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The words "or mislaid" have been added following "destroyed" in the introductory clause consistent with the distinction between a register "lost" and a register "mislaid" found in section 219 of this act.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector of" in two places in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]" The words "comprehending the home port of the vessel" have been substituted for "to which the vessel actually belongs", and "comprehending her home port" for "to which she belongs" consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

The words "be thenceforth" have been substituted for "become null and" before "void" consistent with section 217 of this act.

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

SEC. 221. FAILURE TO REPORT SALE ALIEN OF REGISTERED VESSEL. (a) If any vessel registered as a vessel of the United States shall be sold or transferred [] in whole or in part, by way of trust, confidence, or otherwise, to a subject or citizen of any foreign [prince or] state, and such sale or transfer shall not be made known as [hereinbefore] directed in subsection (c) of section 211 of this Act, such vessel, together with her tackle, apparel, and furniture, shall be forfeited. If such vessel, however, be so owned in part only, and it is made to appear to the court or jury before whom the trial for such forfeiture is had[,] that any other owner of such vessel, being a citizen of the United States, was wholly ignorant of the sale or transfer to or ownership of such foreign subject or citizen, the share or interest of such citizen of the United States shall not be subject to such forfeiture, and the residue only shall be so forfeited.

(b) This section, subsection (c) of section 211 of this Act, subsection (d) of that section insofar as it relates to violations of subsection (c), 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., § 41 (R.S. § 4172).

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

The words "as directed in subsection (c) of section 211 of this Act" have been substituted for "as hereinbefore directed" in subsection (a) to eliminate the ambiguity resulting from the lack of an antecedent for "as hereinbefore directed" in the context. See The Margaret, 9 Wheat., 22 U.S. 421, 422, 6 L.Ed. 125 (1824), wherein Mr. Justice Story, in construing act Dec. 31, 1792, c. 1, § 16, 1 Stat. 295 (subsec. (a) of this section), stated: "The manner of making known the transfer here referred to is found prescribed in the 7th section of the act ***." The "7th section of the Act" mentioned is act Dec. 31, 1792, c. 1, § 7, 1 Stat. 290 (later R.S. § 4146, as amended, 46 U.S.C. 23, sec. 211 of this act).

The words "court or" have been inserted before "jury" in subsection (a) to correct an anomaly which requires jury trials of forfeitures prescribed as a penalty for violation of a statute where the seizure takes place within the admiralty and maritime jurisdiction of the United States. Forfeitures of vessels in such cases are the concern of the admiralty side of Federal courts and thus are heard without a jury. See act Sept. 24, 1789, c. 20, §9, 1 Stat. 77, which provides, in part, "and the trial of issues in fact, in the district courts, in all causes except civil causes of admiralty and maritime jurisdiction, shall be by jury." In this connection, 28 U.S.C. § 2461 (June 25, 1948, c. 646, 62 Stat. 974) states, in part:

"(b) Unless otherwise provided by Act of Congress, whenever a forfeiture of property is prescribed as a penalty for violation of an Act of Congress and the

seizure takes place on the high seas or on navigable waters within the admiralty and maritime jurisdiction of the United States, such forfeiture may be enforced by libel in admiralty but in cases of seizures on land the forfeiture may be enforced by a proceeding by libel which shall conform as near as may be to proceedings in admiralty.'

In The Margaret, Mr. Justice Story further stated: "The probability is, that the words court or were omitted before the word "jury", by mistake in the draft of the Act ***" The Court held that the statute did not grant the right to a jury trial in case of a vessel over 10 tons seized on high seas or in navigable waters. Subsection (b) is new. Sections 9 and 37 of the Shipping Act of 1916 establish additional requirements concerning the transfer alien of a registered vessel. These requirements were enacted subsequent in time to this section as originally enacted, and it is deemed desirable to make reference to them at this point, as has been done in subsection (e) of section 211 of this act.

