, or taken by an enemy, burned, or broken up, or shall be otherwise prevented from returning to the port to which she may belong, the certificate, if preserved, shall be delivered up within eight days after the arrival of the master or person having the charge or command of such vessel within any district of the United States, to the collector of such district; and if any foreigner, or any person for the use and benefit of such foreigner, shall purchase or otherwise become entitled to the whole, or any part or share of, or interest in such vessel, the same being within a district of the United States, the certificate shall, within seven days after such purchase, change, or transfer of property, be delivered up to the collector

of the district; and if any such purchase, change, or transfer of property shall happen when such vessel shall be at any foreign port or place, or at sea, then the master or person having the charge or command thereof shall, within eight days after his arrival within any district of the United States, deliver up the certificate to the collector of such district.

Any master or owner violating the provisions of this section shall be liable to a penalty of not exceeding $500, and the certificate of registry shall be thenceforth void.

The Commissioner of Customs shall have the power to remit or mitigate such penalty if in his opinion it was incurred without willful negligence or intention of fraud. (R. S. § 4146; Jan. 16, 1895, ch. 24, § 2, 28 Stat. 624; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 7, 1 Stat. 290.
CODIFICATION

R.S. § 4146, as originally enacted, provided that the conditions of the bond required by R.S. § 4145, as a prerequisite to the registry of a vessel should in each case be that the certificate of the registry should be solely used for the vessel for which it was granted, etc. R.S. § 4145 was repealed by section 1 of act Jan. 16, 1895, and R.S. § 4146 was amended by section 2 of the act, to conform to the repeal of R.S. § 4145, and to include the penalty clause added at the end thereof.

Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of the Treasury" to conform to act Feb. 14, 1903, which transferred to the Secretary of Commerce and Labor, all duties, power, etc., of the Secretary of the Treasury, relating to merchant vessels or yachts, their measurement, registers, etc., and act Mar. 4, 1913, which designated the Secretary of Commerce and Labor the Secretary of Commerce. TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department.

"Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title.

ADMINISTRAtive DelegaTION OF FUNCTIONS BY SECRETARY OF

THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title.

CROSS REFERENCES

Registration, enrollment and licensing of vessels purchased, chartered or leased from Secretary of Commerce, see section 808 of this title.

§ 24. Carpenter's certificate necessary.

In order to the registry of any vessel built within the United States, it shall be necessary to produce a certificate, under the hand of the principal or master carpenter, by whom or under whose direction the vessel has been built, testifying that she was built by him or under his direction, and specifying the place where, the time when, and the person for whom, and describing her build, number of decks

and masts, length, breadth, depth, tonnage, and such other circumstances as are usually descriptive of the identity of a vessel; which certificate shall be sufficient to authorize the removal of a new vessel from the district where she may be built to another district in the same or an adjoining State, where the owner actually resides, provided it be with ballast only. (R. S. § 4147.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 8, 1 Stat. 291.

§ 25. Form of register.

When the several matters hereinbefore required, in order to the registering of any vessel, have been complied with, the collector of the district comprehending the port to which she belongs shall make and keep in some proper book a registry thereof, and shall grant a certificate of such registry, as nearly as may be, in the form following:

In pursuance of Chapter 1, Title XLVIII, “Regulation of Commerce and Navigation," of the Revised Statutes of the United States (inserting here the name, occupation, and place of abode of the person by whom the oath was made), having taken and subscribed the oath required by law, and having sworn 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) the only owner (or owners) of the vessel called the (inserting here her name), of (inserting here 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 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 or measured) having certified that the said 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 has been countersigned, as provided in section 72 of this title) having agreed to the description and measurement above specified, the said vessel has been duly registered at the port of (naming the port where registered). 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). (R. S. § 4155; Jan. 16. 1895, ch. 24, § 1, 28 Stat. 624.)

DERIVATION

Acts Dec. 31, 1792, ch. 1, § 9, 1 Stat. 291; July 29, 1850, ch. 27, § 5, 9 Stat. 441.

REFERENCES IN TEXT

For distribution of "Chapter 1, Title XLVIII, 'Regulation of Commerce and Navigation,' of the Revised Statutes of the United States" (R. S. §§ 4131—4196), referred to in text, see Tables.

CODIFICATION

The words "and sufficient security having been given, according to law" were omitted to conform to act Jan. 16, 1895. The Act repealed RS. § 4145, requiring a bond as a prerequisite to the registry of a vessel.

§ 26. Variation from form.

