4.90 Simultaneous vessel transactions

"From port to port in the United States."

This change is in harmony with act June 19, 1886, c. 421, §7, 24 Stat. 81; Aug. 5, 1935, c. 438, title III, §314, 49 Stat. 529; 46 U.S.C. 319 (sec. 247 of this act), which recognizes a distinction between "district" and "port or place" in prescribing penalties for vessels entitled to be documented as vessels of the United States, other than registered vessels, found trading "between district and district, or between different places in the same district" without an enrollment and license or license.

In view of the foregoing the word "district" is retained in this act only when it means "customs collection district" as currently constituted.

The words "her territories, Districts, or possessions, or the Commonwealth of Puerto Rico" have been inserted after "United States" to make clear that the section is applicable to noncontiguous territory of the United States and the District of Columbia (see particularly sec. 4.84, Customs Regulations, supra). The reference to the Commonwealth of Puerto Rico reflects the present status of that former possession. See act July 3, 1950, c. 446, §§1-6, 64 Stat. 319; §1 of the Constitution of Puerto Rico (48 U.S.C. 731b-e, 737).

The words "enrolled and licensed or" have been inserted before "licensed" for the reason stated in the last paragraph of the note to section 235 of this act. Changes have been made in phraseology as required in the context of this act.

SEC. 246. PENALTY FOR VIOLATION OF LICENSE.-Whenever any licensed vessel is transferred, in whole or in part, to any person who is not at the time of such transfer a citizen of [and resident within] the United States, or is employed in any other trade than that for which she is licensed, or is employed in any trade whereby the revenue of the United States is defrauded, or is found with a forged or altered license, or one granted for any other vessel, or with merchandise of foreign growth or manufacture (sea stores excepted), or any taxable domestic spirits, wines, or other alcoholic liquors, on which the duties or taxes have not been paid or secured to be paid, such vessel with her tackle, apparel and furniture, and the cargo[,] found on board her, shall be forfeited. But vessels which may be licensed for the mackerel fishery shall not incur such forfeiture by engaging in catching cod or fish of any other description whatever. For the purposes of this section[] marks, labels, brands, or stamps[] indicative of foreign origin, upon or accompanying merchandise or containers of merchandise found upon any vessel, shall be prima facie evidence of the foreign origin of such merchandise.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 325 (R.S. § 4377; Aug. 5, 1935, c. 438, title III, § 313, 49 Stat. 528).

The words "and resident within" preceding "the United States" have been deleted because residence within the United States has not been a requisite to documentation of a vessel since the repeal of R.S. § 4133 and § 4134 by act Mar. 3, 1897, c. 389, § 16, 29 Stat. 691, and because it is not required of a transferee of any vessel under either § 9 or § 37 of the Shipping Act of 1916, as amended (46 U.S.C. 808, 835), which represent the most recent declarations of legislative policy on transfers.

In order for the enrollment of any vessel, she shall possess the same qualifications, and the same requirements in all respects shall be complied with, as are required before registering a vessel. R.S. § 4321, 46 U.S.C. 252 (sec. 229 of this act). Any vessel that may be registered may be (with exceptions not here pertinent) enrolled, enrolled and licensed, or licensed. R.S. § 4322, 46 U.S. C. 264 (sec. 235 of this act). R.S. § 4133 and §4134, which established residence requirements for owners of vessels to be admitted to registry, however, were repealed by act Mar. 3, 1897, as noted above.

