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Class five. Vessels of which the tonnage length according to the above measurement is above two hundred feet, and not exceeding two hundred and fifty feet: into fourteen equal parts.
Class six. Vessels of which the tonnage length according to the above measurement is above two hundred and fifty feet: into sixteen equal parts.
Then, the hold being sufficiently cleared to admit of the required depths and breadths being properly taken, find the transverse area of such vessel at each point of division of the length as follows:
Measure the depth at each point of division from a point at a distance of one-third of the round of the beam below such deck; or, in case of a break, below a live stretched in continuation thereof, to the upper side of the floor-timber, at the inside of the limber strake, after de. ducting the average thickness of the ceiling, which is between the bilgeplanks and limber-strake; then, if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four equal parts; then measure the inside horizontal breadth, at each of the three points of division, and also at the upper and lower points of the depth, extending each measurement to the average Thickness of that part of the ceiling which is between the points of measurement; nuinber these breadths from above, numbering the upper breadth one, and so on down to the lowest breadth; multiply the second and fourth by four, and the third by two; add these products together, and to the sum add the first breadth and the last, or fifth; multiply the quantity thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area; but if the midship depth exceed sixteen feet, divide each depth into six equal parts, instead of four, and measure as before directed, the horizontal breadths at the five points of division, and also at the upper and lower points of the depth; number them from above as before; multiply the second, fourth, and sixth by four, and the third and fifth by two; add these products together, and to the sum add the first breadth and the last, or seventh ; multiply the quantities thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area.
Having thus ascertained the transverse area at each point of division of the length of the vessel, as required above, proceed to ascertain the register tonnage of the vessel in the following manner:
Number the areas successively one, two, three, and so forth, number one being at the extreme limit of the length at the bow, and the last pamber at the extreme limit of the length at the stern; then, whether the length be divided according to the table into six or sixteen parts, as in classes one and six, or any intermediate number, as in classes two, three, four, and five, multiply the second, and every even-numbered area, by four, and the third, and every odd-numbered area, except the first and last by two; add these products together, and to the sum add the first and last if they yield anything; multiply the quantities thus obtained by one-third of the common interval between the areas, and the product will be the cubical contents of the space under the tonnage-deck; divide this product by one hundred, and the quotient, being the tonnage under the tonnage-deck, shall be deemed to be the register tonnage of the vessel, subject to the additions hereinafter mentioned.
If there be a break, a poop, or any other permanent closed-in space on the upper decks, or the spar-deck, available for cargo, or stores, or for the berthing or accommodation of passengers or crew, the tonnage of such space shall be ascertained as follows:
Measure the internal mean length of such space in feet, and divide it into an even number of equal parts of which the distance asunder sball be most nearly equal to those into which the length of the tonnage-deck has been divided; measure at the middle of its height the inside breadths, namely, one at each end and at each of the points of division, numbering them successively one, two, three, and so forth; then to the sum of the end breadths add four times the sum of the even-numberd breadths and twice the sum of the odd-numbered breadths, except the first and last, and multiply the whole sum by one-third of the common interval between the breadths; the product will give the mean horizontal area of such space; then measure the mean height between the planks of the decks, and multiply by it the mean horizontal area ; divide the product by one bundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnagedecks, ascertained as aforesaid.
If a vessel has a third deck, or spar deck, the tonnage of the space between it and the tonnage-deck shall be ascertained as follows:
Measure in feet the inside length of the space, at the middle of its height, from the plank at the side of the stem to the plank on the timbers at the stern, and divide the length into the same number of equal parts into which the lenghth of the tonnage-deck is divided; measure, also at the middle of its height, the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth at the stern; number them successively one, two, three, and so forth, commencing at the stem; multiply the second, and all other even-numbered breadths, by four, and the third, and all the other odd-numbered breadths, except the first and last, by two; to the sum of these products add the first and last breadths, multiply the whole sum by one-third of the common interval between the breadths, and the result will give, in superficial feet, the mean horizontal area of such space; measure the mean height between the plank of the two decks, and multiply by it the mean horizontal area, and the product will be the cubical contents of the space; divide this product by one hundred, and the quotient shall be deemed to be the tonuage of such space, and shall be added to the other tonnage of the vessel ascertained as above directed. And if the vessel has more than three decks, the tonnage of each space between decks, above the tonnage-deck, shall be severally ascertained in the manner above described, and shall be added to the tonnage of the res: sel, ascertained as above directed.
In ascertaining the tonnage of open vessels the upper edge of the upper strake is to form the boundary-line of measurement, and the depth shall be taken from an ath wart-ship line, extending from the upper edge of such stake at each division of the length.
