district where she shall be registered, is similar to that of Article 1367, supra. 1381. If a registered vessel shall be transferred in whole, or in part, by way of trust, confidence, or otherwise, to a citizen of any foreign state, and such transfer shall not be made known in manner before directed, (See article 1370,) she shall, together with her tackle and apparel, be forfeited.(1)* But if such vessel shall be owned in part only, and it be made apparent to the jury, before whom the trial for such forfeiture shall be held, that any other owner of such vessel, being a citizen of the United States, was wholly ignorant of the transfer to, or ownership of, such foreign citizen, the share of such citizen of the United States shall not, but the residue only shall, be so forfeited.(1)† 1382. If any registered vessel shall, whilst without the limits of the United States, be transferred in whole or in part to a citizen of the United States, she shall, on her first arrival, be entitled to all the privileges and benefits of a vessel of the United States, provided all the requisites for registry of vessels be complied with, within three days from the time at which the master is required to make his final report, upon her first arrival afterwards, pursuant to the 30th section of the act regulating the collection of duties, passed 2d March, 1799. And the master of such vessel may pay to the collector of the district, within which she shall first arrive, the duties imposed by law on the tonnage of such vessel, at any time within three days from the time at which the master of such vessel is required to make his final report. (2) 1383. If the master of a registered vessel be changed, the owners or one of them, or the new master, shall report such change to the collector of the district where it shall happen, or where the vessel shall first be, after it shall have happened, and shall produce to him the certificate of registry, and make oath that such new master is a citizen of the United States, and the manner he became a citizen. Whereupon the collector shall endorse on the certificate of registry, and subscribe a memorandum of such change, specifying the name of the new master: and if other than the collector of the district by whom such certificate of registry shall have been granted, shall transmit a copy of such memorandum to him, with notice of the particular vessel to which it shall relate: And the collector by whom such certificate shall have been granted, shall make a like memorandum in his book of registers, and shall transmit a copy thereof to the register of the treasury.(3) If such change shall not be reported, or if such oath shall not be so (1) Act 31st Dec. 1792, sec. 16. (2) Act 2d March, 1803, sec. 3. (3) Act 31st Dec. 1792, sec. 15. The transfer of a registered vessel of the United States to a foreign subject, in a foreign port, for the purpose of evading the revenue laws of the foreign country, though with an understanding that she is to be afterwards re-conveyed to the former owner, works a forfeiture of the vessel under the preceding article, unless such transfer be made known in the manner prescribed by article 1370. And such vessel so transferred, is liable to forfeiture under the 27th sec. of Act 1792, (infra, art. 1386,) as using a register without being actually entitled to the benefit thereof.-The Margarette, 9 Wheat. 421. †The proviso in Article 1381, applies only to the case of a part owner, and not to a sole owner of the vessel; and being an exception to the enacting clause, need not be noticed in a libel brought to enforce the forfeiture. It is matter to be set up by the party in his claim.-The Margarette, 9 Wheat. 421. taken, the registry of the vessel shall be void, and the master shall forfeit and pay one hundred dollars.(1) 1384. Upon the entry of a vessel from a foreign port, at the port at which the owner or a part owner resides, he shall make oath that the register of the vessel contains the names of all her then owners: or if any part of such vessel have been transferred since granting such register, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share by way of trust, confidence, or otherwise, in such vessel. And if no owner shall reside at the port at which the vessel shall enter, then the master shall make an oath to the like effect; and if the owner, or master, where there is no owner, shall refuse so to swear, such vessel shall cease to be entitled to the privileges of a vessel of the United States.(2) 1385. Upon the death, removal, or resignation of the president or secretary of any incorporated company, owning any steam vessel, or vessel in whale fishery, a new register, or enrolment, and license, as the case may be, shall be taken out for such vessel.(3) 1386. If any certificate of registry or record, shall be fraudulently or knowingly used, for any vessel not then actually entitled to the benefit thereof, she, with her tackle, apparel, and furniture, shall be forfeited to the United States.(4)* 1387. If any vessel enrolled or licensed, shall proceed on a foreign voy. age, without first giving up her enrolment and license to the collector of the district from which she is about so to proceed, and being duly registered by such collector, she, together with her tackle, apparel, furniture, and goods imported therein, shall be liable to seizure and forfeiture.(5)† If the port from which such vessel is so about to proceed, be not within the district where she is enrolled, the collector of such port shall give to the master a certificate, specifying that her enrolment and license is, and the time when it was, received by him, which certificate shall be delivered by such master to the collector who may have granted such enrolment and license.(5) (1) Act 31st Dec. 1792, sec. 15. (2) Ibid. sec. 17. (3) Act 3d March, 1825, sec. 2. 3d March, 1831. (4) Act 31st Dec. 1792, sec. 27. The provisions of this section apply as well to vessels which have not been previously registered as to those to which registers have been previously granted.— The Neptune, 3 Wheat. 6 ch. Under this article, a coasting vessel is not forfeited for proceeding on a foreign voyage, where she has not actually broken ground, with intention to commence such voyage.