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§ 261. Compensation of customs officers for enrollment and license not affected.

CODIFICATION

Section, act Apr. 24, 1906, ch. 1865, § 3, 34 Stat. 136, provided that sections 260 and 267 of this title should not be construed to amend any law in force on Apr. 24, 1906, concerning the compensation of officers of the customs for service connected with the enrollment and license of vessels.

§ 262. License; oath not to defraud revenue; oath as to citizenship.

No licensed vessel shall be employed in any trade whereby 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 vessel 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. (R. S. § 4320; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 251; Jan. 16, 1895, ch. 24, § 3, 28 Stat. 625.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 4, 1 Stat. 306.

CODIFICATION

R.S. § 4320, as originally enacted, was as follows: "In order to the licensing of any vessel for carrying on the coasting-trade or fisheries, the husband, or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become bound to pay to the United States, if such vessel be of the burden of five tons and less than twenty tons, the sum of one hundred dollars; and if twenty tons and not exceeding thirty tons, the sum of two hundred dollars; and if above thirty tons and not exceeding sixty tons, the sum of five hundred dollars; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such vessel has been employed in any trade whereby the revenue of the United States has been defrauded, during the time the license granted to such vessel remained in force. The master of such vessel shall also 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 is specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessel 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, the duty of six cents per ton being first paid, to grant a license."

It was amended by act Feb. 27, 1877, by striking out the words "the duty of six cents per ton being first paid."

It was again amended by act Jan. 16, 1895, to read as set forth here.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 263. Form of license; coastal vessels of five tons or more; vessels operating on Great Lakes.

The form of a license for carrying on the coasting 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, ‘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 sworn that the (insert here the description of the vessel, whether ship, brigantine, scow, 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), in the year (specifying the number of the year in words at length);": Provided, That vessels of five net tons and over entitled under the laws of the United States to be enrolled and licensed or licensed for the coasting trade may be licensed for the "coasting trade and mackerel fishery", and shall be deemed to have sufficient license for engaging in the coasting trade and the taking of fish of every description, including shellfish: Provided further, That the provisions of sections 310 and 311 of this title shall be, and are hereby, made applicable to vessels so licensed: And provided further, That vessels operating on the Great Lakes and their connecting and tributary waters under enrollment and license issued in conformity with the provisions of section 258 of this title, shall be deemed to have sufficient license for engaging in the taking of fish of every description within such waters without change in the form of enrollment and license prescribed under the authority of that section. (R. S. § 4321; May 20, 1936, ch. 434, 49 Stat. 1367.)

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during which this amendment was to continue in force having expired, the clause inserted by the amendment has been omitted.

AMENDMENTS

1936-Act May 20, 1936, substituted the words "having sworn" for "having given bond" and added the three proviso clauses.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Consolidation of forms of enrollment and license, see section 260 of this title.

Penalty for violation of license, see section 325 of this title.

§ 264. Exchange of enrollment and registry.

The collectors of the several districts may enroll and 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 up. (R. S. § 4322.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 3, 1 Stat. 306.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 265. Exchange; when vessel is in another district. When any vessel shall be in any other district than the 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 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 Customs; 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 $100. (R. S. § 4323; July 5, 1884, ch. 221, § 2, 23 Stat. 119; 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, §§ 101104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 3, 1 Stat. 306.

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 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 Commis

sioner of Customs, referred to in this section, is an officer of the Treasury Department.

Words "Commissioner of Navigation" were changed to "Director, Bureau of Navigation and Steamboat Inspection", then to "Director of the Bureau of Marine Inspection and Navigation" and finally to "Commissioner of Customs" on authority of acts June 30, 1932, and May 27, 1936, and 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

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 266. Expiration 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. (R. S. § 4324.) DERIVATION

Act. Feb. 18, 1793, ch. 8, § 5, 1 Stat. 307.
CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 267. Presentation of license for renewal by indorsement; surrender.