The register of the vessel shall express the number of decks, the tonnage under the tonnage-deck, that of the between-decks, above the tonnage-deck; also that of the poop or other inclosed spaces above the deck, each separately.* In every registered United States vessel the number denoting the total registered tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so contipued; and if it at any time cease to be so continued, such vessel shall no longer be recognized as a registered vessel of the United States.
SEC. 4154. In order to ascertain the tonnage of any vessel, except as otherwise provided in this Title, and in Title L, the surveyor, or such other person as shall be appointed by the collector of the district to measure the same, shall, if the vessel be double-decked, take the leugth thereof from the fore part of the main stem to the after part of the stern
* See sec. 4177, page 17.
post, above the upper deck, the breadth thereof at the broadest part above the main wales, half of wbich breadth shall be accounted the depth of such vessel, and shall then deduct from the length three-fifths of the breadth, multiply the remainder by the breadth, and the product by the depth, and shall divide this last product by ninety-five; the quotient whereof shall be deemed the true contents or toonage of such vessel. If such vessel be single-decked, the surveyor, or other person, shall take the length and breadth as above directed, in respect to a double decked vessel, shall deduct from the length three-fifths of the breadth and, taking the depth from the under side of the deck-plank to the ceiling in the bold, shall multiply and divide in the same manner, and the quotient sball be deemed the tonpage of such vessel.
*SEC. 4155. When the several matters bereinbefore required, in order to the registering of any vessel, bave been complied with, the collector of the district comprehending the port to which she belongs shall make and keep in some proper book a registry thereof, and shall grant a certificate of such registry, as nearly as may be, in the form following:
Io pursuance of chapter one, Title XLVIII, “REGULATION OF COMMERCE AND NAVIGATION," of the Revised Statutes of the United States, (inserting here the name, occupation, and place of abode of the person by whom the oath was made), having taken and subscribed the oath required by law, and having sworn that he or she, and if more than one owner, adding the words, "together with," and the name or names, occupation or occupations, place or places of abode, of the owner or owners, and the part or proportion of such vessel belonging to each owner) is (or are) the only owner (or owners) of the vessel called the (inserting bere ber pame), of (inserting here 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 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 or measured) having certified that the said vessel has (inserting here the pamber 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 bere the particular kind of vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else, together with ber build, and specifying whether she has any or no gallery or bead); and the said (Daming the owner, or the master, or other per. son acting in behalf of the owner or owners, by whom the certificate of measurement bas been countersigned, as aforesaid) having agreed to the description and measurement above specified, and sufficient security having been given, according to law, the said vessel has been duly registered at the port of (paming the port where registered). Given under my hand and seal, at (naming the said port), this (inserting the particular day) day of (naming the month), in the year (specify. ing the number of the year, in words, at length.)
SEC. 4156. When the master of such vessel himself inakes oath touching his being a citizen, the wording of the certificate shall be varied so as to be conformable to the truth of the case. Where a new certificate of registry is granted in consequence of any transfer of a vessel, the worils shall be so varied as to refer to the former certificate of registry for her measurement.
* In partnership ownership marine locuments should, as a convenience and protoction to individual owners, state the specific share of each partner.
SEC. 4157. It shall be the duty of the Secretary of the Treasury to cause to be provided blank certificates of registry, and such other papers as may be necessary, executed in such manner and with such marks as he may direct. No certificate of registry shall be issued, except such as shall have been so provided and marked.
SEC. 4158. The Secretary of the Treasury shall cause to be transmitted, from time to time, to the collectors of the several districts, a suffi. cient number of forms of the certificates of registry, attested under the seal of the Treasury and the hand of the Register* thereof, with proper blanks, to be filled by the collectors, respectively, by whom also the certificates shall be signed and sealed, before they are issued; and where there is a naval officer at any port, they shall be countersigned by him; and where there is a surveyor, but no naval officer, they shall be countersigned by him. A copy of each certificate issued shall be transmitted to the Register, who shall cause a record to be kept of the same.
SEC. 4159. Whenever any citizen of the United States purchases or becomes owner of any vessel entitled to be registered, such vessel being within any district other than the one in which he usually resides, such vessel shall be entitled to be registered by the collector of the district where she may be, at the time of his becoming owner thereof, upon his complying with the provisions hereinbefore prescribed, in order to the registry of vessels. And the oath which is required to be taken may, at the option of such owner, be taken either before the collector of the district comprehending the port to which such vessel may belong, or before the collector of the district within which such vessel may be, either of whom is hereby empowered to administer such oath.
