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section to self-propelled vessels other than steam vessels; for example, diesel powered or motor vessels;

"vessels" has been substituted for "boat" in two places as consistent with the foregoing; and

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

SEC. 938. STATE INSPECTION LAWS.-[The collectors and other officers of the customs shall pay due] Due regard shall be paid to the inspection laws of the respective States [in which they may respectively act], in such manner that no vessel having on board goods liable to inspection shall be cleared until the master[,] or other proper person[,] shall have produced such certificate that all such goods have been duly inspected[] as the laws of the respective States may require to be produced to [collectors or other] officers of the customs.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 97 (R.S. § 4202; 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, 79 Stat. 1317). The references to "collectors" have been deleted 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. 939. CONVEYANCE OF BULLION, COIN, NOTES, OR BONDS for THE UNITED STATES.-All vessels belonging to citizens of the United States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the United States, shall, before clearance, or before departure if clearance is not required, receive on board all such bullion, coin, United States notes and bonds and other securities, as the Government of the United States or any department thereof, or any minister, consul, vice consul, or [commercial or] other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of destination; and shall receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 98 (R.S. § 4204; Apr. 5, 1906, c. 1366, § 3, 34 Stat. 100).

The words "or before departure if clearance is not required," have been inserted after "clearance," so as to equate "clearance" and "departure" and to make clear that the provisions of this section applicable to all "vessels belonging to citizens of the United States, and bound from any port in the United States to any other port therein, *** before clearance" are equally applicable to such vessels so bound although they may not be required to obtain a clearance. In this connection $4.81(a), Customs Regulations, 19 CFR § 4.81(a), provides:

"No vessel which is enrolled and licensed or licensed for the coastwise trade, registered, or owned by a citizen and exempt from documentation, and which is in ballast or laden only with domestic products of passengers being carried only between points in the United States shall be required * * * to obtain a clearance, permit to proceed, or permission to depart when going from one port in the United States to any other such port except when transporting merchandise to a port in contiguous territory."

In the latter event "permission to depart" is required (§ 4.84(e), Customs Regulations, 19 CFR § 4.84(c)).

The words "commercial or" are deleted in accordance with the act of Apr. 5, 1906, c. 1366, § 3, 34 Stat. 100, which abolished the grade of "commercial agent."

SEC. 940. CREW LIST.-Before a clearance is granted to any American vessel bound on a foreign voyage or engaged in the whale fishery, the master thereof shall deliver to the [collector of the customs] officer or employee designated by the Secretary a list containing the names, places of birth and residence, and description of the persons who compose his ship's company; to which list the oath [or affirmation] of the [captain] master shall be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain then; and the [collector] said officer or employee shall deliver him a certified copy thereof.

NOTE

This section is based on title 46, U.S.C.,1964 ed., § 674_(R.S. § 4573; 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(s)

"any vessel" have been changed to "any American vessel" consistent with sections 904 and 907 of this act, which, respectively, require the production of the (certified) crew list on entry of an American vessel, but explicitly excuse a foreign vessel from delivering it on entry. Entering foreign vessels, as explained in the penultimate paragraph of the note to section 907 of this act, are in fact required to furnish a list of the crew, but not the certified crew list referred to in this section and in sections 904, 907, and 941 through 943 of this act;

"officer or employee designated by the Secretary" and "said officer or employee" have been substituted, respectively, for "collector of the customs" and "collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs";

"or affirmation" are deleted following "oath" because "oath" is defined in section 101 of this act as including "affirmation"; and

"master" has been substituted for "captain" as required in the context of this act.

SEC. 941. CERTIFICATE TO LIST OF CREW; RECORD.-In all cases of private American vessels [of the United States] sailing from a port in the United States to a foreign port, the list of the crew shall be examined by the [collector for the district] officer or employee designated by the Secretary for that purpose at the port or place from which the vessel shall clear, and, if approved of by him, shall be certified accordingly. No person shall be admitted or employed on board of any such vessel unless his name shall have been entered in the list of the crew approved and certified [by the collector for the district from which the vessel shall clear] as aforesaid. The [collector] said officer or employee, before he delivers the list of the crew, approved and certified, to the master or other proper officer of the vessel to which [the same] it belongs, shall cause the same to be recorded in a book by him for that purpose to be provided, and the record shall be open for the inspection of all persons; and a certified copy thereof shall be admitted in evidence in any court in which any question may arise under any of the provisions of [this title] sections 940 through 943 of this act and title 53 of the Revised Statutes.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 675 (R.S. § 4574; 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 "American vessels" have been substituted for "vessels of the United States" in the introductory clause for the reasons stated in the first clause of the note to section 940 of this act.

The words "officer or employee designated by the Secretary for that purpose at the port or place" have been substituted for "collector for the district," and the words "said officer or employee" for "collector," in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]." Changes have been made in phaseology as required in the context of this act.

SEC. 942. RULES AS TO LIST OF CREW.-The following rules shall be observed with reference to American vessels bound on any foreign voyage:

[First.] (1) The duplicate list of the ship's company required to be made out by the master and delivered to the [collector of customs] officer or employee designated by the Secretary, [under section 4573] pursuance of section 940 of this Act, shall be a fair copy in one uniform handwriting without erasures or interlineations.

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[Second.] (2) It shall be the duty of the owners of every such vessel to obtain from the [collector of the customs of the district] officer or employee designated by the Secretary for that purpose at the port or place from which the clearance is made, a true and certified copy of the shipping articles containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations.

[Third.] (3) These documents, which shall be deemed to contain all the conditions of contract with the crew as to their service, pay, voyage, and all other things, shall be produced by the master, and laid before any consul of the United States, whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or assistance.

