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(d) Such [indorsement] endorsement shall be made [(1)] by the [collector of customs of officer or employee designated by the Secretary for that purpose at the port of documentation of the mortgaged vessel, or [(2)] by the [collector of customs of] officer or employee so designated at any port in which the vessel is found, if such [collector] officer or employee is directed to make the [indorsement] endorsement by the [collector of customs of] officer or employee at the port of documentation; and no clearance shall be issued to the vessel until such [indorsement] endorsement is made. The [collector of customs of officer or employee at the port of documentation shall give such direction by wire or letter at the request of the mortgagee and upon the tender of the cost of communication of such direction. Whenever any new document is issued for the vessel, such [indorsement] endorsement shall be transferred to and [indorsed] endorsed upon the new document by the [collector of customs] officer or employee designated by the Secretary to issue the same.

(e) A mortgage which includes property other than a vessel shall not be held a preferred mortgage unless the mortgage provides for the separate discharge of such property by the payment of a specified portion of the mortgage indebtedness. If a preferred mortgage so provides for the separate discharge, the amount of the portion of such payment shall be [indorsed] endorsed upon the documents of the vessel.

(f) If a preferred mortgage includes more than one vessel and provides for the separate discharge of each vessel by the payment of a portion of the mortgage indebtedness, the amount of such portion of such payment shall be [indorsed] endorsed upon the documents of the vessel. In case such mortgage does not provide for the separate discharge of a vessel and the vessel is to be sold upon the order of a district court of the United States in a suit in rem in admiralty, the court shall determine the portion of the mortgage indebtedness increased by 20 per centum (1) which, in the opinion of the court, the approximate value of the vessel bears to the approximate value of all the vessels covered by the mortgage, and (2) upon the payment of which the vessel shall be discharged from the mortgage.

(g) A preferred mortgage may bear such rate of interest as is agreed by the parties thereto.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§922, 926(d) (June 5, 1920, c. 250, §30, subsecs. D, H, 41 Stat. 1000, 1002, June 27, 1935, c. 319, 49 Stat. 424; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; Sept. 26, 1961, Public Law 87-303, §1(a) (b), 75 Stat. 661; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965; 30 F.R. 7035, 79 Stat. 1317).

The sentence "With respect to any mortgage in existence on September 26, 1961, *** two hundred gross tons." has been inserted following paragraph (5) of subsection (2) of this section to give effect to §1(b) of Public Law 87-303, Sept. 26, 1961, 75 Stat. 661.

Reference to the Reconstruction Finance Corporation in paragraph (5) of subsection (a) has been deleted because the RFC was abolished by §6(a) of 1957 Reorganization Plan No. 1. Outstanding rights are preserved by the saving clause, section 109 of this act.

The words "officer or employee designated by the Secretary for that purpose" or variations of such words have been substituted for "collector of customs" and "collector" in subsection (d) in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs."

Subsection (g) of this section is paragraph (d) of subsection H of §30 of the act of June 5, 1920, c. 250, 41 Stat. 1002 (46 U.S.C. 926 (d)).

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

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SEC. 307. CERTIFIED COPIES OF MORTGAGE; EXHIBITION.-The [collector of customs] officer or employee designated by the Secretary for that purpose, upon the recording of a preferred mortgage, shall deliver two certified copies thereof to the mortgagor, who shall place, and use due diligence to retain, one copy on board the mortgaged vessel and cause such copy and the documents of the vessel to be exhibited by the master to any person having business with the vessel [] which may give rise to a maritime lien upon the vessel or to the sale, conveyance, or mortgage thereof. The master of the vessel shall, upon the request of any such person, exhibit to him the documents of the vessel and the copy of any preferred mortgage of the vessel placed on board thereof.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §923 (June 5, 1920, c. 250, $30, subsec. E, 41 Stat. 1001; 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 of customs" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs."

SEC. 308. PRIOR AND SUBSEQUENT MARITIME LIENS ON MORTGAGED VESSEL.-The mortgagor (1) shall, upon request of the mortgagee, disclose in writing to him prior to the execution of any preferred mortgage, the existence of any maritime lien, prior mortgage, or other obligation or liability upon the vessel to be mortgaged, that is known to the mortgagor, and (2), without the consent of the mortgagee, shall not incur, after the execution of such mortgage and before the mortgagee has had a reasonable time in which to record the mortgage and have [indorsements] endorsements in respect thereto made upon the documents of the vessel, any contractual obligation creating a lien upon the vessel other than a lien for wages of stevedores when employed directly by the owner, operator, master, ship's husband, or agent of the vessel, for wages of the crew of the vessel, for general average, or for salvage, including contract salvage, in respect to the vessel.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 924 (June 5, 1920, c. 250, § 30, subsec. F, 41 Stat. 1002). A change has been made in phraseology as required in the context of this act.