SEC. 247. PENALTY FOR TRADING OR CARRYING ON THE FISHERY WITHOUT REQUIRED LICENSE. Every vessel of twenty tons or upwards[] entitled to be documented as a vessel of the United States, other than registered vessels, found trading between district and district; or between different places in the same district, or carrying on the fishery, without being enrolled and licensed, and every vessel of less than twenty tons and not less than five tons burden found trading or carrying on the fishery as aforesaid without a license obtained as provided by this [title] chapter, shall be liable to a fine of $30 at every port of arrival without such enrollment and license or license, and if she have on board any merchandise of foreigu growth or manufacture (sea stores excepted), or any taxable domestic spirits, wines, or other alcoholic liquors [,] on which the duties or taxes have not been paid or secured to be paid, she shall, together with her tackle, apparel and furniture, and the lading found on board, be forfeited. Marks, labels, brands, or stamps[,] indicative of foreign origin, upon or accompanying merchandise or containers of merchandise found on board such vessel, shall be prima facie evidence of the foreign origin of such merchandise. But if the license shall have expired while the vessel was at sea [,] and there shall have been no opportunity to renew such license, then said fine or forfeiture shall not be incurred.

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 319 (June 19, 1886, c. 421, § 7, 24 Stat. 81; Aug. 5, 1935, c. 438, title III, § 314, 49 Stat. 529).

The words "and license" have been inserted following "without such enrollment" consistent with the requirement in the introductory clause that a vessel of 20 tons or upward, in certain circumstances, is required to be "enrolled and licensed."

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

SEC. 248. MERCHANDISE EXEMPT FROM FORFEITURE IN CERTAIN CIRCUMSTANCES.-Any merchandise on board any vessel which belongs[] in good faith[,] to any person other than the master, owner, or [mariners] crew of such vessel, and upon which the duties have been paid[,] or secured according to law, shall be exempted from any forfeiture under sections 243, 246, 247, and 611 of this [Title] Act.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 326 (R.S. § 4378).

Changes have been made in phraseology as required in the context of this act. The word "title," which has been deleted, referred to title 50 of the Revised Statutes. The provisions thereof which remain in force and to which this section is applicable are covered by sections 243, 246, and 611 of this act.

The word "crew" has been substituted for the word "mariners" as the latter word in this context is archaic.

R.S. 4378, as codified, 46 U.S.C. 326 (this section), is made applicable to R.S. § 4372, 46 U.S.C. 318, which provides:

"If any vessel be at sea at the expiration of the time for which the license was given, and the master of such vessel shall swear that such was the case, and shall also, within forty-eight hours after his arrival, deliver to the collector of the district in which he shall first arrive the license which shall have expired, the forfeiture prescribed in section 4371 of this title [46 U.S.C. 317] shall not be incurred, nor shall the vessel be liable to pay the fees and tonnage therein required."

R.S. § 4371, formerly 46 U.S.C. 317, however, was repealed by act Feb. 28, 1933, c. 131, § 1, 47 Stat. 1349. R.S. § 4371, prior to its repeal, provided: "Every vessel of twenty tons or upward, other than registered vessels found trading between district and district, or between different places in the same district, or carrying on the fishery without being enrolled and licensed, or if less than twenty tons and not less than five tons, without a license, in the manner provided by this title, if laden with merchandise the growth or manufacture of the United States only, distilled spirits excepted, or in ballast, shall pay the same fees and tonnage in every port of the United States at which she may arrive as vessels not belonging to a citizen of the United States; and, if she have on board any articles of foreign growth of manufacture, or distilled spirits, other than sea-stores, she shall, together with her tackle, apparel, and furniture, and the lading found on board, be forfeited."

R.S. § 4372 is omitted from this act as obsolete because it is referable only to a statute which has been repealed. Act June 19, 1886, c. 421, § 7, 24 Stat. 81; Aug. 5, 1935, c. 438, title III, 314, 49 Stat. 529, 46 U.S.C. 319 (sec. 247 of this act) is, however, essentially the same as R.S. § 4371, except for a change in the penalty provisions, and as such is the successor to R.S. § 4371, referred to in R.S. § 4372, not heretofore repealed. The result is that this section is made applicable to section 247 of this act, which in part provides for the forfeiture of "the lading found on board" vessels in violation of its provisions, in addition to sections 243, 246, and 611 of this act, although section 247 is not derived from title 50 of the Revised Statutes.

