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49TH CONGRESS, HOUSE OF REPRESENTATIVES. , Mis. Doo.
1st Session.
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No. 391.

Τ Η Ε

NAVIGATION LAWS

OF

THE UNITED STATES.

BUREAU OF NAVIGATION,

1886.

WASHINGTON:
GOVERNMENT PRINTING OFFICE,

1886.

INTRODUCTION.

TREASURY DEPARTMENT,

BUREAU OF NAVIGATION,

Washington, D. C., August 25, 1886.

[Resolution of Congress passed July 31, 1886. ] Resolved by the House of Representatives (the Senate concurring), That there be printed 5,000 copies of the navigation and custons collection laws relating to vessels, including the saws relating to merchant seamen, and the regulation of steam vessels, compiled by the Bureau of Navigation in the Treasury Department, of which 1,000 copies shall be for the use of the Senate, 2,000 copies for the use of the House of Representatives, and 2,000 copies for the use of the Bureau of Navigation.

In compliance with the foregoing resolution I have prepared this vol. ume, comprising the navigation laws of the United States, with such statutes as relate to the customs and to merchant seamen.

In order to make the book concise and render the different subjects more easy of reference, the matter is classified in twelve parts, as below.

PART 1.-(1) Vessels: their measurement and documents; (2) entry and clearance ; (3) yachts and pleasure vessels; (4) tonnage duties; (5) Bureau of Navigation ; (6) abolishment of certain fees.

Part II.-(1) Regulation of vessels in foreign trade; (2) regulation of vessels in domestic trade; (3) regulation of vessels in the fisheries ; (4) drawbacks on shipbuilding materials, &c.

Part III.—(1) Transportation of passengers and merchandise ; (2) liability of shipowners; (3) transportation by steam-vessels ; (4) inspection, &c. ; (5) general pilot laws.

Part IV.-(1) Inmigration and coolie trade; (2) guano islands; (3) timber shipments; (4) carrying the mail.

Part V.-(1) Navigation rules and vessels' lights; (2) collisions-revised international regulations; (3) wrecks and life-saving stations; (4) storm and weather sig. nals; (5) fixing a common meridian.

PART VI.-(1) Lights and buoys; (2) Coast Survey ; (3) navigable rivers; (4) rivers and harbors.

PART VII.-(1) Public health; (2) quarantine; (3) hospitals, &c.

Part VIII.-(1) Merchant seamen and their shipment and discharge; (2) logbooks.

Part IX.--Miscellaneous acts, amendments, and corrections of the foregoing laws.

Part X.-(1) Foreign relations; (2) consular service; (3) extradition ; (4) neutrality.

Part XI.-(1) Insurrections and unlawful trade; (2) crimes ; (3) remission of penalties ; (4) piracy and trials; (5) slave trade; (6) prize.

PART XII.- (1) Customs laws; (2) collection of duties; (3) coins, weights, and measures.

The navigation laws proper are embraced in the first nine parts. The laws relating to customs and other subjects intimately connected with shipping are included so far as practicable in Parts X, XI, and XII.

An explanatory table precedes the laws and a fully classified index is appended, in which all the laws adopted since the issue of the last edition of the Revised Statutes down to 1886 (first session of the Fortyninth Congress) may be found by reference to the leading topic alphabetically arranged.

JARVIS PATTEN, Commissioner of Navigation.

EXPLANATORY TABLE.

Many of the laws relating to matters of navigation having been recently repealed or amended, it is difficult in some instances to ascertain what is actually in force without reference to both the old laws and the amendatory acts. In such cases both the old statutes and the subse. quent acts changing them bave been introduced under the same head so far as practicable.

As the different sections from the Revised Statutes are not in numerical order in the book, the following table is given to show where the statutes and laws that bave been changed may be found, and also the page where the repealing or amending act is printed.

Explanatory table.

Number of section or law

changed.

Page of section
or law changed.

Subject or heading.

Amendment act.

Page of amend

200

205

26 213 212 211

107 205 126

op

132

4530 Revised Statutes.... 177 Advances and allot (10) June 26, 1884..

ments. (10) June 26, 1884...

200 ....do

June 19, 1886 4131 Revised Statutes.