SEC. 309. RECORD OF NOTICE OF CLAIM OF LIEN ON MORTGAGED VESSEL; DISCHARGE OF LIEN. (a) The [collector of customs of] officer or employee designated by the Secretary for that purpose at the port of documentation shall, upon the request of any person, record notice of his claim of a lien upon a vessel covered by a preferred mortgage, together with the nature, date of creation, and amount of the lien, and the name and address of the person. Any person who has caused notice of his claim of lien to be so recorded shall, upon a discharge in whole or in part of the indebtedness, forthwith file with the [collector of customs officer or employee designated by the Secretary for that pur

pose a certificate of such discharge, and [the collector of customs] such officer or employee shall thereupon record the certificate.

(b) The mortgagor, upon a discharge in whole or in part of the mortgage indebtedness, shall forthwith file with the [collector of customs for] officer or employee designated by the Secretary for that purpose at the port of documentation of the vessel, a certificate of such discharge. Such [collector of customs officer or employee shall thereupon record the certificate. In case of a vessel covered by a preferred mortgage, the [collector of customs officer or employer designated by the Secretary for that purpose at the port of documentation shall (1) [indorse] endorse upon the documents of the vessel, or direct the [collector of customs] officer or employee designated by the Secretary for that purpose at any port in which the vessel is found, to so [indorse,] endorse, the fact of such discharge, and (2) [shall] deny clearance to the vessel until such [indorsement] endorsement is made.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 925 (June 5, 1920, c. 250, $30, subsec. G, 41 Stat. 1002; 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 "officer or employee" have been substituted for "collector of customs" in several instances 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. 310. CONDITIONS REQUISITE TO RECORD.-(a) No bill of sale, conveyance, [or] mortgage, hypothecation, or assignment of mortgage shall be recorded unless it states the interest of the grantor [or], mortgagor, or pledgor in the vessel or of the assignor in the mortgage, and the interest so sold, conveyed, [or] mortgaged, pledged, or assigned.

(b) No bill of sale, conveyance, mortgage, hypothecation, assignment of mortgage, notice of claim of lien, or certificate of discharge thereof, shall be recorded unless previously acknowledged before a notary public or other officer authorized by a law of the United States, or of a State, [Territory] territory, District, or possession thereof, or of the Commonwealth of Puerto Rico, to take acknowledgment of deeds.

(c) In case of a change in the port of documentation of a vessel of the United States, no bill of sale, conveyance, [or] mortgage, hypothecation, or assignment of mortgage shall be recorded at the new port of documentation unless there is furnished to the [collector of customs of officer or employee designated by the Secretary at such port, together with the copy of the bill of sale, conveyance, [or] mortgage, hypothecation, or assignment of mortgage to be recorded, a certified copy of the record of the vessel at the former port of documentation furnished by the [collector of] officer or employee designated by the Secretary for that purpose at such port. The [collector of customs] officer or employee so designated at the new port of documentation is authorized and directed to record such certified copy.

[(d) A preferred mortgage may bear such rate of interest as is agreed by the parties thereto.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 926 (June 5, 1920, c. 250, § 30, subsec. H, 41 Stat. 1002; 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).

Changes have been made in phraseology in subsections (a) and (c) in order that the language used may be consistent with that in sections 302 and 303 of this act.

The words "or of the Commonwealth of Puerto Rico" are included in subsection (b) of this section to reflect the current 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 USC 731b-e, 737).

The word "territory" has been substituted for "Territory" in subsection (b) because, with the admission of Alaska and Hawaii as States, there are no more incorporated Territories to which the term "Territory" is applicable.

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

Subsection (d) has been omitted as covered by subsection (g) of section 306 of this act.

