lectors in reference

It will be taken for granted, that every particular in Instructions to colthe abstract, No. 34, corresponds with the license issued, to licensed vessels. to wit that the master has taken the oath required by law, and that he, with the person named as husband or managing owner and the person named as surety, have executed a bond for one hundred dollars. Unless the expectations of the Treasury are fulfilled in respect to the accuracy of this return, it will be indispensably necessary to require copies of the licenses.

At the foot of this abstract, or separate therefrom, as may be most convenient, a list of all licenses surrendered or vacated of those granted within the district, is to be inserted according to the example given in the form. The balance of tonnage will be carried forward and constitute the first entry in the succeeding return.

Licenses granted in other districts and surrendered in a collector's office will be separately transmitted, according to the rules before given, but will not be entered in this abstract, the balance of which is intended to exhibit the whole tonnage of licensed vessels under twenty tons burden belonging to the district.

record of vessels.

71. Certificates of record are to be regularly numbered, On certificates of and copies thereof transmitted to the Register of the Treasury, with an account of blanks received and issued; and when récorded vessels are purchased by citizens of the United States, and registered or enrolled, the certificates of record, it will be borne in mind, must be surrendered, cancelled, and returned by the collector to the Register of the Treasury.

master of register

corded, or licensed

72. It is required by the law, that whenever the master on the change of of a registered, enrolled, recorded, or licensed vessel is ed, enrolled, rechanged, a memorandum of such change be endorsed on vessels. the certificate or license by the collector of the district at which the vessel shall first arrive, or where the vessel shall be at the time when the change shall happen. If the endorsement is made by any other than the collector of the district who granted the certificate or license, a notice of such endorsement is to be transmitted to him by mail.

That the necessary record of changes of masters of vessels may be made at the Treasury, a return of all

Form of endorsement.

endorsements is to be rendered to the Register, agreeably to the Form marked No. 35.

FORM NO. 35.

Abstract of endorsements of changes of masters of vessels, made on certificates of registry, enrolment, record,

on licenses, in the district of ·

from

to

and

N. B. When the names of recorded vessels are changed and endorsed on certificates of record, this form will require an additional column, in which the new names will be inserted.

For the sake of uniformity, it is directed that all endorsements be made in the following manner, except that what respects the oath may be omitted on certificates of record, viz:

taken the oath required by law, is at present master of the within-named vessel, in lieu of

late master.

-, having

FOREIGN-BUILT VESSELS WHOLLY OWNED BY CITIZENS OF THE
UNITED STATES, CANAL BOATS AND LIGHTERS.

ART. 73. On questions submitted to this Department, as to what documents can be issued under the laws of the United States to foreign-built vessels purchased and

Remarks.

wholly owned by citizens of the United States, whether purchased of belligerents or neutrals during a war to which the United States are not a party, or in peace, of foreign owners, it has been decided as follows:

titled to protection as American pro

register,enrolment,

Vessels so purchased and owned are entitled to the Such vessels enprotection of the authorities and flag of the United States, perty, but not to as the property of American citizens, although no regis- or license. ter, enrolment, license, or other marine document, prescribed by the laws of the United States, can be lawfully issued to such vessels.

may

make record of bill

74. To enable, however, the owners of a vessel so circum- Collector stanced to protect their rights, if molested or questioned, of sale. the collector of the customs, though forbidden by law to grant any marine document or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its validity in form and substance, and de- And certify its valiver to the owner a certificate to that effect; certifying, also, that the owner is a citizen of the United States.

75. These facts, thus authenticated, if the transfer was in good faith, entitle the vessel to protection as the lawful property of a citizen of the United States; and the authentication of the bill of sale and of citizenship will be prima facie proof of such good faith.

lidity.

And citizenship of

owner.

collector

may record bill of

sale and grant cer

tificate.

76. In all cases, therefore, where the evidence of the When purchase of a foreign vessel by a citizen of the United States, with proof of citizenship and of the bona fide character of the purchase, shall be furnished to a collector of the customs, he will, if the proof be satisfactory, and purchase deemed fair, record the bill of sale in his office, and deliver to the party the original, with a certificate endorsed thereon in the following form, to wit:

FORM NO. 37.