[Fourth.] (4) All interlineations, erasures or writing in a hand different from that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provisions of law which guard the rights of

mariners.

[Fifth.] (5) If any master of a vessel shall proceed on a foreign voyage without the documents herein required, or refuse to produce them when required, or to perform the duties imposed by this section, or shall violate the provisions thereof, he shall be liable to each and every individual injured thereby in damages, to be recovered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine of $100 for each offense.

[Sixth.] (6) It shall be the duty of the boarding officer to report all violations of this section to the [collector of] officer or employee designated by the Secretary for that purpose at the port or place where any vessel may arrive, and [the collector] such officer or employee shall report the same to the Secretary [of the Treasury] and to the United States attorney in his district.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 676 (R.S. § 4575; Feb. 27, 1877, c. 69, § 1, 19 Stat. 252; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Apr. 5, 1906, c. 1366, § 3, 34 Stat. 100; 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 É.R. 7035, 79 Stat. 1317).

The word "American" has been inserted before "vessels" in the introductory clause for the reasons stated in the first clause of the note to section 940 of this act. The words "officer or employee designated by the Secretary" or variations thereof have been substituted for "collector of the customs" and variations thereof in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs."

The words "of the Treasury" following "Secretary" in paragraph (6) have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasary" in section 101 of this act.

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

SEC. 943. PRODUCTION OF COPY OF LIST OF CREW AND OF PERSONS NAMED ON RETURN OF VESSEL.-(a) The master of every American vessel bound on a foreign voyage or engaged in the whale fishery shall exhibit the certified copy of the list of the crew to the first boardng officer at the first port in the United States at which he shall arrive on his return, and also produce the persons named therein to the boarding officer, whose duty it shall be to examine the men with such list and to report the same to the [collector] officer or employee designated by the Secretary for that purpose. [, and it shall be the duty of the collector at the port of arrival, where the same is different from the port from which the vessel originally sailed, to transmit a copy of the list so reported to him to the collector of the port from which such vessel originally sailed.]

(b) For each failure to produce any person on the certified copy of the list of the crew the master and owner shall be severally liable to a penalty of $400, to be sued for, prosecuted, and disposed of in such manner as penalties and forfeitures which may be incurred for offenses gainst the laws relating to the collection of duties; but such penalties shall not be incurred on account of the [master] master's not producng to the first boarding officer any of the persons contained in the list Tho may have been discharged in a foreign country with the consent of the consul or vice consul there residing, certified in writing, under is hand and official seal, to be produced to the [collector] officer or mployee designated by the Secretary for that purpose, with the other persons composing the crew; nor on account of any such [person] person's dying or absconding or being forcibly impressed into other service, of which satisfactory proof shall also be exhibited to the [collector] said officer or employee.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 677 (R.S. § 4576; Mar. 3, 97, c. 389, § 3, 29 Stat. 688; Apr. 5, 1906, c. 1366, § 3, 34 Stat. 100; 1950 Reganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280; 965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F. R. 7035, 79 Stat. 317).

The word "American" has been inserted before "vessel" in subsection (a) for the reasons stated in the first clause of the note to section 940 of this act.

The words "officer or employee designated by the Secretary for that purpose" or a variation thereof have been substituted for "collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]." The requirement that a copy of the crew list be transmitted by the port of arrival to the port from which the vessel originally sailed, if they are different, has been deleted as obsolete.

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

SEC. 944. Denial of CLEARANCE TO VESSEL REFUSING TO ACCEPT FREIGHT. The Secretary [of the Treasury] is authorized to refuse a clearance to any vessel [or other vehicle laden with merchandise destined for a foreign or domestic port whenever he shall have satisfactory reason to believe that the master, owner, or other officer of such vessel [or other vehicle] refuses or declines to accept or receive freight or cargo in good condition tendered for such port of destination or for some intermediate port of call, together with the proper freight or transportation charges therefor, by any citizen of the United States, unless the same is fully laden and has no space accommodations for the freight or cargo so tendered, due regard being had for the proper loading of such vessel [or vehicle], or unless such freight or cargo consists of merchandise for which such vessel [or vehicle] is not adaptable.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 834 (Sept. 7, 1916, c. 451, § 36, 39 Stat. 738).

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 several references to "vehicle" are omitted as referring to subject matter beyond the scope of this act.

SEC. 945. CLEARANCE OF PASSENGER VESSELS ARRIVING ON SUNDAYS, HOLIDAYS, OR AT NIGHT.-In order to expedite the dispatch of vessels carrying passengers operating on regular schedules and arriving at night or on a Sunday or a holiday at a port or place in the United States at which such vessel is required to obtain a clearance, the [collector of customs officer or employee designated by the Secretary for that purpose at such port or place, or [any deputy collector of customs designated by him] the designee of such officer or employee, if the vessel departs during the same night, Sunday, or [holidays] holiday on which it arrives, may [, under such regulations as may be prescribed jointly by the Secretary of the Treasury and the Secretary of the Treasury, receive the report of arrival and entry of such vessel from and give clearance for such vessel to the master or other proper officer thereof on board such vessel[:], [Provided, That] provided that bond, as prescribed in section 451 of the Tariff Act of 1930, as amended, is given to secure reimbursement to the Government for the compensation of, and expenses incurred by, such customs officers and employees in performing such services, who shall be entitled to rates of compensation fixed on the same basis and payable in the same manner and upon

the same terms and conditions as in the case of customs officers and employees assigned to lading or unlading at night or on Sunday or a holiday.

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