Lapas attēli
PDF
ePub

ownership of such vessel without designating the names of the persons composing such company, when such vessel is owned by a corporation, which oath shall be deemed sufficient without requiring the oath of any other person interested or concerned in such vessel.

Act March 3, 1825, c. 99, § 4, 4 Stat. 129. Act June 24, 1902, c. 1155, $ 2, 32 Stat. 399.

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

"Previously to granting enrollment and license for any vessel, owned by any company, the president or secretary of such company shall.swear to the ownership of such vessel, by such company, without designating the names of the persons composing such company; which 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, $ 2, cited above.

See, also, notes to R. S. § 4311, ante, § 8057, and Act June 30, 1879, c. 54, post, $ 8146. § 8061. (R. S. § 4315, as amended, Act Feb. 27, 1877, c. 69, § 1.)

Death, etc., of president of corporation. Upon the death, removal, or resignation of the president or secretary of any incorporated company owning any steamboat or vessel, a new enrollment and license shall be taken out for such steamboat or vessel.

Act March 3, 1825, c. 99, § 3, 4 Stat. 129. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.

This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by inserting, after the words "company owning any," the words “steamboat or," as set forth here.

See, also, notes to R. S. 8 4311, ante, & 8057, and Act June 30, 1879, c. 54, post, $ 8146. § 8062. (R. S. § 4316.) Enrollment of steamboats owned by aliens.

Any steamboat employed or intended to be employed only in a river or bay of the United States, owned wholly or in part by an alien resident within the United States, may be enrolled and licensed, as if the same belonged to a citizen of the United States, subject to all the provisions of this Title, except that, in such case, no oath shall be required that the boat belongs to a citizen of the United States.

Act March 12, 1812, c. 40, § 1, 2 Stat. 694.

See notes to R. S. § 4311, ante, $ 8057, and Act June 30, 1879, c. 54, post, § 8146. § 8063. (R. S. § 4317.) Bond by alien owner.

Such resident alien, owner of any steamboat, upon application for enrollment or license, shall give bond to the collector of the district, for the use of the United States, in the penalty of one thousand dollars, with sufficient surety, conditioned that the boat shall not be employed in other waters than the rivers and bays of the United States.

Act March 12, 1812, c. 40, § 2, 2 Stat. 694.

See notes to R. S. § 4311, ante, $ 8057, and Act June 30, 1879, c. 54, post, § 8146. § 8064. (R. S. § 4318, as amended, Act Feb. 27, 1877, c. 69, § 1.)

Enrollment of vessels on frontiers. Any vessel of the United States, navigating the waters on the north

[ocr errors]

ern, northeastern, and northwestern frontiers, otherwise than by sea, shall be enrolled and licensed in such form as other vessels; such enrollment and license shall authorize any such vessel to be employed either in the coasting or foreign trade on such frontiers, and no certificate of registry shall be required for vessels so employed. Such vessel shall be, in every other respect, liable to the regulations and penalties relating to registered and licensed vessels.

Act June 17, 1864, c. 130, § 1, 13 Stat. 134. Act Feb. 27, 1877, c. 69, 8 1, 19 Stat. 251.

This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by striking out, after the words "and no certificate of,” the word "register,” and by substituting in lieu thereof the word “registry," as set forth here.

See, also, notes to R. S. & 4311, ante, $ 8057, and Act June 30, 1879, c. 54, post, $ 8146. § 8065. (R. S. § 4319, as amended, Act Feb. 27, 1877, c. 69, § 1.)

Form of enrollment of vessels. The record of the enrollment of a vessel shall be made, and an abstract or copy thereof granted, as nearly as may be in the following form: Enrollment. In conformity to Title L, "Regulation of vessels in domestic commerce," of the Revised Statutes of the United States, (inserting here the name of the person, with his occupation and place of abode, by whom the oath or affirmation is to be niade,) having taken and subscribed the oath (or affirmation) required by law, and having sworn (or affirmed) 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) a citizen (or citizens) of the United States, and sole owner (or owners) of the ship or vessel called the (inserting here her name), of (inserting here the name of 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 ship or 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 and measured), having certified that the said ship or 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 shall have been countersigned), having agreed to the description and measurement above specified, and sufficient security having been given, according to the said title, the said ship or vessel has been duly enrolled at the port of (naming the port where enrolled). 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 Feb. 18, 1793, c. 8, § 2, 1 Stat. 305. Act July 29, 1850, c. 27, § 5, 9 Stat. 441. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 251.

