of, with the requisites prescribed by this Title 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 thereof, and that he has, in good faith, purchased the vessel for the person whom he names and describes as the owner thereof.

Act Dec. 31, 1792, c. 1, § 12, 1 Stat. 293.

§ 7743. (R. S. § 4162.) Surrender of certificate granted to agent. 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 requirements 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 to the collector, who shall transmit 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, § 12, 1 Stat. 293.

§ 7744. (R. S. § 4163.) Forfeiture for false swearing by agent. If any of the matters of fact alleged in the oath taken by an agent or attorney to obtain the registry of a vessel which are within the knowledge of the party so swearing, are not true, there shall be a forfeiture of vessel, together with her tackle, apparel, and furniture, in respect to which the same was made, or of the value thereof, to be recovered, with costs of suit, of the person by whom such oath was made.

Act Dec. 31, 1792, c. 1, § 12, 1 Stat. 293.

7745. (R. S. § 4164.) Registry upon sale under legal process. Whenever it appears, by satisfactory proof, to the Secretary of the Treasury, that any vessel has been sold and transferred by process. of law, and that the register of such vessel is retained by the former owner, the Secretary may direct the collector of the district to which such vessel may belong to grant a new register, under such sale, on the owners complying with such terms and conditions as are by law required for granting such papers; excepting only the delivering up of the former certificate of registry. But nothing in this section shall be construed to remove the liability of any person to any penalty for not surrendering the papers belonging to any vessel, on a transfer or sale of the same.

Act March 2, 1797, c. 7, 1 Stat. 498.

§ 7746. (R. S. § 4165, as amended, Act March 3, 1897, c. 389, § 10.) Sale to foreigners.

A vessel registered pursuant to law, which by sale has become the property of a foreigner, shall be entitled to a new register upon after

wards becoming American property, unless it has been enlarged or undergone change in build outside of the United States.

Act June 27, 1797, c. 5, 1 Stat. 523. Act March 27, 1804, c. 52, § 2, 2 Stat. 297. Act March 3, 1897, c. 389, § 10, 29 Stat. 689.

This section, as enacted in the Revised Statutes, provided that no vessels registered pursuant to law, which by sale, etc., became the property of a foreigner, should be entitled to a new register upon again becoming American property. It was amended by Act March 3, 1897, c. 389, § 10, last cited above, to read as set forth here.

§ 7747. (R. S. § 4166.) Registry upon sale abroad.

When any vessel, registered pursuant to any law of the United States, shall, while she is without the limits of the United States, be sold or transferred in whole or in part to a citizen of the United States, such vessel on her first arrival in the United States thereafter, shall be entitled to all the privileges and benefits of a vessel of the United States: Provided, That all the requisites of law, in order to the registry of vessels, shall be complied with, and a new certificate of registry obtained for such vessel, within three days from the time at which the master or other person having the charge or command of such vessel is required to make his final report upon her first arrival afterward.

Act March 2, 1803, c. 18, § 3, 2 Stat. 210.

§ 7748. (R. S. § 4167.) Oath upon loss of register.

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 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 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 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 found again, and within my power, shall be delivered up to the collector of 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 in order to the registry of vessels being complied with, it shall be lawful for the collector of the district 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. Act Dec. 31, 1792, c. 1, § 13, 1 Stat. 294.

§ 7749. (R. S. § 4168.) Surrender of certificate obtained upon loss of original.

Whenever a register is granted in lieu of one lost or destroyed, by any other than the collector of the district to which the vessel actually belongs, such register shall, within ten days after her first

arrival within the district to which she belongs, be delivered up to the collector of such district, who shall, thereupon, grant a new register in lieu thereof. And 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 one hundred dollars; and the former register shall become null and void.

Act Dec. 31, 1792, c. 1, § 13, 1 Stat. 294.

§ 7750. (R. S. § 4169.) Penalty for not obtaining new registry. In every case in which a vessel is required to be registered anew, if she shall not be so registered anew, she shall not be entitled to any of the privileges or benefits of a vessel of the United States. And if her former certificate of registry is not delivered up, except where the same may have been destroyed, lost, or unintentionally mislaid, and an oath thereof shall have been made, as hereinbefore prescribed, the owner of such vessel shall be liable to a penalty of five hundred dollars, to be recovered, with costs of suit.

Act Dec. 31, 1792, c. 1, § 14, 1 Stat. 294.

§ 7751. (R. S. § 4170.) New registry upon sale or alteration of vessel.

Whenever any vessel, which has been registered, is, in whole or in part, sold or transferred to a citizen of the United States, or is altered in form or burden, by being lengthened or built upon, or from one denomination to another, by the mode or method of rigging or fitting, the vessel shall be registered anew, by her former name, according to the directions hereinbefore contained, otherwise she shall cease to be deemed a vessel of the United States. The former certificate of registry of such vessel shall be delivered up to the collector to whom application for such new registry is made, at the time that the same is made, to be by him transmitted to the Register of the Treasury, who shall cause the same to be canceled. In every such case of sale or transfer, there shall be some instrument of writing, in the nature of a bill of sale, which shall recite, at length, the certificate; otherwise the vessel shall be incapable of being so registered

anew.

Act Dec. 31, 1792, c. 1, § 14, 1 Stat. 294.

Besides the provisions of this section for new registry upon sale or transfer of a registered vessel, R. S. §§ 4192, 4193, 4196, post, §§ 7778, 7779, 7782, provided for recording bills of sale, mortgages, hypothecations, and conveyances of vessels; and vessels enrolled were made subject to the requirements prescribed for registered vessels, by R. S. § 4312, post, § 8058.

