on Requirements arrival in the Uni be issued, as per Form 5. It will not be necessary to produce a master carpenter's certificate, or the surveyor's certificate of admeasurement, if she has undergone no alteration in burden since her last registry; and in the new certificate of registry reference must be made to her last certificate of registry for the admeasurement of such ship or vessel. At the time application is made for the new certificate of registry, the former certificate of registry of the vessel must be surrendered to the collector to whom the application for such new registry is made, and by him be transmitted to the Register of the Treasury for cancellation. If the former certificate of registry be not delivered up as aforesaid, unless on oath or affirmation of its loss, destruction, or mislaying, as hereinafter prescribed, her owner or owners shall forfeit five hundred dollars, to be recovered with costs of suit. 23. Any ship or vessel registered in pursuance of law, ted States of a reg: which shall be sold or transferred, in whole or in part, istered vessel sold or abroad. Sec. 3 Act March 2, 1803. transferred to a citizen or citizens of the United States, while such ship or vessel is without the limits of the United States, shall, on her first arrival in the United States thereafter, be entitled to all the privileges and benefits of a ship or vessel of the United States, if a new certificate of registry be obtained, on due compliance with the law regulating the issue of certificates of registry, within three days after the time (48 hours after arrival) the master or commander is required to make a final report after his arrival in a port of the United States. Registered vessels owned by naturalized citizens, in not entitled to ben certain cases. 24. No ship or vessel shall be entitled to be registered whole or in part, as a ship or vessel of the United States, or, if registered, efits of registry in to the benefits of such registry, if owned, in whole or in Act March 27, 1804. 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 in the capacity of a consul or other public If sold to a citizen agent of the United States. But a vessel so owned and States, entitled to registered, if sold, in good faith, to a citizen of the United States, may, on satisfactory proof of such citizenship to the collector, and due compliance with the other provisions of law, be registered anew as a ship or vessel of the United States. of the United new registry. transferred by process of law, and 25. On proof satisfactory to the Secretary of the Treas- Vessels sold and ury, that any ship or vessel has been sold and transferred by register withheld. process of law, and that her certificate of registry is re- Act March 2, 1797. tained by the former owners, the Secretary of the Treasury may direct the collector of the district to which the vessel belongs, to grant a new certificate of registry, on the owners under such sale complying with the terms and conditions required by law for granting such certificates, excepting only the surrender of the former certificate of registry. It is to be understood, however, that the issue of the new certificate, notwithstanding the non-delivery of the former certificate, does not remove the liability of the person or persons to the penalty for not surrendering the same, which it is the duty of the collector to take the proper legal steps promptly to enforce. built of law when a regis tered vessel is al tered in form or burden. mode sec. 14 Act Dec. 81, 1792. 26. When any vessel registered in pursuance of law is Requirements altered, in form or burden, by being lengthened or upon, or from one denomination to another by the or method of rigging or fitting, such ship or vessel must be registered anew by her former name, (unless changed by authority of the Secretary of the Treasury, as hereafter provided,) otherwise she shall cease to be deemed a ship or vessel of the United States. In order to the new registry of a registered vessel so altered in form, burden, or denomination, (her ownership remaining the same,) the owner's oath must be taken, as per Form 3, the certificate of admeasurement produced, as per Form 1, and the bond given, as per Form 4, when the certificate may be issued by the collector, as per Form 5. It will be understood, however, that, on applications for new papers, no master carpenter's certificate is required to prove that a vessel once duly registered was built in the United States. At the time of application for a new registry and a certificate thereof, the former certificate must be surrendered to the collector, and transmitted by him to the Register of the Treasury for cancellation. For the non-surrender of the former certificate of registry, (unless lost, destroyed, or mislaid,) the same forfeitures will be incurred as in case of non-surrender on sale or transfer of a vessel, as stated in article 22. Requirements in cases where the try has been lost, destroyed, or mis laid. 27. If the certificate of the registry of any ship or vescertificate of regis- sel shall be lost, destroyed, or mislaid, the master or other person having charge or command thereof may make and B13 Act Dec. subscribe an oath or affirmation, before the collector of the district where such ship or vessel shall first be after such loss, destruction, or mislaying, in the form following, to wit: 81, 1792. Form of oath of master of loss, &c., of registry. FORM No. 8. Oath of master to loss of certificate. I, (inserting here the name of the person swearing or certificate of affirming,) being master (or having charge or command) of the ship (or vessel) called the (inserting the