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contained herein shall be construed as exempting said vessels from any taxes or dues imposed by the government of the Philippine Islands.;
(8) Act June 5, 1920, § 30, Subsections A, W, 41 Stat. 1000, 1006 (46 U.S.C. 984, 983);
(9) Act Feb. 16, 1925, c. 235, § 5, 43 Stat. 948 (46 U.S.C. 1014); (10) Act July 3, 1926, c. 757, §§ 1, 2, 44 Stat. 832 (46 U.S.C. 293a, 293b);
(11) Act Aug. 5, 1935, c. 438, § 403, 49 Stat. 529 (19 U.S.C. 1711); and
(12) Pub. L. 89-219, Sept. 29, 1965, § 12, 79 Stat. 892 (46 U.S.C. 83h).
The text of the sections of the Revised Statutes, acts, and parts of acts repealed by this subsection without reenactment and the reasons therefore follow:
"(1) R.S. § 3118 (19 U.S.C. 286). The master of any vessel so enrolled or licensed shall, before departing from a port in one collection district to a place in another collection district, where there is no customhouse, file his manifest, and obtain a clearance in the same manner, and make oath to the manifest, which manifest and clearance shall be delivered to the proper officer of customs at the port at which the vessel next arrives after leaving the place of destination specified in the clearance."
This section is obsolete. It directs the master to "file his manifest, and obtain a clearance in the same manner" as is provided in R.S. §§ 3116 and 3117, repealed by act July 3, 1926, c. 757, § 3, 44 Stat. 832. R.S. §§ 3116 and 3117 are set out below for reference:
"SEC. 3116. The master of every vessel enrolled or licensed to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, except canal-boats employed in navigating the canals within the United States, shall, before the departure of his vessel from a port in one collection-district to a port in another collection-district, present to the collector at the port of departure duplicate manifests setting forth that fact; such manifests shall be subscribed and sworn to by the master before the collector, who shall indorse thereon his certificate of clearance, retaining one for the files of his office; the other he shall deliver for the use of the master.
SEC. 3117. If any vessel so enrolled or licensed shall touch at any intermediate port in the United States, and there discharge cargo taken on board at an American port, or at such intermediate ports shall take on board cargo destined for an American port, the master of such vessel shall not be required to report such lading or unlading at such intermediate ports, but shall enter the same on his manifest obtained at the original port of departure, which he shall deliver to the collector of the port at which the unlading of the cargo is completed, within twenty-four hours after arrival, and shall subscribe and make oath as to the truth and correctness of the same.'
R.S. §§ 3116, 3117, and 3118 are derived from act July 1, 1870, c. 185, § 1, 16 Stat. 176.
"(2) R.S. § 3119 (19 U.S.C. 287). Nothing contained in the three preceding sections shall exempt masters of vessels from reporting, as now required by law, any merchandise destined for any foreign port. No permit shall be required for the unlading of cargo brought from an American port.'
This section, also derived from act July 1, 1870, c. 185, § 1, 16 Stat. 177, is obsolete. The three preceding sections referred to therein are R.S. §§ 3116 and 3117, repealed by act July 3, 1926, c. 757, § 3, 44 Stat. 832, and R.S. § 3118 (19 U.S.C. 285), repealed without reenactment by the preceding paragraph of this subsection. The words "as now required by law" refer to the state of the law at the time of the enactment of the Revised Statutes of 1878.
"(3) R.S. § 3122 (19 U.S.C. 290). The master of any vessel so enrolled or licensed, destined with a cargo from a place in the United States, at which there may be no custom-house, to a port where there may be a custom-house, shall, within twenty-four hours after arrival at the port of destination, deliver to the proper officer of the customs a manifest, subscribed by him, setting forth the cargo laden at the place of departure, or laden or unladen at any intermediate port, or place, to the truth of which manifest he shall make oath before such
officer. If the vessel, however, have no cargo, the master shall not be required to deliver such manifest."
This section, derived from act July 1, 1870, c. 185, § 2, 16 Stat. 177, is complementary to R.S. § 3118 (19 U.S.C. 286), repealed without reenactment by paragraph (1) of this subsection, and, therefore, is also obsolete.
