ternal cubical capacity in tons of one hundred cubic feet each, to be ascertained as follows: * * * [See act of May 6, 1864.]

In ascertaining the tonnage of open vessels the upper edge of the upper strake is to form the boundary-line of measurement, and the depth shall be taken from an athwart-ship line, extending from the upper edge of such strake at each division of the length.

The register of the vessel shall express the number of decks, the tonnage under the tonnage-deck, that of the between-decks, above the tonnage-deck; also that of the poop or other inclosed spaces above the deck, each separately. In every registered United States vessel the number denoting the total registered tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if it at any time cease to be so continued, such vessel shall no longer be recognized as a registered vessel of the United States. [Sec. 4154 relates to the measurement of foreign vessels.] SEC. 4155. When the several matters herein before required, in order to the registering of any vessel, have been complied with, the collector ter. of the district comprehending the port to which she belongs shall make and keep in some proper book a registry thereof, and shall grant a certificate of such registry, as nearly as may be, in the form following:

In pursuance of chapter one, Title XLVIII, "REGULATION OF COMMERCE AND NAVIGATION," of the Revised Statutes of the United States, (inserting here the name, occupation, and place of abode of the person by whom the oath was made), having taken and subscribed the oath required by law, and having sworn that he (or she, and if more than one owner, adding the words, "together with," and the name or names, occupation or occupations, place or places of abode, of the owner or owners, and the part or proportion of such vessel belonging to each owner) is (or are) the only owner (or owners) of the vessel called the (inserting here her name), of (inserting here the port to which she may belong), whereof (inserting here the name of the master) is at present master, and is a citizen of the United States, and that the said vessel was (inserting here when and where built), and (inserting here the name and office, if any, of the person by whom she shall have been surveyed or measured) having certified that the said vessel has (inserting here the number of decks) and (inserting here the number of masts), and that her length is (inserting here the number of feet), her breadth (inserting here the number of feet), her depth (inserting here the number of feet), and that she measures (inserting here her number of tons); that she is (describing here the particular kind of vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else, together with her build, and specifying whether she has any or no gallery or head); and the said (naming the owner, or the master, or other person acting in behalf of the owner or owners, by whom the certificate of measurement has been countersigned, as aforesaid) having agreed to the description and measurement above specified, and sufficient security having been given, according to law, the said vessel has been duly registered at the port of (naming the port where registered). Given under my hand and seal, at (naming the said port), this (inserting the particular day) day of (naming the month), in the year (specifying the number of the year, in words, at length.)

Form of regis

Variation from

SEC. 4156. When the master of such vessel himself makes oath touching his being a citizen, the wording of the certificate shall be varied so form. as to be conformable to the truth of the case. Where a new certificate of registry is granted in consequence of any transfer of a vessel, the words shall be so varied as to refer to the former certificate of registry for her measurement.

SEC. 4172. If any vessel registered as a vessel of the United States Failure to reshall be sold or transferred, in whole or in part, by way of trust, confi- port sale to foreigners. dence, or otherwise, to a subject or citizen of any foreign prince or state, and such sale or transfer shall not be made known, as herein before directed, such vessel, together with her tackle, apparel, and furniture, shall be forfeited. If such vessel, however, be so owned in part only, and it is made to appear to the jury before whom the trial for such forfeiture is bad, that any other owner of such vessel, being a citizen of the United States, was wholly ignorant of the sale or transfer to or ownership of such foreign subject or citizen, the share or interest of such citizen of the United States shall not be subject to such forfeiture, and the residue only shall be so forfeited.

Numbers for vessels.

Names of ves

on stern.

SEC. 4177. The Secretary of the Treasury shall have power, under such regulations as he shall prescribe, to establish and provide a system of numbering vessels so registered, enrolled, and licensed; and each vessel so numbered shall have her number deeply carved or otherwise permanently marked on her main beam; and if at any time she shall cease to be so marked, such vessel shall be no longer recognized as a vessel of the United States.

SEC. 4178. The name of every registered vessel, and of the port to sels to be painted which she shall belong, shall be painted on her stern, on a black ground, in white letters, of not less than three inches in length.* If any vessel of the United States shall be found without having her name and the name of the port to which she belongs so painted, the owner or owners shall be liable to a penalty of fifty dollars; recoverable one-half to the person giving the information thereof; the other half to the use of the United States.

