a service which necessitates his continuous absence from the United States, may make application in writing for one renewal and transmit the same to the board of local inspectors with a statement of the applicant verified before a consul, or other officer of the United States authorized to administer an oath, setting forth the reasons for not appearing in person; and upon receiving the same the board of local inspectors that originally issued such license shall renew the same for one additional term of such license, and shall notify the applicant of such renewal. And in all cases where the issue is the suspension or revocation of such licenses, whether before the local boards of inspectors as provided for in section forty-four hundred and fifty of the Revised Statutes, or before the supervising inspector as provided for in section forty-four hundred and fifty-two of the Revised Statutes, the accused shall be allowed to appear by counsel and to testify in his own behalf. No master, mate, pilot, or engineer of steam vessels licensed under title fifty-two of the Revised Statutes shall be liable to draft in time of War, except for the performance of duties such as required by his license; and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or wounded while performing such duties under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. (29 Stat. 188.)

This section was part of an act to amend R. S. § 4131, to improve the merchant-marine engineer service, and thereby also to increase the efficiency of the Naval Reserve, and for other purposes.

Section 1 of this act amended R. S. § 4131, and is incorporated in that section as set forth ante, § 7707.

Section 3 of this act saved from repeal a previous amendment of said R. S. 4131, which also is incorporated therein, ante, § 7707.

The officers referred to in this section by the words "such officers," were the officers of vessels of the United States provided for by R. S. § 4131, ante, § 7707.

§ 7709. (R. S. § 4132, as amended, Act Aug. 24, 1912, c. 390, § 5.) Vessels entitled to registry; coast-wise trade by foreign-built registered vessels prohibited; duty on foreign yachts; free admission of ship-building materials, etc.; ocean mail service contracts.

Vessels built within the United States and belonging wholly to citizens thereof; and vessels which may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States; and seagoing vessels, whether steam or sail, which have been certified by the Steamboat-Inspection Service as safe to carry dry and perishable cargo, not more than five years old at the time they apply for registry, wherever built, which are to engage only in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tutuila, being wholly owned

by citizens of the United States or corporations organized and chartered under the laws of the United States or of any State thereof, the president and managing directors of which shall be citizens of the United States or corporations organized and chartered under the laws of the United States or of any State thereof, the President and managing directors of which shall be citizens of the United States, and no others, may be registered as directed in this title. Foreign-built vessels registered pursuant to this Act shall not engage in the coastwise trade: Provided, That a foreign-built yacht, pleasure boat, or vessel not used or intended to be used for trade admitted to American registry pursuant to this section shall not be exempt from the collection of ad valorem duty provided in section thirty-seven of the Act approved August fifth, nineteen hundred and nine, entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes." That all materials of foreign production which may be necessary for the construction or repair of vessels built in the United States and all such materials necessary for the building or repair of their machinery and all articles, necessary for their outfit and equipment may be imported into the United States free of duty under such regulations as the Secretary of the Treasury may prescribe: Provided further, That such vessels so admitted under the provisions of this section may contract with the Postmaster General under the Act of March third, eighteen hundred and ninetyone, entitled "An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce," so long as such vessels shall in all respects comply with the provisions and requirements of said Act.

Act Dec. 31, 1792, c. 1, § 2, 1 Stat. 288. Act Aug. 24, 1912, c. 390, § 15, 37 Stat. 562.

This section, as enacted in the Revised Statutes, was as follows: "Vessels built within the United States, and belonging wholly to citizens thereof, and vessels which may be captured in war by citizens of the United States, and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by citizens, and no others, may be registered as directed in this Title."

It was amended by the Panama Canal Act of Aug. 24, 1912, c. 390, § 5, last cited above, to read as set forth here.

Act Aug. 5, 1909, c. 6, § 37, mentioned in this section, was a part of the Payne-Aldrich Tariff Act of 1909, which was repealed by the Underwood Tariff Act of 1913, Act Oct. 3, 1913, c. 16, § IV, S, ante, § 5316.