SEC. 4160. Whenever any vessel, registered in pursuance of the provisions of the preceding section, shall arrive within the district compre. hending the port to which she belongs, the certificate of registry, so ob. tained, shall be delivered up to the collector of such district, who upon the requisites of this Title in order to the registry of vessels, being complied with, shall grant a new one in lieu of the first. The certificate so delivered up shall forth with be returned by the collector who receives the same, to the collector who granted it. If the first mentioned certificate of registry is not delivered up, as above directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending the port to which she may belong, shall severally be liable to a penalty of one hundred dollars, and the certificate of registry shall be thenceforth void.
SEC. 4161. Whenever any vessel entitled to be registered is purchased by an agent or attorney for or on account of a citizen of the United States, such ressel being in a district of the United States more than fifty miles distant, taking the nearest usual route by land, from the one comprehending the port to which, by virtue of such purchase, and by force of this Title, such vessel ought to be deemed to belong, it shall be lawful for the collector of the district where such vessel may be, and he is hereby required upon the application of such agent or attorney, to proceed to the registering of the vessel, the agent or attorney first complying, on behalf and in the stead of the owner thereof, with the requisites prescribed by this Title in order to the registry of vessels, except that, in the oath taken by the agent or attorney, instead of swearing that he is owner or an owner of such vessel, be shall swear that he is agent or attorney for the owner thereof, and that he bas, in good faith,
* Commissioner of Navigation. Under act July 5, 1884.
purchased the vessel for the person whom he names and describes as the owner thereof.
SEC. 4162. Whenever any ressel registered in pursuance of the provisions of the preceding section, shall arrive within the district comprehending the port to which she belongs, the certificate of registry so obtained shall be delivered up to the collector of such district, who, upon the requirements of this Title in order to the registry of vessels being complied with, shall grant a new one in lieu of the first. The certificate, so delivered up, shall forthwith be returned to the collector, who shall transmit the same to the collector who granted it. If the first-mentioned certificate of registry is not delivered up, as above directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending the port to which she may belong, sball severally be liable to a penalty of one hundred dollars, and the certificate of registry shall be thenceforth void.
Sec. 4163. If any of the matters of fact alleged in the oath taken by an agent or attorney to obtain the registry of a vessel which are within the knowledge of the party so swearing, are not true, there shall be a forfeiture of vessel, together with her tackle, apparel, and furniture, in respect to which the same was made, or of the value thereof, to be re. covered, with costs of suit, of the person by whom such oath was made.
SEC. 4164. Whenever it appears, by satisfactory proof, to the Secretary of the Treasury, that any ressel has been sold and transferred by process of law, and that the register of such vessel is retained by the former owner, the Secretary may direct the collector of the district to which such vessel may belong to grant a new register, under such sale, on the owners complying with such terms and conditions as are by law required for granting such papers; excepting only the delivering up ot the former certificate of registry. But nothing in this section shall be construed to remove the liability of any person to any penalty for not surrendering the papers belonging to any vessel, on a transfer or sale of the same.
SEC. 4165. No vessel which is registered, pursuant to any law of the United States, and which is seized or captured and condemned, onder the authority of any foreign power, or which by sale becoines the property of a foreigner, shall be entitled to or capable of receiving a new register, notwithstanding such vessel should afterward become Ameri. can property; but all such vessels shall be taken and considered, to all intents and purposes, as foreign vessels.
vessels. Nothing in this section shall extend to or be construed to affect the person owning any vessel at the time of the seizure or capture of the same, or his executor or administrator, or shall prevent such owner or his executor or administrator, in case he regain a property in such vessel, so condemned, by purchase or otherwise, from claiming and receiving a new register for the same, as he otherwise might have done.*
SEC. 4166. When any vessel, registered pursuant to any law of the Mortgage to an alien : A vessel may be mortgaged to an alien, and if purchased by a citizen on a foreclosure sale, could be redocumented. (Decision 4887 in 1881.)
Sale to foreigner : A vessel is subject to forfeiture, if a subject of any foreign state comes to have an interest in her, and the fact is not made known.
Steamboat owned by alien resident: A steamboat owned wholly or in part by an alien resident, to be employed solely in a river or bay of the United States, inay be enrolled or licensed.
An iron steamer, enlarged and repaired while abroad, cannot retain her status as a vessel of the United States. (Treasury Decision, 1870.)
Nor could a sailing-vessel retain her status as a vessel of the United States, if converted into a steamer while abroad by putting in of machinery. (Ibid.)