Change of name

sel.

SEC. 4179. No master, owner, or agent of any vessel of the United of registered ves- States shall in any way change the name of such vessel, or by any device, advertisement, or contrivance to deceive or attempt to deceive the public, or any officer or agent of the United States, or of any State, or any corporation or agent thereof, or any person or persons, as to the true name or character of such vessel, on pain of the forfeiture of such vessel.

try.

Penalty for SEC. 4189. Whenever any certificate of registry, enrollment, or license, fraudulent regis- or other record or document granted in lieu thereof, to any vessel, is knowingly and fraudulently obtained or used for any vessel not entitled to the benefit thereof, such vessel, with her tackle, apparel, and furniture, shall be liable to forfeiture.

Sea- letters, to what vessels issued.

Making or using forged sea-letter, &c.

Title 48, Chap. 2.

SEC. 4190. No sea-letter or other document certifying or proving any vessel to be the property of a citizen of the United States shall be issued, except to vessels duly registered, or enrolled and licensed as vessels of the United States, or to vessels which shall be wholly owned by citizens of the United States, and furnished with or entitled to sea-letters or other custom-house documents.

SEC. 4191. Every person who knowingly makes, utters, or publishes any false sea-letter, Mediterranean passport, or certificate of registry, or who knowingly avails himself of any such Mediterranean passport, sealetter, or certificate of registry, shall be liable to a penalty of not more than five thousand dollars, and, if an officer of the United States, shall thenceforth be incapable of holding any office of trust or profit under the authority of the United States.

SEC. 4201. The form of a clearance, to be granted to a ship or vessel Form of clear on her departure to a foreign port or place, shall be as follows: District of

ance.

Conveyance of

the mails.

States.

Port of

, SS,

:

These are to certify all whom it doth concern, that
or commander of the
burden

with

guns, navigated with men, having on board

tons, or thereabouts, mounted built, and bound for hath here entered and cleared his said vessel according to law. Given under our hands and seals, at the custom-house of this one thousand and in the year of the Independence of the United States of America. SEC. 4203. All vessels belonging to the citizens of the United States, and bound from any port in the United States to any foreign port, or from any foreign port to any port in the United States shall, before clearance, receive on board and securely convey all such mails as the Post-Office Department of the United States, or any minister, consul, or commercial agent of the United States abroad shall offer, and shall promptly deliver the same to the proper authorities, on arriving at the port of destination, and shall receive for such service such reasonable compensation as may be allowed by law. [See § 3976, POSTAGE.]

Conveyance of SEC. 4204. All vessels belonging to citizens of the United States, and bullion, coin, &c., bound from any port in the United States to any other port therein, or for the United to any foreign port, or from any foreign port to any port in the United States, shall, before clearance, receive on board all such bullion, coin, United States notes and bonds and other securities, as the Government of the United States or any department thereof, or any minister, consul, vice-consul, or commercial or other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the

The name of any vessel may be painted on her stern in yellow or gilt letters. [June 23, 1874.]

same to the proper authorities or consignees, on arriving at the port of destination; and shall receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business.

of consular fees to be annexed to clearance.

SEC. 4207. Whenever any clearance is granted to any vessel of the Copy of rates United States, duly registered as such, and bound on any foreign voyage, the collector of the district shall annex thereto, in every case, a copy of the rates or tariffs of fees which diplomatic and consular officers are entitled, by the regulations prescribed by the President, to receive for their services. [See § 1723, under DIPLOMATIC AND CONSULAR OFFICERS.]

SEC. 4238. Consuls and vice-consuls, in cases where vessels of the Title 48, Chap. 5. United States are stranded on the coasts of their consulates respectively, Vessels strandshall, as far as the laws of the country will permit, take proper measures, ed on foreign as well for the purpose of saving the vessels, their cargoes and appur- coasts. tenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories thereof so taken, shall, after deducting therefrom the expenses, be delivered to the owners. No consul or vice-consul shall have authority to take possession of any such merchandise, or other property, when the master, owner, or consignee thereof is present or capable of taking possession of the same.

Title 49.

