shown on the license, if there be on file in [the] his office [of the collector] at that time a copy of the certificate of inspection required by [Title LII of the Revised Statutes] law [] which is in force on the date renewal is made.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §496 (R.S. §4498; Mar. 3, 1905, c. 1457, §9, 33 Stat. 1032; Mar. 4, 1915, c. 184, 85, 38 Stat. 1218; June 2, 1939, c. 168, 53 Stat. 798, 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 "enrollment and license" have been inserted after "enrollment" in the introductory clause for the reason stated in the last paragraph of the note to section 235 of this act.

The words "officer or employee designated by the Secretary for that purpose" or variations thereof have been substituted for "collector or other chief officer of customs" or "collector of customs" in accordance with 1965 Reoganization Plan No. 1, which abolished the office of "collector of customs."

The word "law" has been substituted in several places for "this Title" and also for "Title LII of the Revised Statutes." The inspection statutes derived from title 52 of the Revised Statutes are administered by the United States Coast Guard and will be included in the revision of the laws administered by it which it now has under preparation. If the Customs and Coast Guard revisions are consolidated in one Act, it may be appropriate to substitute a more definite reference for "law" in the final draft.

SEC. 254. VESSELS EXEMPT FROM DOCUMENTATION. [The provisions of title 50 of the Revised Statutes of the United States shall not be so construed as to require the payment of any fee or charge for the enrolling or licensing of vessels, built in the United States and owned by citizens thereof not propelled by sail or by internal motive power of their own, and not in any case carrying passengers, whether navigating the internal waters of a State or the navigable waters of the United States, and not engaged in trade with contiguous foreign territory, nor shall this or any existing law be construed to require the enrolling, registering, or licensing of] Registry, enrollment, enrollment and licensing, or licensing shall not be required of:

(1) [any] Any [flat boat] flatboat, barge, or like craft for the carriage of freight, not self-propelled, [by sail or by internal motive power of its own, on the rivers or lakes of the United States[-];

(2) [Nothing in this title shall be construed to extend to any] Any boat or lighter not [being masted] self-propelled, or [if masted and] not decked, employed in the harbor of any town or city [.];

(3) [The Act to which this is a supplement shall not be so construed as to extend the provisions of the said Act to canal] Canal boats or boats employed on the internal waters or canals of any States[;], [and all such boats,] excepting only such as are provided with [sails or propelling machinery of their own] means of self-propulsion adapted to lake or [coastwise] coastal navigation, and excepting such as are employed in trade with [the Canadas] Canada[]. [shall be exempt from the provisions of the said act, and from the payment of all customs and other fees under any act of Congress.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 332, 335, 336 (June 30, 1879, c. 54, 21 Stat. 44; R.S. § 4385; Apr. 18, 1874, c. 110, 18 Stat. 31).

71-032-67-5

This section consolidates part of act Jun 30, 1879, c. 54, 21 Stat. 44 (46 U.S.C. 332); R.S. § 4385 (46 U.S.C. 335); and act Apr. 18, 1874, c. 110, 18 Stat. 31 (46 U.S.C. 336).

The introductory line and paragraph (1) are based on that part of act June 30, 1879, c. 64, which stated "nor shall this or any existing law be construed to require the enrolling, registering, or licensing of any flat boat, barge, or like craft for the carriage of freight, not propelled by sail or by internal motive power of its own, on the rivers of the United States." The words "enrollment and licensing" have been inserted after "enrollment" for the reason stated in the last paragraph of the note to section 235 of this act. The words "not selfpropelled" have been substituted for "not propelled by sail or by internal motive power of its own" in paragraph (1) in conformity with section 242 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

The remainder of the act June 30, 1879, c. 54, which reads "The provisions of title 50 of the Revised Statutes of the United States shall not be so construed as to require the payment of any fee or charge for the enrolling or licensing of vessels, built in the United States and owned by citizens thereof not propelled by sail or by internal motive power of their own, and not in any case carrying passengers, whether navigating the internal waters of a State or the navigable waters of the United States, and not engaged in trade with contiguous foreign territory," has been deleted as superseded by act June 19, 1886, c. 421, § 1, 24 Stat. 79, as amended, 46 U.S.C. 331 (sec. 1206 of this act), which in part provides that no fees shall be charged or collected for the following services to vessels of the United States: "issuing of license or granting of certificate of registry, record, or enrollment, including all endorsements on the same and oath."

Paragraph (2) is based on R.S. § 4385 (46 U.S.C. 335). The word "title" used therein, now deleted, referred to title L of the Revised Statutes (R.S. §§ 4311-4390), providing generally for the documentation of vessels. The words "self-propelled" have been substituted for "being masted" following "not" consistent with longstanding administrative interpretation by the Bureau of Customs which regards the word "masted" in this context as equivalent to “rigged." See also section 242 of this act and the penultimate paragraph of the note thereto. The words "if masted and" following "or" have been deleted as surplusage.

