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they shall continue to be wholly owned by citizens and to be commanded by a citizen of the United States. *And officers of vessels of the United States shall in all cases be citizens of the United States.
SEC. 4132. Vessels built within the United States, and belonging wholly to citizens thereof, and vessels which may be captured in war by citizens of the United States, and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by citizens, and no others, may be registered as directed in this Title.
SEC. 4133. No vessel shall be entitled to be registered, or, if registered, to the benefits of registry, if owned in whole or in part by any citizen of the United States who usually resides in a foreign country, during the continuance of such residence, unless such citizen be a consul of the United States, or an agent for and a partner in some house of trade or copartnership, consisting of citizens of the United States actually carrying on trade within the United States.
SEC. 4134. No vessel shall be entitled to be registered as a vessel of the United States, or, if registered, to the benefits of registry, if owned in whole or in part by any person naturalized in the United States, and residing for more than one year in the country from which he originated, or for more than two years in any foreign country, unless such person be a consul or other public agent of the United States. Nothing contained in this section shall be construed to prevent the registering anew of any vessel before registered, in case of a sale thereof in good faith to any citizen resident in the United States; but satisfactory proof of the citizenship of the person on whose account a vessel may be purchased shall be exhibited to the collector, before a new register shall be granted for such vessel.
SEC. 4135. *No vessel which has been recorded or registered as an American vessel of the United States, pursuant to law, and which was licensed or otherwise authorized to sail under a foreign flag, and to have
Vessels not entitled to marine documents may be classed as follows:
1. Vessels built in a foreign country, unless they have been captured and condemned, forfeited for breach of law, or wrecked and become the property of American citizens. 2. American-built vessels sold to foreigners.
3. Vessels not commanded by a citizen of the United States.
4. Vessels owned by citizens who live in a foreign country.
5. Vessels owned by citizens not naturalized.
6. Vessels which during the late rebellion sought the protection of a foreign flag. 7. Vessels which, having been seized and condemned by any foreign power, again become the property of citizens of the United States, unless such property be acquired or regained by purchase or otherwise of the owners or their executors or administra
Marine documents, considered with reference to their nature, are registers, enrollments, and licenses.
The register identifies the vessel by her class, name, dimensions, tonnage, master, owners, and home port. It does not define nor limit her occupation. It is available for the foreign or domestic trade, and for the whale fishery, under section 4339.
The enrollment gives a description corresponding to that in a register. It does not define nor limit the occupation in its terms, but section 4311 only authorizes an enrolled vessel to engage in the coasting trade or fisheries. Section 4214 authorizes the enrollment of a vessel to be used as a pleasure vessel.
The license limits the employment of the vessel to the coasting trade, or the whale fishery, or the cod fishery, or the mackerel fishery.
Marine documents, considered with reference to the place of their issue, are called permanent or temporary. A permanent register is granted at the port of entry of the district which includes the home port. A temporary register is granted at the port of entry of any other district (Article 17, Regulations 1874). A permanent license is granted at the home port; a temporary license at any other port. Permanent and temporary enrollments are governed by the same rule as licenses (Article 43, Regulations 1874). In each case the vessel itself must be within the jurisdiction of the officer who grants the document (Article 5, Regulations 1874).
the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry.
SEC. 4136. The Secretary of the Treasury may issue a register or enrollment for any vessel built in a foreign country, whenever such vessel shall be wrecked in the United States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfaction of the Secretary that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired.
See act of June 26, 1884, which excepts cases where a vessel is for any reason deprived of the services of an officer below the grade of master on certain long voyages. Evidences as to wrecked foreign vessel: To obtain a marine document for a wrecked foreign vessel, the applicant must furnish to the custom-house to which it would belong to document the vessel, proof of the wreck within the waters of the United States, of his title thereto by purchase, of the citizenship of the purchaser, of the amount of purchase money paid therefor, and a detailed statement of the items of expenditure for repairs, accompanied by the bills, receipted, which are to be compared at the custom-house with the statement, and the opinion of the chief customs officer on the case, officially certified on the statement, which, with the other papers in the case are to be transmitted to the Secretary of the Treasury. (Article 29. Regulations 1874.) The cost of repairs to the wrecked vessel must not be less than three-fourths of the entire cost to her purchaser and repairer.
