the remeasurement of vessels, requiring only vessels the construction of which had been begun after June 30, 1895, to have a crew space of 72 cubic feet per man, authorizing the Commissioner of Navigation to make the regulations needful to give effect to the provisions of the act, and providing that the act shall take effect April 1, 1895, are set forth post, §§ 7331-7333.

The fine imposed by this section, as amended by said Act June 19, 1886, c. 421, § 5, for neglecting to keep the number denoting the net tonnage of the vessel marked or carved on her main beam, may be remitted or mitigated by the Secretary of the Treasury when the offense was not willfully committed, by section 9 of said act, post, § 8126.

The provisions of this section, as amended by said Act March 2, 1895, c. 173, § 1, authorizing collectors of customs to attach to the registers of American vessels in foreign trade appendices stating separately, for use in foreign ports, the measurement of such space or spaces as are permitted to be deducted from gross tonnage by the rules of other nations, and are not permitted by the laws of the United States, superseded similar provisions of Act Jan. 21, 1895, c. 38, 28 Stat. 636.

The provisions of this section, as amended by said Act March 2, 1895, c. 173, § 1, relating to space for screws, were modified by Act March 3, 1897, c. 389, § 2, post, § 7734.

§ 7731. (Act March 2, 1895, c. 173, § 2.) Remeasurements.

This Act shall not be construed to require the remeasurement of any American vessel duly measured before April first, eighteen hundred and ninety-five; but upon application by the owner of any such vessel collectors of customs shall cause such vessel, or the spaces to be deducted, to be measured according to the provisions of this Act, and if a new register is not issued the statement of such remeasurement shall be attached by an appendix to the outstanding register or enrollment with a certificate of the collector of customs that the original estimate of tonnage is amended pursuant to this Act. (28 Stat. 743.)

This section and the two sections next following were part of Act March 2, 1895, c. 173, cited above, section 1 of which amended Act Aug. 5, 1882, c. 398, § 1, which amended R. S. § 4153, ante, § 7730.

Section 5 of said Act March 2, 1895, c. 173, provided that it should take effect on April 1, 1895.

§ 7732. (Act March 2, 1895, c. 173, § 3.) Space for crew; to what vessels provisions of act applicable.

The provisions of this Act requiring a crew space of seventy-two cubic feet per man shall apply only to vessels the construction of which shall be begun after June thirtieth, eighteen hundred and ninety-five. (28 Stat. 743.)

See notes to section 2 of this act, ante, § 7731.

§ 7733. (Act March 2, 1895, c. 173, § 4.) Regulations by Commissioner of Navigation.

Under the direction of the Secretary of the Treasury the Commissioner of Navigation shall make regulations needful to give effect to the provisions of this Act. (28 Stat. 743.)

See notes to section 2 of this act, ante, § 7330.

§ 7734. (Act March 3, 1897, c. 389, § 2.) Space for crew on seagoing vessels; exceptions.

On and after June thirtieth, eighteen hundred and ninety-eight,

every place appropriated to the crew of a seagoing vessel of the United States, except a fishing vessel, a yacht, a pilot boat, and all vessels under two hundred tons register, shall have a space of not less than seventy-two cubic feet and not less than twelve square feet measured on the deck or floor of that place for each seaman or apprentice lodged therein: Provided, That any such seagoing sailing vessel, built or rebuilt after June thirtieth, eighteen hundred and ninety-eight, shall have a space of not less than one hundred cubic feet and not less than sixteen square feet measured on the deck or floor of that space for each seaman or apprentice lodged therein. Such place shall be securely constructed, properly lighted, drained, heated and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water.

Fishing vessels, yachts, and pilot boats are hereby exempted from the provisions of section one of chapter one hundred and seventythree of the laws of eighteen hundred and ninety-five, entitled "An Act to amend section one of chapter three hundred and ninety-eight of the laws of eighteen hundred and eighty-two, entitled 'An Act to provide for deductions from the gross tonnage of vessels of the United States," so far as said section prescribes the amount of space which shall be appropriated to the crew and provides that said space shall be kept free from goods or stores not being the personal property of the crew in use during the voyage.

