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and seal, at (naming the said port), this (inserting the particular day), day of (naming the month), in the year (specifying the number of the year, in words, at length).”

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 25 (R.S. § 4155; Jan. 16, 1895, c. 24, § 1, 28 Stat. 624; 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 the district" in accordance with 1965 Reorg. Plan No. 1, which abolished the office of "collector [of customs.]"

The words "at her home port" have been substituted for "district comprehending the port to which she belongs" and "home port" for "port to which she may belong" consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

The words "surveyed or" before "measured" have been deleted because the office of "surveyor" was abolished by act July 5, 1932, c. 430, title I, § 1, 47 Stat. 584 (19 U.S.C. 5a), and 1965 Reorganization Plan No. 1.

The words " (inserting here such additional identifying dimensions as the Secretary shall prescribe)" have been substituted for "that her length is (inserting here the number of feet), her breadth (inserting the number of feet), her depth (inserting here the number of feet)"; and the words "; and the said (naming the owner, or the master, or other person acting in behalf of the owner or owners, by whom the certificate of measurement has been countersigned, as aforesaid) have agreed to the description and measurement above specified" have been deleted, consistent with section 404 of this act, which provides, respectively, that a vessel's marine document shall specify such identifying dimensions, measured in such manner, as the Secretary may prescribe, and that the Secretary shall prescribe how evidence of admeasurement shall be given.

The words "and the vessel being (describing here the rig of the vessel), as prescribed by the Secretary of the Treasury for the purposes of the list of vessels of the United States published annually by him under the provisions of subsection (c) of section 106 of the Navigation Act of 1967" have been substituted for "that she is (describing here the particular kind of vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else)" because the latter terminology found originally in act Dec. 31, 1792, c. 1, § 9, 1 Stat. 291, and carried over to the present in R.S. § 4155, as amended, is obsolete. That the intent of the statute was to show the rig of the vessel is shown by reference to the preliminary list of Merchant Vessels of the United States" (1868), which lists the following abbreviations and designations: Bg., brig; Bk., bark; Sc., schooner; Sl., sloop; Sp., ship; St.s., steamer, screw; St.p., steamer, paddle; L.b., long boat; Bt., boat; Y., yacht. [A "snow" has been defined as a brig when "snowmasts"; i.e., spars about the thickness of a "Studding-sail-boom" (and on which "Trysails" are carried) are fitted close abaft and connected to the ordinary lower-masts of a "brig." Paasch, Dictionaire de Marine (4th Ed., 1908).] The various rig abbreviations and designations now used in describing the vessels listed in "Merchant Vessels of the United States" (1965) are stated below for reference:

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It is these designations, rather than the obsolete "ship, brigantine, snow, schooner, sloop" which by administrative practice are inserted on a vessel's

document for purposes of identification. A "ship, brigantine, snow, schooner sloop," each a type of sail vessel, would be covered by the designation “Sail.” "Kind of vessel" thus is equated with "rig."

The words ", and specifying whether she has any or no gallery or head" have been deleted. The term "gallery" is obsolete. DeKerchove, International Maritime Dictionary (1948). A "head" as the term is used here, for an ornament at the forward edge of the stem, is found only on wooden vessels and elaborate yachts. As the head no longer serves to identify a vessel, the reference is deemed to serve no useful purpose in the context and has been eliminated.

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

SEC. 214. SAME: VARIATIONS. (a) When, in order to the registry of any vessel, the master [of such vessel] thereof himself makes oath touching his being a citizen, the wording of the certificate shall be so varied as to be conformable to the truth of the case.

(b) Where a new certificate of registry is granted in consequence of any transfer of a vessel, the words shall be so varied as to refer to the former certificate of registry for her measurement.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 26 (R.S. § 4156).

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

This section should be read together with section 410 of this act, which provides that, in certain circumstances, the language of a vessel's marine document shall be so varied as to recite two sets of gross and net tonnages.

