SECTION V. ON THE GRANTING OF CERTIFICATES OF REGISTRY TO VESSELS NOT to registry of vessels States which have never been regis rolled, or licensed. ART. 14. In the case of a ship or vessel built in the Prerequisites United States, owned wholly by a citizen or citizens there- built in the United of, and which has never been registered, enrolled, licensed, tered, recorded,enor recorded, under the laws of the United States, it will Act Dec. 81, 1792. be necessary, before the collector is authorized to issue a certificate of registry, that her tonnage and denomination be ascertained by the production of the certificate of the surveyor or officer making the admeasurement, as per Form 1; that the name and place of the vessel be painted on her stern, in the mode prescribed by law, and that the fact of her having been built in the United States be also proved by the production of the principal or master carpenter's certificate, under whose direction she was built, as per Form 2; or other equivalent evidence, if authorized by the Secretary of the Treasury, as heretofore provided; that the oath or affirmation of the owner, or one of the owners, be taken before the collector authorized to make the registry, as per Form 3, and that the bond, as per Form 4, be executed by the husband or acting and managing owner of the ship or vessel, and the master thereof, with sureties satisfactory to the collector. These several requirements having been complied with, the collector of the district, to which the vessel belongs, will register the same, and grant a permanent certificate thereof, according to Form 5. vessels condemned law of the United States; Or captured in war, and conprize. 15. In case of application for the registry of vessels Registry of foreign entitled thereto by reason of having been condemned for violation of a for a violation of a law of the United States, or captured in war by a citizen or citizens of the United States, and emned as lawful condemned as lawful prize, the same being wholly owned by a citizen or citizens of the United States, the collector of the district, to which the vessel belongs, must be furnished with a properly authenticated copy of the decree, Act Dec. 31, 1792. Registry of foreign vessels wrecked in waters of the United States. judgment, or sentence of the court pronouncing the condemnation, with the proof of the applicant's ownership, and the surveyor's certificate of tonnage, as per Form No. 1, the oath or affirmation of the owners, as per Form No. 3, and the bond, as per Form No. 4. On the production of these documents, in proper form and substance, the collector will register the vessel, and grant a permanent certificate thereof, according to Form No. 5. 16. In case of application for the registry of a vessel of foreign build, wrecked in the waters of the United States, Act Dec. 23, 1852. and purchased and repaired by a citizen or citizens thereof, the applicant will be required to furnish to the collector of the port to which the vessel belongs, proof of the wreck within the waters of the United States, of his or their title thereto by purchase, of the citizenship of the owner or owners, 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 with the statement by the collector, and his opinion on the case officially certified on the statement, which will be laid by the collector, with the other papers in the case, before the Secretary of the Treasury, who, if he shall find the same satisfactory, and that the repairs have amounted to three-fourths of the entire cost of the vessel, will return the papers to the collector, with his special authority to register the vessel and issue a certificate thereof, furnishing the applicant with a duly authenticated copy of such authority. On the presentation of such authenticated copy to the collector, with the certificate of admeasurement, as per Form No. 1, the oath or affirmation, as per Form No. 3, and bond, as per Form No. 4, the collector will register the vessel, and issue a permanent certificate of registry, as per Form No. 5. Cost of repairs to Some doubt having been expressed as to the meaning of the provision requiring the cost of repairs to equal such vessels; how computed. three-fourths of the cost of the vessel when repaired, it will be borne in mind, that it is not the absolute or marketable value of the vessel, but the cost to her purchasers and repairers, to which the provision is held by the Department to refer. For instance, if the purchase money of the vessel amount to $500, the amount expended in repairs must equal three times that amount, or $1,500, to come within the relief of the law, the aggregate cost being $2,000, and three-fourths of it being for repairs. boats, or other corporated compa ny. 17. Certificates of registry may be issued for steam- Registry of steamboats or vessels owned by any incorporated company in vessel, by compa the name of the president or secretary of such company, To be issued in the and they will not be vacated or affected by a sale of any deut or secretary share or shares of any stockholder or stockholders in such company. name of the presi of the company. cessary; when. On the death, removal, or resignation of the president New registry neor