And on and after June thirtieth, eighteen hundred and ninety-eight, every steamboat of the United States plying upon the Mississippi River or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section so far as they shall be applicable thereto by providing sleeping room in the engine room of the steamboats properly protected from the cold, winds, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck, under the direction and approval of the Supervising Inspector-General of Steam Vessels, and shall be properly heated. Any failure to comply with this section shall subject the owner or owners to a penalty of five hundred dollars. (29 Stat. 688.)

This was section 2 of the Shipping Act of March 3, 1897, entitled "An act to amend the laws relating to navigation."

Section 1 of said Shipping Act of 1897 amended R. S. § 4507, and is incorporated in that section, post, § 8296.

Section 3 of the act amended R. S. § 4576, and is incorporated into that section, post, § 8367.

Section 4 of the act amended R. S. § 4541, and is incorporated into that section, post, § 8330.

Section 5 of the act amended R. S. § 4232, and is incorporated into that section, post, § 7953.

Section 6 of the act amended R. S. § 4542, and is incorporated into that section, post, § 8331.

Section 7 of the act amended R. S. § 4545, and is incorporated into that section, post, § 8334.

Section 8 of the act amended Act Feb. 18, 1895, c. 97, which amended Act

Aug. 19, 1890, c. 801, and is incorporated into said original act as amended, post, & 8293.

Section 9 of the act abolished certain entry and clearance fees required by R. S. § 4382 and is incorporated into that section, post, § 8137.

Section 10 of the act amended R. S. § 4165, and is incorporated into that section, post, § 7746.

Section 11 of the act amended Act June 20, 1874, c. 344, § 13, and is incorporated in the section amended, post, § 7978.

Sections 12 and 13 of the act amended R. S. § 4233, and are incorporated into that section, post, §§ 7956-7959, 7967, 7968.

Section 14 of the act permitted the registry of foreign vessels in certain cases, and is set forth post, § 8174.

Section 15 of the act amended R. S. § 2834, by repealing a part thereof, and is incorporated into that section, ante, § 5516.

Section 16 of the act repealed R. S. §§ 2570-2575, 2584, 2585, 2824, 2835, 2897, 4133, 4134, 4234, 4589, 4590.

Section 17 of the act amended R. S. § 2797, and is incorporated into that section, ante, § 5494.

Section 18 of the act amended R. S. § 5347, punishing maltreatment of any of the crew by officers of vessels. That section, as so amended, was incorporated into the Criminal Code in section 291 thereof, post, § 10464, and was repealed by section 341 thereof, post, § 10515.

Section 19 of the act amended R. S. § 4511, and is incorporated into that section, post, § 8300.

Section 20 of the act provided that the act should take effect July 1, 1897. This section of the act modifies the provisions of R. S. § 4153, as amended by Act March 2, 1895, c. 173, § 1, ante, § 7730.

§ 7735. (R. S. § 4154, as amended, Act Aug. 5, 1882, c. 398, § 2.) Measurement of foreign vessels; certificates, when accepted. Whenever it is made to appear to the Secretary of the Treasury that the rules concerning the measurement for tonnage of vessels of the United States have been substantially adopted by the government of any foreign country, he may direct that the vessels of such foreign country be deemed to be of the tonnage denoted in their certificates of register or other national papers, and thereupon it shall not be necessary for such vessels to be remeasured at any port in the United States; and when it shall be necessary to ascertain the tonnage of any vessel not a vessel of the United States, the said tonnage shall be ascertained in the manner provided by law for the measurement of vessels of the United States.

Act March 2, 1799, c. 22, § 64, 1 Stat. 675. Act Aug. 5, 1882, c. 398, § 2, 22 Stat. 300.

This section provided for the measurement of foreign vessels for tonnage. It was repealed by Act Aug. 5, 1882, c. 398, § 2, cited above, which also enacted a substitute therefor, as set forth here.

§ 7736. (R. S. § 4155.) Form of register.