SEC. 249. NOTICE OF SEIZURE OF VESSEL OR MERCHANDISE: NAME AND ADDRESS OF OWNERS OR CONSIGNEES TO BE GIVEN.-In every case where a forfeiture of any vessel or merchandise shall accrue [,] it shall be the duty of the [collector or other proper] officer or employee designated by the Secretary for that purpose,] who shall give notice of the seizure of such vessel or of such merchandise [,] to insert in the same advertisement the name and the place of residence of the person to whom any such vessel [and] or merchandise belonged or [were] was consigned, if the same be known to him.

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 327 (R.S. § 4379; 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 or other proper officer" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs.]"

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

SEC. 250. PROSECUTION AND RECOVERY OF PENALTIES AND FORFEITURES AND DISCRETIONARY DESTRUCTION OF FORFEITED VESSELS. (a) All penalties and forfeitures which shall be incurred by virtue of sections 229, 231, 233, 236–238, 242-243 245-247, 255, 257, 260, 269-272, 520, 521, 523, 602, 603, 610-611, 906, 927, and 929 of this [Title] Act may be sued for, prosecuted, and recovered as penalties and forfeitures incurred by virtue of the laws relating to the collection of duties and shall be [appropriated] disposed of in like manner [:], except when otherwise expressly prescribed.

(b) Any vessel [or vehicle] forfeited to the United States, whether summarily or by a decree of any court, for violation of any law respecting the revenue, may, in the discretion of the Secretary [of the Treasury], if he deems it necessary to protect the revenue of the

United States, be destroyed in lieu of the sale thereof [under existing] otherwise provided for by law.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 328 (R.S. § 4380); 19 U.S.C. 1964 ed., § 1705 (Aug. 5, 1935, c. 438, title I, § 5, 49 Stat. 519). Subsection (a) is based on R.S. § 4380 (46 U.S.C. 328). The word "title," which has been deleted, referred to title L of the Revised Statutes. The provisions thereof which remain in force and to which this section is applicable are covered by sections 229, 231, 233, 236-238, 242-243, 245-247, 255, 257, 260, 269-272, 520-521, 523, 602–603, 610-611, 906, 927, and 929 of this act.

This section also is made applicable to section 248 of this act, although section 248 is not part of title L of the Revised Statutes, for the reasons stated in the last three paragraphs of the note to section 249 of this act.

The words "disposed of" have been substituted for "appropriated" as less susceptible to ambiguous interpretation. 20.A.G. 392 (1830) states affirmatively that penalties and forfeitures incurred under acts Dec. 31, 1792 and Feb. [18], 1793, are to be "sued for, prosecuted, recovered, and disposed of" in the manner provided in the duty act of Aug. 4, 1790, in spite of its subsequent repeal. Subsection (b) is based on act Aug. 5, 1935, c. 438, title I, § 5, 49 Stat. 519 (19 U.S.C. 1705). The reference to "vehicle" in subsection (b) has been omitted as beyond the scope of this act.

The words "of the Treasury" following "Secretary" in subsection (b) 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 arrangement and phraseology as required in the context of this act.

SEC. 251. WRECKED VESSELS MAY BE REGISTERED OR ENROLLED IN CERTAIN CIRCUMSTANCES.-(a) The Secretary [of the Treasury] may issue a register, [or] enrollment, enrollment and license, or license for any vessel wrecked on the coasts of the United States or [her] its districts, territories, or possessions, or the Commonwealth of Puerto Rico, or adjacent waters, when purchased by a citizen of the United States and thereupon repaired in a shipyard in the United States or [her] its districts, territories, or possessions, or the Commonwealth of Puerto Rico, if it shall be proved to the satisfaction of the Secretary [of the Treasury], if he deems it necessary, through a board of three appraisers appointed by him, that the said repairs put upon such vessel are equal to three times the appriased salved value of the vessel [:]. [Provided, That the] The expense of the appraisal [herein] provided for shall be borne by the owner of the vessel [:]. (b) [Provided further, That if] If any of the material matters of fact sworn to or represented by the owner, or at his instance, to obtain the [register] registry, enrollment, enrollment and licensing, or licensing of any such vessel are not true, there shall be a forfeiture to the United States of the vessel in respect to which the oath shall have been made, together with her tackle, apparel, and furniture.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 14 (R.S. § 4136; Feb. 24, 1915, c. 57, 38 Stat. 812; 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).

