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section (a) of section 205 of this act and to reflect the amendment of R.S. § 4132 by act of May 24, 1938, c. 265, 52 Stat. 437, which added the reference to Wake, Midway, and Kingman Reef.

The words "of the Treasury" following "Secretary" in subsections

(d), and

(e) have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The word "issuing" has been substituted for "consular" in subsection (d) consistent with subsection (a), which provides that in addition to consular officers, "such other persons as may from time to time be designated by the President for the purpose" may issue provisional certificates of registry. For example, the captains of the ports of Cristobal and Balboa, Canal Zone, were so designated by Executive Order No. 10351, dated May 15, 1952 (17 F.R. 4517). See footnote 4 to § 3.3, Customs Regulations (19 CFR 3.3).

The word "survey" has been retained in subsection (d) notwithstanding its deletion elsewhere in this act (see, for example, sec. 206 of this act). Where eliminated, it has been used in the sense of an act performed by a Government officer formerly known as a "surveyor," a title abolished by act July 5, 1932, c. 430, title I, § 1, 47 Stat. 584 (19 U.S.C. 5a), and 1965 Reorganization Plan No. 1. In the context used in this section, however, it presumably refers to a report by Lloyds, Veritas, etc., and may be useful.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 208. OATH OF OWNER AS REQUISITE TO REGISTRY.-In order to the registry of any vessel[,] an oath shall be taken and subscribed by the owner, or by one of the owners thereof, before the officer or employee authorized to make such registry, declaring according to the best of the knowledge and belief of the person so swearing, the name of such vessel, her burden, the place where she was built, if built within the United States, its territories, Districts, or possessions, or the Commonwealth of Puerto Rico, and the year in which she was built; or that she has been captured in war, specifying the time, by a citizen of the United States, and lawfully condemned as prize, producing a copy of the sentence of condemnation, authenticated in the usual forms; or that she has been adjudged to be forfeited for a breach of the laws of the United States, producing a like copy of the adjudication of forfeiture; or that she has been wrecked on the coasts of the United States, its Districts, territories, or possessions, or the Commonwealth of Puerto Rico, or adjacent waters, purchased by a citizen or citizens of the United States, and thereupon repaired in a shipyard in the United States, its Districts, territories, or possessions, or the Commonwealth of Puerto Rico, to the extent of three times the appraised salved value of the vessel; or that she is a vessel purchased, chartered, or leased from the Secretary of Commerce; or that she is a seagoing vessel, built elsewhere than in the United States, its territories, Districts, or possessions, or the Commonwealth of Puerto Rico, declaring the place where and the year in which she was built, if known, and that she is to engage only in trade with foreign countries and with the Islands of Guam, Tutuila, Wake, Midway, and Kingman Reef; and declaring his name and place of abode, and if he be the sole owner of the vessel, that such is the case; or if there be another owner, that there is such other owner, specifying his name and place of abode, and that he is a citizen of the United States, and specifying the proportion belonging to each owner; [and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for and a partner in a house or copartnership consisting of citizens of the United States, actually carrying on trade within the United States, that such is the

case,] that the person so swearing is a citizen of the United States, and that there is no subject or citizen of any foreign [prince or] state, directly or indirectly, by way of trust, confidence, or otherwise, interested in such vessel, or in the profits or issues thereof; and that the master thereof is a citizen, naming the master, and stating the means whereby or manner in which he is a citizen.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 19 (R.S. § 4142).

The words "its territories, Districts, or possessions, or the Commonwealth of Puerto Rico," have been inserted after "United States" in the introductory clause consistent with paragraph (1) of subsection (a) of section 205 of this act and for the reasons stated in the second paragraph of the note to section 205.

The oath as found in R.S. § 4142, 46 U.S.C. 19, included reference, in the disjunctive, to the three classes of vessels which were eligible to registry when R.S. $4142 was enacted; viz: those built within the United States and belonging wholly to citizens thereof, those captured in war by citizens of the United States and lawfully condemned as prize, or those which may be adjudged to be forfeited for a breach of the laws of the United States. The oath as revised in this section parallels section 205 of this act, which enumerates six classes of vessels which now may be admitted to registry. The three new classes to which the oath now refers, also in the disjunctive, are vessels wrecked and repaired (see sec. 251 of this act), vessels purchased, chartered, or leased from the Secretary of Commerce (see sec. 252 of this act), and seagoing vessels, wherever built, meeting the criteria set forth in act Aug. 24, 1912, c. 390, § 5, 37 Stat. 562 (par. (6) of subsec. (a) of sec. 205 of this act).