Whenever any

SEC. 215. REGISTRY ON PURCHASE OF VESSEL.citizen of the United States purchases or becomes owner of any vessel entitled to be registered, such vessel being within any district other than the one in which he usually resides] that comprehending her home port, such vessel shall be entitled to be registered by the [collector of officer or employee designated by the Secretary for that purpose in the district where she may be, at the time of his becoming owner thereof, upon his complying with the provisions Thereinbefore] prescribed in this chapter, in order to the registry of vessels. [And the] The oath which is required to be taken may, at the option of such owner, be taken either before the [collector of] officer or employee designated by the Secretary for that purpose in the district comprehending the home port [to which] of such vessel [may belong], or before [the collector of such officer or employee in the district within which such vessel may be, either of whom is [hereby] empowered to administer such oath.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 29 (R.S. § 4159). The words "that comprehending her home port" have been substituted for "the one in which he usually resides", and the words "home port of such vessel' for "port 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. The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector of" in two places, and the words "such officer or employee in" for "the collector of" 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. 216. REGISTRY BY AGENT.-Whenever any vessel entitled to be registered is purchased by an agent or attorney for an account of a citizen of the United States, such vessel being in a district of the United States [more than fifty miles distant, taking the nearest usual route by land, from the one] other than that comprehending [the] her home port, [to which, by virtue of such purchase and by force of this Title, such vessel ought to be deemed to belong, it shall be lawful for the collector of the officer or employee designated by the Secretary for that purpose in the district where such vessel may be, and he is hereby required] shall, upon the application of such agent or attorney, [to] proceed to the registering of the vessel, the agent or attorney first complying, on behalf and instead of the owner thereof, with the requisites prescribed by this [Title] chapter in order to the registry of vessels, except that, in the oath taken by the agent or attorney, instead of swearing that he is owner or an owner of such vessel, he shall swear that he is agent or attorney for the owner or an owner thereof, and that he has, in good faith, purchased the vessel for the person whom he names and describes as the owner thereof.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 31 (R.S. § 4161; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 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 "more than fifty miles distant, taking the usual route by land" have been deleted as obsolete. Present administrative practice does not recognize or enforce the geographical limitation.

The words "her home port" have been substituted for "the port to which, by virtue of such purchase and by force of this title, such vessel ought to be deemed to belong" consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

The words "it shall be lawful for" have been deleted as surplusage.

The words "the officer or employee designated by the Secretary for that purpose in" have been substituted for "the collector of" 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. 217. SURRENDER OF CERTIFICATE OF REGISTRY GRANTED TO PURCHASER OR AGENT.-Whenever any vessel[,] registered in pursuance of the provisions of [the preceding section,] section 215 or 216 of this Act shall arrive within the district comprehending [the] her home port [to which she belongs], the certificate of registry so obtained shall be delivered up to the [collector of] officer or employee designated by the Secretary for that purpose in such district, who, upon the requisities of this [Title] chapter in order to the registry of vessels being complied with, shall grant a new one in lieu of the first. The certificate so delivered up shall forthwith be returned by the [collector] officer or employee who receives the same to the [collector] officer or employee who granted it. If the first-mentioned certificate of registry is not delivered up, as above directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending [the] her home port [to which she may belong], shall severally be liable to a penalty of $100, and the certificate of registry shall be thenceforth void.

NOTE

This section is based on title 46, U.S. C., 1964 ed., §§ 30, 32 (R.S. §§ 4160, 4162; 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 combines into one section the essentially similar provisions of R.S. § 4160, 46 U.S.C. 30, applicable to R.S. § 4159, 46 U.S.C. 29 (sec. 215 of this act), and R.S. § 4162, 46 U.S.C. 32, applicable to R.S. § 4161, 46 U.S.C. 31 (sec. 216 of this act).

The words "her home port" have been substituted for "the port to which she belongs" in two places consistent with section 203 of this act and for the reasons stated in the penultimate paragraph of the note thereto.