When the master of such vessel himself makes oath touching his being a citizen, the wording of the certificate shall be varied so as to be conformable to the truth of the case. Where a new certificate of registry is granted in consequence of any transfer of a vessel, the words shall be so varied as to refer to the former certificate of registry for her measurement. (R. S. § 4156.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 9, 1 Stat. 291.

§ 27. Blank certificates of registry to be furnished.

It shall be the duty of the Commissioner of Customs to cause to be provided blank certificates of registry, and such other papers as may be necessary, executed in such manner and with such marks as he may direct. No certificate of registry shall be issued, except such as shall have been so provided and marked. (R. S. § 4157; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

DERIVATION

Act Mar. 3, 1813, ch. 50, § 1, 2 Stat. 818.

CODIFICATION

Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of the Treasury" to conform to acts Feb. 14, 1903, and Mar. 4, 1913. See note under section 23 of this title.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department.

"Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title. § 28. Issuing of forms.

The Commissioner of Customs shall cause to be transmitted, from time to time, to the collectors of the several districts, a sufficient number of forms of the certificates of registry, attested under the seal of the Bureau of Customs and the hand of the Commissioner of Customs, with proper blanks, to be filled by the collectors, respectively, by whom also the certificate shall be signed and sealed, before they

are issued. A copy of each certificate issued shall be transmitted to the Commissioner of Customs, who shall cause a record to be kept of the same. (R. S. § 4158; July 5, 1884, ch. 221, § 2, 23 Stat. 118; Feb. 14, 1903, ch. 552, §§ 4, 10, 32 Stat. 826, 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740; June 30, 1932, ch. 314, §§ 501, 502 (b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 10, 1 Stat. 292.

CODIFICATION

Upon incorporation of R.S. § 4158 into the Code, it was changed to conform to act July 5, 1884, giving the Commissioner of Navigation general superintendence of the commercial marine, etc.; section 4 of act Feb. 14, 1903, transferring the Bureau of Navigation to the Department of Commerce and Labor; section 10 of the same act transferring to the Secretary of Commerce and Labor all duties, powers, etc., of the head of any executive department over bureaus thereby transferred, and all duties, powers, etc., relating to merchant vessels, etc.; and act Mar. 4, 1913, changing the designations of the Department and Secretary of Commerce and Labor to Department and Secretary of Commerce.

AMENDMENTS

1930-Act June 17, 1930, repealed provision requiring countersigning of certificates by comptroller of customs or surveyor.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Commissioner of Customs, referred to in this section, is an officer in the Treasury Department, and the Bureau of Customs, also referred to in this section, is an agency in such Department.

"Commissioner of Navigation" was changed to "Director, Bureau of Navigation and Steamboat Inspection", and then to "Director of the Bureau of Marine Inspection and Navigation" by acts June 30, 1932 and May 27, 1936. See note under section 1 of this title.

"Commissioner of Customs" was substituted for "Secretary of Commerce" and for "Director of the Bureau of Marine Inspection and Navigation", and "Bureau of Customs", was substituted for "Department of Commerce" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title.

§ 29. Registry on purchase of vessel.

Whenever any citizen of the United States purchases or becomes owner of any vessel entitled to be registered, such vessel being within any district other than the one in which he usually resides, such vessel shall be entitled to be registered by the collector of the district where she may be, at the time of his becoming owner thereof, upon his complying with the provisions prescribed in this chapter, in order to the registry of vessels. And the oath which is required to be taken may, at the option of such owner, be taken either before the collector of the district comprehending the port to which such vessel may belong, or

before the collector of the district within which such vessel may be, either of whom is empowered to administer such oath. (R. S. § 4159.)

DERIVATION

Act Dec. 31, 1792, ch. 1 § 11, 1 Stat. 292.

§ 30. Surrender of certificate granted to purchaser.

Whenever any vessel, registered in pursuance of the provisions of section 29 of this title, shall arrive within the district comprehending the port to which she belongs, the certificate of registry, so obtained, shall be delivered up to the collector of such district, who, upon the requisites of this chapter in order to the registry of vessels, being complied with, shall grant a new one in lieu of the first. The certificate so delivered up shall forthwith be returned by the collector who receives the same, to the collector who granted it. If the first-mentioned certificate of registry is not delivered up, as above directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending the port to which she may belong, shall severally be liable to a penalty of $100, and the certificate of registry shall be thenceforth void. (R. S. § 4160.) DERIVATION

Act Dec. 31, 1792, ch. 1, § 11, 1 Stat. 292.

REFERENCES IN TEXT

In the original "this chapter" reads "this title," meaning title XLVIII of the Revised Statutes. For distribution of the title (R.S. §§ 4131-4305) in this code, see Tables. § 31. Registry by agent.