The license granted to any vessel shall be presented 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 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 surrendered. If the master shall fail to deliver the license he shall be liable to a penalty of $10. Such penalty on application may be mitigated or remitted by the Commissioner of Customs. (R. S. § 4325; Apr. 24, 1906, ch. 1865, § 2, 34 Stat. 136; May 31, 1939, ch. 160, 53 Stat. 795; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 9, 1 Stat. 308.

CODIFICATION

R.S. § 4325, as originally enacted, read as follows: "The license granted to any vessel shall be given up to the collector of the district who may have granted the same, within three days after the expiration of the time for which it was granted, in case such vessel be then within the district, or if she be absent at that time, within three days from her first arrival within the district afterward, or if she be sold out of the district, within three days after the arrival of the master within any district, to the collector of such district, taking his certificate therefor; and if the master thereof shall neglect or refuse to deliver up the license, he shall be liable to a penalty of fifty dollars."

It was amended by act Apr. 24, 1906 to read as follows: "The license granted to any vessel shall be presented 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 asbent 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 surrendered. If the master shall fail to deliver the license he shall be liable to a penalty of $10, which shall not be mitigated."

AMENDMENTS

1939-Act May 31, 1939, permitted mitigation or remittance of penalty, formerly expressly prohibited.

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

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 268. Exemption from penalty; loss of license.

If such license shall have been previously given up to the collector of any other district, as authorized by sections 251-255, 258, 259, 262-280, 293, 306— 316, 318, 321-330, and 333-335 of this title, 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 required, then the penalty prescribed in section 267 of this title 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 subscribed by the master of such vessel, the collector, upon application being made therefor, shall license such vessel anew. (R. S. § 4326.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 9, 1 Stat. 308.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 269. Return and cancellation; new license.

The owner of any licensed vessel may return such license to the collector who granted the same, at any time within the year for which it was granted; and thereupon the collector shall cancel the same, and shall license such vessel anew, upon the application of the owner, and upon the conditions hereinbefore required being complied with. (R. S. § 4327.)

DERIVATION

Acts Feb. 18, 1793, ch. 8, § 10, 1 Stat. 309; July 18, 1866, ch. 211, § 43, 14 Stat. 188.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 270. Renewal when vessel is in another district.

Whenever it becomes necessary for the owner of any vessel of the United States navigating the waters of the United States, and being in a district other than that to which such vessel belongs, to procure her enrollment and license, or license, or renewal thereof, the same proceedings may be had in the district in which the vessel then is, as are required by law on application for such enrollment and license, or license, or renewal thereof, as the case may be, in the district to which such vessel belongs, excepting the enrollment and issuance of license; and the officer before whom such proceeding is had shall certify the same to the collector of the district to which such vessel belongs, who shall thereupon duly enroll the vessel and issue license in the same form as if the application had originally been made in his office; and shall either deliver the license to the owner, or forward it by mail to the officer who certified to him the preliminary proceedings; and in the latter case, such officer shall deliver the license to the owner or master of the vessel. (R. S. § 4328; Apr. 17, 1874, ch. 106, 18 Stat. 30.)

DERIVATION

Acts Feb. 28, 1865, ch. 69, 13 Stat. 444; Apr. 17, 1874, ch. 106, 18 Stat. 30.

CODIFICATION

R.S. § 4328 applied only to vessels of the United States navigating the western rivers or the waters on the northern, northeastern and northwestern frontiers of the United States otherwise than by sea. It was extended by act Apr. 17, 1874 to include all vessels of the United States navigating the waters of the United States.

Prior to incorporation of the section into the Code, the clause now reading "who shall thereupon duly enroll the vessel," etc., read "who shall thereupon, on the owner giving bond as required in other cases, duly enroll the vessel," etc. R.S. § 4145, requiring a bond as a condition precedent to registry, and which was seemingly made applicable to enrollments by section 4312 (section 252 of this title) was repealed by act Jan. 16, 1895, ch. 24, § 1, 28 Stat. 624.