"(4) R.S. § 3124 (19 U.S.C. 291). The manifests, certificates of clearance, and oaths, provided for by the eight preceding sections, shall be in such form, and prepared, filled up, and executed in such manner as the Secretary of the Treasury may from time to time prescribe."
This section, derived from act July 1, 1870, c. 185, § 4, 16 Stat. 177, is obsolete. The "eight preceding sections" referred to are:
R.S. §§ 3116-3317, repealed by act July 3, 1926, c. 757, § 3, 44 Stat. 832; R.S. §3118, repealed without reenactment by paragraph (1) of this subsection;
R.S. $3119, repealed without reenactment by paragraph (2) of this subsection;
R.S. § 3120-3121, repealed by act Sept. 21, 1922, c. 356, § 642, 42 Stat. 1989;
R.S. § 3122, repealed without reenactment by paragraph (3) of this subsection; and
R.S. § 3123, repealed by act Sept. 21, 1922, c. 356, § 642, 42 Stat. 1989. "(5) R.S. §3125 (19 U.S.C. 292). If the master of any enrolled or licensed vessel shall neglect or fail to comply with any of the provisions or requirements of the nine preceding sections, such master shall forfeit and pay to the United States the sum of twenty dollars for each and every failure or neglect, and for which sum the vessel shall be liable, and may be summarily proceeded against, by way of libel, in any district court of the United States."
This section, derived from act July 1, 1870, c. 185, § 5, 16 Stat. 177, is obsolete. The "nine preceding sections referred to" are the eight sections enumerated in the preceding paragraph and R.S. § 3124 (19 U.S.C. 291), repealed without reenactment by the preceding paragraph.
"(6) R.S. § 4135. No vessel which has been recorded or registered as an American vessel of the United States, pursuant to law, and which was licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, except under provisions of law especially authorizing such registry."
This section is obsolete. R.S. §§ 4133-4135 are shown in table II of U.S.C.A., 1964 ed., as "Rep." Sections 4133 and 4134 were repealed by act Mar. 3, 1897, c. 389, § 16, 29 Stat. 691; however, no act repealing R.S. § 4135 has been found, and it is, therefore, deemed desirable to repeal R.S. § 4135 at this time.
"(7) R.S. § 4213; June 26, 1884, c. 121, § 13, 23 Stat. 56 (46 U.S.C. 101). SEC. 4213. It shall be the duty of all masters of vessels for whom any official services shall be performed by any consular officer, without the payment of a fee, to require a written statement of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the district in which such vessels shall first arrive on their return to the United States. And if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine of not exceeding fifty dollars, unless such master shall state under oath that no such statement was furnished him by said consular officer. And it shall be the duty of every collector to forward to the Secretary of the Treasury all such statements as shall have been furnished to him, and also a statement of all certified invoices which shall have come to his office, giving the dates of the certificates, and the names of the persons for whom and of the consular officer by whom the same was certified."
This section is obsolete for the reasons set forth in the note to section 1211 of this act.
"(8) R.S. § 4222 (46 U.S.C. 126). No consul or consular agent of the United States shall exact tonnage fees from any vessel of the United States, touching at or near ports in Canada, on her regular voyage from one port to another within the United States, unless such consul or consular agent shall perform some official services, required by law for such vessel, when she shall thus touch at a Canadian port."
This section has been superseded by act June 26, 1884, c. 121, § 12, 23 Stat. 56, 22 U.S.C. 1186 (sec. 1211 of this act), which provides that no fees named in the tariff of consular fees prescribed by order of the President shall be charged or collected by consular officers for their official services to American vessels and
"(9) R.S. § 4306 (46 U.S.C. 351). Every vessel of the United States, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector for the district where such vessel may be, with a passport, the form for which shall be prescribed by the Secretary of State. In order to be entitled to such passport, the master of every such vessel shall be bound, with sufficient sureties, to the Treasurer of the United States, in the penalty of two thousand dollars, conditioned that the passport shall not be applied to the use or protection of any other vessel than the one described in it; and that, in case of the loss or sale of any vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if the loss or sale take place within the United States; or within six months, if the same shall happen at any place nearer than the Cape of Good Hope; and within eighteen months, if at a more distant place.