7752. (R. S. § 4171.) Change of master.

When the master or person having the charge or command of a registered vessel is changed, the owner, or one of the owners, or the new master of such vessel, shall report such change to the collector of the district where the same has happened, or where the vessel shall first be after the same has happened, and shall produce to him the certificate of registry of such vessel, and shall make oath, showing that such new master is a citizen of the United States, and the manner in which or means whereby he is so a citizen. Thereupon the collector shall indorse upon the certificate of registry a memo

randum of such change, specifying the name of such new master, and shall subscribe the memorandum with his name; and if other than the collector of the district by whom the certificate of registry was granted, shall transmit a copy of the memorandum to him, with notice of the particular vessel to which it relates; and the collector of the district, by whom the certificate shall have been granted, shall make a like memorandum of such change in his book of registers, and shall transmit a copy thereof to the Register of the Treasury. If the change is not reported, or if the oath is not taken, as above directed, the registry of such vessel shall be void, and the master or person having the charge or command of her shall be liable to a penalty of one hundred dollars.

Act Dec. 31, 1792, c. 1, § 15, 1 Stat. 295.

§ 7753. (R. S. § 4172.) Failure to report sale to foreigners.

If any vessel registered as a vessel of the United States shall be sold or transferred, in whole or in part, by way of trust, confidence, or otherwise, to a subject or citizen of any foreign prince or state, and such sale or transfer shall not be made known, as hereinbefore directed, such vessel, together with her tackle, apparel, and furniture, shall be forfeited. If such vessel, however, be so owned in part only, and it is made to appear to the jury before whom the trial for such forfeiture is had, that any other owner of such vessel, being a citizen of the United States, was wholly ignorant of the sale or transfer to or ownership of such foreign subject or citizen, the share or interest of such citizen of the United States shall not be subject to such forfeiture, and the residue only shall be so forfeited.

Act Dec. 31, 1792, c. 1, § 16, 1 Stat. 295.

§ 7754. (R. S. § 4173.) Oath upon entry.

Upon the entry of every vessel of the United States from any foreign port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owner shall make oath that the register of such vessel contains the name or names of all the persons who are then owners of the vessel; or if any part of such vessel has been sold or transferred since the granting of such register, that such is the case, and that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way of trust, confidence, or otherwise, in such vessel. If the owner or any part owner does not reside at the port at which such vessel enters, the master shall make oath to the like effect. If the owner, or part owner, where there is one, or the master, where there is no owner, refuses so to swear, such vessel shall not be entitled to the privileges of a vessel of the United States.

Act Dec. 31, 1792, c. 1, § 17, 1 Stat. 295.

§ 7755. (R. S. § 4174.) Transmission of surrendered certificate to Treasury.

Every certificate of registry which is delivered up to a collector on the loss, destruction, or capture of a vessel, or the transfer thereof to a foreigner, shall be forthwith transmitted to the Register of the Treasury, to be canceled; who, if the same shall have been de

livered up to a collector other than of the district in which it was granted, shall cause notice of such delivery to be given to the collector of such district.

Act Dec. 31, 1792, c. 1, § 7, 1 Stat. 290.

(R. S. § 4175. Superseded.)

This section provided for the cancellation of the bond required by R. S. § 4145, as a condition precedent to registry, on surrender of the registry of a vessel. R. S. § 4145, was repealed by Act Jan. 16, 1895, c. 24, § 1, and this section is therefore omitted, as no longer operative.

§ 7756. (R. S. § 4176.) Numbering registers.

The collector of each district shall progressively number the certificates of the registry by him granted, 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.

Act Dec. 31, 1792, c. 1, § 19, 1 Stat. 296.

§ 7757. (R. S. § 4177, as amended, Act June 19, 1886, c. 421, § 6.) Numbers for vessels; penalty.

The Secretary of the Treasury shall have power, under such regulations as he shall prescribe, to establish and provide a system of numbering vessels so registered, enrolled, and licensed; and each vessel so numbered shall have her number deeply carved or otherwise permanently marked on her main beam; and if at any time she shall cease to be so marked, such vessel shall be liable to a fine of thirty dollars on every arrival in a port of the United States if she have not her proper official number legally carved or permanently marked.

Act July 28, 1866, c. 298, § 13, 14 Stat. 331. Act June 19, 1886, c. 421, § 6, 24 Stat. 81.

This section was amended by Act June 19, 1886, c. 421, § 6, by striking out, after the words "shall cease to be so marked," the words "such vessel shall be no longer recognized as a vessel of the United States," and inserting in lieu thereof the words "such vessel shall be liable to a fine of thirty dollars on every arrival in a port of the United States if she have not her proper official number legally carved or permanently marked."

The fine prescribed by this section, as so amended, might be remitted or mitigated by the Secretary of the Treasury, when the offense was not willfully committed, by section 9 of said amendatory act, post, § 8126.

§ 7758. (R. S. § 4178, as amended, Act Feb. 21, 1891, c. 250, § 1, Act Jan. 20, 1897, c. 67, § 1.) Names and home ports of vessels to be marked on bow and stern.

The name of every documented vessel of the United States shall be marked upon each bow and upon the stern, and the home port shall also be marked upon the stern. These names shall be painted or gilded, or consist of cut or carved or cast roman letters in light color on a dark ground, or in a dark color on a light ground, secured in place, and to be distinctly visible. The smallest letters used shall not be less in size than four inches. If any such vessel shall be found without these names being so marked the owner or owners shall be liable to a penalty of ten dollars for each name omitted: ProCOMP.ST.'13-217 (3457)