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CHAPTER I.

§ 1. CLASSIFICATION AND DOCUMENTING OF VESSELS.

4155, 4311. 4312,

ARTICLE 1. The term "vessels of the United States" ap- RS. 4131,4148plies to such only as are duly documented either by license, 4331, 4371, 4612. by license and enrollment, or by certificate of registry. Vessels of 5 net tons and less than 20 tons burden must be licensed. Those of 20 tons and upward must be either enrolled and licensed or registered. Vessels of less than

5 net tons can not be documented.

T. D. 5839, 6431, 11958.

12276.

Act of Feb 21, 1891; T. D. 10990,

1940,

R. S., 4178, 4334.

ART. 2. The name of every documented vessel (yachts,TD. 8447, 8937, excepted) shall be marked in full upon each bow and upon the stern, and the home port shall also be marked in full upon the stern. These names shall be painted, or carved and gilded, in roman letters in a light color on a dark ground, or in a dark color on a light ground, and must be distinctly visible. The letters used shall not be less in size than 4 inches. If any vessel of the United States shall be found without these names so marked the owner or owners are liable to a penalty of $10 for each name omitted. Every steam vessel of the United States must, in addition, have her name conspicuously placed in distinet, plain letters of not less than 6 inches in length, on each outer side of the pilot house, if it has such, and in case the vessel has side wheels also on the outer side of R. S., 4495. each wheelhouse, under the same penalty as provided above.

10830.

On vessels called "double-enders," the letters prescribed T by the statute may be placed on the parts corresponding" to the bows and stern; and on vessels with sterns not affording sufficient space for letters, they will be placed on the adjacent parts, in both cases so as to conform to the law as closely as possible, and so that the home port shall be marked at one end of the vessel.

Scows, barges, or other vessels "scow built," or with square bow, may be marked on the bow instead of the side, where it would be speedily obliterated by chafing against other vessels, spiles, docks, etc.

1896.

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A vessel's home port is that port established by law at, Cir. Dec. 21, or nearest to which the owner resides, or, if there be more R. S., 4141. 4178, than one owner, that port at or nearest to which the hus- 1884 sec. 21; T.

and act June 26,

D. 17614.

5

R. S., 4179.

band or managing owner usually resides. It is also the port at which a vessel's permanent marine papers issue, and its name must be specified in all marine documents. But in reference to the painting of the name of a port of hail on the stern of a vessel, the word "port" may be construed to mean either the port where the vessel is registered or enrolled or licensed or the place in the same district where the vessel was built, or where one or more of the owners reside.

ART. 3. The name of a documented vessel shall not be changed except as prescribed by law, under penalty of forfeiture. The Commissioner of Navigation has authority, under the regulations of the Secretary of the Treasury, to change the name of any vessel, on application by the owners thereof through the collector at the vessel's home port. Such applications must show the reasons for the desired change and that the vessel is not over 20 years old; if she be over 10 years old, the repairs upon her must have amounted to not less than 40 per cent, and if she be 15 years old to not less than 60 per cent of her first cost. Her existing name must have been given her at least 5 years T. D. 8292, 9605. prior to the date of application for a change, and if she have Cir.Sept.3,1889. boilers they must be not more than 10 years old.

T. D. 5042.

T.D.8618,10130.

ART. 4. Seaworthiness may be shown in the case of steam vessels or other inspected vessels by a duplicate of the current certificate from the local inspectors of steam vessels; and the age and other particulars, by a copy of the last marine document. In the case of sailing vessels not inspected, inspectors of hulls are authorized to make special examinations at the owner's expense and to furnish certificates. Evidence must be produced from the collector of customs showing that the official records at the home port exhibit no evidence of outstanding indebtedness (Cat. No. 526). Before forwarding applications with transmitting reports collectors shall see that these preliminaries have been complied with. When permission is granted the order for change of name must be published in some daily or weekly paper at or nearest to the port of documentation in at least four successive issues, and the cost of procuring evidence and of publication must be paid by the applicant for change of name.

The name of a mortgaged vessel can not be changed even by consent of the mortgagee.

The name of a steam vessel not entitled to be documented can be changed only at the time of making application for the annual inspection. Vessels sold by the

United States Government to citizens may receive any name the owner may choose, approved by the Bureau of Navigation.

ART. 5. The following vessels are entitled to receive documents under existing laws:

Class 1. Those built in the United States, wholly owned R. S., 4132,4133. by a citizen or by an incorporated company of the United States.

1897. T.D. 17975.

A vessel registered pursuant to law, which by sale has, Cir. Apr. 1. become the property of a foreigner, shall be entitled to a new register upon afterward becoming American property, unless it has been enlarged or undergone change in build outside of the United States.

Class 2. Those built in the United States, in whole or in part under foreign ownership, and duly recorded, on being purchased, and wholly owned by a citizen of the United States, and never before documented.

R. S., 4180 to 4184.

Class 3. Those captured in a war to which the United R. S., 4131. States is a party, by a citizen thereof, lawfully condemned

as prizes, and wholly owned by a citizen or citizens of the

United States.

Class 4. Those which have been adjudged to be for- R. S., 4132. feited for a breach of the laws of the United States, and wholly owned by a citizen or citizens thereof. This does

not include vessels sold under a decree in admiralty for T.D. 4886. debt or seamen's wages.

D. 6797.

Class 5. Those wrecked within the waters of the United 4136; T. States, purchased and repaired by a citizen or citizens thereof, at a cost equal to three-fourths of the cost of the vessel when repaired.

Class 6. Those sold by the United States Government T.D. 19859. to citizens, if built in the United States, but foreign-built. vessels bought or chartered by the Government are not thereby entitled to registry on sale to a citizen.

Cir., Apr. 1, 1897.

T. D. 5106, 5444. 17975.

R. S., 4328, and

ART. 6. A foreign vessel imported in parts and put together in the United States can not be documented. Permanent enrollment and license may issue to any act Apr. 17, 1874. vessel absent from her home port upon application to the collector thereof, through the office of the collector of the port at which the vessel may be, where the master's oath should first be taken.

R. S. 4313.

ART. 7. Marine documents may be issued for vessels owned by an incorporated company within the United States in the name of the president, vice-president, or acting president or secretary of such company, and will not be vacated or affected by the sale of shares in such T. D. 8981. company to a foreigner.

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