"(10) R.S. § 4308 (46 U.S.C. 352). If any vessel of the United States shall depart therefrom, and shall be bound to any foreign country, other than to some port in America, without such passport, the master of such vessel shall be liable to a penalty of two hundred dollars for every such offense.
"(11) R.S. § 4308 (46 U.S.C. 353). Every unregistered vessel owned by a citizen of the United States, and sailing with a sea-letter, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector of the district where such vessel may be with a passport, for which the master shall be subject to the rules and conditions prescribed for vessels of the United States."
R.S. §§ 4306-4308 (formerly 46 U.S.C. 351-353) are omitted from U.S.C.A., 1964 ed., are obsolete. The reasons are fully set forth in the note to section 271 of this act.
"(12) R.S. § 4332; June 17, 1930, c. 497, § 523, 46 Stat. 740 (46 U.S.C. 274). Every surveyor who certifies a manifest, or grants any permit, or who receives any certified manifest, or any permit, as is provided for in this Title, shall make return thereof monthly, or sooner, if it can conveniently be made, to the collector of the district where such surveyor resides."
This section is obsolete. The offices of surveyor of customs (except at New York) were abolished by act July 5, 1932, c. 430, title I, § 1, 47 Stat. 584 (19 U.S.C. 5a) and the office of surveyor of customs at New York was abolished by 1965 Reorganization Plan No. 1, § 1, eff. May 25, 1965, 30 F. R. 7035, 79 Stat. 1317. The duties imposed by law and regulations upon surveyors, their assistants, and deputies (except at New York) were transferred to, imposed upon, and continued in positions on July 5, 1932, established in the Customs Service by or pursuant to law, as the Secretary of the Treasury by appropriate regulation shall specify, and he was authorized to designate the titles by which such positions should be officially known (act July 5, 1932, c. 430, title I, § 1, 47 Stat. 584; 19 U.S.C. 5a). 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, transferred to the Secretary the functions vested by statute in officers or employees of the Bureau of Customs as of that date, and section 2 of 1965 Reorganization Plan No. 1 transferred to the Secretary functions vested in such officers or employees since the effective date of 1950 Reorganization Plan No. 26 (for example, those of the surveyor at New York). The subject of this section, therefore, is a matter of internal management to be performed in such manner and by such officers or employees as the Secretary shall designate for the purpose, and the statutory directions no longer are necessary.
"(13) R.S. § 4348; May 12, 1906, c. 2453, §§1, 2, 34 Stat. 190; May 17, 1932, c. 190, 47 Stat. 158 (46 U.S.C. 293):
"SEC. 4348. The seacoasts and navigable rivers of the United States and Puerto Rico shall be divided into five great districts: The first to include all the collection districts on the seacoasts and navigable rivers between the northern boundary of the State of Maine and the southern boundary of the State of Texas; the second to consist of the island of Puerto Rico; the third to include the collection districts on the seacoasts and navigable rivers between the southern boundary of the State of California and the northern boundary of the State of Washington; the fourth to consist of the Territory of Alaska; the fifth to consist of the Territory of Hawaii. "SEC. 2. That this Act shall take effect on and after January first, nineteen hundred and seven. (May 12, 1906, c. 2453, §§ 1, 2, 34 Stat. 190)."
Act May 17, 1932, c. 190, 47 Stat. 158, while not specifically amendatory of R.S. § 4348, as amended, redesignated "Porto Rico" as "Puerto Rico" in all statutes of the United States.
This section is obsolete as a result of the repeal of related sections R.S. §§ 43494356, 4357, 4359, 4360 (as amended Feb. 18, 1875, c. 80, § 1, 18 Stat. 320), and act July 12, 1876, c. 185, 19 Stat. 90 (formerly 46 U.S.C. 294–305) establishing re
quirements concerning manifests and permits in the case of vessels licensed for carrying on the coasting trade and trading between different [great] districts, by act June 8, 1940, c. 284, 54 Stat. 254.