5 Alien officers

June 26, 1884 4490 Revised Statutes.

87 Bulkheads

July 9, 1886 Sec. 1, chap. 376, laws 1882. 72 Capitation tax June 26, 1884 4691 Revised Statutes..

149 Charts

June 20, 1878, and

March 13, 1879. May 6, 1832..

105 Chinese laborers. July 5, 1884 4612 Revised Statntes.

197 Coastwise shipments., (2) June 19, 1886.. 4233 Revised Statutes.

123 Collision, prevention March 3, 1885.

of. 4233 Revised Statutes, Rule 125 Collision, boats June 19, 1886 XII.

Saint Lawrence. 4581 Revised Statutes.

189 Consular discharges.. June 26, 1884 4213 Revised Statutes.

31 Consular fees.. June 26, 1884 4576 Revised Statutes.

188 Crew list

June 26, 1884 2966 Revised Statutes. 376 Delivery of cargo. (24) June 26, 1884.. 4600 Revised Statutes.

194 Deserters...

(6) June 26, 1884.. 4578 Revised Statutes.

189 Destitute seamen (9) June 26, 1984. 4580 Revised Statutes.

189 Discharge of seamen. (2) June 26, 1884. 4583 Revised Statutes.

190 ....do

(3) June 26, 1884... 4158 Revised Statutes.

14 Documents

(2) July 5, 1884 2510, 2511 Revised Statutes.. Drawbacks..

(10) June 19, 1886.. March 3, 1883....

211 Drawback on coals .. (10) June 19, 1886.. 4328 Revised Statutes.

47 | Enrollment and April 17, 1874.

license. February 18, 1793.

23
...do

April 18, 1874 4381 Revised Statutes.

59 Fees

February 27, 1876.. 4381, 4382 Revised Statutes.. 59 ....do

July 5, 1884 4456 Revised Statutes.

100 .... do

(28) June 26, 1884.. 4501 Revised Statutes.

171
....do

June 26, 1884 4592-4594 Revised Statutes.. 192 ..do

June 19, 1886 March 3, 1875.....

169 / Fees abolished

(1) Jnne 19, 1886.. Treaty of Washington

Fisheries

March 3, 1883.. (16) June 26, 1881..

203 Fishing and whaling (15) June 19, 1886..

vessels. 5574 Revised Statutes..... 111 Guano islands

April 18, 1884. 4178, 4334 Revised Statutes.. 18,48 Hail ports

201 200 203 121 201 202 200 200 39 63 64 23

291

24 210

26 101 204 40 40 211 206

212

(21) June 26, 1884.. June 2, 1879 ....

162 | Health

July 1, 1879 4585-4587 Revised Statutes.. 190 Hospital dues March 3, 1875.. March 3, 1875.....

169 ....do

(15) June 26, 1884..

26 161 169 169 32 | Yachts..

Explanatory table-Continued.

Number of section or law

changed.

Subject or heading.

Amendment act.

Page of section
Por law changed.

Page of amend

inent act.

....do

26

1

1

May 3, 1880..
168 Hospital service March 9, 1882

168 2872 Revised Statutes.

359 Inspection

(25) June 26, 1884.. 80 2872 Revised Statutes

359 ...do

July 7, 1882... 211 4415 Revised Statutes.

91

Insert words or an 91 inspector of boil

ers" in 25th line. 4289 Revised Statutes.

81 Liability

Instead of this tille"

read “seven pre

ceding sections." 4334 Revised Statutes.. 48 Licensed vessels. June 26, 1884.

26 340 Revised Statutes.. 41 Lists of vessels (4) July 5, 1884

39 3976 Revised Statutes.

116 Mails

June 26, 1-84

121 4203 Revised Statutes.

30 ....do

....do

121 4131 Revised Statutes.

5 Measnrement

...do 4349-4356 Revised Statutes.. 52 Mississippi River July 12, 1876

210 4178,4179 Revised Statutes.. 18 Names of vessels. June 26, 1884

26 March 2, 1881

211
Names of vessels,

(5) July 5, 1884. 39

change of. December 31, 1792 ... 48 Names of vessels June 23, 1874.

24 painted on stern. 4131 Revised Statutes..