Passports of United States

SEC. 4306. Every vessel of the United States, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector for the district where such vessel may be, with a passport, the form for which shall be vessels on departprescribed by the Secretary of State. In order to be entitled to such ure to foreign passport, the master of every such vessel shall be bound, with sufficient country. sureties, to the Treasurer of the United States, in the penalty of two thousand dollars, conditioned that the passport shall not be applied to the use or protection of any other vessel than the one described in it; and that, in case of the loss or sale of any vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if the loss or sale take place within the United States; or within six months, if the same shall happen at any place nearer than the Cape of Good Hope; and within eighteen months, if at a more distant place.

SEC. 4307. If any vessel of the United States shall depart therefrom, Penalty for deand shall be bound to any foreign country, other than to some port in parture without America, without such passport, the master of such vessel shall be lia- passport. ble to a penalty of two hundred dollars for every such offense.

sels.

SEC. 4308. Every unregistered vessel owned by a citizen of the United Passports of States, and sailing with a sea-letter, going to any foreign country, shall, unregistered vesbefore she departs from the United States, at the request of the master, be furnished by the collector of the district where such vessel may be with a passport, for which the master shall be subject to the rules and conditions prescribed for vessels of the United States.

SEC. 4309. Every master of a vessel, belonging to citizens of the Deposit of ship's United States, who shall sail from any port of the United States, shall, papers with conon his arrival at a foreign port, deposit his register, sea-letter, and sul. Mediterranean passport with the consul, vice-consul, commercial agent, or vice-commercial agent, if any there be at such port; and it shall be the duty of such consul, vice-consul, commercial agent, or vice-commercial agent, on such master or commander producing to him a clearance from the proper officer of the port where his vessel may be, to deliver to the master all of his papers, if such master or commander has complied with the provisions of law relating to the discharge of seamen in a foreign country, and to the payment of the fees of consular officers. [See § 1718, DIPLOMATIC OFFICERS.]

SEC. 4310. Every master of any such vessel who refuses or neglects Penalty for failto deposit the papers as required by the preceding section, shall be ure to deposit paliable to a penalty of five hundred dollars, to be recovered by such pers with consul. consul, vice-consul, commercial agent, or vice-commercial agent, in his own name, for the benefit of the United States, in any court of competent jurisdiction.

SEC. 4573. Before a clearance is granted to any vessel bound on a for- Title 53, Chap. 5. eign voyage or engaged in the whale-fishery, the master thereof shall List of crew to deliver to the collector of the customs a list containing the names, places be delivered to

collector.

Rules as to list of crew.

&c.

of birth and residence, and description of the persons who compose his ship's company; to which list the oath of the captain shall be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them; and the collector shall deliver him a certified copy thereof, for which the collector shall be entitled to receive the sum of twenty-five cents.

SEC. 4574. In all cases of private vessels of the United States sailing from a port in the United States to a foreign port, the list of the crew shall be examined by the collector for the district from which the vessel shall clear, and, if approved of by him, shall be certified accordingly. No person shall be admitted or employed on board of any such vessel unless his name shall have been entered in the list of the crew, approved and certified by the collector for the district from which the vessel shall clear. The collector, before he delivers the list of the crew, approved and certified, to the master or proper officer of the vessel to which the same belongs, shall cause the same to be recorded in a book by him for that purpose to be provided, and the record shall be open for the inspection of all persons, and a certified copy thereof shall be admitted in evidence in any court in which any question may arise under any of the provisions of this Title.

SEC. 4575. The following rules shall be observed with reference to vessels bound on any foreign voyage:

First. The duplicate list of the ship's company, required to be made out by the master and delivered to the collector of the customs, under section forty-five hundred and seventy-three, shall be a fair copy in one uniform handwriting, without erasure or interlineation.

Second. It shall be the duty of the owners of every such vessel to obtain from the shipping-commissioner, or officer acting as such in the district from which the clearance is made, a true and certified copy of the shipping-articles, containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations.

Third. These documents, which shall be deemed to contain all the conditions of contract with the crew as to their service, pay, voyage, and all other things, shall be produced by the master, and laid before any consul, or other commercial agent of the United States, whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or assistance.

Fourth. All interlineations, erasures, or writing in a hand different from that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provisions of law which guard the rights of mariners.