Whenever any vessel entitled to be registered is purchased by an agent or attorney for or on account of a citizen of the United States, such vessel being in a district of the United States more than fifty miles distant, taking the nearest usual route by land, from the one comprehending the port to which, by virtue of such purchase, and by force of this chapter, such vessel ought to be deemed to belong, it shall be lawful for the collector of the district where such vessel may be, and he is required, upon the application of such agent or attorney, to proceed to the registering of the vessel, the agent or attorney first complying, on behalf and in the stead of the owner thereof, with the requisites prescribed by this chapter in order to the registry of vessels, except that, in the oath taken by the agent or attorney, instead of swearing that he is owner or an owner of such vessel, he shall swear that he is agent or attorney for the owner thereof, and that he has, in good faith, purchased the vessel for the person whom he names and describes as the owner thereof. (R. S. § 4161.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 12, 1 Stat. 293.
REFERENCES IN TEXT

For explanation of "this chapter", referred to in the text, see note under section 30 of this title.

§ 32. Surrender of certificate granted to agent. Whenever any vessel registered in pursuance of the provisions of section 31 of this title, shall arrive within the district comprehending the port to which she belongs, the certificate of registry so obtained shall be delivered up to the collector of such district, who, upon the requirements of this chapter in order to the registry of vessels being complied with,

shall grant a new one in lieu of the first. The certificate, so delivered up, shall forthwith be returned to the collector, who shall transmit the same to the collector who granted it. If the first-mentioned certificate of registry is not delivered up, as above directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending the port to which she may belong, shall severally be liable to a penalty of $100, and the certificate of registry shall be thenceforth void. (R. S. § 4162.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 12, 1 Stat. 293.

REFERENCES IN TEXT

For explanation of "this chapter", referred to in the text, see note under section 30 of this title.

§ 33. Forfeiture for false swearing by agent.

If any of the matters of fact alleged in the oath taken by an agent or attorney to obtain the registry of a vessel which are within the knowledge of the party so swearing, are not true, there shall be a forfeiture of vessel, together with her tackle, apparel, and furniture, in respect to which the same was made, or of the value thereof, to be recovered, with costs of suit, of the person by whom such oath was made. (R. S. § 4163.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 12, 1 Stat. 293.

§ 34. Registry on sale under legal process.

Whenever it appears, by satisfactory proof, to the Commissioner of Customs, that any vessel has been sold and transferred by process of law, and that the register of such vessel is retained by the former owner, the Commissioner may direct the collector of the district to which such vessel may belong to grant a new register, under such sale, on the owners complying with such terms and conditions as are by law required for granting such papers; excepting only the delivering up of the former certificate of registry. But nothing in this section shall be construed to remove the liability of any person to any penalty for not surrendering the papers belonging to any vessel, on a transfer or sale of the same. (R. S. § 4164; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

DERIVATION

Act Mar. 2, 1797, ch. 7, 1 Stat. 498.

CODIFICATION

Upon incorporation into the Code, the words "Secretary of Commerce," were substituted for "Secretary of the Treasury" because of acts Feb. 14, 1903, and Mar. 4, 1913. See note under section 23 of this title.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department.

"Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY

Administrative delegation of functions by Secretary of the Treasury, see note under section 1 of this title. CROSS REFERENCES

Register to be kept by Commissioner of Customs, see section 2 of this title.

§ 35. Documentation of vessels sold or transferred outside the United States.

A vessel of the United States which, while outside the limits of a customs collection district of the United States and not in any port designated as a port of documentation outside any such customs collection district, is sold or transferred in whole or in part to a citizen of the United States, may be documented anew as a vessel of the United States in such manner and upon such conditions as may be prescribed by the Secretary of the Treasury: Provided, That, if any vessel so sold or transferred is not redocumented while abroad, it shall nevertheless be entitled to all the privileges and benefits of a vessel of the United States up to and for the purpose of its first arrival thereafter within a customs collection district or within a designated port of documentation outside any such customs collection district. (R.S. § 4166; Pub. L. 87-157, Aug. 17, 1961. 75 Stat. 392.)

DERIVATION

Act Mar. 2, 1803, ch. 18, § 3, 2 Stat. 210.
AMENDMENTS

1961-Pub. L. 87-157 authorized documentation, in such manner and upon such conditions as the Secretary of the Treasury may prescribe, of United States vessels sold or transferred outside the limits of a customs collection district and not in any port designated as a port of documentation outside any such customs collection district, limited the period to which such vessel may be entitled to the privileges and benefits of a vessel of the United States from the date of its first arrival in the United States to the date of its first arrival within a customs collection district or within a designated port of documentation outside any such customs collection district, and eliminated proviso which required compliance with all the requisites of law for the registry of vessels and a new certificate for such vessel to be obtained within three days from the time the person in charge of the vessel is required to make his final report upon her first arrival afterward.