§ 271. Renewal on sale of vessel.

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 certificate of enrollment or license of such vessel is retained by the former owner, the Commissioner may direct the collector of the district to which such vessel belongs to grant a new certificate of enrollment or license, on the owner's, under such sale, complying with such terms and conditions as are by law required for granting of such papers, excepting only the delivering up of the former certificate of enrollment or license. But nothing in this section shall be construed to remove the liability of any person to any penalty for not surrendering up the papers belonging to any vessel, on a transfer or sale of the same. (R. S. § 4329; 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" to conform to act Feb. 14, 1903, transferring the duties of the Secretary of the Treasury respecting merchant vessels to the Secretary of Commerce and Labor; and act Mar. 4, 1913, designating the Secretary of Commerce and Labor the Secretary of Com

merce.

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.

§ 272. Oath as to payment for repairs.

No license, or enrollment and license, nor renewal of either, shall be issued to any vessel until the collector to whom application is made for the same is satisfied, from the oath of the owner or master, that all equipments and repairs, made in a foreign port within the year immediately preceding such applicacation, have been duly accounted for, and the duties accruing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited. (R. S. § 4330.)

DERIVATION

Act July 18, 1866, ch. 201, § 23, 14 Stat. 184.

CROSS REFERENCES

Duty on equipments and repairs, and remission thereof, see sections 257 and 258 of Title 19, Customs Duties. § 273. Measurement of vessels less than twenty tons.

Before any vessel, of the burden of five tons, and less than twenty tons, shall be licensed, the same measurement shall be made of such vessel, and the same provisions observed relative thereto, as are to be observed in case of measuring vessels to be registered or enrolled; but in all cases, where such vessel or any other licensed vessel shall have been once measured, it shall not be necessary to measure such vessel anew, for the purpose of obtaining another enrollment or license, unless such vessel shall have undergone some alteration as to her burden, subsequent to the time of her former license. (R. S. § 4331.)

DERIVATION

Acts Feb. 18, 1793, ch. 8, § 26, 1 Stat. 315; May 6, 1864, ch. 83, 1, 13 Stat. 69.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state exemption from requirements of this section, see section 336 of this title.

Provisions relating to measurement of vessels before registration or enrollment thereof, see sections 71 et seq. of this title.

36-500 0-65-vol. 10-14

§ 274. Surveyor's return of manifests and permits certified or received.

Every surveyor who certifies a manifest, or grants any permit, or who receives any certified manifest, or any permit, as is provided for in sections 251-255, 258,259,262-280, 293, 306–316, 318, 321-330, and 333-335 of this title, shall make return thereof monthly, or sooner, if it can conveniently be made, to the collector of the district where such surveyor resides. (R. S. § 4332; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 25, 1 Stat. 315.
AMENDMENTS

1930-Act June 17, 1930, repealed requirement of signing of documents by Comptroller of Customs (originally naval officers).

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Office of surveyor of customs abolished except in Port of New York, see section 5a of Title 19, Customs Duties.

§ 275. Record of licenses.

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, once in three months, transmit to the Commissioner of Customs 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 sections 251-255, 258, 259, 262-280, 293, 306–316, 318, 321-330, and 333-335 of this title. 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 name. (R. S. § 4333; July 5, 1884, ch. 221, § 2, 23 Stat. 119; June 30, 1932, ch. 314, § 501, 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 Feb. 18, 1793, ch. 8, § 7, 1 Stat. 308.

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. 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.

Words "Commissioner of Navigation" were changed to "Director, Bureau of Navigation and Steamboat Inspection", then to "Director of the Bureau of Marine Inspection and Navigation" and finally to "Commissioner of Customs" on authority of acts June 30, 1932, and May 27, 1936, and 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

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 276. Change of master.