secretary of any incorporated company owning any Act March 8, 1925. such steamboat or vessel, a new certificate of registry must be issued for such vessel. registry. Before a certificate of registry can be issued to a steam- Prerequisites boat or vessel owned by an incorporated company, the same course must be pursued, and the same preliminary evidence required, as in the 14th article of these Regulations, with the exception of the oath, which will be in the following form: I, be) of FORM NO. 7. Oath of officer of incorporated company. to president or secre president (or secretary, as the case may Form of oath of company, do swear (or affirm) according to tary. the best of my knowledge and belief, that the in the State of — , and in the year was built at thousand eight hundred and in conformity with the several laws respecting naturalization): So help me God. Oath of citizenship; when to be taken by master or commander. On registry of vessel, not previously chased by citizens district. It must be understood, however, that when the master or commander of the steamboat or vessel shall be within the district when the application for registry shall be made, he is himself, instead of the president or secretary, to take the oath as to his citizenship, and state the means whereby or manner in which he became a citizen. It will be necessary when the vessel was not built in the United States, but was condemned for violations of the laws, or as prize in war, or wrecked, and authorized by the Secretary of the Treasury to be registered in conformity with law, to substitute in the oath for "and was built at in the State of in the year of was condemned for a violation of the laws of the United States, or as a lawful prize, as the case may be, or was wrecked in the waters of the United States, and authorized by the Secretary of the Treasury to be registered in pursuance of law. 18. Should any citizen or citizens of the United States documented, pur purchase, or become owners of any vessel of any of the out of their proper descriptions mentioned in this section, entitled to be registered as a vessel of the United States, such vessel being within any district other than that in which he or they usually reside, such vessel will be duly registered by the collector of the district within which she may be, who will grant a temporary certificate thereof, the owner or owners complying with the requirements specified in this section, in respect to the class or description to which such vessel may belong-the owner's oath being taken either before the collector of the district to which the vessel belongs or before the collector of that within which she may then be, in accordance with article 12. On registry of vessel purchased by while in a district 19. Should any vessel belonging to any of the descripagent or attorney tions mentioned in this section, entitled to registry as a more than 50 miles vessel of the United States, be purchased by an agent or attorney for or on account of a citizen or citizens of the United States-such vessel being in a district more than fifty miles distant by the nearest usual route by land from from her proper district. the one to which the vessel belongs-upon such agent or attorney complying with the requirements specified in this section, in respect to the class or description to which the vessel may belong, and with the provisions of article 13, the collector will duly register such vessel, and grant a temporary certificate thereof. 20. The provisions of law in regard to the issue of temporary certificates of registry, referred to in articles 12 and 13 of these Regulations, and their due surrender to collectors on arrival at the home port, will be carefully observed, and the penalties therein prescribed, when incurred, will be rigorously enforced. SECTION VI. ON REGISTERING OF VESSELS PREVIOUSLY DOCUMENTED AS new admeasurement is re ART. 21. In cases where a ship or vessel has been before When registered, a new admeasurement is not necessary, except quired, she has undergone some alteration as to her burden sub-1792. sequent to her former registry, and in her new certificate of registry, that part of Form No. 5, referring to her tonnage, must be so varied as to refer to her former certificate of registry for her admeasurement. Requirements of transfer of a regis or Sec. 14 Act Dec. 22. When any ship or vessel, once registered in pursu- law on sale ance of law, shall, in whole or in part, be sold or trans- tered vessel. ferred to a citizen or citizens of the United States, such 81, 1792.1 ship or vessel must be registered anew by her former name, (unless changed by authority of the Secretary of the Treasury, as hereinafter provided,) otherwise she will cease to be a vessel of the United States. In every such sale or transfer, there must be some instrument of writing, in the nature of a bill of sale, which shall recite at length her former certificate of registry, and also set forth the part of the vessel owned by each person selling, and the part conveyed to each person purchasing. proper bill of sale being produced to the collector, the oath taken, as per Form 3 or 6, (as the case may be,) and bond given, as per Form 4, a new certificate of registry may A |