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PART XLVIII.-CUSTOMS DISTRICTS, PORTS, AND SUBPORTS.
1. Revised Statutes and amendments...
2. Acts subsequent to Revised Statutes.
NAVIGATION LAWS OF THE UNITED STATES.
1. Definition of vessel.
10. Licensed vessels under 20 tons.
1. Definition of vessel.
The word "vessel” includes every description of water- R. S., 3. craft or other artificial contrivance used or capable of being used as a means of transportation on water. 2. Vessels of the United States.
Vessels registered pursuant to law and no others, R. 8., 4131. except such as shall be duly qualified according to law for carrying on the coasting or fishing trade, shall be deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels; but no such vessel shall enjoy such benefits and privileges longer than it shall continue to be wholly owned by a citizen or citizens of the United States or a corporation created under the laws of any of the States thereof, and be commanded by a citizen of the United States. And May 23, 1896. all the officers of vessels of the United States who shall have charge of a watch, including pilots, shall in all cases be citizens of the United States. See also qualifications of officers, page 56.] 3. Registered vessels.
Vessels built within the United States and belonging Rie: 24,32 wholly to citizens thereof; and vessels which may be cap- Sec. 5. tured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States; and seagoing vessels, whether steam or sail, which have been certified by the Steamboat-Inspection Service as safe to carry dry and perishable cargo, wherever built, Aug. 18, 1914. which are to engage only in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tutuila, being wholly owned by citizens of the United States or corporations organized and chartered under the laws of the United States or of any State thereof, the president and managing directors of which shall be
Oct. 3, 1913.
citizens of the United States, and no others, may be reg. istered as directed in this title. Foreign-built vessels registered pursuant to this Act shall not engage in the coastwise trade: Provided, That a foreign-built yacht, pleasure boat, or vessel not used or intended to be used for trade admitted to American registry pursuant to this
section shall be exempt from the collection of ad valorem peals sec. 37. duty provided in section thirty-seven of the Act approved
August fifth, nineteen hundred and nine, entitled “An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other pur
Provided further, That such vessels so admitted under the provisions of this section may contract with the Postmaster General under the Act of March third, eighteen hundred and ninety-one, entitled "An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce,” so long as such vessels shall in all respects comply with the provisions and requirements of said Act.
4. Provisional certificates of registry. Mar. 4, 1915. Consular officers of the United States and such other
persons as may from time to time be designated by the President for the purpose are hereby authorized to issue provisional certificates of registry to vessels abroad which have been purchased by citizens of the United States, including corporations, as defined in section forty-one hundred and thirty-two, Revised Statutes, as amended by the Panama Canal Act and the Act of August eighteenth, nineteen hundred and fourteen.
(a) Such a provisional certificate shall entitle the vessel to the privileges of a vessel of the United States in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tutuila until the expiration of six months from its date or until ten days after the vessel's arrival at a port of the United States, whichever first happens, and no longer. On arrival at a port of the United States the vessel shall become subject to the laws relating to officers, inspection, and measurement, as amended by the Act of August eighteenth, nineteen hundred and fourteen.
(b) The Secretary of Commerce shall prescribe the conditions in accordance with which such provisional certificates shall be issued and the manner in which they shall be surrendered in exchange for certificates of registry at ports of the United States.
(c) The form of such provisional certificate shall be prescribed by the Commissioner of Navigation and shall include the name of the ship and of the master, time and place of purchase and names of purchasers, and the best
1 The collector of customs of the Philippine Islands, the captains of the ports of Cristobal and Balboa, Canal Zone, and the governor of Guam were designated by Executive Order of April 7, 1915.
particulars respecting her tonnage, build, description, and inspection or survey which the consular officer is able to obtain.
(d) Copies of such provisional certificates shall be forwarded as soon as practicable by the issuing officer to the Commissioner of Navigation. 5. Repeal of penalties.