Paragraph (3) is based on act Apr. 18, 1874, c. 110, 18 Stat. 31 (46 U.S.C. 336). The words "The act" and "said act" in the introductory clause "The act of which this is a supplement shall not be so construed as to extend the provisions of the said act to,' now deleted, referred to the act of Feb. 18, 1793, 1 Stat. 304, repealed by R.S. § 5596. The provisions of the 1793 act, however, were incorporated in R.S. §§ 4311-4385, providing generally for the documentation of vessels. The exemption of the vessels referred to in this paragraph "from the payment of all customs and other fees under any act of Congress" is preserved in section 1208 of this act.

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

SEC. 255. DOCUMENTATION OF VESSELS OWNED BY CORPORATIONS; DOCUMENTATION ANEW ON DEATH OF PRESIDENT OF SECRETARY.Registers, enrollments, enrollments and licenses, and licenses for vessels owned by any [incorporated company] corporation may be issued in the name of the president or secretary of such [company] corporation; and, unless otherwise provided by law, such [register] registers, enrollments, enrollments and licenses, or licenses shall not be vacated or affected by sales of any shares of stock in such [company] corporation. Upon the death, removal, or resignation of such president or secretary of any [incorporated company] corporation owning any [steamboat or] vessel, a new register, enrolment, enrollment and license, or license shall be taken out for such steamboat or] vessel.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 15, 16, 253, 255 (R.S. §§ 4137, 4138, 4313, 4315; Feb. 27, 1877, c. 69, § 1, 19 Stat. 251).

The first sentence of this section consolidates R.S. § 4137 (46 U.S.C. 15), relating to registers, and R.S. § 4313 (46 U.S.C. 253), relating to enrollments and

licenses. The second sentence consolidates R.S. § 4138 (46 U.S.C. 16), referable to R.S. § 4137, relating to registers, and R.S. § 4315, as amended (46 U.S.C. 255) referable to R.S. § 4313, realting to enrollments and licenses.

The words "enrollments, enrollments and licenses, and licenses" following "registers" are inserted in two places in the first sentence, and the words "enrollment, enrollment and license, or license" following "register" in the second sentence, for the reason stated in the last paragraph of the note to section 235 of this act.

The words ", unless otherwise provided by law," have been inserted after "and" in the second clause of the first sentence consistent with subsections (b) and (c) of section 506 of this act and act Sept. 7, 1916, c. 451, § 2, 39 Stat. 729; July 15, 1918, c. 152, § 2, 40 Stat. 900; June 5, 1920, c. 250, § 38, 41 Stat. 1008; Sept. 21, 1959, Public Law 86-327, § 3, 73 Stat. 597 (46 U.S.C. 802).

The former provides that a vessel owned by a corporation may not engage in the coastwise trade unless 75 percent of its stock is owned by citizens of the United States; that latter provides that for purposes of the Shipping Act of 1916, a corporation shall not be deemed a citizen of the United States unless a "controlling interest," that is, a majority of its stock is owned by citizens of the United States. In given circumstances, therefore, the sales of shares of stock to aliens may cause vessel documents "to be vacated or affected."

The Shipping Act of 1916, including the section codified as 46 U.S.C. 802, referred to above, is included in the revision of the shipping laws administered by the Department of Commerce prepared by Pike & Fischer, Inc. If the Customs and Pike & Fischer revisions are consolidated in one bill, it may be desirable to substitute in the final draft a more definite reference to the statutes excepted for the word "law" as used here.

The words "steamboat or" preceding "vessel" in two places in the second sentence have been deleted as surplusage because of the definition of vessel in section 101 of this act.

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

SEC. 256. OATH BY CORPORATE OFFICER OR AGENT OF OWNER As REQUISITE TO DOCUMENTATION.-Previous to the granting of a register, enrollment, enrollment and license, or license for any vessel owned by any [incorporated company] corporation, or by an individual or individuals, the president or secretary of such [company] corporation, or any other officer or agent thereof [,] duly authorized by said [company] corporation in writing, attested by the corporate seal thereof, to act for the [company] corporation in this behalf, or the managing owner, or his agent duly authorized by power of attorney, when such vessel is owned by an individual or individuals, shall swear to the ownership of the vessel without designating the names of the persons composing the [company] corporation [,] when such vessel is owned by a corporation, and the oath of either of said officers, owner, or [agents] agent shall be deemed sufficient without requiring the oath of any other person interested and concerned in such vessel.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 20, 254 (R.S. §§ 4139, 4314, June 24, 1902, c. 1155, §§ 1, 2, 32 Stat. 398, 399).

