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AMENDMENTS

1957-Pub. L. 85-237 provided for penalties against other officer in charge or command of vessel and by excepting vessels which are not required by regulation of the Secretary of Treasury to exhibit their documents on board.

1935-Act Aug. 5, 1935, amended section by providing for inspection of the register or any document and punishment for willful failure to exhibit document.

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.

Misdemeanor as offense punishable by imprisonment for term not exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure.

§ 278. Penalty for unlawfully proceeding on foreign voyage.

If any vessel, enrolled or licensed, shall proceed on a foreign voyage, without first giving up her enrollment and license to the collector of the district comprehending the port from which she is about to proceed on such voyage, and being duly registered by such collector, every such vessel, together with her tackle, apparel, and furniture, and the merchandise so imported therein, shall be liable to seizure and forfeiture. (R. S. § 4337.) DERIVATION

Act Feb. 18, 1793, ch. 8, § 8, 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.

Pleasure yachts; license; entry and clearance; restrictions, see section 103 of this title.

279. Certificate for vessel proceeding on foreign voyage.

If the port from which any vessel, so enrolled or licensed, is about to proceed on a foreign voyage, is not within the district where such vessel is enrolled, the collector of such district shall give to the master of such vessel a certificate, specifying that the enrollment and license of such vessel has been received by him, and the time when it was so received; which certificate shall afterward be delivered by the master to the collector who may have granted such enrollment and license. (R. S. § 4338.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 8, 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.

§ 280. Papers for vessels in whale fishery.

All vessels which may clear with registers for the purpose of engaging in the whale fishery shall be deemed to have lawful and sufficient papers for such voyages, securing the privileges and rights of registered vessels, and the privileges and exemptions of vessels enrolled and licensed for the fisheries. (R. S. § 4339.)

DERIVATION

Act Apr. 4, 1840, ch. 6, § 1, 5 Stat. 370.

§§ 281-287. Repealed. Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349.

Sections 281-286, R. S. §§ 4340-4345, related to enrollment and licensing by assistant and deputy collectors at

specified ports and by surveyors at ports of delivery and other ports specified.

Section 287, R. S. § 4334, required licensed vessels to have name and port painted on stern, and is now covered by section 46 of this title.

§ 288. Repealed. Pub. L. 85-911, § 12, Sept. 2, 1958, 72 Stat. 1758, eff. Apr. 1, 1960.

Section, acts June 7, 1918, ch. 93, §§ 1-5, 40 Stat. 602; Aug. 5, 1935, ch. 438, title II, § 210, 49 Stat. 526, related to numbering undocumented vessels and is now covered by section 527 et seq. of this title.

§ 289. Transportation of passengers in foreign vessels. No foreign vessel shall transport passengers between ports or places in the United States, either directly or by way of a foreign port, under a penalty of $200 for each passenger so transported and landed. (June 19, 1886, ch. 421, § 8, 24 Stat. 81; Feb. 17, 1898, ch. 26, § 2, 30 Stat. 248.)

CODIFICATION

Act Feb. 17, 1898, increased from $2 to $200 the penalty for transporting passengers in foreign vessels.

CROSS REFERENCES

Remission or mitigation of fines, see section 320 of this title.

Transportation of merchandise between points in United States in other than domestic-built and documented vessels, see section 883 of this title.

Transportation of passengers and merchandise in Canadian vessels between points in Alaska and United States, see section 289b of this title.

§ 289a. Transportation of passengers in Canadian vessels between Rochester and Alexandria Bay. Until such time as passenger service shall be established by vessels of the United States between the port of Rochester, New York, and the port of Alexandria Bay, New York, the Commissioner of Customs is authorized in his discretion to issue annually permits to Canadian passenger vessels to transport passengers between these ports; such Canadian vessels holding such permits not to be subject to the provisions of section 289 of this title. (Apr. 26, 1938, ch. 174, 52 Stat. 223; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

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.

§ 289b. Transportation of passengers and merchandise in Canadian vessels between points in Alaska and United States.

Notwithstanding the provisions of law of the United States restricting to vessels of the United

States the transportation of passengers and merchandise directly or indirectly from any port in the United States to another port of the United States, passengers may be transported on Canadian vessels between ports in southeastern Alaska, and passengers and merchandise may be transported on Canadian vessels between Hyder, Alaska, and other points in southeastern Alaska, and between Hyder, Alaska, and other points in the United States outside Alaska, either directly or via a foreign port, or for any part of the transportation until the Secretary of Commerce determines that United Statesflag service is available to provide such transportation. (Pub. L. 87-77, June 30, 1961, 75 Stat. 196.)