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

SEC. 222. NEW REGISTRY ON SALE OR ALTERATION OF VESSEL.Whenever any vessel [,] which has been registered [,] is, in whole or in part, sold or transferred in whole or in part to a citizen of the United States, or is altered in form or burdent] by being lengthened or built upon, or from one denomination to another[,] by the mode or method of rigging or fitting, the vessel shall be registered anew, by her former name[, according to the directions hereinbefore contained,]; otherwise she shall cease to be deemed a vessel of the United States. The former certificate of registry of such vessel shall be delivered up to the [collector] officer or employee designated by the Secretary for that purpose to whom application for such new registry is made, at the time [that] the same is made, to be by him transmitted to the Secretary [of the Treasury], who shall cause the same to be canceled. In every such case of sale or transfer[,] there shall be some instrument of writing, in the nature of a bill of sale, which shall recite[] at length, the certificate; otherwise the vessel shall be incapable of being so registered anew.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 39 (R.S. § 4170; July 5, 1884, c. 221, § 2, 23 Stat. 118; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101104, 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).

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

The words "according to the directions hereinbefore contained," have been deleted as surplusage.

The words "of the Treasury" following "Secretary" have been deleted as surplusage, because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

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

SEC. 223. PENALTY FOR FAILURE TO OBTAIN NEW REGISTRY, IF REQUIRED, OR TO DELIVER FORMER REGISTER.-In every case in which a vessel is required to be registered anew, if she shall not be so registered anew, she shall not be entitled to any of the privileges or benefits of a vessel of the United States. [And if] If her former certificate of registry is not delivered up, except where the same may have

been destroyed, lost, or unintentionally mislaid, and an oath thereof shall have been made [,] as [herein before] prescribed [(R.S. 4167)] in section 219 of this Act, the owner of such vessel shall be liable to a penalty of $500, to be recovered, with costs of suit].

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 38 (R.S. § 4169; 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).

The words "to be recovered, with costs of suit", have been deleted as surplusage.

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

SEC. 224. CANCELLATION OF INVALID CERTIFICATE OF REGISTRY.Every certificate of registry which, [is delivered up to a collector] on the loss, destruction, or capture of a vessel, or the transfer thereof to [a foreigner] an alien, is delivered up to an officer or employee designated by the Secretary for that purpose shall be forthwith transmitted to the Secretary [of the Treasury] to be canceled [;]. [who, if] If the [same] certificate of registry shall have been delivered up to [a] an [collector] officer or employee in a district other than [of] the district in which it was granted, the Secretary shall cause notice of such delivery to be given to the [collector of] officer or employee designated by him for that purpose in such district.

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 43 (R.S. § 4174; July 5, 1884, c. 221, § 2, 23 Stat. 119; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101104, 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).

The word "alien" has been substituted for "foreigner" because "foreigner" has become obsolete in this context.

The words "officer or employee designated by the Secretary for that purpose", or variations of such words, have been substituted for "collector" in three places in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]"

The words "of the Treasury" following "Secretary" have been deleted as surplusage, because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The words "the Secretary" have been inserted after "granted" in lieu of the pronoun "who" following "canceled" to resolve any ambiguity.

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

SEC. 225. ENDORSEMENT OF CHANGE OF MASTER ON CERTIFICATE OF REGISTRY. (a) When the master or person having the charge or command of a registered vessel is changed, the owner, or one of the owners, or the new master of such vessel[,] shall report such change to the [collector of officer or employee designated by the Secretary for that purpose in the district where the same has happened, or where the vessel shall first be after the same has happened, and shall produce to him the certificate of registry of such vessel, and shall make oath[,] showing that such new master is a citizen of the United States[] and the manner in which or means whereby he is so a citizen. If the

change is not reported or if the oath is not taken, the registry of such vessel shall be void, and the master or person having the charge or command of her shall be liable to a penalty of $100.

(b) [Thereupon the collector] The officer or employee to whom the change has been reported shall thereupon [indorse] endorse upon the certificate of registry, and shall subscribe, a memorandum of such change, specifying the name of such new master[, and shall subscribe the memorandum with his name]; and if such officer or employee is in a district other than [the collector of the district by whom the certificate of registry was granted,] that comprehending the vessel's home port, he shall transmit a copy of the memorandum, [to him] with notice of the particular vessel to which it relates [:], [and the collector of the district, by whom the certificate shall have been granted,] to the officer or employee designated by the Secretary for that purpose in the latter district, who shall make a like memorandum of such change in his book of registers, and shall transmit a copy thereof to the Secretary of the Treasury]. [If the change is not reported, or if the oath is not taken, as above directed, the registry of such vessel shall be void, and the master or person having the charge or command of her shall be liable to a penalty of $100.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 40 (R.S. §4171; July 5, 1884, c. 221, § 2, 23 Stat. 118; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 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).