"The word wrecked,' as used in section 4136 Revised Statutes, is applicable to a vessel which is disabled and rendered unfit for navigation, whether this condition of the vessel has been caused by the winds or the waves, by standing by fire, by explosion of boilers, or by any other casualty." (Opinion of Attorney-General, December 5, 1877.
In order to the granting of a register under Sec. 4136 R. S., it is sufficient if the cost of repairing the vessel, as well where in so doing the original plan of the vessel is departed from and changes in her construction and internal arrangement are made, new machinery, new appliances for her navigation and other improvements introduced, as where the vessel is simply restored to what she originally was, equals three-fourths of her value when repaired. (Ibid., 1877.)
SEC. 4137. Registers for vessels owned by any incorporated company may be issued in the name of the president or secretary of such company; and such register shall not be vacated or affected by sales of any shares of stock in such company.
SEC. 4138. Upon the death, removal, or resignation of such president or secretary of any incorporated company owning any vessel, a new register shall be taken out for such vessel.
SEC. 4139. 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.
SEC. 4140. The Secretary of the Treasury may make such regulations as he may deem expedient, for the nationalization of all vessels owned by actual residents of the Territory of Alaska, on the twentieth day of June, eighteen hundred and sixty-seven, and which continued to be so owned up to the date of such nationalization.
SEC. 4141. Every vessel, except as is hereinafter provided, shall be registered by the collector of that collection district which includes the port to which such vessel shall belong at the time of her registry; which port shall be deemed to be that at or nearest to which the owner, if
*Documents for vessels owned by an incorporated company may be issued in the name of the president or secretary, but upon the change of such officer for any cause such vessels must be redocumented. Sales of shares of stock do not affect the registry of vessels in the name of a corporation as owner, even though made to foreigners.
there be but one, or, if more than one, the husband or acting and managing owner of such vessel, usually resides.
SEC. 4142. In order to the registry of any vessel, an oath shall be taken and subscribed by the owner, or by one of the owners thereof, before the officer authorized to make such registry, declaring, according to the best of the knowledge and belief of the person so swearing, the name of such vessel, her burden, the place where she was built, if built within the United States, and the year in which she was built; or that she has been captured in war, specifying the time, by a citizen of the United States, and lawfully condemned as prize, producing a copy of the sentence of condemnation, authenticated in the usual forms; or that she has been adjudged to be forfeited for a breach of the laws of the United States, producing a like copy of the adjudication of forfeiture; and declaring his name and place of abode, and if he be the sole owner of the vessel, that such is the case; or if there be another owner, that there is such other owner, specifying his name and place of abode, and that he is a citizen of the United States, and specifying the proportion belonging to each owner; and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for and a partner in a house or copartnership consisting of citizens of the United States, actually carrying on trade within the United States, that such is the case, that the person so swearing is a citizen of the United States, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence, or otherwise, interested in such vessel, or in the profits or issues thereof; and that the master thereof is a citizen, naming the master, and stating the means whereby or manner in which he is a citizen.
SEC. 4143. 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.
SEC. 4144. 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 attor ney, as hereinafter mentioned, 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 one thousand dollars.
SEC. 4145. Previous to the registry of any vessel, the husband or acting and managing owner, together with the master thereof, and one or more sureties, to the satisfaction of the collector of the district whose duty it is to make such registry, shall give bond to the United States, if such vessel be of burden not exceeding fifty tons, in the sum of four hundred dollars; if of burden above fifty tons, and not exceeding one hundred, in the sum of eight hundred dollars; if of burden above one hundred tons, and not exceeding two hundred, in the sum of twelve hundred dollars; if of burden above two hundred tons, and not exceeding three hundred, in the sum of sixteen hundred dollars; and if of burden exceeding three hundred tons, in the sum of two thousand dollars.
SEC. 4146. The conditions of the bond given to obtain the registry of a vessel shall in each case be that the certificate of such 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 that in case such vessel 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 that 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, in such case, within seven days after such purchase, change, or transfer of property, be delivered up to the collector of the district; and that 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.