§ 36. Oath on loss of register; grant of new register. Whenever the certificate of the registry of any vessel is lost, destroyed, or mislaid, the master, or other person having the charge or command thereof, may make oath before the collector of the district where such vessel shall first be after such loss, destruction, or mislaying, in the form following: "I, (inserting here the name of the person swearing), being master (or having the charge or command) of the ship or vessel called the (inserting the name of the vessel), do swear (or affirm) that the said vessel hath been, as I verily believe, registered according to law, by the name of (inserting again the name of the vessel), and that a certificate thereof was granted by the collector of the district of (naming the district where registered), which certificate has been lost (or destroyed, or unintentionally and by mere accident mislaid, as the case may be); and (except

where the certificate is alleged to have been destroyed) that the same, if found again, and within 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 chapter 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. (R. S. § 4167.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 13, 1 Stat. 294.

REFERENCES IN TEXT

For explanation of "this chapter", referred to in the text, see note under section 30 of this title.

§ 37. Surrender of certificate obtained on loss of original.

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 $100; and the former register shall become null and void. (R. S. § 4168.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 13, 1 Stat. 294.

§ 38. Penalty for not obtaining new registry.

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 prescribed in section 36 of this title, the owner of such vessel shall be liable to a penalty of $500, to be recovered, with costs of suit. (R.S. § 4169.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 14, 1 Stat. 294.

FEDERAL RULES OF CIVIL PROCEDURE

Effect of rule 54 on this section, see note by Advisory Committee under rule 54, Title 28, Appendix, Judiciary and Judicial Procedure.

Judgment and costs, see rule 54.

§ 39. New registry on sale or alteration of vessel. Whenever any vessel, which has been registered, is, in whole or in part, sold or transferred to a citizen of the United States, or is altered in form or burden, by being lengthened or built upon, or from one denomination to another, by the mode or method of rigging or fitting, the vessel shall be registered anew, by her former name, according to the directions hereinbefore contained, otherwise she shall cease to be deemed a vessel of the United States. The former certificate of registry of such vessel shall be delivered up to the collector to whom application for such new registry is made, at the time that the same is made,

to be by him transmitted to the Commissioner of Customs, who shall cause the same to be canceled. In every such case of sale or transfer, there shall be some instrument of writing, in the nature of a bill of sale, which shall recite, at length, the certificate; otherwise the vessel shall be incapable of being so registered anew. (R. S. § 4170; July 5, 1884, ch. 221, § 2, 23 Stat. 118; June 30, 1932, ch. 314, §§ 501, 502 (b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

DERIVATION

Act Dec. 31, 1792, ch. 1, § 14, 1 Stat. 294.

CODIFICATION

Upon incorporation into the Code, the words "Commissioner of Navigation" were substituted for "Register of the Treasury" to conform to act July 5, 1884. See note under section 2 of this title.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department.

"Commissioner of Navigation" was changed to "Director, Bureau of Navigation and Steamboat Inspection", and then to "Director of the Bureau of Marine Inspection and Navigation" by acts June 30, 1932 and May 27, 1936. See note under section 1 of this title.

"Commissioner of Customs" was substituted for "Director of the Bureau of Marine Inspection and Navigation" on authority of 1946 Reorg. Plan No. 3. See note under section 1 of this title.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY
OF THE TREASURY
Administrative delegation of functions by Secretary of
the Treasury, see note under section 1 of this title.
CROSS REFERENCES

Recording bills of sale, conveyances and mortgages, see section 921 of this title.

§ 40. Change of master; indorsement on certificate of registry.

When the master or person having the charge or command of a registered vessel is changed, the owner, or one of the owners, or the new master of such vessel, shall report such change to the collector of the district where the same has happened, or where the vessel shall first be after the same has happened, and shall produce to him the certificate of registry of such vessel, and shall make oath, showing that such new master is a citizen of the United States, and the manner in which or means whereby he is so a citizen. Thereupon the collector shall indorse upon the certificate of registry a memorandum of such change, specifying the name of such new master, and shall subscribe the memorandum with his name; and if other than the collector of the district by whom the certificate of registry was granted, shall transmit a copy of the memorandum to him, with notice of the particular vessel to which it relates; and the collector of the district, by whom the certificate shall have been granted, shall make a like memorandum of such change in his book of

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