Act March 3, 1891, c. 519, also mentioned in this section, is set forth ante, $$ 7530-7538.

Provisions for the registry of foreign-built vessels owned in part by citizens of the United States, etc., were made by Act May 10, 1892, c. 63, post, §§ 7710-7713.

Until Congress should authorize the registry of vessels owned in the Philippine Archipelago, the transportation of merchandise and passengers between ports or places therein was to be regulated by the Government of the Philippine Islands, by Act April 29, 1908, c. 152, § 1, ante, § 3912.

§ 7710. (Act May 10, 1892, c. 63, § 1.) Registry of foreign-built vessels owned in part by citizens; conditions.

The Secretary of the Treasury is hereby authorized and directed to grant registers, as vessels of the United States, to such foreign

built steamships now engaged in freight and passenger business, and sailing in an established line from a port in the United States, as are of a tonnage of not less than eight thousand tons, and capable of a speed of not less than twenty knots per hour, according to the existing method of Government test for speed, of which not less than ninety per centum of the shares of the capital of the foreign corporation or association owning the same was owned January first, eighteen hundred and ninety, and has continued to be owned until the passage of this act by citizens of the United States, including as such citizens corporations created under the laws of any of the States thereof, upon the American owners of such majority interest obtaining a full and complete transfer and title to such steamships from the foreign corporations owning the same: Provided, That such American owners shall, subsequent to the date of this law, have built, or have contracted to build, in American shipyards, steamships of an aggregate tonnage of not less in amount than that of the steamships so admitted to registry. Each steamship so built or contracted for to be of a tonnage of not less than seven thousand tons. (27 Stat. 27.)

This section and the three sections next following were an act entitled "An act to encourage American shipbuilding."

§ 7711. (Act May 10, 1892, c. 63, § 2.)

zens.

Record of transfer to citi

The Secretary of the Treasury, on being satisfied that such steamships so acquired by American citizens, or by such corporation or corporations as above set forth, are such as come within the provisions of this act, and that the American owners of such steamships, for which an American registry is to be granted under the provisions hereof, have built or contracted to build in American. shipyards steamships of an aggregate tonnage as set forth in the first. section hereof, shall direct the bills of sale or transfer of the foreignbuilt steamships so acquired to be recorded in the office of the collector of customs of the proper collection district, and cause such steamships to be registered as vessels of the United States by said. collector. After which, each of such vessels shall be entitled to all the rights and privileges of a vessel of the United States, except that it shall not be employed in the coastwise trade of the United States. (27 Stat. 27.)

§ 7712. (Act May 10, 1892, c. 63, § 3.) Inspection and measure

ment.

No further or other inspection shall be required for the said steamship or steamships than is now required for foreign steamships carrying passengers under the existing laws of the United States, and that a special certificate of inspection may be issued for each steamship registered under this act; and that before issuing the registry to any such steamship as a vessel of the United States the collector of customs of the proper collection district shall cause such steamship to be measured and described in accordance with the laws of the United States, which measurement and description shall

be recited in the certificate of registry to be issued under this act. (27 Stat. 28.)

§ 7713. (Act May 10, 1892, c. 63, § 4.) Taking and use of vessels as cruisers or transports; payment.

Any steamships so registered under the provisions of this act may be taken and used by the United States as cruisers or transports upon payment to the owners of the fair actual value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value at the time of taking between the United States and the owners, then the same shall be determined by two impartial appraisers, one to be appointed by each of said parties, who, in case of disagreement, shall select a third, the award of any two of the three so chosen to be final and conclusive. (27 Stat. 28.)

(R. S. §§ 4133, 4134. Repealed.)

R. S. § 4133, provided that no vessel should be entitled to be registered or, if registered, to the benefits of registry, if owned, in whole or in part, by non-resident citizens, during the continuance of such non-residence, except where such non-residents were consuls, or agents for or partners of some house of trade doing business in the United States.