PRIOR PROVISIONS

Temporary provisions which authorized transportation of passengers and merchandise in Canadian vessels between points in Alaska and United States, were contained in the following acts:

1960-Apr. 5, 1960, Pub. L. 86-410, 74 Stat. 16.
1959-July 31, 1959, Pub. L. 86-126, 73 Stat. 272.
1958-June 30, 1958, Pub. L. 85-473, 72 Stat. 244.
1957-July 11, 1957, Pub. L. 85-103, 71 Stat. 294.
1956-Apr. 18, 1956, ch. 207, 70 Stat. 114.
1955-May 7, 1955, ch. 35, 69 Stat. 47.
1954 June 29, 1954, ch. 413, 68 Stat. 321.
1953-July 16, 1953, ch. 201, 67 Stat. 175.
1952-June 11, 1952, ch. 391, 66 Stat. 133.
1951-June 27, 1951, ch. 153, 65 Stat. 90.
1950 June 29, 1950, ch. 409, 64 Stat. 301.
1949-Aug. 22, 1949, ch. 493, 63 Stat. 622.

§ 290. Transportation of merchandise in foreign vessels.

Section, act Feb. 17, 1898, ch. 26, § 1, 30 Stat. 248, is now covered by section 883 of this title.

§ 291. Transshipment of imported merchandise intended for immediate exportation. Whenever merchandise is imported into the United States by sea for immediate exportation to a foreign port by sea, or by a river, the right to ascend or descend which for the purposes of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power, the Secretary of the Treasury is authorized to prescribe regulations for the transshipment and transportation of such merchandise. (Feb. 17, 1898, ch. 26, § 3, 30 Stat. 248.)

§ 292. Dredging by foreign-built dredges.

A foreign-built dredge shall not, under penalty of forfeiture, engage in dredging in the United States unless documented as a vessel of the United States. (May 28, 1906, ch. 2566, § 1, 34 Stat. 204.)

CODIFICATION

Section 2 of act May 28, 1906, provided for documenting as vessels of the United States certain named foreign-built dredges. It was omitted from the Code, as special only.

§ 293. Establishment of great districts.

The seacoasts and navigable rivers of the United States and Puerto Rico shall be divided into five great districts: The first to include all the collection districts on the seacoasts and navigable rivers between the northern boundary of the State of Maine and the southern boundary of the State of Texas; the second to consist of the island of Puerto Rico; the third to include the collection districts on the seacoasts and navigable rivers between the southern boundary of the State of California and the northern boundary of

the State of Washington; the fourth to consist of the Territory of Alaska; the fifth to consist of the Territory of Hawaii. (R. S. § 4348; May 12, 1906, ch. 2453, § 1, 34 Stat. 190; May 17, 1932, ch. 190, 47 Stat. 158.)

DERIVATION

Acts Mar. 2, 1819, ch. 48, § 1, 3 Stat. 492; May 7, 1822, ch. 62, § 11, 3 Stat. 685.

CODIFICATION

R.S. § 4348, as originally enacted, was as follows: "The seacoast and navigable rivers of the United States shall be divided into three great districts: The first to include all the collection-districts on the sea-coast and navigable rivers, between the eastern limits of the United States and the southern limits of Georgia; the second to include all the collection-districts on the sea-coast and navigable rivers between the river Perdido and the Rio Grande; and the third to include all the collection-districts on the sea-coast and navigable rivers between the southern limits of Georgia and the river Perdido."

Section 2 of act May 12, 1906, provided that the act should take effect on and after Jan. 1, 1907.

CHANGE OF NAME

The name of "Porto Rico" was changed to "Puerto Rico" by act May 17, 1932.

§ 293a. Additional great district.

There is created, in addition to the five great districts provided by section 293 of this title, a sixth great district to include all the collection districts on the Great Lakes, their connecting and tributary waters, as far east as the Raquette River, New York. (July 3, 1926, ch. 757, § 1, 44 Stat. 832.)

SEAMEN'S RIGHTS AND PRIVILEGES UNAFFECTED Section 2 of act July 3, 1926, provided that nothing in this section should affect the rights or privileges reserved to seamen under law existing on July 3, 1926.

§ 293b. Vessels operating in Great Lakes district; laws applicable.