Regulations of the Bureau of Marine Inspection and Navigation, Department of Commerce, predecessor agency of the Bureau of Customs in administration of the navigation laws here involved, in force June 1, 1938 (46 CFR, 1939 ed., pt. 6, §§ 6.2-6.8), refer to "great districts" and implement R.S. §§ 4349-4356, 4357, 4359, and 4360, as amended, and act July 12, 1876, c. 185, 19 Stat. 90. BMIN Order No. 33, June 26, 1940, 5 F.R. 2410, giving effect to the repeal of the cited sections, revised the regulations, excepting §6.2, which designates the "great districts" in pursuance of R.S. §4348, to eliminate other references thereto in the revised coastwise procedure. See 46 CFR, 1940 Supplement, part 6, §§ 6.2-6.8, pages 4846-4848. The duties of the BMIN in connection with these matters were transferred to the Bureau of Customs by Ex. Ord. No. 9083, eff. Feb. 28, 1942, 7 F.R. 1609, and the transfer was made permanent by 1946 Reorganization Plan No. 3, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097. The Customs Regulations of 1943, with an extensive revision of the marine regulations theretofore administered by the BMIN, omit any reference to "great districts," and there is no subsequent reference thereto in the currently effective Customs Regulations.
"(14) R.S. §4358; Aug. 24, 1912, c. 387, § 1, 37 Stat. 512 (46 U.S.C. 306). The coasting trade between the territory ceded to the United States by the Emperor of Russia and any other portion of the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great districts.
Upon incorporation into the United States Code, the words "Territory of Alaska" were substituted for "territory ceded to the United States by the Emperor of Russia" in conformity with act Aug. 24, 1912, c. 387, §1, 37 Stat. 512.
The section is obsolete. The "provisions of law applicable to the coasting trade between any two great districts" found in R.S. §§ 4349-4356, 4357, 4359, and 4360, as amended, and act July 12, 1876, c. 185, 19 Stat. 90 (formerly 46 U.S.C. 294-305) were repealed by act June 8, 1940, c. 284, 54 Stat. 254.
"(15) R.S. § 4362 (46 U.S.C. 308). The collector of the district of Philadelphia may grant permits for the transportation of merchandise of foreign growth or manufacture across the State of New Jersey to the district of New York, or across the State of Delaware to any district in the State of Maryland, or Virginia; and the collector of the district of New York may grant like permits for transportation across the State of New Jersey; and the collector of any district of Maryland or Virginia may grant like permits for transportation across the State of Delaware to the district of Philadelphia. Every such permit shall express the name of the owner, or person sending the merchandise, and of the person to whom the merchandise is consigned, with the marks, numbers, and description of the packages, whether bale, box, chest, or otherwise, and the kind of goods contained therein, and the date when granted; and the owner, or person sending such goods, shall swear that they were legally imported, and the duties paid. Where the merchandise, to be so transported, shall be of less value than eight hundred dollars, the permit shall not be deemed necessary.
"(16) R.S. § 4363 (46 U.S.C. 309). The owner or consignee of all merchandise transported under the provisions of the preceding section and for the transportation whereof a permit is necessary, shall, within twenty-four hours after the arrival thereof at the place to which such merchandise was permitted to be transported, report the same to the collector of the district where it has arrived, and shall deliver up the permit accompanying the same; and if the owner or consignee shall neglect or refuse to make due entry of such merchandise within the time and in the manner directed, all such merchandise shall be subject to forfeiture; and if the permit granted shall not be given up within the time limited for making the report, the person to whom it was granted, neglecting or refusing to deliver it up, shall be liable to a penalty of fifty dollars for every twenty-four hours it shall be withheld afterward."
R.S. §§ 4362 and 4363 are obsolete by reason of desuetude. No reference to their implementation appears in the Customs Regulations from 1874 to the present time, and while they were included in successive editions of "Navigation Laws of the United States" from 1899 to 1935 as in force, they are omitted from the 1940 edition of that publication.