The words "of the Treasury" following "Secretary" have been deleted as surplusage in two places in subsection (a) because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The words "register, enrollment, enrollment and license, or license" have been substituted for "register or enrollment" in the introductory clause of subsection (a), and the words "registry, enrollment, enrollment and licensing, or licensing"

for "register" in subsection (b), for the reason stated in the last paragraph of the note to section 235 of this act.

The words "United States or its districts, territories, or possessions, or the Commonwealth of Puerto Rico," have been substituted for "the United States or her possessions" in two places consistent with the phraseology used throughout this act. The reference to "the Commonwealth of Puerto Rico" reflects the present status of this former possession. See act July 3, 1950, c. 446, §§ 1–6, 64 Stat. 319; § 1 of the Constitution of Puerto Rico (48 U.S.C. 731 b-e, 737). Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 252. VESSELS PURCHASED, CHARTERED, OR LEASED FROM THE SECRETARY OF COMMERCE.-Any vessel purchased, chartered, or leased from the Secretary of Commerce[] by persons who are citizens of the United States[,] may be registered, enrolled, [or] enrolled and licensed, or licensed [(or both registered and enrolled and licensed)] as a vessel of the United States and entitled to the benefits and privileges appertaining thereto[:]. [Provided, That foreign-built vessels admitted to American registry or enrollment and license under this Act, and vessels owned by any corporation in which the United States is a stockholder, and vessels sold, leased, or chartered by the Secretary of Commerce to any person a citizen of the United States, as provided in this Act, may engage in the coastwise trade of the United States while owned, leased, or chartered by such a person.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 808 (Sept. 7, 1916, c. 451, § 9, 39 Stat. 730; July 15, 1918, c. 152, § 3, 40 Stat. 900; June 5, 1920, c. 250, § 18, 41 Stat. 994; Ex. Ord. No. 6166, § 12, June 10, 1933; June 29, 1936, c. 858, §§ 204, 904, 49 Stat. 1987, 2016; June 23, 1938, c. 600, § 42, 52 Stat. 964; 1950 Reorganization Plan No. 21, §§ 204, 305, 306, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1276, 1277).

The phrase "may be registered, enrolled, enrolled and licensed, or licensed" has been substituted for "may be registered, or enrolled and licensed" for the reason stated in the last paragraph of the note to section 235 of this act.

The words "(or both registered and enrolled and licensed)" have been deleted as ambiguous, as a vessel may not be both registered and enrolled and licensed at the same time, and the substituted wording "may be registered, enrolled, enrolled, and licensed, or licensed" includes all types of documents for which a vessel may be eligible.

The provisio has been omitted here as covered by section 516 of this act.

SEC. 253. DOCUMENTATION TO BE DENIED VESSELS NOT COMPLY ING WITH INSPECTION LAWS.-A register, enrollment, enrollment and license, or license shall not be granted, or other papers be issued, by any [collector or other chief officer of customs officer or employee designated by the Secretary for that purpose to any vessel subject by law to inspection [under this Title] until all the provisions of [this Title] law applicable to such vessel have been fully complied with and until the copy of the certificate of inspection required by [this Title] law for such vessel has been filed with [said collector or other chief officer of customs] such officer or employee: Provided, That the enrollment and license or license granted to any vessel, if presented to any [collector of sustoms] such officer or employee within thirty calendar days prior to the date of expiration shown thereon, may be renewed by the endorsement [by the collector of customs] of such officer or employee for a period of one year from the date of expiration