CODIFICATION

Section, act July 3, 1926, ch. 757, § 2, 44 Stat. 832, provided that vessels operating in the district created by section 293a of this title should be subject to the requirements of sections 294-297 of this title. Sections 294 297 have now been repealed.

§§ 294-305. Repealed. June 8, 1940, ch. 284, 54 Stat. 254.

Sections, R. S. 4349-4356, 4357, 4359, 4360, act July 12, 1876, ch. 185, 19 Stat. 90, related to manifests and permits in the case of vessels licensed for carrying on the coasting trade, and trading between different districts.

§ 306. Trade between Alaska and other districts.

The coasting trade between the Territory of Alaska and any other portion of the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great districts. (R. S. § 4358; Aug. 24, 1912, ch. 387, § 1, 37 Stat. 512.)

DERIVATION

Act July 27, 1868, ch. 273, § 5, 5 Stat. 241.

CODIFICATION

Upon incorporation into the Code, the words "Territory of Alaska" were substituted for "territory ceded to the United States by the Emperor of Russia" to conform to act Aug. 24, 1912. See section 21 of Title 48, Territories and Insular Possessions.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1949, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1

and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

CROSS REFERENCES

Great districts, establishment, see sections 293 and 293a of this title.

§ 307. Regulations as to registered vessels in interdistrict trade.

Whenever any vessel of the United States, registered according to law, is employed in going from any one district in the United States to any other district, such vessel, and the master thereof, with the goods she may have on board previous to her departure from the district where she may be, and also upon her arrival in any other district, shall be subject, except as to the payment of fees, to the same regulations, provisions, penalties, and forfeitures, and the like duties are imposed on like officers, as are provided for vessels licensed for carrying on the coasting trade. Nothing herein contained shall be construed to extend to registered vessels of the United States having on board merchandise of foreign growth or manufacture, brought into the United States, in such vessel, from a foreign port, and on which the duties have not been paid according to law. (R. S. § 4361.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 20. 1 Stat. 313.

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.

§ 308. Permit for inland transportation.

The collector of the district of Philadelphia may grant permits for the transportation of merchandise of foreign growth or manufacture across the State of New Jersey to the district of New York, or across the State of Delaware to any district in the State of Maryland or Virginia; and the collector of the district of New York may grant like permits for transportation across the State of New Jersey; and the collector of any district of Maryland or Virginia may grant like permits for transportation across the State of Delaware to the district of Philadelphia. Every such permit shall express the name of the owner, or person sending the merchandise, and of the person to whom the merchandise is consigned, with the marks, numbers, and description of the packages, whether bale, box, chest, or otherwise, and the kind of goods contained therein, and the date when granted; and the owner, or person sending such goods, shall swear that they were legally imported, and the duties paid. Where the merchandise, to be so transported, shall be of less value than $800, the permit shall not be deemed necessary. (R. S. § 4362.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 19, 1 Stat. 313.

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.

Merchandise may be entered for transportation in bond without appraisement to any other port of entry, see section 1552 of Title 19, Customs Duties.

§ 309. Penalty for failure to report arrival of merchandise transported inland.

The owner or consignee of all merchandise transported under the provisions of section 308 of this title and for the transportation whereof a permit is necessary, shall, within twenty-four hours after the arrival thereof at the place to which such merchandise was permitted to be transported, report the same to the collector of the district where it has arrived, and shall deliver up the permit accompanying the same; and if the owner or consignee shall neglect or refuse to make due entry of such merchandise within the time and in the manner directed, all such merchandise shall be subject to forfeiture; and if the permit granted shall not be given up within the time limited for making the report, the person to whom it was granted, neglecting or refusing to deliver it up, shall be liable to a penalty of $50 for every twenty-four hours it shall be withheld afterward. (R. S. § 4363.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 19, 1 Stat. 313.
CROSS REFERENCES

Merchandise may be entered for transportation in bond without appraisement to any other port of entry, see section 1552 of Title 19, Customs Duties.

§ 310. Permit to touch at foreign port.

Whenever any vessel, licensed for carrying on the fishery, is intended to touch and trade at any foreign port, it shall be the duty of the master or owner to obtain permission for that purpose from the collector of the district where such vessel may be, previous to her departure, and the master of every such vessel shall deliver like manifests, and make like entries, both of the vessel and of the merchandise on board, within the same time, and under the same penalty, as are by law provided for vessels of the United States arriving from a foreign port. (R. S. § 4364.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 21, 1 Stat. 313.