“(17) R.S. § 4366 (46 U.S.C. 312). The master of every vessel employed in the transportation of merchandise from district to district, that shall put into a port other than the one to which she was bound, shall, within twenty-four hours of his arrival, if there be an officer residing at such port, and she continue there so long, make report of his arrival to such officer, with the name of the place he came
from, and to which he is bound, with an account of his lading; and every master who neglects or refuses so to do shall be liable to a penalty of twenty dollars." This section is obsolete.
Section 6.8 of the Regulations of the Bureau of Marine Inspection and Navigation in force June 1, 1938 (46 CFR, 1939 ed., pt. 6, § 6.8), paraphrased R.S. § 4366 as follows:
"Whenever a vessel which is required to enter and clear in the coastwise trade shall put into a port other than the one to which she is bound, the master must, if she remain 24 hours, report his arrival, the place when he came, and whither he is bound, with an account of the lading on board his vessel."
Before June 26, 1940, all registered vessels moving coastwise and all licensed vessels proceeding between ports in different great districts were required by section 6.3 of the BMIN Regulations to be entered and cleared. Order 33 of the BMIN, June 26, 1940, 5 F.R. 2410 (46 CFR, 1940 Supp., pt 6), reflected the repeal of R.S. §§ 4349-4357, 4357-4359, and 4360, as amended, and act July 12, 1876, c. 185, 19 Stat. 90 (former 46 U.S.C. 294-305) by act June 8, 1940, c. 284, 54 Stat. 254. The repealed sections related to vessel movements between districts and between great districts, and Order 33 amended section 6.8, renumbered as section 6.9, to read as follows:
"Whenever a vessel which is required by § 6.3 to obtain a permit to proceed coastwise shall put into a port other than the one to which she is bound, the master must, if she remains 24 hours, report to the collector his arrival, the place whence he came, and whither he is bound, with an account of the lading on board his vessel."
Section 6.3, as amended by Order 33, required permits to proceed of all vessels arriving in the United States having on board merchandise from a foreign port or place and proceeding from port to port. It appears, therefore, that the act of June 8, 1940, removed the statutory basis for requiring entry or clearance of an American vessel to the extent that she was being solely "employed in the transportation of merchandise from district to district." Since such a vessel was no longer required to enter or clear when proceeding from port to port, no port was legally fixed "to which she was bound," and hence her putting into "a port other than the one to which she was bound" could no longer be established. § 4366 was thereby rendered obsolete.
This conclusion is confirmed by section 4.81, Customs Regulations (19 CFR 4.81), presently in effect, which provides that 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 or passengers being carried only between points in the United States, is required to report arrival or to enter when coming into one port of the United States from any other such port. If the vessel is carrying bonded merchandise, however, it must report arrival, but the reporting requirement is established by 19 U.S.C. 1433, section 900 of this act.
R.S. § 4366 appears always to have been inapplicable to foreign vessels, as foreign vessels may not "transport merchandise from district to district" (act June 5, 1920, c. 250, § 27, 41 Stat. 998, 46 U.S.C. 883, sec. 506 of this act; and predecessor statutes). For reporting requirements applicable to foreign vessels, see 19 U.S.C. 1433, section 901 of this act; R.S. §§ 4367-4368, 46 U.S.C. 313-314, sections 927-928 of this act.
"(18) R.S. § 4372 (46 U.S.C. 318). 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 the preceding section shall not be incurred, nor shall the vessel be liable to pay the fees and tonnage therein required."
This section is obsolete as referable to a statute which has been repealed. The "preceding section" referred to therein, R.S. § 4371, was repealed by act Feb. 28, 1933, c. 131, § 1, 47 Stat. 1349. Note also the last sentence of act June 19, 1886, c. 421, § 7, 24 Stat. 81, as amended, 46 U.S.C. 319, section 247 of this act: "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.' Act June 19, 1886, c. 421, § 7, 24 Stat. 81, is the successor to R.S. 4371, which related to fees and forfeitures for trading without enrollment or license.
"(19) R.S. § 4383; June 17, 1930, c. 497, title IV, §§ 523, 651(a)(1), 46 Stat. 740, 762; Aug. 8, 1953, c. 397, § 2(d), 67 Stat. 508 (46 U.S.C. 333). Every col