This section consolidates R.S. § 4139, as amended (46 U.S.C. 20), relating to registers, and R.S. § 4314 (46 U.S.C. 254), relating to enrollments and licenses. The words "enrollment, enrollment and license, or license" follow "register" 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. 257. DOCUMENTATION ANEW ON SALE UNDER LEGAL PROCESS.-Whenever it appears [,] to the Secretary by satisfactory proof, to the Secretary of the Treasury] that any vessel has been sold and

transferred by process of law, and that the [register] certificate of registry, enrollment, or enrollment and license, or license of such vessel is retained by the former owner, the Secretary may direct the [collector of officer or employee designated by the Secretary for that purpose in the district [to which such vessel may belong] comprehending the vessel's home port to grant a new register, enrollment, enrollment and license, or license, under such sale, on the [owners] owner's complying with such terms and conditions as are by law required for granting such papers[;], excepting only the delivering up of the former certificate of registry, enrollment, or enrollment and license, or license. 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.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 34, 271 (R.S. §§ 4164, 4329; 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 consolidates R.S. § 4164, as amended (46 U.S.C. 34), relating to registered vessels, and R.S. § 4329, as amended (46 U.S.C. 271), relating to enrolled or licensed vessels.

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.

Reference to "enrollment, or enrollment and license, or license" have been inserted in three places following "registry" or "register" for the reason stated in the last paragraph of the note to section 235 of this act.

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

The words "comprehending the vessel's home port" have been substituted for "to which such vessel may belong" consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

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

SEC. 258. BLANK DOCUMENTS TO BE FURNISHED BY SECRETARY; How ISSUED. [It shall be the duty of the] The Secretary [of the Treasury to cause to be provided] shall furnish blank certificates of registry, enrollment, and enrollment and license, or licenses, [and such other papers as may be necessary,] in such form as provides for the making of all endorsements thereon required by chapter 3 of this Act and by the Ship Mortgage Act, 1920, 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.] [The Secretary of the Treasury shall cause to be transmitted, from time to time, to the collectors of the several districts, a sufficient number of forms of the certificates of registry, attested under the seal of the Treasury Department and the hand of the Secretary of the Treasury, and with proper blanks] to be filled by the [collectors, respectively, officers and employees designated by him for that purpose, by whom [also the] these [forms] certificates or licenses shall be signed and sealed before they are issued. [A copy of each certificate issued shall be transmitted to the Secretary of the Treasury, who shall cause a record to be kept of the same.]

[The Secretary of the Treasury is authorized and directed to furnish collectors of customs with all necessary books and records, and with certificates of registry and of enrollment and license in such form as provides for the making of all indorsements thereon required by this section.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 27, 28, 982 (R.S. §§ 4157, 4158; July 5, 1884, c. 221, § 2, 23 Stat. 119; Feb. 14, 1903, c. 552, §§ 4, 10, 32 Stat. 826, 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 5, 1920, c. 250, § 30, subsec. V, 41 Stat. 1006; June 17, 1930, c. 497, title IV, § 523, 46 Stat. 740; June 30, 1932, e. 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).

This section consolidates R.S. § 4157, as amended (46 U.S.C. 27), the first paragraph of the comparative print; R.S. § 4158, as amended (46 U.S.C. 28), the second paragraph; and act June 5, 1920, c. 250, § 30, subsection V, 41 Stat. 1006 (46 U.S.C. 982), the third paragraph, with changes in arrangement and phraseology required to effect the consolidation and necessary in the context of this act. The words "of the Treasury" following "Secretary" in the introductory clause have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The use of "registry, enrollment, and enrollment and license, and licenses" following "blank certificates of" in the introductory clause is for the reason stated in the last paragraph of the note to section 236 of this act.

The words "and such other papers as may be necessary" in R.S. § 4157, as amended, and “all necessary books and records" in act June 5, 1920, c. 250, § 30, subsection V, 41 Stat. 1006, have been deleted as unnecessary, as they relate to ministerial functions of the Secretary required as part of the internal management of his Department.

The sentence "No certificate of registry shall be issued, except such as shall have been so provided and marked." at the end of the first paragraph has been omitted as made unnecessary by the force of the wording of this section.

The words "attested under the seal of the Treasury Department and the hand of the Secretary of the Treasury" in R.S. § 4158, as amended, have been deleted consistent with T.D. 53243, approved April 21, 1953, which delegated to the collectors of customs exclusively the function of signing and sealing all marine documents.

The sentence "A copy of each certificate issued shall be transmitted to the Secretary of the Treasury, who shall cause a record to be kept of the same." at the end of the second paragraph has been omitted as covered by the second sentence of section 259 of this act.

SEC. 259. DOCUMENTS TO BE NUMBERED AND RECORDED BY ISSUING OFFICER OR EMPLOYEE; COPY TO BE FURNISHED SECRETARY. [The collector of each district] Each officer or employee designated by the Secretary for that purpose shall progressively number the certificates of registry, enrollment, and enrollment and license, and the licenses by him granted, beginning anew at the commencement of each year, and shall enter an exact copy of each such certificate or license in a book to be kept for that purpose[,]. [and shall, once] Once in three months he shall transmit to the Secretary [of the Treasury] copies of all [the] such certificates [of registry] and licenses which shall have been granted by him, including the number of each]. He shall at the same time transmit to the Secretary all certificates of registry, enrollment, and enrollment and license, and all licenses, which shall have been given up or returned to him.