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.

Vessels licensed for "coasting trade and Mackerel fishery," application of section to, see section 263 of this title. § 311. Penalty for touching at foreign port without permission.

Whenever a vessel, licensed for carrying on the fisheries, is found within three leagues of the coast, with merchandise of foreign growth or manufacture, exceeding the value of $500, without having such permission as is directed by section 310 of this title, such vessel, together with the merchandise of foreign growth or manufacture imported therein, shall be subject to seizure and forfeiture. (R. S. § 4365.) DERIVATION

Act Feb. 18, 1793, ch. 8, § 21, 1 Stat. 313.

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.

Vessels licensed for "coasting trade and Mackerel fishery," application of section to, see section 263 of this title.

§ 312. Report of arrival at port other than that of destination.

The master of every vessel employed in the transportation of merchandise from district to district, that shall put into a port other than the one to which she was bound, shall, within twenty-four hours of his arrival, if there be an officer residing at such port, and she continue there so long, make report of his arrival to such officer, with the name of the place he came from, and to which he is bound, with an account of his lading; and every master who neglects or refuses so to do shall be liable to a penalty of $20. (R. S. § 4366.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 22, 1 Stat. 314.

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.

§ 313. Foreign vessels bound coastwise.

The master of every foreign vessel bound from a district in the United States to any other district within the same, shall, in all cases, previous to her departure from such district, deliver to the collector of such district duplicate manifests of the lading on board such vessel, if there be any, or, if there be none, he shall declare that such is the case; and to the truth of such manifest or declaration he shall swear, and also obtain a permit from the collector, authorizing him to proceed to the place of his destination. (R. S. § 4367.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 24, 1 Stat. 314.

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.

§ 314. Delivery of manifest of foreign vessel.

The master of every foreign vessel, on his arrival within any district from any other district, shall, in all cases, within forty-eight hours after his arrival, and previous to the unlading of any goods from on board such vessel, deliver to the collector of the district where he may have arrived, a manifest of the goods laden on board such vessel, if any there be; or if in ballast only, he shall so declare; he shall swear to the truth of such manifest or declaration, and shall also swear that such manifest contains an account of all the merchandise which was on board such vessel at the time, or has been since her departure from the place from whence she shall be reported last to have sailed; and he shall also deliver to such collector the permit which was given him from the collector of the district from whence he sailed. (R. S. § 4368.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 24, 1 Stat. 314.

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.

§ 315. Penalty against foreign vessels trading coastwise.

Every master of any foreign vessel who neglects or refuses to comply with any of the requirements of sections 313 and 314 of this title, shall be liable to a

penalty of $100. Nothing therein contained shall, however, be construed as affecting the payment of tonnage, or any other requirements to which such vessels are subject by law. (R. S. § 4369.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 24, 1 Stat. 314.
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.

§ 316. Use of foreign vessels in United States ports. (a) Towing United States vessels; fines and penalties. It shall be unlawful for any vessel not wholly owned by a person who is a citizen of the United States within the meaning of the laws respecting the documentation of vessels and not having in force a certificate of registry, a certificate of enrollment, or a license, issued pursuant to this title, or a certificate of award of number issued pursuant to section 288 of this title, to tow any vessel other than a vessel of foreign registry, or a vessel in distress, from any port or place in the United States, its Territories or possessions, embraced within the coastwise laws of the United States, to any other port or place within the same, either directly or by way of a foreign port or place, or to do any part of such towing, or to tow any such vessel, from point to point within the harbors of such places. The owner and master of any vessel towing another vessel in violation of the provisions of this section shall each be liable to a fine of not less than $250 nor more than $1,000, which fines shall constitute liens upon the offending vessel enforceable through the district court of the United States for any district in which such vessel may be found, and clearance shall not be granted to such vessel until the fines have been paid. The towing vessel shall also be further liable to a penalty of $50 per ton on the measurement of every vessel towed in violation of this section, which sum may be recovered by way of libel or suit.

(b) Person defined.

The term "person" as used in subsection (a) of this section, shall be held to include persons, firms, partnerships, associations, organizations, and corporations, doing business or existing under or by the authority of the laws of the United States, or of any State, Territory, district, or other subdivision thereof. (c) Foreign railroad companies using ferries, tugboats, or towboats.

