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furnished by the master to the collector; and the officer shall make a report to the collector or surveyor, stating the port of departure, the time of sailing, the length of the voyage, the ventilation, the number of such passengers, and their native country, respectively; the cubic quantity of each compartment or space, and the number of berths and passengers in each space; the kind and quality of the food furnished such passengers, the number of deaths and the age and sex of those who died and of what disease, and, in case there was any unusual sickness or mortality, to report whether the same was caused by neglect or violation of the provisions of this act or by the want of proper precautions by the master against disease; and the said report shall be forwarded to the Secretary of the Treasury monthly. (See forms Cat. Nos. 201 and 301 a, b, c, and d.)
ART. 175. Collectors have no power to issue certificates R. S., 4464, 4465 to vessels of their legal capacity for the carriage of passengers, but the inspectors of steam vessels shall state in every certificate of inspection granted to steamers carrying passengers, other than ferryboats, the number of passengers of each class that such steamer has accommodations for and can carry with safety. The inspectors issue to such steamers for excursion trips a special permit, in which is stated the additional number of passengers that may be carried and the number and kind of life-saving appliances to be provided for their safety; and also, in their discretion, limit the route for such excursions.
Any vessel carrying a greater number of passengers than is allowed by the certificate of inspection shall forfeit the passage money and $10 for each passenger in excess.
T. D. 9390,
ART. 176. Collectors shall exact from every vessel bring-, Sec. 1, act Aug. ing passengers from a foreign port or place to any port act June 26, 1884. in the United States, except vessels employed exclusively 15261. Cir. 156, in trade between ports of the United States and ports of contiguous foreign territory, one dollar for each passenger not a citizen of the United States brought in such vessel as shall appear by the passenger list.
6812, 6934, 7546
Passengers are all persons, including stowaways, cattle- T. D. 4933, 5695, men, and prohibited persons, arriving by a vessel, except 7940, 9573. the officers, crew, and others engaged on the vessel. The following persons are exempted from the capitation tax: Shipwrecked seamen, guests on private yachts, and alien passengers not intended to be landed in the United States.
The money thus collected shall be paid into the United States Treasury, and shall constitute a fund to be called the immigrant fund, to be used under the direction of the Secretary of the Treasury in defraying the general 1882, and Aug. expenses of regulating immigration and for the care and relief of such immigrants as may be in distress, and this tax shall be paid to the collector within 24 hours after the entry of the vessel, and shall be a lien upon the vessel bringing such passengers, and a debt due the United States from the owners thereof.
Section 10, act March 3, 1891.
T. D. C082.
The number of alien immigrant passengers will be ascertained from the list of passengers prescribed in preceding articles.
ART. 177. It is provided by the laws relative to immigration that any prohibited alien who comes into the United States may be returned within one year at the expense of the vessel bringing such alien; and that any alien who, within one year after his arrival in the United States, becomes a public charge shall be so returned, as a violation of the law. The cost of maintenance while on land and the expense of the return of such unlawful immigrants must be borne by the owners of the vessel in which they came, and any master, owner, or consignee of such vessel who shall refuse to comply with the requirements of this law shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $300 for each offense, and such vessel shall not have clearance from any port while such fine is unpaid.
§ 7. DUTIES UPON TONNAGE.
ART. 178. There shall be collected from every vessel arriving at a port of the United States from any place in North America, Central America, the West Indies, the South American coast of the Caribbean Sea, the BerSec.11,act June mudas, the Bahamas, the Sandwich Islands, and Newfoundland, a tonnage duty of 3 cents per ton; and from every vessel arriving from other places than above specified, not exempted by proclamation, a duty of 6 cents per ton; tonnage duty shall not be collected from any vessel more than five times in any one year at these rates, and if any vessel shall become liable to both rates, not more than 30 cents per ton shall be collected in any one year. The tonnage year is to becomputed from the date of the first payment, and expires on the day previous to the
date in the corresponding month of the following year. Tonnage duty will be suspended, in whole or in part, whenever the President, by proclamation, shall so direct.
ART. 179. A certificate will be issued by collectors to every master showing the date and number of each and every payment made by him during the tonnage year, which will constitute the official evidence of such payments. In the absence of such certificate, evidence of payment of tonnage duty must be obtained from the Commissioner of Navigation, to whom appeals for refund must be addressed.
