A local license fee exacted of licensed vessels of the United States, for the privilege of towing vessels and transporting freight cars out of or about the harbor of St. Louis, not as wharfage compensation, cannot be recovered. St. Louis v. Consolidated Coal Co., (1900) 158 Mo. 342. Ferryboats.- Congress having made no provision in relation to ferries it was held that a ferryboat engaged in ferrying across a river was not engaged in the coasting trade, and the states might exercise the right to license and regulate the same. U. S. v. The Steam Ferry Boat Wm. Pope, (1852) Newb. Adm. 256, 28 Fed. Cas. No. 16,703; U. S. v. The Steamboat James Morrison, Sec. 4312. [What vessels may be enrolled.] In order for the enrollment of any vessel, she shall possess the same qualifications, and the same requirements in all respects shall be complied with, as are required before registering a vessel; and the same powers and duties are conferred and imposed upon all officers, respectively, and the same proceedings shall be had, in enrollment of vessels, as are prescribed for similar cases in registering; and vessels enrolled, with the masters or owners thereof, shall be subject to the same requirements as are prescribed for registered vessels. [R. S.] Act of Feb. 18, 1793, ch. 8, 1 Stat. L. 305. set forth, supra, pp. 12, 13. See note to R. S. sec. 4311, supra. Sec. 4313. [Enrollment of vessels owned by corporations.] Enrollments and licenses for vessels owned by any incorporated company may be issued in the name of the president or secretary of such company; and such enrollments or licenses shall not be vacated or affected by any sale of shares of stock in such company. [R. S.] Act of March 3, 1825, ch. 99, 4 Stat. L. 129. Sec. 4314. [Parties competent to make oath.] Previous to granting enrollment and license for any vessel owned by any incorporated company, or by an individual or individuals, the president or secretary of such company, or any other officer or agent thereof, duly authorized by said company in writing, attested by the corporate seal thereof, to act in its behalf, or the managing owner, or his agent duly authorized by power of attorney, when such vessel is owned by an individual or individuals, shall swear to the ownership of such vessel without designating the names of the persons composing such company, when such vessel is owned by a corporation, which oath shall be deemed sufficient without requiring the oath of any other person interested, or concerned in such vessel. [R. S.] Sec. 4315. [Death, etc., of president of corporation.] Upon the death, removal, or resignation of the president or secretary of any incorporated company owning any steamboat or vessel, a new enrollment and license shall be taken out for such steamboat or vessel. [R. S.] Sec. 4316. [Enrollment of steamboats owned by aliens.] 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, except that, in such case, no oath shall be required that the boat belongs to a citizen of the United States. [R. S.] Act of March 12, 1812, ch. 40, 2 Stat. L. 694. Sec. 4317. [Bond by alien owner.] 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. [R. S.] Act of March 12, 1812, ch. 40, 2 Stat. L. 694. Sec. 4318. [Enrollment of vessels on frontiers.] 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.] Sec. 4319. [Form of enrollment of vessels.] The record of the enrollment of a vessel shall be made, and an abstract or copy thereof granted, as nearly as may be in the following form: ["]Enrollment. In conformity to Title L, “REGULATION OF VESSELS IN DOMESTIC COMMERCE," of the Revised Statutes of the United States, (inserting here the name of the person, with his occupation and place of abode, by whom the oath or affirmation is to be made,) having taken and subscribed the oath (or affirmation) required by law, and having sworn (or affirmed) that he (or she, and if more than one owner adding the words 'together with,' and the name or names, occupation or occupations, place places of abode of the owner or owners, and the part or proportion of such vessel belonging to each owner) is (or are) a citizen (or citizens) of the United States, and sole owner (or owners) of the ship or vessel called the (inserting here her name), of (inserting here the name of 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 ship or 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 and measured), having certified that the said ship or 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 shall have been countersigned), having agreed to the description and measurement above specified, and sufficient security having been given, according to the said title, the said ship or vessel has been duly enrolled at the port of (naming the port where enrolled). 