This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by inserting, after the words “as nearly as may be in the following,” the word form," and by striking out, after the words "sufficient security having been given, according to the said,” the word "act," and substituting therefor the word "title," as set forth here.

The form of enrollment prescribed by this section, and the form of license prescribed by R. S. $ 4321, post, § 8069, were to be consolidated, and such consolidated form was to be issued to vessels of the United States in lieu of the separate enrollment and license, by Act April 24, 1906, c. 1865, § 1, as amended, post, $ 8066.

See, also, notes to R. S. § 4311, ante, $ 8057, Act April 18, 1874, c. 110,

post, $ 8145, and Act June 30, 1879, c. 54, post, $ 8146. § 8066. (Act April 24, 1906, c. 1865, § 1, as amended, Act Feb. 29,

1912, c. 47.) Consolidation of forms of enrollment and of li

cense. Under the direction of the Secretary of Commerce and Labor the Commissioner of Navigation is hereby authorized and directed from time to time to consolidate into one document in the case of any vessel of the United States the form of enrollment prescribed by section forty-three hundred and nineteen of the Revised Statutes and the form of license prescribed by section forty-three hundred and twenty-one of the Revised Statutes, and such consolidated form shall hereafter be issued to a vessel of the United States in lieu of the separate enrollment and license now prescribed by law, and shall be deemed sufficient compliance with the requirements of laws relating to the subject. (34 Stat. 136. 37 Stat. 70.)

This was the first section of an act entitled "An act to simplify the issue of enrollments and licenses of vessels of the United States.”

Section 2 of the act amended R. S. § 4325, and is incorporated in that section as set forth post, $ 8073.

Section 3 of the act is set forth post, $ 8067.

Section 4 of the act provided that the act should take effect on and after January 1, 1907.

This section, as originally enacted, contained, after the words "any vessel of the United States," the further clause, "of twenty net register tons or over." Said words last quoted were stricken out by amendment by Act Feb. 29, 1912, c. 47, last cited above.

R. S. § 4319, mentioned in this section, prescribing the form of enrollment for vessels of the United States is set forth apte, & 8065. R. S. § 4321, also mentioned in this section, prescribing the form of license for vessels of the

United States, is set forth post, $ 8069. § 8067. (Act April 24, 1906, c. 1865, § 3.) Compensation of customs

officers for services connected with enrollment and license of

vessels not affected. This Act shall not be construed to amend any law now in force concerning the compensation of officers of the customs for service connected with the enrollment and license of vessels. (34 Stat. 136.)

See notes to section 1 of this act, ante, $ 8066.

Provisions relating to the fees for the services mentioned in this section and other services by customs officers were made by the Shipping Act of June 19, 1886, c. 421, § 1, post, $ 8138, and by Act March 4, 1907, c. 2918, § 1, post, § 8140.

§ 8068. (R. S. § 4320, as amended, Act Feb. 27, 1877, c. 69, § 1, and

Act Jan. 16, 1895, c. 24, § 3.) License of vessels; oath not to

defraud revenue. No licensed vessel shall be employed in any trade whereby the revenue laws of the United States shall be defrauded. The master of every such vessel shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it was specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessels be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong to grant a license.

Act Feb. 18, 1793, c. 8, 8 4, 1 Stat. 306. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 251. Act Jan. 16, 1895, c. 24, § 3, 28 Stat. 625.