Fifth. If any master of a vessel shall proceed on a foreign voyage without the documents herein required, or refuse to produce them when required, or to perform the duties imposed by this section, or shall violate the provisions thereof, he shall be liable to each and every individual injured thereby in damages, to be recovered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine of one hundred dollars for each offense.

Sixth. It shall be the duty of the boarding-officer to report all violations of this section to the collector of the port where any vessel may arrive, and the collector shall report the same to the Secretary of the Treasury and to the United States attorney in his district.

Title 70, Chap. 3. SEC. 5358. Every person who plunders, steals, or destroys any money, Plundering goods, merchandise, or other effects, from or belonging to any vessel in wrecked vessels, distress, or wrecked, lost, stranded, or cast away, upon the sea, or upon any reef, shoal, bank, or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States; and every person who willfully obstructs the escape of any person endeavoring to save his life from such vessel, or the wreck thereof; and every person who holds out or shows any false light, or extinguishes any true light, with intent to bring any vessel, sailing upon the sea, into danger, or distress, or shipwreck, shall be punished by a fine of not more than five thousand dollars, and imprisoned at hard labor not more than ten years. Conspiracy to SEC. 5364. Every person who, on the high seas, or within the United cast away vessel. States, willfully and corruptly conspires, combines, and confederates with any other person, such other person being either within or without the United States, to cast away or otherwise destroy any vessel, with

intent to injure any person that may have underwritten or may thereafterward underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; and every person who, within the United States, builds, or fits out, or aids in building and fitting out, any vessel with intent that the same be cast away or destroyed with the intent herein before mentioned, shall be punished by a fine of not more than ten thousand dollars, and by imprisonment at hard labor not more than ten years.

SEC. 5365. Every person who, on the high seas, willfully and corruptly Owner destroycasts away or otherwise destroys any vessel of which he is owner, in ing vessel at sea. whole or part, with intent to prejudice any person that may underwrite any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall suffer death. [See § 5323, PIRACY.]

Other persons

SEC. 5366. Every person, not being an owner, who, on the high seas, willfully and corruptly casts away or otherwise destroys any vessel destroying vessel to which he belongs, being the property of any citizen, shall suffer at sea. death. [See § 5323, PIRACY.]

sea.

SEC. 5367. Every person, not being an owner, who, on the high seas, Attempt to dewillfully, with intent to destroy the same, sets fire to any vessel, or stroy vessel at otherwise attempts the destruction thereof, being the property of any citizen, shall suffer imprisonment at hard labor for a term not more than ten years nor less than three years.

SEC. 5423. If any person falsely makes, forges, counterfeits, or alters Title 70, Chap. 5. any instrument in imitation of, or purporting to be, an abstract or offi- Forging or alcial copy, or certificate of the recording, registry, or enrollment of any tering ship's pavessel, in the office of any collector of the customs, or a license to any pers or customvessel, for carrying on the coasting trade, or fisheries of the United house documents. States, or a certificate of ownership, pass, passport, sea-letter, or clearance, granted for any vessel, under the authority of the United States, or a permit, debenture, or other official document, granted by any collector or other officer of the customs, by virtue of his office; or passes, utters, or publishes, or attempts to pass, utter, or publish, as true, any such false, forged, counterfeited, or falsely altered instrument, abstract, official copy, certificate, license, pass, passport, sea-letter, clearance, permit, debenture, or other official document herein specified, knowing the same to be false, forged, counterfeited, or falsely altered, with an intent to defraud, he shall be punished by a fine of not more than one thousand dollars, and by imprisonment at hard labor not more than three years. [See § 4191.]

SEC. 1428. The officers of vessels of the United States shall in all Title 15, Chap. 2. cases be citizens of the United States.

Officers to be citizens of United States.

SEC. 1437. The President may detail, temporarily, three competent Officers for servnaval officers for the service of the War Department in the inspection ice of War Deof transport vessels, and for such other services as may be designated by the Secretary of War.

partment.

SEC. 1529. The vessels of the Navy of the United States shall be Title 15, Chap. 6. divided into four classes, and shall be commanded as nearly as may be Four classes as follows:

their command'

First rates, by commodores; second rates, by captains; third rates, ers. by commanders; fourth rates, by lieutenant-commanders.

SEC. 1530. Steamships of forty guns or more shall be classed as first rates, those of twenty guns and under forty as second rates, and all those of less than twenty guns as third rates.

How rated.