No. 3, and the bond, as per Form No. 4, must be duly executed, when a permanent certificate of registry may be issued in the form prescribed, in which reference will be made to the surrendered papers for the vessel's admeasurement. Should such ship or vessel be in any other district than the one to which she belongs, the collector of the district may, on application of the master or commander, issue a temporary certificate of registry on surrender of the enrolment and license, and his giving the bond, as per Form No. 4, required on the issue of certificates of registry, and taking an oath or affirmation that, according to his best knowledge and belief, the property remains as expressed in the enrolment proposed to be given up; which oath shall be in the form following:

I,

FORM No. 10.

Oath of master of enrolled vessel.

master of enrolled

tion for register.

master (or commander) of the ship (or Form of oath of vessel) called the of——————, do swear, (or, if con- vessel on applicascientiously scrupulous of swearing, do solemnly, sincerely, and truly affirm and declare,) according to my best knowledge and belief, that the property of the said ship (or vessel) remains the same as expressed in the enrolment thereof granted by the collector for the district of

1793.

The collector must transmit the surrendered enrolment Sec. 3 Act Feb. 18. and license to the Register of the Treasury. The temporary certificate of registry issued instead of the surrendered enrolment must, within ten days after the arrival of the vessel (as heretofore defined) within the district to which she belongs, be delivered to the collector of the said district, and be by him cancelled; and if the master or commander of said vessel shall neglect to deliver the said certificate within the time aforesaid, he shall forfeit one hundred dollars. When an enrolled or licensed vessel, having exchanged her papers for a certificate of registry,

proceeds on a foreign voyage, a certificate must be granted by the collector to the master of the vessel, that her former papers have been surrendered. The certificate will be in the following form:

been exchanged of

for register.

On granting per

manent register on

porary register.

surrendered to me an enrolment granted to the said brig collector of the customs for the district of

by

,

and a license to the said brig for carrying on the coasting trade, granted by

numbered

and dated, (or, in case a licensed vessel below twenty tons burden,) has surrendered to me a license to the said for carrying on the

of

by

-, granted to the said collector of the customs for the district

numbered and dated.) As witness

my hand the day and year above mentioned.

On surrender of the temporary certificate of registry, surrender of tem- issued in lieu of an enrolment or license, to the collector of the port to which the vessel belongs, within the time limited by law, and on like surrender of the temporary certificates issued in cases specified in articles 12 and 13 of these Regulations, the collector of the home port may, in each such case, issue a permanent certificate of registry in the prescribed form, referring therein to the former certificate of registry for her admeasurement, (if no change of tonnage since the issue of her former certificate has taken place,) dispensing with the production of the master carpenter's certificate and surveyor's certificate of admeasurement, but requiring the owner's oath and bond, according to Forms Nos. 3 and 4.

Certificate of regis

tryto be given up to

31. In cases where the master, commander, or owner collector; proceed of a ship or vessel shall, in pursuance of law, deliver up Sec. 15 Act Dec. the certificate of registry of such ship or vessel to the

ings thereupon.

21, 1792.

collector who granted it, the collector shall thereupon

cancel the bond given at the time of the granting of such certificate.

If the certificate of registry be delivered up, in pursuance of law, to the collector of any other district, such collector shall give the master, commander, or owner so delivering up the certificate a receipt or acknowledgment that such certificate has been delivered to him, and the time when; which receipt or acknowledgment may be in the form following, to wit:

I,

,

FORM No. 12.

Receipt or acknowledgment by collector.

collector of the customs for the district of Form of receipt on

do hereby certify that

(master, com

surrender of register to collector.

mander, or owner, as the case may be) of the
(here describe the vessel,) belonging to the port of -

has under date of duly delivered up to me the certifi

Upon the production of such receipt or acknowledgment to the collector of the port by whom the certificate of registry was granted, he must cancel the bond of the party, as if the certificate had been returned to him.