-The Julia, 1 Callis. 42. Nor, if she has not actually left the port from which she intended to proceed on such voyage. The forfeiture does not attach until she has quitted such port, with an intent to proceed on such voyage. It is the actual proceeding, not the attempt to proceed, on a foreign voyage, that is punishable.-The Friendship, 1 Gallis. 45. Foreign voyage, in this section, means a voyage intended to some place, within the jurisdiction of a foreign country, or at least without the territorial jurisdiction of the United States.-The Lark, 1 Gallis. 55. See the case of the George, 1 Mason, 24. No vessel can be sold in a foreign port, unless her license be previously surrendered; nor is her American character changed by such transfer. But if she be condemned for the violation of the act of 1793, and sold under an order of the court. she may become foreign property. So if the purchaser, under the first insufficient sale, comply with the act of 1790, authorizing the court to surrender property to claimant on giving bond.-Kelly v. The Prosperity, Bee 38. British Consul v. The Favourite, ib. 39. United States v. The Hawke, ib. 34. 1388. If the certificate of registry of any vessel be lost, destroyed or mislaid, the master may make, and subscribe, an oath before the collector of the district where such vessel shall first be, after such loss, destruction or mislaying, of the facts of the case; (see form of oath, Appendix, No. 3,) upon such oath being made, and the other requisites of registry being complied with, such collector shall grant a new register, inserting therein, that it has been issued in the room of the one lost or mislaid.(1) But when a register shall be granted in lieu of one lost or destroyed, by any other than the collector of the district to which the vessel belongs, such register shall, within ten days after her first arrival within her district, be delivered up to the collector thereof, who shall thereupon grant a new one; and if the master neglect to deliver up such register within such time, he shall forfeit one hundred dollars, and the former register shall become null and void.(1) 1389. On satisfactory proof to the secretary of the treasury, that a vessel has been sold and transferred by process of law, and that her register, certificate of enrolment or license is retained by her former owners, he may direct the collector of the district to which she may belong, to grant a new register, certificate of enrolment or license, as the case may be, on the purchaser complying with the terms and conditions for granting such papers, excepting only the delivering up the former certificate of registry, enrolment or license. But nothing herein shall remove the liability of any person for not surrendering up the papers belonging to any vessel, on a transfer or sale thereof.(2) 1390. When any registered vessel shall, in whole or in part, be transferred to a citizen, or shall be altered in form or burthen, by being lengthened or built upon, or from one denomination to another by the mode of rigging, she shall be registered anew, by her former name, or she shall cease to be deemed a vessel of the United States. The former certificate of registry shall be delivered up to the collector, to whom application for the new one shall be made, to be by him transmitted to the register of the treasury, who shall cause the same to be cancelled.(3) And in every such case of transfer, there shall be some instrument in the nature of a bill of sale, which shall recite at length such certificate, otherwise, such vessel shall not be so registered anew. And if a vessel so required to be registered anew, shall not be so registered, she shall not be entitled to the privileges of a vessel of the United States. And, further, if her former registry shall not be so delivered up, unless it have been destroyed, lost, or unintentionally mislaid, and oath thereof shall have been made, as required by article 1388, the owner of such vessel shall forfeit and pay the sum of five hundred dollars, with costs of suit.(4) (1) Act 31st Dec. 1792, sec. 13. (2) Act 2d March, 1797, sec. 1 (3) Act 31st Dec. 1792, sec. 14. (4) Act 31st Dec. 1792, sec. 14. If a registered vessel of the United States be sold in part to resident citizens of the United States, while at sea, without a bill of sale reciting the register, and without being then registered anew, she is not liable with her cargo for higher duties than are payable by vessels of the United States.-Willing and al. vs. United States, 4 Dall. 374. United States v. Willing and al. 4 Cranch, 48. The registry acts have not changed the common law mode in which ships may be transferred; but only take from any ship not transferred according to those acts, the character of an American ship, and deem them alien or foreign ships. By the general maritime law, a bill of sale is necessary to pass the title of a ship.-Watson v. Penniman, 1 Mason, 306. The inaccurate recital of the certificate of registry in the bill of sale, does not, as in England, avoid the sale; but the vessel is thereby deprived of her American privileges.-Phillips v. Ledley, 1 Wash. C. C. R. 226. If a sea vessel be assigned to a foreigner, the ef. 1391. The requisites for the registry of a vessel having been complied with, the collector of the district to which she belongs, shall make, and keep, in some proper book, a record thereof, and shall grant an abstract or certificate of such record.(1) For form of certificate, see Appendix, No. 4. If the master of a vessel shall himself have made oath touching his citizenship, the certificate shall conform to the truth of the case: and where a new certificate of registry is granted, in consequence of the transfer of the vessel, the words shall be so varied as to refer to the former certificate of registry for her admeasurement.