SEC. 4147. 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. SEC. 4148. Before any vessel shall be registered, she shall be measured by a surveyor, if there be one, or by the person he shall appoint, at the port or place where the vessel may be, and if there be none, by such person as the collector of the district within which she may be shall appoint. But in all cases where a vessel has before been registered as a vessel of the United States, it shall not be necessary to measure her anew, for the purpose of obtaining another register; unless such vessel has undergone some alteration as to her burden, subsequent to the time of her former registry.
SEC. 4149. The officer or person by whom such measurement is made shall, for the information of and as a voucher to the officer to whom the registry is to be made, grant a certificate, specifying the build of the vessel, her number of decks and masts, her length, breadth, depth, the number of tons she measures, and such other particulars as are usually descriptive of the identity of a vessel, and that her name, and the place to which she belongs, are painted on her stern in manner required by this Title; which certificate shall be countersigned by an owner, or by the master of such vessel, or by some other person who shall attend her admeasurement, on behalf of her owner or owners, in testimony of the truth of the particulars therein contained; without which the certificate shall not be valid.
SEC. 4150. The registry of every vessel shall express her length and breadth, together with her depth and the hight under the third or spar deck, which shall be ascertained in the following manner: The tonnage
Carpenter's certificate: The carpenter's certificate should be authenticated by some officer having a seal, if the signature of the carpenter be unknown at the customhouse.
deck, in vessels having three or more decks to the hull, shall be the second deck from below; in all other cases the upper deck of the hull is to be the tonnage deck. The length from the fore part of the outer planking on the side of the stem to the after part of the main stern-post of screw-steamers, and to the after part of the rudder post of all other vessels measured on the top of the tonnage-deck, shall be accounted the vessel's length. The breadth of the broadest part on the outside of the vessel shall be accounted the vessel's breadth of beam. A measure from the under side of the tonnage-deck plank, amidships, to the ceiling of the hold, (average thickness,) shall be accounted the depth of hold. If the vessel has a third deck, then the height from the top of the tonnage deck plank to the under side of the upper-deck plank shall be accounted as the height under the spar-deck. All measurement
to be taken in feet and fractions of feet; and all fractions of feet shall be expressed in decimals.
SEC. 4151. No part of any vessel shall be required by the preceeding section to be measured or registered for tonnage that is used for cabins or state-rooms, and constructed entirely above the first deck, which is not a deck to the hull.
SEC. 4152. The provisions foregoing relating to the measurement of vessels shall not be deemed to apply to any vessel not required by law to be registered, or enrolled, or licensed, unless otherwise specially provided.
SEC. 4153. The register tonnage of every vessel built within the United States or owned by a citizen or citizens thereof shall be her entire internal cubical capacity in tons of one hundred cubic feet each, to be ascertained as follows: Measure the length of the vessel in a straight line along the upper side of the tonnage deck, from the inside of the inner plank, average thickness, at the side of the stem to the inside of the plank on the stern timbers, average thickness, deducting from this length what is due to the rake of the bow in the thickness of the deck, and what is due to the rake of the stern-timber in the thickness of the deck, and also what is due to the rake of the stern-timber in one-third of the round of the beam; divide the length so taken into the number of equal parts required by the following table, according to the class in such table to which the vessel belongs:
TABLE OF CLASSES.*
Class one. Vessels of which the tonnage length according to the above measurement is fifty feet or under: into six equal parts.
Class two. Vessels of which the tonnage length according to the above measurement is above fifty feet and not exceeding one hundred feet into eight equal parts.
Class three. Vessels of which the tonnage length according to the above measurement is above one hundred feet, and not exceeding one hundred and fifty feet: into ten equal parts.
Class four. Vessels of which the tonnage length according to the above measurement is above one hundred and fifty feet, and not exceeding two hundred feet: into twelve equal parts.
What vessels may be registered: Vessels employed in the coasting trade may have a register, if the owners so choose.
Vessels employed in the whale fisheries may be authorized by the Secretary of the Treasury to do so, under restrictions and regulations. It seems that the power has never been exercised, or that the regulations have been lost to sight.
What vessels must be registered: Vessels engaged in trade with a foreign country must be under register. (Article 16, Regulations of 1874.)