T. D. 6082.
Foreign steam tugs employed in towing coastwise vessels are liable to pay 50 cents per ton on the admeasurement of the vessel towed, unless the towing is done in whole or in part within or upon foreign waters, or when the tugboat is owned by a foreign railway company whose cars enter the United States by means of such transportation.
T. D. 10284.
ART. 180. There shall be collected from every vessel of the United States of which, during a foreign voyage or a voyage between Atlantic and Pacific ports, an alien shall be an officer, a duty of 50 cents per ton, unless such alien shall have supplied a vacancy occurring during the voyage in any place below the rank of master; but such alien 6. 1884; T. D. shall not act as officer after the return of the vessel to her home port. In all such cases the collector will report the facts to the Secretary of the Treasury for instructions before imposing the duty.
Sec. 1, act June
ART. 181. Tonnage duty will be collected on her arrival at any port of the United States from any registered vessel which while bound on a voyage from one domestic port to another has entered at any foreign port.
Vessels enrolled and licensed for trade in the waters of R. S., 2793. the northern frontiers, entering direct from a foreign port, must pay tonnage tax; but if such vessels clear from a port in one collection district for a port in another collection district and complete the voyage to the port of destination, they are not required to pay tonnage tax, although during the voyage they may touch at intermediate foreign ports and receive on board dutiable goods.
R. S., 4219.
R. S., 4370.
R.S., 2791, 4214, 4215, 4220.
Sec. 11, act June 19, 1886.
ART. 182. The following table is intended to show the rates of tonnage duty to which the several classes of vessels are liable:
ART. 183. Vessels of war and vessels employed by any foreign nation as public packets for the conveyance of letters and dispatches, and vessels of the United States in the coastwise trade or engaged in the whale or other fisheries, and pleasure yachts belonging to a foreign yacht club, and documented yachts of the United States, and vessels in distress entered at a port other than that of destination, and vessels not engaged in trade, are exempt from the payment of tonnage duty.
7050, 7114, 8193,
ART. 184. Certain vessels from the following ports are T.D. 6750, 6795 exempted, under Executive proclamations, from the pay- 8460, 8648, 12159, ment of tonnage duty:
Aspinwall, Panama, U. S. C.; Ontario; Island of Montserrat, W. I.; San Juan, Mayaguez, Porto Rico; Greytown, Nicaragua; Copenhagen; Bocas del Torro, U. S. C.; all ports in Europe of the Kingdom of Netherlands, and free ports in Dutch East Indies; Island of Guadeloupe, W. I. British yachts must enter and clear and pay tonnage dues.
The fact that a vessel touches at an intermediate port at which it neither enters nor clears, and which touching is merely an incident in the voyage, will not deprive such vessel of the rights derived from sailing from a free port, such being its port of departure. In the absence of bet- T ter evidence the affidavit of the master may be accepted showing whether or not the vessel was entered or cleared at the intermediate port.
§ 8. PILOTAGE.
ART. 185. Every vessel, propelled in whole or in part by R. S., 4401. steam, engaged in the coasting trade is required, when under way, except on the high seas, to be piloted by an officer duly licensed for such purpose under the laws of the United States. Any person acting as such pilot with- R. S.,4438, 4463; out proper license, also the person employing him, will be S. 11114. liable to a penalty of $100, which shall be a lien upon the
Registered steam vessels, when engaged in the foreign R. S., 4401. trade, and all sailing vessels of the United States in the foreign or coasting trade, are exempted from the foregoing requirements.
The master of a foreign vessel is not required to employ a pilot licensed under the laws of the United States.
ART. 186. The piloting of vessels in State waters, except R. S., 4235. steam vessels employed in the coasting trade, is regulated by the laws of the respective States in which such waters are situated. But no regulation or provision can be R. S., 4:37. adopted by any State making a discrimination in the rate of pilotage or half pilotage as to vessels sailing between the ports of one State and vessels sailing between the ports of different States, or any discrimination against steam vessels; nor can a State or a municipal government require pilots of the United States to procure a State or other license in addition to that issued by the United States, or to comply with any other regulation that may impede the performance of their duties.
R. S., 4401.
R. S., 4444.