(1) The secretary of the treasury shall prepare and transmit from time to time, a sufficient number of the forms of certificates of registry, and such other papers as may be necessary, executed in such manner, and with such marks, as he may direct; such certificates shall be attested under the seal of the treasury and the hand of the register thereof, with proper blanks, to be filled by the collectors respectively, by whom also such certificates shall be signed and sealed before they shall be issued: and where there is a naval officer at any port, they shall be countersigned by him, and a copy of each shall be transmitted to such register, who shall keep a record thereof.(2) After the 31st day of December, 1814, no certificate of registry shall be issued, except such as shall have been so provided and marked; and vessels which have been duly registered, shall be entitled to new certificates of registry (gratis) in exchange for their old ones. And the respective collectors, on the departure of such vessel, after that day, from the district to which she belongs, shall issue a new certificate, and retain and deface the old one.(3) The collector of each district shall number progressively the certificates granted by him, beginning anew at the commencement of each year, and shall enter an exact copy of each certificate in a book to be kept for that purpose, and shall once in three months transmit to the register of the treasury, copies of all the certificates which shall have been granted by him, including the number of each.(4) 1392. Registers for steam-vessels, and vessels in whale fishery, owned by an incorporated company, may be issued in the name of the president or secretary of such company, and such register shall not be vacated by the sale of any share of any stockholder therein.(5) 1393. The fees for services to be performed relative to regulating and recording vessels shall be as follows: for the admeasurement of every vessel, of one hundred tons and under, one cent per ton; of one hundred and not exceeding two hundred tons, one hundred and fifty cents; of two hundred tons and upwards, two hundred cents. For every endorsement upon a certificate of registry or record, one hundred cents; and for taking every bond, twenty-five cents.(6) The whole amount of such fees shall be received and accounted for by the collector, or at his option, by the naval officer, where there is one; and where there is a collector, naval officer, and surveyor, shall be equally divided monthly between them; and where there is no naval officer, two-thirds shall be paid to the collector, and the other third to the surveyor; and where there is a collector only, he shall receive the whole amount; and where there fect is the same; and if it be a coaster, (3) Act 31st Dec. 1792, sec. 10.Act 3d March, 1813, sec. 1. (4) Act 31st Dec. 1792, sec. 19. (5) Act 3d March, 1825, sec. 2.-Act 3d March, 1831. (6) Act 31st Dec. 1792, sec. 25. is more than one surveyor in any district, each of them shall receive his proportionate part of such fees as shall arise in the port for which he is appointed.(1) In all cases where the tonnage of any vessel shall be ascertained by any person appointed for that purpose, he shall be paid a reasonable compensation therefor out of such fees, before distribution.(1) Every collector and naval officer, and every surveyor, who shall reside at a port where there is no collector, shall cause to be affixed, and constantly kept in some conspicuous part of his office, a fair table of fees, demandable under the registering act.(1) 1394. Every officer who shall knowingly make, or be concerned in making, any false certificate of registry or record of any vessel, or other false document whatever, touching the same; or who shall designedly take any other, or greater, fees than are allowed by law, or who shall receive any voluntary reward or gratuity, for services performed pursuant thereto: And every surveyor, or other person measuring a vessel, who shall wilfully deliver to the collector or naval officer, a false description of such vessel to be registered or recorded, shall upon conviction of any such neglect or offence forfeit the sum of one thousand dollars, and be rendered incapable of serving in any office of trust or profit under the United States.(2) If any person required by the registering act in respect to his office to perform any thing pursuant thereto, shall wilfully neglect to perform it, he shall on conviction, if not subject to the foregoing penalty and disqualification, forfeit the sum of five hundred dollars for the first offience, and the like sum for the second, and shall thenceforth be incapable of holding any office of trust or profit under the United States.(2) If any person shall falsely make oath or affirmation to any of the matters required to be verified by such act, he shall suffer like pains and penalties as persons committing wilful and corrupt perjury.(3) If any person shall forge, counterfeit, erase, alter, or falsify any certifi cate, register, record or other document, mentioned, described, or authorized by such act, he shall for each offence forfeit five hundred dollars.(4) 1395. All the penalties and forfeitures which may be incurred for offences against the registering acts, shall be sued for and recovered, with costs of suit, in the name of the United States of America, in any court proper to try the same.(5) The trial of any fact which shall be put in issue, shall be within the ju dicial district in which the penalty shall have accrued; and the collector within whose district the seizure shall be made, shall cause suits for the same to be commenced and prosecuted to effect: and shall receive, and distribute, the sums recovered, deducting necessary and legal costs and charges.(6) 1396. All vessels and goods which shall so become forfeited, shall be seized, libelled and prosecuted in the proper court, having cognizance thereof.(6) Such court shall cause fourteen days' notice to be given of such seizure and libel, with the order of the court thereon, setting forth the time and place appointed for trial, to be inserted in some newspaper published near the place of seizure; and also by posting up the same in the most public manner, for fourteen days, at or near the place of trial; for which advertisement a sum (1) Act 31st Dec. 1792, sec. 25. (2) Ibid. sec. 26. (3) Ibid. sec. 28. 4) Ibid. sec. 28. (5) Ibid. sec. 29.-Act Aug. 4th, 1790, sec. 67. (6) Act 31st Dec. 1792, sec. 29.Act August 4th, 1790, sec. 67. |