So much of sections forty-two hundred and nineteen Mar. 4, 1915. and forty-two hundred and twenty-five of the Revised Statutes as imposes tonnage duties of 50 cents per ton and light money of 50 cents per ton on a vessel owned by citizens of the United States but not a vessel of the United States; so much of section four J, subsection one, of the Act of October third, nineteen hundred and thirteen, entitled “An Act to reduce tariff duties and to provide re nue for the Government, and for other purposes," as imposes a discriminating duty of ten per centum ad valorem on all goods, wares, or merchandise imported in a vessel owned by citizens of the United States but not a vessel of the United States; and so much of section four J, subsection two, of the Act aforesaid as provides for the forfeiture of any vessel owned by citizens of the United States but not a vessel of the United States, together with her cargo, tackle, apparel, and furniture, are hereby repealed. Any such tonnage duties, light money, or discriminating duties collected since the passage of the Act of August eighteenth, nineteen hundred and fourteen, shall be refunded, and any such forfeitures incurred are hereby remitted: Provided, however, That the provisions of this Act shall apply only in case that any vessel of the character above described after entering an American port shall, before leaving the same, be registered as a vessel of the United States. 6. Repaired wrecks. The Secretary of Commerce may issue a register or R. S., 4136.
Feb. 24, 1915. enrollment for any vessel wrecked on the coasts of the United States or her possessions or adjacent waters, when purchased by a citizen or citizens of the United States and thereupon repaired in a shipyard in the United States or her possessions, if it shall be proved to the satisfaction of the Secretary of Commerce, if he deems it necessary, through a board of three appraisers appointed by him, that the said repairs put upon such vessels are equal to three times the appraised salved value of the vessel : Provided, That the expense of the appraisal herein provided for shall be borne by the owner of the vessel: Provided further, That if any of the material matters of fact sworn to or represented by the owner, or at his instance, to obtain the register of any vessel are not true, there shall be a forfeiture to the United States of the vessel in respect to which the oath shall have been made, together with tackle, apparel, and furniture thereof."
R. S., 4135.
R. S., 4339.
R. S., 4311.
No vessel which has been recorded or registered as an American vessel of the United States, pursuant to law, and which was licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry. 8. Whaling vessels.
All vessels which may clear with registers for the purpose of engaging in the whale fishery shall be deemed to have lawful and sufficient papers for such voyages, securing the privileges and rights of registered vessels, and the privileges and exemptions of vessels enrolled and licensed for the fisheries. 9. Enrolled and licensed vessels.
Vessels of twenty tons and upward, enrolled in pursuance of this Title [R. S., 4311-4390], and having a license in force, or vessels of less than twenty tons, which, although not enrolled, have a license in force, as required by this
Title, and no others, shall be deemed vessels of the United States entitled to the privileges of vessels employed in the coasting-trade or fisheries.
Any steamboat employed or intended to be employed only in a river or bay of the United States, owned wholly or in part by an alien resident within the United States, may be enrolled and licensed, as if the same belonged to a citizen of the United States, subject to all the provisions of this Title [R. S., 4311-4390], except that, in such case, no oath shall be required that the boat belongs to a citizen of the United States.
Such resident alien, owner of any steamboat, upon application for enrollment or license, shall give bond to the collector of the district, for the use of the United States, in the penalty of one thousand dollars, with sufficient surety, conditioned that the boat shall not be employed in other waters than the rivers and bays of the United States.
Any vessel of the United States, navigating the waters on the northern, northeastern, and northwestern frontiers, otherwise than by sea, shall be enrolled and licensed in such form as other vessels; such enrollment and license shall authorize any such vessel to be employed either in the coasting or foreign trade on such frontiers, and no certificate of registry shall be required for vessels so employed. Such vessel shall be, in every other respect, liable to the regulations and penalties relating to registered and licensed vessels.
R. S., 4316.
R. S., 4317.
R. S., 4318.