Certificate of bill of sale.

collector of the customs for the port of Form of certificate in the United States of

I,

in the State of

America, do hereby certify, that the within bill of sale,

bearing date of, of the

(here describe the

is, in form and

vessel, her tonnage, denomination, name, &c.,) sold and

of bill of sale.

Tonnage to be duly ascertained.

Foreign merchan

'dise cannot be im

iented vessels.

substance, valid and effective in law, and has been duly recorded in my office; and that the said (naming the owners) are citizens of the United States.

As witness my hand and seal, this in the year of our Lord 185

day of

77. Before granting such certificate, the collector of the customs will require the tonnage of the vessel to be duly ascertained in pursuance of law, and insert the same in the description of the vessel in his certificate.

78. It will be distinctly understood, however, that vesported in undocu- sels not registered, enrolled, or licensed, under the laws of the United States, wholly owned by citizens thereof, cannot legally import goods, wares, or merchandise from foreign ports, and are subjected in the coasting trade to disabilities and exactions from which documented vessels of the United States are exempted.

When subject to forfeiture.

79. On arrival from a foreign port, such undocumented vessels, if laden with goods, wares, or merchandise, If in ballast, &c., will, with their cargoes, be subjected to forfeiture. If in ballast only, or with passengers, without cargo, they will March 27, 1801, be subject to a tonnage duty of one dollar per ton.

to pay tonnage du

ty.

Acts July 20, 1790,

March 1, 1817.

When carrying domestic goods only, coastwise.

80. In the coastwise trade, such undocumented vessels, if laden with goods, wares, and merchandise of the growth or manufacture of the United States only, (distilled spirits only excepted,) taken in, within one district of the United States to be discharged in another district Sec. 6 Act Feb. 18, within the same, or in ballast, will be subjected at every 1790, and Mar. 27, port of the United States at which they may arrive, to payment of the fees prescribed by law in the case of vessels not belonging to citizens of the United States, and to Forfeiture if carry, a tonnage duty of one dollar per ton. But if they have on board any articles of foreign growth or manufacture,

1798, Act July 20,

1804.

ing any portion of foreign articles.

or distilled spirits, other than sea stores, such vessels, with their tackle, apparel, furniture, and the lading found Master of such ves- on board, will be forfeited. And the master or com

sel to comply with

ments of law.

certain require- mander of any such vessel bound from one district in the United States to another district within the same, must

Feb. 18, 1798.

Sec. 22 and 24 Act in all cases comply with the provisions of the 22d and 24th sections of the coasting act of the 18th February,

1793, in regard to reports, manifests, permits, entries, and other requirements, therein contained; and on neglect or refusal to comply with any of them, he will incur the penalties therein prescribed.

vessels passing

district to another in the United States.

81. The provisions of those sections apply to undocu- Provisions apply to mented vessels passing from one collection district to from one collection another collection district within the United States; such vessels not being embraced within the provisions of the act of 2d March, 1819, and the 11th section of the act of 7th May, 1822, dividing the coast of the United States into certain great districts for the better regulation of the coasting trade.

be kept and return

A separate record will be kept of these vessels, and Separate record to in the tonnage returns to the Department they will be made. reported in a separate column, under the head of "Foreign-built vessels owned by citizens of the United States."

or

lighters not subject

coasting act.

Sec. 37 Act Feb. 18,

1798.

exempt from the

registering and enrolment acts.

Feb. 18, 1798; July

82. The provisions of the coasting act do not extend to Harbor boats or any boat or lighter, not being masted, or, if masted and to provisions of not decked, employed in the harbor of any town city. The exemption of canal boats from the payment of fees Canal boats; when and hospital money by the act of July 20, 1846, cannot provisions of the extend to boats or barges exceeding five tons burden, Acts Dec. 81, 1792; although without masts, or steam power within them- 20, 1846. selves, when the usual practice of such boats or barges is to come out of the canals and trade, by the aid of steamboats and propellers, on natural navigable waters, from district to district-such boats or barges thus becoming liable to the regular payment of hospital money and fees, besides being by law required to be registered, licensed, or enrolled and licensed, and governed by the several provisions of the laws regulating the coasting trade.

Canal boats are such boats as are adapted for, and ordinarily employed in, the transportation of merchandise or passengers on or through canals, "without masts or steam power."

Vessels or boats which ply altogether on tide and other navigable waters cannot be deemed canal boats, in contemplation, and entitled to the privileges, of the act of 20th July, 1846.