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)." [R. S.] Sec. 4320. [License of vessels - oath of master, etc.] No licensed vessel shall be employed in any trade whereby the revenue laws of the United States shall be defrauded. The master of every such vessel shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel of any other employment than that for which it was specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessels be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong to grant a license. [R. S.] This section was amended so as to read " as above by the Act of Jan. 16, 1895, ch. 24, sec. 3, 28 Stat. L. 625. The section originally read as follows: "SEC. 4320. [License of vessels.] In order to the licensing of any vessel for carrying on the coasting-trade or fisheries, the husband, or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become bound to pay to the United States, if such vessel be of the burden of five tons and less than twenty tons, the sum of one hundred dollars; and if twenty tons and not exceeding thirty tons, the sum of two hundred dollars; and if above thirty tons and not exceeding sixty tons, the sum of five hundred dollars; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such vessel has been employed in any trade whereby the revenue of the United States has been defrauded, during the time the license granted to such vessel remained in force. The master of such vessel shall also swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it is specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessel be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong, the duty of six cents per ton being first paid, to grant a license." Act of Feb. 18, 1793, ch. 8, 1 Stat. L. 306. This section was amended by the Act of Feb. 27, 1877, ch. 69, 19 Stat. L. 251, by striking out in the last clause the words "the duty of six cents per ton being first paid." The section was again amended as above stated to read as given in the text. Section 6 of the amendatory Act provides that it shall not invalidate bonds theretofore given. See note to R. S. sec. 4311, supra. Sec. 4321. [Form of license.] The form of a license for carrying on the coasting-trade or fisheries shall be as follows. "License for carrying on the (here insert coasting trade,'' whale-fishery,' 'mackerel-fishery,' or cod-fishery,' as the case may be). "In pursuance of Title L, REGULATION OF VESSELS IN DOMESTIC COMMERCE,' of the Revised Statutes of the United States, (inserting here the name of the husband or managing owner, with his occupation and place of abode, and the name of the master, with the place of his abode), having given bond that the (insert here the description of the vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else she may be), called the (insert here the vessel's name), whereof the said (naming the master) is master, burden (insert here the number of tons, in words) tons, as appears by her enrollment, dated at (naming the district, day, month and year, in words at length, but if she be less than twenty tons, insert, instead thereof, 'proof being had of her admeasurement'), shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any other vessel, or for any other employment, than is herein specified, license is hereby granted for the said (inserting here the description of the vessel) called the (inserting here the vessel's name), to be employed in carrying on the (inserting here coasting-trade,'' whale-fishery,' 'mackerel-fishery,' or 'cod-fishery,' as the case may be), for one year from the date hereof, and no longer. Given under my hand and seal, at (naming the said district), this (inserting the particular day) day of (naming the month), in the year (specifying the number of the words at length"). [R. S.] Act of Feb. 18, 1793, ch. 8, 1 Stat. L. 307; Act of May 24, 1828, ch. 119, 4 Stat. L. 312. Amendment. This section was amended by the Act of Feb. 28, 1887, ch. 288, "An act relating to the importing and landing of mackerel caught during the spawning season," as follows: "SEC. 2. That section forty-three hundred and twenty-one of the Revised Statutes is amended, for the period of five years aforesaid, so as to read before the last sentence as follows: "This license does not grant the right to fish for mackerel, other than for what is known as Spanish mackerel, between the first day of March and the first day of June, inclusive, of this year.' Or in lieu of the foregoing there shall be inserted so much of said period of time as may remain unexpired under this act." [24 Stat. L. 435.] The period of five years was, by section 1, to run from March 1, 1888, and the penalty for violation was, by section 3, a forfeiture of the license of the vessel. See note to R. S. sec. 4311, supra. year in for the mackerel fishery, that is a trade distinct from the cod fishery. U. S. v. The Paryntha Davis, (1858) 3 Ware (U. S.) 159, 27 Fed. Cas. No. 16,004. A fishing vessel licensed to catch codfish cannot catch mackerel except as bait or as provision for the crew; and this incidental privilege ought to be exercised fairly and in good faith. U. S. v. Schooner Paryntha Davis, (1860) 1 Cliff. (U. S.) 532, 27 Fed. Cas. No. 16,003, (1853) 3 Ware, (U. S.) 159, 27 Fed. Cas. No. 16,004. It was held in U. S. v. The Reindeer, (1848) 14 Law. Rep. 235, 27 Fed. Cas. No. 16,145, that whether cod fishing and