The words "and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for and a partner in a house or copartnership consisting of citizens of the United States, actually carrying on trade within the United States that such is the case," have been deleted because of the repeal of R.S. §§ 4133 and 4134 by act Mar. 3, 1897, c. 389, § 16, 29 Stat. 691. See the first paragraph of the note to section 247 of this act.

The words "prince or" between "foreign" and "state" have been deleted as

archaic.

Changes have been made in phraseology as required in the context of this act.

SEC. 209. FORFEITURE FOR FALSE SWEARING BY OWNER OR AGENT.-If any [of the] matters of fact are alleged, in the oath taken by an owner, or by an agent or attorney acting on behalf of an owner, to obtain the registry of any vessel, which within the knowledge of the party so swearing are not true, there shall be a forfeiture of the vessel, in respect to which the oath shall have been made, together with her tackle, apparel, and furniture, or of the value thereof, to be recovered, with the costs of suit, of the person by whom the oath was made.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 21, 33 (R.S. §§ 4143, 4163). This section combines R.S. §§ 4143 and 4163 (46 U.S.C. 21 and 33). The prior sections were essentially the same except that R.S. § 4143 referred to the oath taken by "an owner" and R.S. § 4163 to the oath taken by "an agent or attorney." Insertion of the words "or by an agent or attorney acting on behalf of an owner," after "owner," permits the deletion of R.S. § 4163 (46 .S.C. 33) from this act. Changes have been made in phraseology as required in the context of this act.

SEC. 210. MASTER'S OATH OF CITIZENSHIP.-If the master of a vessel is within the district where a registry thereof is to be made, when application is made for registering the same, he shall himself, instead

of the owner, or of the agent or attorney, as provided in this chapter, make oath touching his being a citizen and the means whereby or manner in which he is a citizen; in which case, if the master shall knowingly swear to anything untrue, no forfeiture of the vessel on account of such false oath shall be incurred, but the master shall be liable to a penalty of $1,000.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 22 (R.S. 4144).
This section is unchanged.

SEC. 211. SURRENDER OF CERTIFICATE OF REGISTRY ON VESSEL'S LOSS OR PURCHASE BY ALIEN. (a) A certificate of registry shall be solely used for the vessel for which it is granted and shall not be sold, lent, or otherwise disposed of to any person whomsoever[;].

(b) [and in] In case the vessel so registered shall be lost, or taken by an enemy, burned, or broken up, or [shall be] otherwise prevented from returning to [the] her home port [to which she may belong], the certificate, if preserved, shall be delivered up within eight days after the arrival of the master or person having the charge or command of such vessel within any district of the United States, to the [collector of officer or employee designated by the Secretary for that purpose in such district[].

(c) [and if] If any [foreigner] alien, or any person for the use and benefit of such [foreigner] alien, shall purchase or otherwise become entitled to the whole, or any part or share of, or interest in such vessel, the same being within a district of the United States, the certificate shall, within seven days after such purchase, change, or transfer of property, be delivered up to the [collector of] officer or employee designated by the Secretary for that purpose in such district[]. [and if] If any such purchase, change, or transfer of property shall happen when such vessel shall be at any foreign port or place, or at sea, then the master or person having the charge or command thereof shall. within eight days after his arrival within any district of the United States, deliver up the certificate to the [collector of] officer or employee designated by the Secretary for that purpose in such district.

(d) Any master or owner violating the provisions of this section shall be liable to a penalty of not exceeding $500, and the certificate of registry shall be thenceforth void. [The Secretary of the Treasury shall have the power to remit or mitigate such penalty if in his opinion it was incurred without willful negligence or intention of fraud.]

(e) Subsection (c) of this section, subsection (d) of this section insofar as it relates to violations of the provisions of subsection (c), section 221 of this Act, and sections 9 and 37 of the Shipping Act of 1916, as amended (46 U.S.C. 808, 835), shall be construed together.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 28 (R.S. §4146; Jan. 16, 1895, c. 24, § 2, 28 Stat. 624; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317)

This section has been divided into subsections in accordance with the general arrangement of this act.

The words "her home port" have been substituted for "port to which she may belong" in subsection (b) consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the Note thereto.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector of" in subsection (b) and at two places in subsection (c) in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]"

The last sentence of subsection (d), concerning the authority of the Secretary to remit or mitigate the penalty therein provided in certain circumstances, is omitted as covered by section 107 of this act.