32. All certificates of registry surrendered to collectors in pursuance of law, will be transmitted directly to the Register of the Treasury, except those which may be surrendered in the cases stated in articles 12 and 13 of these Regulations. In these last mentioned cases, they will be transmitted to the collectors who granted the same, and after the proper entries have been made in their books, they will transmit the certificates by mail to the Register of the Treasury. Officers to whom they are transmitted will promptly acknowledge their receipt.

33. No ship or vessel, once registered in pursuance of Registered vessels law, and afterwards seized or captured, and condemned

under the authority of any foreign power, or that shall

by sale become the property of a foreigner or foreigners,

can be entitled to receive a new registry, notwithstanding

captured by a foreign power, or which become the property, by sale,

of foreigners. March 27, 1804.

Acts June 27, 1797;

such ship or vessel shall afterwards become American property; but the person, being a citizen of the United States, owning any ship or vessel at the time of the seizure or capture of the same, or his executors or administrators, may, if he or they regain, by purchase or otherwise, a property in such vessel so condemned, claim and receive a new certificate of registry, on due compliance with the conditions prescribed by law. Owners making voluntary sales of registered vessels to foreigners, and afterwards regaining ownership, and all other purchasers of such vessels so sold, The American citi- are thus excluded from the privilege of a new registry. vessel at the time This privilege is granted only to the owner of a vessel, executors or ad- his executors and administrators, of the possession of ing possession, to which he has been divested by seizure or capture and condemnation, under the authority of a foreign government, should he or they afterwards regain the property, The rule equally and comply with the usual requirements of law. The rolled and licensed same rule is applicable to enrolled and licensed vessels.

zen owning the

of seizure, or his

entitled, on regain

new registry.

applicable to en

vessels.

SECTION VII.

ISSUE AND SURRENDER OF PERMANENT AND TEMPORARY

CERTIFICATES OF REGISTRY.

surrendering of

temporary certifi

On the issuing and ART. 34. It is deemed advisable, for convenient referpermanent and ence, to state, in brief, the circumstances under which cates of registry. permanent and temporary certificates of registry may be issued and surrendered.

On granting permanent

certifi

Permanent certificates of registry are to be granted uncates of registry. der the following circunstances, as heretofore more particu

larly prescribed :

First. In cases first, second, third, fourth, and fifth, enumerated in the first section of this chapter, where the vessel belongs to the district in which the application is made;

Second. To a vessel belonging to a port in the district where the application is made, on an oath or affirmation being first made, according to the form heretofore prescribed, No. 8, that the former certificate of registry has been lost or destroyed, or unintentionally and by mere

accident mislaid, the requirements of the law in other cases being also first complied with ;

Third. To a vessel belonging to a port within the district, on the surrender of a temporary certificate of registry granted in another district;

Fourth. To a vessel belonging to a port within the district, on the surrender of a certificate of enrolment granted in the same or another district.

Permanent certificates of registry are to be surrendered on surrender of in the following cases:

First. In case of the sale or transfer of the vessel, in whole or in part, to a citizen or citizens of the United States, or to a foreigner or foreigners;

Second. In case the vessel shall be lost or taken by an enemy, be burnt or broken up, or otherwise prevented from returning to the port to which she belongs;

Third. In case the vessel be altered in form or burden, by being lengthened or built upon; or from one denomination to another, by the mode or method of rigging or fitting.

permanent certifi cates of registry.

porary certificates

Temporary certificates of registry are to be granted on granting temunder the following circumstances, as heretofore more of registry. particularly described:

First. When a ship or vessel is purchased, in whole or in part, or owned by a citizen or citizens of the United States, the same being within any district other than the one in which he or they usually reside; or when a ship or vessel is purchased, in whole or in part, by the agent or attorney of a citizen or citizens living in a district comprehending the port to which the ship or vessel will, by virtue of such purchase, and by force of law, belong, being more than fifty miles distant from the district where such ship or vessel is at the time of purchase by such agent or attorney;

Second. In case a ship or vessel shall arrive within any district, other than that to which she belongs, and it shall be proved that her certificate of registry has been lost or destroyed, or unintentionally and by mere accident mislaid, by an oath or affirmation thereof duly made, the other requirements of the law in that case having been also complied with;