The words "officer or employee designated by the Secretary for that purpose in" have been substituted for "collector of", and "officer or employee" for "collector" in two places, 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. 218. DOCUMENTATION OF VESSELS SOLD OR TRANSFERRED OUTSIDE THE UNITED STATES.-Whenever [A] a vessel of the United States [which], while outside the limits of a [customs collection] district of the United States and not in any port designated as a port of documentation outside any such [customs collection] district, is sold or transferred in whole or in part to a citizen of the United States, such vessel may be documer ted anew as a vessel of the United States in such manner and upon such conditions as may be prescribed by the Secretary. [of the Treasury: Provided, That, if] If any vessel so sold or transferred is not redocumented while abroad, it shall nevertheless be entitled to all the privileges and benefits of a vessel of the United States up to and for the purpose of its first arrival thereafter within a [customs collection] district or within a designated port of documentation outside any such [customs collection] district.

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 35 (R.S. § 4166; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; Public Law 87-157, Aug. 17, 1961, 75 Stat. 392; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

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 words "customs collection" have been deleted before "district" in four places as surplusage because "district" is defined as "customs collection district” in section 101 of this act.

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

SEC. 219. OATH ON LOSS OF CERTIFICATE OF REGISTRY: GRANT OF NEW CERTIFICATE.-Whenever the certificate of [the] registry of any vessel is lost, destroyed, or mislaid, the master or other person having the charge or command thereof may make oath before the [collector of] officer or employee designated by the Secretary for that purpose in the district where such vessel shall first be after such loss, destruction, or mislaying, in the form following:

"I (inserting here the name of the person swearing), being master (or having the charge or command) of the [ship or] vessel called the (inserting the name of the vessel), do swear (or affirm) that the said

vessel [hath] has been, as I [verily] believe, registered according to law, by the name of (inserting again the name of the vessel), and that a certificate thereof was granted by the [collector of] officer or employee designated by the Secretary for that purpose in the district of (naming the district where registered), which certificate has been lost (or destroyed, or unintentionally and by mere accident mislaid, as the case may be); and (except where the certificate is alleged to have been destroyed) that the same, if foun 1 again, and within my power, shall be delivered up to the [collector of] officer or employee designated by the Secretary for that purpose in the district in which it was granted." Such oath shall be subscribed by the party making the same; and upon such oath being made, and the other requisites of this [Title] chapter in order to the registry of vessels being complied with, it shall be lawful for the [collector of the district] officer or employee before whom such oath is made[,] to grant a new register, inserting therein that the same is issued in lieu of the one lost, [or] destroyed, or mislaid.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 36 (R.S. § 4167; 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" in three places, and the words "officer or employee" for "collector of the district", in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

The words "ship or" before "vessel" in the second paragraph have been deleted as surplusage because of the definition of "vessel" found in section 101 of this act. The word "has" has been substituted for "hath" because "hath" is archaic, and the word "verily" has been deleted as archaic and surplusage.

The words "or mislaid" have been added at the end of the section consistent with the distinction between "lost" and "mislaid" and "loss" or "mislaying" in the first paragraph.

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

SEC. 220. SURRENDER OF CERTIFICATE OF REGISTRY OBTAINED ON LOSS OF ORIGINAL.-Whenever a register [is granted] in lieu of one lost, [or] destroyed [,] or mislaid is granted by any other than the [collector of] officer or employee designated by the Secretary for that purpose in the district [to which the vessel actually belongs] comprehending the home port of the vessel, such register shall, within ten days after [her] the first arrival of the vessel within the district [to which she belongs] comprehending her home port, be delivered up to the [collector of officer or employee designated by the Secretary for that purpose in such district, who shall thereupon grant a new register in lieu thereof. [And in] In case the master or commander shall neglect to deliver up such register within the time above mentioned, he shall be liable to a penalty of $100【;], and the former register shall [become null and] be thenceforth void.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 37 (R.S. 4168; 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).

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