Subsection (e) is new. It is made necessary by the substitution in section 221 of this act of the words "as directed in subsection (c) of section 211 of this Act" for "as hereinbefore directed." As stated in the note to section 221 "as hereinbefore directed" refers to the direction in subsection (c) of this section. Sections 9 and 37 of the Shipping Act of 1916 establish additional requirements for the transfer alien of a registered vessel. These requirements are subsequent in time to this section as originally enacted, and it is deemed desirable to make reference to them at this point.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 212. BUILDER'S CERTIFICATE AS REQUISITE TO REGISTRY.In order to the registry of any vessel built within the United States, its territories, Districts, or possessions, or the Commonwealth of Puerto Rico, it shall be necessary to produce a certificate[, under the hand of the principal or master carpenter, by whom or under whose direction the vessel has been built, testifying that she was built by him or under his direction, and] executed by the builder of the vessel, or by some responsible person in the employment of the builder and having knowledge of the facts, specifying the place where, the time when, and the person for whom built, and describing her build, number of decks and masts, [length, breadth, depth,] tonnage, such additional identifying dimensions as the Secretary may prescribe, and such other circumstances as are usually descriptive of the identity of a vessel; which certificate shall be sufficient to authorize the removal of a new vessel from the place where she may be built to [another] the district [in the same or an adjoining State,] where [the owner actually resides] she is to be registered, provided she be with ballast only.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 24 (R.S. § 4147).

The words "its territories, Districts, or possessions, or the Commonwealth of Puerto Rico," have been inserted after "United States," in the introductory clause consistent with section 205 of this act and for the reasons stated in the second paragraph of the note thereto.

The words "executed by the builder of the vessel, or by some responsible person in the employment of the builder and having knowledge of the facts," have been substituted for "under the hand of the principal or master carpenter, by whom or under whose direction the vessel has been built, testifying that she was built by him or under his direction, and" as reflective of the current state of the shipbuilding art. The reference to "master carpenter" found in R.S. § 4147 (46 U.S.C. 24) is derived from act Dec. 31, 1792, c. 1, § 8, 1 Stat. 291, enacted when vessels were constructed of wood, and now is obsolete. It is an anomaly to require a certificate of "the principal or master carpenter" as a certificate of origin of a vessel constructed of iron or steel. The certificate referred to is designated as a "builder's certificate" in §3.12, Customs Regulations (19 CFR 3.12).

The words "length, breadth, depth," have been deleted and the words "such additional identifying dimensions as the Secretary may prescribe," have been inserted consistent with section 404 of this act, which provides that a vessel's

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marine document shall specify such identifying dimensions, measured in such manner, as the Secretary may prescribe.

The words "the district where she is to be registered" have been substituted for "the district in the same or an adjoining State, where the owner actually resides" consistent with the revised definition of "home port" found in section 203 of this act. The "home port," that is, the port to which the new vessel proceeds for registry, is no longer tied to the residence of the owner, ship's husband, or managing owner and may, if adequate reason appears, be anywhere else in the United States or its island possessions. The language of the statute as it stands is, with immaterial changes, that of act Dec. 31, 1792, § 8, 1 Stat. 291, when a shipyard in another state might well have been relatively much further away than one on the opposite coast would now be.

Changes have been made in phraseology as required in the context of this act.

SEC. 213. FORM OF CERTIFICATE OF REGISTRY.-When the several matters [hereinbefore] required by this chapter in order to the registry of any vessel have been complied with, the [collector of the district comprehending] officer or employee designated by the Secretary for that purpose at [the] her home 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:

"In pursuance of chapter [one, Title XLVIII, "Regulation of Commerce and Navigation", of the Revised Statutes of the United States] 2 of the Navigation Act of 1967 (inserting here the name 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, 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 here her name), of (inserting here the home 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 number 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)] (inserting here such additional identifying dimensions as the Secretary shall prescribe), and that she measures (inserting here her number of tons) [;], and [that she is] the vessel being (describing here the [particular kind] rig of the vessel, [whether ship, brigantine, snow, schooner, sloop, or whatever else] as prescribed by the Secretary of the Treasury for the purposes of the list of vessels of the United States published annually by him under the provisions of subsection (c) of section 106 of the Navigation Act of 1967, together with her build, and specifying whether she has any or no gallery or head);], [and the said (naming the owner, or the master, or other person acting in behalf of the owner or owners, by whom the certificate of measurement has been countersigned, as aforesaid) having agreed to the description and measurement above specified] the said vessel has been duly registered at the port of (naming the port where registered). Given under my hand

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