name of the vessel) do swear (or affirm) that the said ship (or vessel) has been, as I verily believe, registered according to law, by the name of (inserting again the name of the vessel,) and that a certificate thereof was granted by the collector of the district of (naming the district where registered,) which certificate has been lost, (or destroyed, or unintentionally and by mere accident, mislaid, as the case be,) and (except where the certificate is alleged to have been destroyed) that the same, if found again, and within my power, shall be delivered up to the collector of the district. in which it was granted. The oath or affirmation having been thus taken and subscribed, the owner's oath taken and subscribed, as per Form 3, the certificate of the surveyor of the admeasurement furnished, as per Form 1, and the bond given, as per Form 4, the collector of the port where the vessel may be shall register said vessel, and issue a certificate thereof, according to Form 5, inserting therein that the same is issued in place of one lost, destroyed, or mislaid, as the case may be. If the certificate of registry be thus granted by a collector other than the collector of the district where the vessel belongs, such temporary certificate shall, within ten days after her first arrival within the district to which she belongs, be delivered up to the collector of said district, who shall thereupon grant a new certificate of registry in lieu thereof, and the master or commander neglecting so to deliver up such temporary certificate of registry, within the time aforesaid, shall forfeit one hundred dollars, and the former certificate of registry shall become null and void. term "arrival." Ware's Reports, p. By the term "arrival within the district" is to be un- Definition of the derstood the voluntary arrival of the vessel within her u. 8. rs. Shackford, home district to which she was destined in the regular 169. course of her employment. If, for instance, the vessel is forced by stress of weather into her home district while on her voyage for another port of destination, or stops there, on such voyage, to take in provisions or water, or take on board passengers or baggage, (such not being her usual employment,) it is not an "arrival" within the meaning of the law, and the master is not obliged, in consequence thereof, to surrender his temporary, and take out a permanent, certificate of registry. term "lost." 28. It has become necessary for the Department, on Definition of the applications for a new certificate of registry in lieu of one alleged to have been lost, destroyed, or unintentionally mislaid, to define the term "lost," and to prescribe in what cases a certificate of registry should be held to be "lost," within the meaning of the law. Among others is that in which it is "lost" to the owner's use and control, by reason of its being wrongfully and illegally detained and withheld from his possession, and especially when the owner can avail himself of no legal process to recover the possession of the paper so withheld. such, and similar cases, the Department has authorized the issue of new papers in lieu of those thus withheld; but it must be distinctly understood, that where application is made for a new certificate of registry in lieu of one thus in existence, but not within reach of the owner, such application must first be transmitted to this Department, and authority obtained before such new certificate can be issued. In ings of collector on tificate of registry 29. In cases where a new certificate of registry is issued Further proceedin consequence of an oath or affirmation that the former issuing a new cercertificate has been lost, destroyed, or mislaid, the sub- lost,ce of one stance of the oath or affirmation will be endorsed on the &c. bond for the first certificate of registry, which is to remain with the collector uncancelled. Whenever a temporary certificate of registry is granted on proof of loss, destruction, or mislaying of a certificate issued from another office, the information of said loss, destruction, or mislaying, and of the granting of the new certificate in lieu thereof, must be transmitted to the office from which the document lost, destroyed, or mislaid was issued, in the following form: FORM NO. 9. Notice of the loss, destruction, or mislaying of a certificate of registry. DISTRICT OF Port of Form of notice of loss, &c, of certificate of registry. Requirements on granting registry and licensed. SIR: You are hereby notified that due proof, according to law, has been made at this office of the (loss, destruction, or mislaying, as the case may be) of a ( certificate of registry) granted, as is said, at your office, to the (vessel) of (place and master's name,) master, burden, (tonnage,) owned by -, numbered (here insert number, if known,) dated (here insert date, if known.) In lieu of which, I have granted to the vessel above described a (here insert the number, date, and description of the certificate granted.) 30. Collectors of the customs are authorized to grant, on to vessels enrolled due compliance with the conditions hereinafter prescribed, S8 Act Feb. 18, certificates of registry to vessels enrolled or licensed under the laws of the United States, upon the surrender of their enrolment and license, or license, if under twenty tons. 1798. If the application for such exchange of papers be made at the port to which the vessel belongs, no certificate of the master carpenter, nor (unless some change of the tonnage of the vessel since the issue of her enrolment has taken place) will the surveyor's certificate of admeasurement be required; but the owner's oath, as per Form |