Any foreign railroad company or corporation, whose road enters the United States by means of a ferry, tugboat, or towboat, may own such vessel and operate the same in connection with the water transportation of the passenger, freight, express, baggage, and mail cars used by such road, together with the passengers, freight, express matter, baggage, and mails transported in such cars, without being subject to any other or different restrictions than those imposed by law on any vessel of the United States entering ports of the United States from ports in the same foreign country: Provided, That except as authorized by section 883 of this title, such ferry, tugboat, or towboat shall not, under penalty of forfeiture, be used in connection with the transportation of any merchandise shipped from any port or

place in the United States, its Territories or possessions, embraced within the coastwise laws of the United States, to any other port or place within the same.

(d) Salvaging operations by foreign vessels.

No foreign vessel shall, under penalty of forfeiture, engage in salvaging operations on the Atlantic or Pacific coast of the United States, in any portion of the Great Lakes or their connecting or tributary waters, including any portion of the Saint Lawrence River through which the international boundary line extends, or in territorial waters of the United States on the Gulf of Mexico, except when authorized by a treaty or in accordance with the provisions of section 725 of this title: Provided, however, That if, on investigation, the Commissioner of Customs is satisfied that no suitable vessel wholly owned by a person who is a citizen of the United States and documented under the laws of the United States or numbered pursuant to section 288 of this title, is available in any particular locality he may authorize the use of a foreign vessel or vessels in salvaging operations in that locality and no penalty shall be incurred for such authorized use.

(e) Operations permitted by treaty.

Nothing in this section shall be held or construed to prohibit or restrict any assistance to vessels or salvage operations authorized by article II of the treaty between the United States and Great Britain "concerning reciprocal rights for United States and Canada in the conveyance of prisoners and wrecking and salvage" signed at Washington, May 18, 1908 (35 Stat. 2036), or by the treaty between the United States and Mexico "to facilitate assistance to and salvage of vessels in territorial waters", signed at Mexico City, June 13, 1935 (49 Stat. 3359). (R.. S. § 4370; June 11, 1940, ch. 324, 54 Stat. 304; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

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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" in subsec. (d) 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

Canadian vessels aiding vessels wrecked or disabled in United States waters, see section 725 of this title. Corporation meeting certain conditions deemed citizen for purposes of this section, see section 883-1 of this title.

§ 317. Repealed. Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349.

Section, R. 8. § 4371, related to fees and forfeitures for trading without enrollment or license.

§ 318. Exemptions where license expires at sea.

If any vessel be at sea at the expiration of the time for which the license was given, and the master of such vessel shall swear that such was the case, and shall also, within forty-eight hours after his arrival, deliver to the collector of the district in which he shall first arrive the license which shall have expired, the forfeiture prescribed in section 317 of this title shall not be incurred, nor shall the vessel be liable to pay the fees and tonnage therein required. (R. S. § 4372.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 6, 1 Stat. 308.

REFERENCES IN TEXT

Section 317 of this title, referred to in the text, was repealed by act Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349. § 319. Fine for trading without license.

Every vessel of twenty tons or upwards, entitled to be documented as a vessel of the United States, other than registered vessels found trading between district and district, or between different places in the same district, or carrying on the fishery, without being enrolled and licensed, and every vessel of less than twenty tons and not less than five tons burden found trading or carrying on the fishery as aforesaid without a license obtained as provided by this chapter, shall be liable to a fine of $30 at every port of arrival without such enrollment or license, and if she have on board any merchandise of foreign growth or manufacture (sea stores excepted), or any taxable domestic spirits, wines, or other alcoholic liquors, on which the duties or taxes have not been paid or secured to be paid, she shall, together with her tackle, apparel and furniture, and the lading found on board, be forfeited. Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying merchandise or containers of merchandise found on board such vessel, shall be prima facie evidence of the foreign origin of such merchandise. But if the license shall have expired while the vessel was at sea, and there shall have been no opportunity to renew such license, then said fine or forfeiture shall not be incurred. (June 19, 1886, ch. 421, § 7, 24 Stat. 81; Aug. 5, 1935, ch. 438, title III, § 314, 49 Stat. 529.)

REFERENCES IN TEXT

The words "this chapter", referred to in the text, are a translation of "this title" appearing in the act of June 19, 1886. That act was not subdivided into titles, and section 7 did not expressly amend any section of the Revised Statutes. The term is therefore ambiguous, but probably was intended to refer to Title 50 of the Revised Statutes, set

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