R. S. § 4134, provided that no vessel should be entitled to registry. or, if registered, to the benefits of registry, if owned in whole or in part by a non-resident naturalized citizen of the United States, except a consul or other agent of the United States; but that any vessel, before registered, could be registered anew when sold to a citizen, upon satisfactory proof of citizenship of the purchaser.

Both these sections were repealed by Act March 3, 1897, c. 389, § 16, 29 Stat. 691.

§ 7714. (R. S. § 4135.) American vessel taking foreign flag.

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, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry.

Act Feb. 10, 1866, c. 8, 14 Stat. 3.

(R. S. § 4136. Repealed.)

This section, as enacted in the Revised Statutes, is as follows:

"The Secretary of the Treasury may issue a register or enrollment for any vessel built in a foreign country, whenever such vessel shall be wrecked in the United States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfaction of the Secretary that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired."

It was amended by substituting for "The Secretary of the Treasury" the Commissioner of Navigation, by Act Feb. 22, 1906, c. 500, 34 Stat. 17.

As so amended, it was repealed by Act Feb. 22, 1906, c. 500, 34 Stat. 17.

§ 7715. (R. S. § 4137.) Vessels owned by corporations.

Registers for vessels owned by any incorporated company may be issued in the name of the president or secretary of such company;

and such register shall not be vacated or affected by sales of any shares of stock in such company.

Act March 3, 1825, c. 99, § 2, 4 Stat. 129.

§ 7716. (R. S. § 4138.) New registry upon death, etc., of officer of corporation.

Upon the death, removal, or resignation of such president or secretary of any incorporated company owning any vessel, a new register shall be taken out for such vessel.

Act March 3, 1825, c. 99, § 3, 4 Stat. 129.

§ 7717. (R. S. § 4139, as amended, Act June 24, 1902, c. 1155, § 1.) Oath of officer of corporation or managing owner or his agent. Previous to granting a register for any vessel owned by any incorporated company, or by an individual or individuals, the president or secretary of such company, or any other officer or agent thereof, duly authorized by said company in writing, attested by the corporate seal thereof, to act for the company in this behalf, or the managing owner, or his agent duly authorized by power of attorney, when such vessel is owned by an individual or individuals, shall swear to the ownership of the vessel without designating the names of the persons composing the company, when such vessel is owned by a corporation, and the oath of either of said officers or agents shall be deemed sufficient without requiring the oath of any other person interested and concerned in such vessel.

Act March 3, 1825, c. 99, §§ 4, 5, 4 Stat. 129. Act June 24, 1902, c. 1155, § 1, 32 Stat. 398.

This section, as enacted in the Revised Statutes, was as follows:

"Previously to granting a register for any vessel, owned by any company, the president or secretary thereof shall swear to the ownership of the vessel, by such company, without designating the names of the persons composing the company; and the oath shall be deemed sufficient, without requiring the oath of any other person interested or concerned in such vessel."

It was amended to read as set forth here by Act June, 24, 1902, c. 1155, § 1, last cited above.

Section 2 of said amendatory act amended R. S. § 4314, post, § 8060.

§ 7718. (R. S. § 4140.) Nationalization of vessels in Alaska.

The Secretary of the Treasury may make such regulations as he may deem expedient, for the nationalization of all vessels owned by actual residents of the Territory of Alaska, on the twentieth day of June, eighteen hundred and sixty-seven, and which continued to be so owned up to the date of such nationalization.

Act July 27, 1868, c. 273, § 3, 15 Stat. 240.

§ 7719. (R. S. § 4141.) Vessels, where registered.

Every vessel, except as is hereinafter provided, shall be registered by the collector of that collection-district which includes the port to which such vessel shall belong at the time of her registry; which port shall be deemed to be that at or nearest to which the owner, it there be but one, or, if more than one, the husband or acting and managing owner of such vessel, usually resides.

Act Dec. 31, 1792, c. 1, § 3, 1 Stat. 288.