When the several matters hereinbefore required, in order to the registering of any vessel, have been complied with, the collector of the district comprehending the port to which she belongs shall make and keep in some proper book a registry thereof, and shall grant a certificate of such registry, as nearly as may be, in the form following: In pursuance of chapter one, Title XLVIII, "Regulation of Commerce and Navigation," of the Revised Statutes of the United States, (inserting here the name, occupation, and place of abode of the person by whom the oath was made), having taken and subscribed the oath required by law, and having sworn that he (or she, and if more

than one owner, adding the words, "together with," and the name. or names, occupation or occupations, place or places of abode, of the owner or owners, and the part or proportion of such vessel belonging to each owner) is (or are) the only owner (or owners) of the vessel called the (inserting here her name), of (inserting here the port to which she may belong), whereof (inserting here the name of the master) is at present master, and is a citizen of the United States, and that the said vessel was (inserting here when and where built), and (inserting here the name and office, if any, of the person by whom she shall have been surveyed or measured) having certified that the said vessel has (inserting here the number of decks) and (inserting here the number of masts), and that her length is (inserting here the number of feet), her breadth (inserting here the number of feet), her depth (inserting here the number of feet), and that she measures (inserting here her number of tons); that she is (describing here the particular kind of vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else, together with her build, and specifying whether she has any or no gallery or head); 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) having agreed to the description and measurement above specified, and sufficient security having been given, according to law, the said vessel has been duly registered at the port of (naming the port where registered). Given under my hand 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).

Act Dec. 31, 1792, c. 1, § 9, 1 Stat. 291. Act July 29, 1850, c. 27, § 5, 9 Stat. 441.

§ 7737. (R. S. § 4156.) Variation from form.

When the master of such vessel himself makes oath touching his being a citizen, the wording of the certificate shall be varied so as to be conformable to the truth of the case. 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.

Act Dec. 31, 1792, c. 1, § 9, 1 Stat. 291.

§ 7738. (R. S. § 4157.) Blank certificates of registry.

It shall be the duty of the Secretary of the Treasury to cause to be provided blank certificates of registry, and such other papers as may be necessary, executed in such manner and with such marks as he may direct. No certificate of registry shall be issued, except such as shall have been so provided and marked.

Act March 3, 1813, c. 50, § 1, 2 Stat. 818.

§ 7739. (R. S. § 4158.) Issuing certificates of registry.

The Secretary of the Treasury shall cause to be transmitted, from time to time, to the collectors of the several districts, a sufficient number of forms of the certificates of registry, 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 the certificate shall be signed and sealed, before they are issued; and where there is a naval officer at any port, they shall be countersigned by him; and where there is a surveyor, but no naval officer, they shall be countersigned by him. A copy of each certificate issued shall be transmitted to the Register, who shall cause a record to be kept of the same.

Act Dec. 31, 1792, c. 1, § 10, 1 Stat. 292.

§ 7740. (R. S. § 4159.) Registry upon purchase of vessel.

Whenever any 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, such vessel shall be entitled to be registered by the collector of the district where she may be, at the time of his becoming owner thereof, upon his complying with the provisions hereinbefore prescribed, in order to the registry of vessels. And the oath which is required to be taken may, at the option of such owner, be taken either before the collector of the district comprehending the port to which such vessel may belong, or before the collector of the district within which such vessel may be, either of whom is hereby empowered to administer such oath.

Act Dec. 31, 1792, c. 1, § 11, 1 Stat. 292.

§ 7741. (R. S. § 4160.) Surrender of certificate granted to purchaser.

Whenever any vessel, registered in pursuance of the provisions of the preceding section, shall arrive within the district comprehending the port to which she belongs, the certificate of registry, so obtained, shall be delivered up to the collector of such district, who, upon the requisites of this Title 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 who receives the same, to the collector 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 port to which she may belong, shall severally be liable to a penalty of one hundred dollars, and the certificate of registry shall be thenceforth void.

Act Dec. 31, 1792, c. 1, § 11, 1 Stat. 292.

§ 7742. (R. S. § 4161.) Registry by agent.

Whenever any vessel entitled to be registered is purchased by an agent or attorney for or on 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 comprehending the 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 district where such vessel may be, and he is hereby required, 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 in the stead of the owner there