mackerel fishing are under these statutes and in fact different trades or not, vessels under a license to catch cod will not be forfeited by catching mackerel so long as the catching of mackerel is incidental merely, and not the main object of pursuit; to work a forfeiture under these statutes the old employment must have been abandoned and a new trade must be permanently and exclusively pursued. See further notes under R. S. sec. 4377, infra, p. 78. Sec. 4322. [Exchange of enrollment and registry.] The collectors of the several districts may enroll and license any vessel that may be registered, upon such registry being given up, or may register any vessel that may be enrolled, upon such enrollment and license being given up. [R. S.] Act of Feb. 18, 1793, ch. 8, 1 Stat. L. 306. Sec. 4323. [Exchange when vessel is in another district.] When any vessel shall be in any other district than the one to which she belongs, the collector of 1 such district, on the application of the master thereof, and upon his taking an oath that, according to his best knowledge and belief, the property remains as expressed in the register or enrollment proposed to be given up, and upon his giving the bonds required for granting registers, shall make the exchange of an enrollment for a register or a register for an enrollment; but in every such case, the collector to whom the register or enrollment and license may be given up shall transmit the same to the Register of the Treasury; and the register, or enrollment and license, granted in lieu thereof, shall, within ten days after the arrival of such vessel within the district to which she belongs, be delivered to the collector of the district, and be by him canceled. If the master shall neglect to deliver the register or enrollment and license within such time, he shall be liable to a penalty of one hundred dollars. [R. S.] Act of Feb. 18, 1793, ch. 8, 1 Stat. L. 306. Sec. 4324. [Expiration of license.] No license, granted to any vessel, shall be considered in force any longer than such vessel is owned, and of the description set forth in such license, or for carrying on any other business or employ'ment than that for which she is specially licensed. [R. S.] Act of Feb. 18, 1793, ch. 8, 1 Stat. L. 306. See note to R. S. sec. 4311, supra. Failure to renew license after sale.- A distinction exists in the navigation laws of the United States, between registered vessels and vessels enrolled and licensed for the coasting trade, as regards penalties imposed. On the transfer of a registered vessel to a citizen of the United States, she must be registered anew or she loses her privileges as an American vessel; but a different penalty is imposed by the Enrolling Act for a neglect to renew a license granted by virtue of that Act. Where a vessel has been enrolled and licensed, and prior to the expiration of the time limited by the license is sold to a citizen of the United States and continues running without a renewal of her license, she becomes liable to port fees and tonnage in every port at which she may arrive, the same as vessels not belonging to the United States. U. S. v. The Steamboat Forrester, (1856) Newb. Adın. 81, 25 Fed. Cas. No. 15,132. The existence of a custom under which purchasers of vessels previously enrolled and licensed have awaited the expiration of the time limited in the license before obtaining a renewal of the same would not relieve such vessels from liability to the penalty provided by the Enrolling Act. U. S. v. The Steamboat Forrester, (1856) Newb. Adm. 81, 25 Fed. Cas. No. 15,132. Sec. 4325. [Surrender of license.] The license granted to any vessel shall be given up to the collector of the district who may have granted the same, within three days after the expiration of the time for which it was granted, in case such vessel be then within the district, or if she be absent at that time, within three days from her first arrival within the district afterward, or if she be sold out of the district, within three days after the arrival of the master within any district, to the collector of such district, taking his certificate therefor; and if the master thereof shall neglect or refuse to deliver up the license, he shall be liable to a penalty of fifty dollars. [R. S.] Act of Feb. 18, 1793, ch 8, 1 Stat. L. 308. See note to R. S. sec. 4311, supra. Sec. 4326. [Loss of license.] If such license, however, shall have been previously given up to the collector of any other district, as authorized by this Title, and a certificate thereof under the hand of such collector be produced by such master, or if such license be lost, or destroyed, or unintentionally mislaid so that it cannot be found, and the master of such vessel shall make and subscribe an oath that such license is lost, destroyed, or unintentionally mislaid, as he verily believes, and that the same, if found, shall be delivered up, as is herein required, then the penalty prescribed in the preceding section shall not be incurred. If such license shall be lost, destroyed, or unintentionally mislaid, |