The words "officer or employee designated by the Secretary for that purpose", or variations of such words, have been substituted for "collector" in several places in this section in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]"

The

The requirement ", and shall transmit a copy thereof to the Secretary of the Treasury' has been deleted for reasons of obsolescence and desuetude. requirement does not appear in §3.24, Customs Regulations, 19 CFR 3.24, relating to the manner in which a change of master shall be reported.

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

SEC. 226. OATH AS REQUISITE TO OBTAIN RECORD OF VESSEL OWNED BY ALIEN. Every vessel built in the United States, and belonging wholly or in part to the subjects of foreign [powers] states, in order to be entitled to the benefits of a ship built and recorded in the United States, shall be recorded in the office [of the collector of] designated by the Secretary for that purpose in the district in which such vessel was built []. [in the manner following:] The builder of every such vessel, or some responsible person in the employment of the builder and having knowledge of the facts, shall make oath before the [collector of the district] officer or employee designated by the Secretary for that purpose, in [manner] the form following:

"I (inserting here the name of such builder, or of such responsible person in the employment of the builder and having knowledge of the facts), of (inserting here the place of his residence), do swear (or affirm) that (describing here the [kind] rig of the vessel, [as whether ship, brig, snow, schooner, 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) named (inserting here the name of the [ship or] vessel), having (inserting here the number of decks), and [being in length (inserting here the number of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet)] (inserting here such additional identifying dimensions as the Secretary shall prescribe), and measuring (inserting here the number of tons), [having (specifying whether any or no) gallery, and (also specifying whether any or no) head,] was built by me or under my direction (or under the direction of, naming the builder) at (naming the place, county, and State), in the United States, in the year (inserting here the number of the year)."

[Which] The oath shall be subscribed by the person making the same[] and shall be recorded in a book to be kept [by the collector] for that purpose.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 54 (R.S. § 4180; 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).

The word "states" has been substituted for "powers" following "foreign" consistent with the use of the term "foreign state" in Sec. 221 of this Act.

The words "office designated by the Secretary for that purpose," and "officer or employee designated by the Secretary for that "purpose" have been substituted, respectively, for "office of the collector of," and "collector of the district," and the words "by the collector" have been deleted, in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]"

The words "or some responsible person in the employment of the builder and having knowledge of the facts," "or of such responsible person in the employment of the builder and having knowledge of the facts," and "(or under the direction of, naming the builder)" have been inserted, respectively, after "vessel,” “builder,’ and "direction" consistent with Sec. 212 of this Act and for the reasons stated in the second paragraph of the Note thereto.

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The words "(describing here the rig of the vessel, 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)" have been substituted for "describing here the kind of vessel, as whether ship, brig, snow, schooner, sloop, or whatever else)" for the reasons stated in the fifth paragraph of the Note to Sec. 213 of this Act.

The words "(inserting here such additional identifying dimensions as the Secretary shall prescribe)" have been substituted for "being in length (inserting here the number of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet)" consistent with Sec. 404 of this Act, which provides that a vessel's marine document shall specify such identifying dimensions, measured in such manner, as the Secretary may prescribe.

The words "having (specifying whether any or no) gallery, and (also specifying whether any or no) head," have been deleted for the reasons stated in the penultimate paragraph of the Note to Sec. 213 of this Act.

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

SEC. 227. FORM OF CERTIFICATE OF RECORD.-A certificate of [the] record, attested under the hand and seal of the [collector] officer or employee designated by the Secretary for that purpose, shall be granted to the master of every [such] vessel recorded pursuant to the provisions of section 226 of this Act, as nearly as may be [, of] in the form following:

"In pursuance of chapter [one, title XLVII, 'Regulation of Commerce and Navigation', of the Revised Statutes of the United States]

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