« AnteriorContinuar »
ART. 64. Officers of the customs should bear in mind the importance of strict vigilance in the issue and inspection of documents pertaining to vessels. The penalties for malfeasance in this respect are severe and will be enforced. Any officer found guilty of complicity with the making or granting of any false document or record of any vessel, and every surveyor or other person assisting in the false measurement or description of any vessel, is punishable by a fine of $1,000, and is rendered incapable of holding office under the Government. The penalty for willful neglect by an officer to do any act enjoined upon him by the statutes regarding vessels is $500, and for the second offense the same disqualification as for malfeasance.
Any vessel using a document or record fraudulently obtained, and any person forging, altering, or falsifying the official document or record of any vessel, is liable to a penalty of $500.
§ 3. RECORDS OF DOCUMENTS.
ART. 65. When a document is granted it must be recorded in the book appropriated for that purpose, and entered also in the proper index.
When a document is surrendered; or when proof of loss, destruction, or mislaying is made to the collector by whom granted, or regular information thereof received from any other office; or when an alteration has been made in the vessel; or when there has been a change of master or a change in the name in case of a recorded vessel; or when, for any cause, an indorsement has been made on the original document; or official information has been obtained that any document has ceased to be of validity, an indorsement, accurately stating the fact, will be made on the back of the record.
Also, when a vessel is proved to have been lost at sea, wrecked, abandoned as unfit for service, or sold to foreigners, an indorsement will be made in like manner, stating the date, place, and circumstances of such disaster, abandonment, or sale. When a new document is issued an indorsement will be made on the record of the former document, referring to the new document and to the record thereof.
When a document is surrendered or canceled a suitable entry will be made in the index.
ART. 66. The accounts of permanent and temporary papers are in all cases to be kept separately, as above prescribed. Separate accounts are to be kept of steam 9095- -3
RS. 4189.4375, 4373, 4374, 4375.
vessels and sailing vessels, of enrollments issued to canalboats and to barges. Under the head of barges are to be included all licensed vessels, other than canal-boats, of whatever tonnage, not propelled by sails or steam. Of licenses, separate accounts are also to be kept of those issued to enrolled vessels and to vessels of less than 20 tons burden, and of those engaged in the coasting trade, and those in the fisheries.
For convenience of reference a list is appended of the accounts to be kept:
Permanent registers, sail.
Permanent registers, steam.
Permanent registers, barges.
Permanent registers, iron vessels, sail.
Temporary registers, steam.
Temporary registers, iron vessels, sail.
Permanent enrolments, steam.
Permanent enrolments, canal-boats.
Permanent enrolments, iron vessels, sail.
Temporary enrolments, steam.
Temporary enrolments, canal-boats.
Temporary enrolments, barges.
Temporary enrolments, iron vessels, sail.
Licenses under 20 tons, steam, in the coasting trade.
Licenses under 20 tons, yachts, sail.
Licenses of enrolled vessels, sail, in the fisheries. Licenses of enrolled vessels, steam, in the fisheries. A separate book will not be needed for each account, except where required by the volume of business, but each account should be kept separately in the appropriate book of abstracts.
Care should be exercised that no document be credited upon any abstract which has not before been debited in the same account. This can very easily be prevented if the indexes are properly kept.
ART. 67. Quarterly returns will be made to the Commissioner of Navigation, consisting of a transcript of the foregoing accounts, accompanying which must be transmitted duplicates of all registers and enrollments issued, and all surrendered originals, and copies of all lost originals.
Every surrendered document should be indorsed similarly to the record thereof in the record book. Quarterly returns of tonnage should be accompanied by a letter of transmittal.
In every case where a document is credited as having been lost, destroyed, or mislaid, the collector will forward a copy of the same to the Commissioner of Navigation, with the circumstances and proof of such loss or destruction indorsed upon it, and upon the face should be written, "Copy transmitted in place of lost document." Where the vessel has been lost, abandoned, or sold to foreigners, the same indorsement will be made upon the copy as is required to be made upon a surrendered document in such case.
When there are transactions under the title "vessels built," "vessels lost," "vessels abandoned," "vessels sold to foreigners," "foreign vessels wrecked and repaired," or "change of home-port, rig, tonnage or dimensions," they should be reported on the proper blank form and forwarded with the quarterly returns of tonnage.
ART. 68. Collectors will transmit to the Commissioner of Navigation at the end of every month an abstract of all registers, enrollments, and licenses (Cat. No. 340) surrendered to them which were issued at other ports. Accompanying this abstract will be sent all the surrendered documents.
Upon receipt of these surrendered documents the Commissioner of Navigation will send notice thereof to the ports at which they were issued. Collectors on receiving such notice will make the required credits upon their quarterly abstracts and indexes.
Customs officers will not report to the Bureau of Navigation, or insert in marine documents, or mark upon the Cir. March 7, main beams of vessels any fraction of a ton, gross or net,
1898; T. D. 19053.
of the capacity of vessels admeasured. Example: if the capacity of a vessel is either 500.60 tons or 500.25 tons, it will be reported as 500 tons.
When there are no transactions a notice to that effect will be sent.
ART. 69. Collectors at the several ports will, within 3 months before the close of each fiscal year, revise the list of vessels owned at their respective ports; and in cases where the ship's papers not having been returned, or notice otherwise given, there is reason to suppose the vessels have been lost, sold, or documented elsewhere, they will make inquiries concerning them, and upon receipt of satisfactory information of loss or sale, the proper indorsements thereof will be made in their record books, and the proper credits upon their quarterly abstracts.
ART. 70. That the necessary record of changes of masters of vessels may be made at the Treasury, a quarterly return of all indorsements of such changes is to be rendered to the Commissioner of Navigation. (Cat. No. 341.)
When the name of a recorded vessel is changed and indorsed on the certificate of record, the form of the quarterly abstract will require an additional column, in which the new name will be inserted.
§ 4. MARINE DISASTERS.
ART. 71. Whenever any vessel of the United States has sustained or caused any accident involving loss of life, material loss of property, or serious injury to any person, or has received any damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall within 5 days send, by letter to the collector of the district wherein such vessel belongs, or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish such other information as may be called for; and if he neglects to comply with Act June 20, the foregoing requrements after a reasonable time, he
shall incur a penalty of $100. And whenever the managing owner or agent of any vessel of the United States has
reason to apprehend that such vessel has been lost, he shall promptly send notice (Cat. No. 221) in writing, to the collector of the port to which said vessel belonged, of such loss, and the probable occasion thereof, stating the name of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the collector, such additional information as shall be required; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of $100.
The following is an extract from an act entitled "An act to provide for the establishment of life-saving stations and houses of refuge upon the sea and lake coasts of the United States, and to promote the efficiency of the Life-Saving Service," approved June 20, 1874:
"SEC. 10. That from and after the first day of July, eighteen hundred and seventy-four, whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall, within five days after the happening of such accident or damage, or as soon thereafter as possible, send by letter to the collector of customs of the district wherein such vessel belongs, or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such collectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements, after a reasonable time, he shall incur a penalty of one hundred dollars.
"SEC. 11. That whenever the managing owner or agent of any vessel of the United States has reason, owing to the non-appearance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conveniently may be, send notice, in writing, to the collector of customs of the port to which said vessel belonged, of such loss, and the probable occasion thereof, stating the name and official number (if any) of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the collector of such port, such additional information as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of one hundred dollars.
"SEC. 12. That it shall be the duty of the collectors of customs to immediately transmit to the Secretary of the Treasury such reports and information as they may receive under the provisions of the two preceding sections, and they shall also report to the Secretary of the