SEC. 311. INSPECTION OF AND COPIES FROM RECORDS.-Each [collector of customs] officer or employee designated by the Secretary to maintain records made under the provisions of this chapter shall permit such records [made under the provisions of this section] to be inspected during office hours[] under such reasonable regulations as [the collector] he may establish. Upon the request of any person [the collector of customs] such officer or employee shall furnish him from the records of [the collector's] his office (1) a certificate setting forth the names of the owners of any vessel, the interest held by each owner, and the material facts as to any bill of sale or conveyance of, any mortgage or hypothecation covering, or any lien or other encumbrance upon, a specified vessel, (2) a certified copy of any bill of sale, conveyance, mortgage, hypothecation, assignment of mortgage, notice of claim of lien, or certificate of discharge in respect to such vessel, or (3) a certified copy as required by [subdivision (c) of subsection H] subsection (c) of section 310 of this Act. [The collector of customs shall collect a fee for any bill of sale, conveyance, or mortgage recorded, or any certificate or certified copy furnished by him, in the amount of 20 cents a folio with a minimum charge of $1. All such fees shall be covered into the Treasury of the United States as miscellaneous receipts.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 927 (June 5, 1920, c. 250, § 30, subsec. I, 41 Stat. 1002; 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 to maintain records made under the provisions of this chapter" or variations thereof have been substituted for "collector of customs" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs."

Changes have been made in phraseology in order that the language used in this section may be consistent with that used in sections 302, 303, and 310 of this act, and other changes in phraseology have been made as required in the context of this act.

The last two sentences have been omitted as covered by section 1205 of this act.

SEC. 312. UNLAWFUL ACTS BY MORTGAGOR; PENALTY; LIABILITY OF MORTGAGOR FOR FAILURE TO COMPLY WITH LAW; LIABILITY OF OFFICERS OR EMPLOYEES FOR FAILURE TO PERFORM DUTIES PROPERLY. [b] (a) A mortgagor who, with intent to defraud, violates any provision of [subsection F] section 308 of this Act, and if the mortgagor is a corporation or association, the president or other principal executive officer of the corporation or association, shall upon conviction thereof be [held guilty of a misdemeanor and shall be] fined not more than $1,000 or imprisoned not more than two years, or both. The mortgage indebtedness shall thereupon become immediately due and payable at the election of the mortgagee.

[c] (b) If any person enters into any contract secured by, or upon the credit of, a vessel of the United States covered by a preferred mortgage, and suffers pecuniary loss by reason of the failure of [the collector of customs] an officer or employee designated by the Secretary to execute any of the provisions of this chapter, [or any officer, employee, or agent thereof] or of the agent of such officer or employee, properly to perform any duty required of [the collector] such officer or employee under the provisions of this [section] chapter, the [collector of customs] officer or employee so designated shall be liable to such person for damages in the amount of such loss. If any such person is caused any such loss by reason of the failure of the mortgagor, or master of the mortgaged vessel, or any officer, employee, or agent thereof, to comply with any provision of [subsection E or F] section 307 or 308 of this Act, or to file an affidavit as required by [subdivision (a) of subsection D] subsection (a) of section 306 of this Act, correct in each particular thereof, the mortgagor shall be liable to such person for damages in the amount of such loss. The district courts of the United States are given jurisdiction (but not to the exclusion of the courts of the several States, [Territories] territories, Districts, [or] possessions, or the Commonwealth of Puerto Rico) of suits for the recovery of such damages, irrespective of the amount involved in the suit or the citizenship of the parties thereto. Such suit shall be begun by personal service upon the defendant within the limits of the judicial district. Upon judgment for the plaintiff in any such suit, the court shall include in the judgment an additional amount for costs of the action and a reasonable counsel's fee, to be fixed by the court.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 941 (June 5, 1920, c. 250, §30, subsec. J, 41 Stat. 1003; 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).

Former subsection (a) of this section, which reads, giving effect to 1946 Reorganization Plan No. 3 and 1950 Reorganization Plan No. 26: "(a) If the master of the vessel willfully fails to exhibit the documents of the vessel or the copy of any preferred mortgage thereof, as required by subsection E, the Secretary of the Treasury may suspend or cancel such license." is recommended for inclusion in the consolidation of the laws administered by the U.S. Coast Guard presently under preparation by that agency.

The former subsections (b) and (c) have been relettered to give effect to the omission of subsection (a).

The words:

"held guilty of a misdemeanor and shall" in subsection (a) have been deleted as inconsistent with § 1 of title 18, United States Code, enacted into positive law by act June 25, 1948, c. 645, 62 Stat. 683, which defines a "mis

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