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

In order to the licensing of any vessel for carrying on the coasting-trade or fisheries, the husband, or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become bound to pay to the United States, if such vessel be of the burden of five tons and less than twenty tons, the sum of one hundred dollars; and if twenty tons and not exceeding thirty tons, the sum of two hundred dollars ; and if above thirty tons and not exceeding sixty tons, the sum of five hundred dollars; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such vessel has been employed in any trade whereby the revenue of the United States has been defrauded, during the time the license granted to such vessel remained in force. The master of such vessel shall also swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it is specially granted, or in any trade or business whereby the revenue of the United States may be defrauded ; and if such vessel be less than twenty tons burden, the husband or managing owner shall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port whereto such vessel may belong, the duty of six cents per ton being first paid, to grant a license.”

It was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by striking out the words "the duty of six cents per ton being first paid.” It was again amended by Act Jan. 16, 1895, c. 24, § 3, also cited above, to read as set forth here.

See, also, notes to R. S. § 4311, ante, $ 8057, Act April 18, 1874, c. 110,

and Act June 30, 1879, c. 54, post, 88 8145, 8146. § 8069. (R. S. § 4321.) Form of license.

The form of a license for carrying on the coasting-trade or fisheries shall be as follows:

“License for carrying on the (here insert 'coasting trade,' 'whalefishery,’ ‘mackerel-fishery,' or 'cod-fishery,' as the case may be).

“In pursuance of Title L, 'Regulation of vessels in domestic commerce,' of the Revised Statutes of the United States, (inserting here the name of the husband or managing owner, with his occupation and place of abode, and the name of the master, with the place of his abode), having given bond that the insert here the description of

/

the vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else she may be), called the (insert here the vessel's name), whereof the said (naming the master) is master, burden (insert here the number of tons, in words) tons, as appears by her enrollment, dated at (naming the district, day, month and year, in words at length, but if she be less than twenty tons, insert, instead thereof, 'proof being had of her admeasurement), shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any other vessel, or for any other employment, than is herein specified, license is hereby granted for the said (inserting here the description of the vessel) called the (inserting here the vessel's name), to be employed in carrying on the inserting here 'coasting-trade,' 'whale-fishery,' 'mackerelfishery,' or 'cod-fishery,' as the case may be), for one year from the date hereof, and no longer. Given under my hand and seal, at (naming the said district), this (inserting the particular day) day of (naming the month), in the year (specifying the number of the year in words at length").

Act Feb. 18, 1793, c. 8, § 4, 1 Stat. 307. Act May 24, 1828, c. 119, 4 Stat. 312. Act Feb. 28, 1887, c. 288, § 2, 24 Stat. 435.

This section was amended by Act Feb. 28, 1887, c. 288, § 2, cited above, for a period of five years from and after March 1, 1888, by inserting before the last sentence the following: "This license does not grant the right to fish for mackerel, other than for what is known as Spanish mackerel, between the first day of March and the first day of June, inclusive, of this year." The time during which this amendment was to continue in force having expired, the clause inserted by said amendment is omitted.

The form of license prescribed by this section, was consolidated with the form of enrollment prescribed by R. S. § 4319, ante, $ 8065, and such consolidated form was to be issued to vessels of the United States in lieu of the separate enrollment and license, by Act April 24, 1906, c. 1865, § 1, as amended, ante, $ 8066.

See, also, notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110,

and Act June 30, 1879, c. 54, post, $$ $145, 8146. § 8070. (R. S. § 4322.) Exchange of enrollment and registry.

The collectors of the several districts may enroll and license any vessel that may be registered, upon such registry being given up, or may register any vessel that may be enrolled, upon such enrollment and license being given up.

Act Feb. 18, 1793, c. 8, § 3, 1 Stat. 306.

See notes to R. S. § 4311, ante, $ 8057, Act April 18, 1874, c. 110, and Aci June 30, 1879, c. 54, post, $S 8145, 8146. § 8071. (R. S. § 4323.) Exchange when vessel is in another dis

trict. When any vessel shall be in any other district than the one to which she belongs, the collector of such district, on the application of the master thereof, and upon his taking an oath that, according to his best knowledge and belief, the property remains as expressed in the register or enrollment proposed to be given up, and upon his giving the bonds required for granting registers, shall make the exchange of an enrollment for a register or a register for an enrollment; but in every such case, the collector to whom the register or enrollment

« iepriekšējāTurpināt »