5 Officers...

Jupe 26, 1884

26 4153 Revised Statutes.

12 Official number: (6) June 19, 1886. 27 4177 Revised Statutes

18 do ....

... do

27 February 20, 1871.... Pilots and engineers . April 17, 1874

101 4320 Revised Statutes.

46 Regis'ry of hond Strike out words ir 46

italics 4349 Revised Statutes..

52 Reports of vessels July 12, 1876. 152 4582 Revised Statntes.

189 | Sale of vessel...... (5) June 26, 1884. 201 4501 Revised Statutes. 171 Shippiog commission- June 26, 1884. 204

ег8. . June 7, 1872 ...... 173 Sbipient of sea men June 9, 1874..

200 4612 Revised Statutes.

197
do

(2) June 19, 1836. 205 4569 Revised Statutes.

1-6 Slop-chest.

(11) June 26, 18*4. 203 (1') June 26, 18-4....

203 .do

(13) June 19, 1886.. 206 Titl. L, Revised Statutes. Steam and sail vessels June 30, 1879

24 February 2-, 1071....

32 Steam-pressure

January 6, 1874. 209 4418 Revised Statutes.

92 Sieam-gauges

(14) June 19, 1986.. 101 441* Reviserl Statutes. 92 Steam-vessels. July 7, 1882

211 4561 Revised Statutes. 184 Survey of vessel (4) June 26, 1884. 201 4153, 4154 Revised Statutes.. 11, 12 Tonnage

August 5, 1882.

25 4219 Revised Statutes.

35 Tonnage tax

(14) June 26, 1874.. 27 (14) June 2, 1884

37
...do

(11) June 19, 1886.. 28 4347 Revised Statutos... 50 | Transportation March 3, 1883.

34 4252-4277 Revised Statutes 65-71 Transportation of August 2, 1882. 78 (inclusive).

passengers. (9) June 26, 18*4 ..

202 | Transportation of (18) June 19, 1886.. 205

seainen. 2776 Revised Statutes. 340 Unlading vessels..... June 26, 1884 Title L, Revised Statutes 44 Vessels, sail and steam June 30, 1879

24 4554 Revised Statutes.

190 Wages, extra. (8) June 26, 1884 202 Wreck

March 13, 1875. 210 Wreck appropriations July 31, 1876

210 4214 Revised Statutes.

March 3, 1883.

33

THE NAVIGATION LAWS OF THE UNITED STATES.

PART I.

1. VESSELS : THEIR MEASUREMENT AND DOCUMENTS.
2. ENTRY AND CLEARANCE.
3. YACHTS AND PLEASURE VESSELS.
4. TONNAGE DUTIES.
5. BUREAU OF NAVIGATION.
6. ABOLISHMENT OF CERTAIN FEES.

(Revised Statutes, Title I, chap. 1.)

DEFINITION OF A VESSEL.

SEC. 3. The word “vessel” includes every description of water-craft or other artificial contrivance used or capable of being used as a means of transportation on water.

1.-VESSELS: THEIR MEASUREMENT AND DOCUMENTS.

(Revised Statutes, Title XLVIII, chap. 1.-Regulation of Commerce and Navigation.) SEC. 4131.* Vessels registered pursuant to law, and no others, except

shall be duly qualified, according to law, for carrying on the coasting trade and fisheries, or one of them, shall be deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels; but they shall not enjoy the same longer than

* According to a Treasury circular of May 19, 1865, it even includes rafts. Justice Merrick (1885) decided that a dredge was a vessel and the subject of admiralty.

Vessels entitled to be documented as vessels of the United States are of five classes, as follows:

1. Sach as are built in the country and have, after being documented, been wholly owned by citizens of the United States.

2. Such as are built in the country under foreign ownership in whole or in part, not registered, enrolled, or licensed, but recorded, according to law upon becoming the exclusive property of citizens of the United States.

3. Such as have been captured in war by citizens of the United States, lawfully condemned as a prize and wholly owned by such citizens.

4. Such as have been forfeited for a violation of the laws of the Uoited States and wholly owned by its citizens.

5. Vessels built out of the United States but wrecked within the waters thereof and purchased and repaired by citizens of the United States at an expense of threefourths of the cost of the vessel when repaired.

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