(a) Whenever the master of any licensed vessel, ferryboats excepted, is changed, the new master, or, in case of his absence, the owner or one of the owners thereof, shall report such change to the collector residing at the port where the same happens, if there be one; otherwise, to the collector residing at any port where such vessel next arrives, who, upon the oath of such new master, or, in case of his absence, of the owner, that such master is a citizen of the United States, and that such vessel shall not, while such license continues in force, be employed in any manner whereby the revenue of the United States may be defrauded, shall endorse such change on the license, with the name of the new master. Whenever such change is not reported, and endorsed, as herein required, such vessel, if found carrying on the coasting trade or fisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States having a register, and the new master shall be liable to a penalty of $10: Provided, That the Commissioner of Customs may authorize the endorsement of not more than two alternate masters in addition to the one already endorsed on the license, whenever in his judgment the condition of employment of the vessel warrants such action: Provided further, That in the case of vessels navigated within the limits of the harbor of any town or city, the name of the owner or some responsible person acting for the owner who otherwise meets all requirements of the laws of the United States with regard to masters, may be endorsed on the license of such vessel, although not actually employed thereon, in accordance with rules and regulations prescribed by the Commissioner of Customs: And provided further, That in the case of unrigged vessels which are not required by law to have on board a certificate of inspection, the name of the owner or any responsible person acting for the owner who otherwise meets all requirements of the laws of the United States with regard to masters, may be endorsed on the license of such unrigged vessel although not actually employed on board the vessel; And provided further, That in the case of any vessel engaged in towing from any port or place embraced within the coastwise laws of the United States to any other such port or place plying in whole or in part on inland rivers, canals, waterways, sounds, gulfs, lakes, and harbors, not carrying passengers nor proceeding directly or indirectly to any foreign port or place or to any port or place in noncontiguous territory of the United States, the name of the owner or some responsible person acting for the owner who otherwise meets all requirements of the laws of the United States with regard to master, may be endorsed on the license of such vessel, although not actually employed thereon, in accordance with rules and regulations prescribed by the Secretary of the Treasury.

(b) In the case of those vessels on the licenses of which there are endorsed the names of more than one master, the master actually in charge of the vessel shall assume all of the duties and responsibilities imposed by any statute upon masters of vessels, and incur the liabilities provided by any law against masters of vessels during any period in which he is in charge of the vessel.

(c) The term "unrigged vessel" as used in this section, means any vessel that is not self-propelled. (R. S. § 4335; May 31, 1939, ch. 159, 53 Stat. 794; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 30, 1957, Pub. L. 85-237, § 1, 71 Stat. 517.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 12, 1 Stat. 309.
AMENDMENTS

1957-Subsec. (a). Pub. L. 85-237 added proviso relating to endorsements on licenses in case of vessels engaged in coast-wise towing, provided they are not carrying passengers or proceeding to a foreign country on noncontiguous territory.

1939-Act May 31, 1939, designated existing provisions as subsec. (a), added thereto provisos relating to endorsements on licenses generally and in case of vessels navigated within limits of any town or city and unrigged vessels, and added subsecs. (b) and (c).

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

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

§ 277. Inspection of documents.

Any officer concerned in the collection of the revenue may at all times inspect the register or enrollment or license of any vessel or any document in lieu thereof; and if the master or other person in charge or command of any such vessel shall not exhibit the same, when required by such officer, unless the vessel is one which by regulation of the Secretary of the Treasury is not required to have its register or enrollment or license or document in lieu thereof on board, such master or person in charge or command shall be liable to a penalty of $100, unless the failure to do so is willful, in which case he shall be liable to a penalty of $1,000 and to a fine of not more than $1,000 or imprisonment for not more than one year, or both. (R.S. § 4336; Aug. 5, 1935, ch. 438, title III, § 312, 49 Stat. 528; Aug. 30, 1957, Pub. L. 85-237, § 2, 71 Stat. 518.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 13, 1 Stat. 309.

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