Lapas attēli
PDF
ePub

§ 8074 and license may be given up shall transmit the same to the Register of the Treasury; and the register, or enrollment and license, granted in lieu thereof, shall, within ten days after the arrival of such vessel within the district to which she belongs, be delivered to the collector of the district, and be by him canceled. If the master shall neglect to deliver the register or enrollment and license within such time, he shall be liable to a penalty of one hundred dollars.

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 Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8072. (R. S. § 4324.)

Expiration of license.

No license, granted to any vessel, shall be considered in force any longer than such vessel is owned, and of the description set forth in such license, or for carrying on any other business or employment than that for which she is specially licensed.

Act Feb. 18, 1793, c. 8, § 5, 1 Stat. 307.

See notes to R. S. § 4311, ante, § 8057, Act Apr. 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8073. (R. S. § 4325, as amended, Act April 24, 1906, c. 1865, § 2.) Renewal of license; surrender of license in case of change of build, ownership, district, trade, etc.

The license granted to any vessel shall be presented for renewal by endorsement to the collector of customs of the district in which the vessel then may be within three days after the expiration of the time for which it was granted, or, if she be absent at that time, within three days from her first arrival within a district. In case of change of build, ownership, district, trade, or arrival under temporary papers in the district where she belongs the license shall be surrendered. If the master shall fail to deliver the license he shall be liable to a penalty of ten dollars, which shall not be mitigated.

Act Feb. 18, 1793, c. 8, § 9, 1 Stat. 308. Act April 24, 1906, c. 1865, § 2, 34 Stat. 136.

This section, as enacted in the Revised Statutes, was as follows: "The license granted to any vessel shall be given up to the collector of the district who may have granted the same, within three days after the expiration of the time for which it was granted, in case such vessel be then within the district, or if she be absent at that time, within three days from her first arrival within the district afterward, or if she be sold out of the district, within three days after the arrival of the master within any district, to the collector of such district, taking his certificate therefor; and if the master thereof shall neglect or refuse to deliver up the license, he shall be liable to a penalty of fifty dollars."

It was amended by Act April 24, 1906, c. 1865, § 2, 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, §§ 8145, 8146.

§ 8074. (R. S. § 4326.) Loss of license.

If such license, however, shall have been previously given up to the collector of any other district, as authorized by this Title, and a certificate thereof under the hand of such collector be produced by such master, or if such license be lost, or destroyed, or unintentionally mislaid so that it cannot be found, and the master of such vessel shall make and subscribe an oath that such license is lost, destroyed,

or unintentionally mislaid, as he verily believes, and that the same, if found, shall be delivered up, as is herein required, then the penalty prescribed in the preceding section shall not be incurred. If such license shall be lost, destroyed, or unintentionally mislaid, before the expiration of the time for which it was granted, upon the like oath being made and subscribed by the master of such vessel, the collector, upon application being made therefor, shall license such vessel anew. Act Feb. 18, 1793, c. 8, § 9, 1 Stat. 308.

See notes to R. S. § 4311, arte, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8075. (R. S. § 4327.) Renewal of license.

The owner of any licensed vessel may return such license to the collector who granted the same, at any time within the year for which it was granted; and thereupon the collector shall cancel the same, and shall license such vessel anew, upon the application of the owner, and upon the conditions hereinbefore required being complied with.

Act Feb. 18, 1793, c. 8, § 10, 1 Stat. 309. Act July 18, 1866, c. 201, § 43, 14 Stat. 188.

See notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8076. (R. S. § 4328.) Renewal when vessel is in another district. Whenever it becomes necessary for the owner of any vessel of the United States navigating the western rivers or the waters on the northern, northeastern, and northwestern frontiers of the United States otherwise than by sea, and being in a district other than that to which such vessel belongs, to procure her enrollment and license, or license, or renewal thereof, the same proceedings may be had in the district in which the vessel then is, as are required by law on application for such enrollment and license, or license, or renewal thereof, as the case may be, in the district to which such vessel belongs, excepting the giving of bond and the enrollment and issuance of license; and the officer before whom such proceeding is had shall certify the same to the collector of the district to which such vessel belongs, who shall thereupon, on the owner giving bond as required in other cases, duly enroll the vessel and issue license in the same form as if the application had originally been made in his office; and shall either deliver the license to the owner, or forward it by mail to the officer who certified to him the preliminary proceedings; and in the latter case, such officer shall deliver the license to the owner or master of the vessel.

Act Feb. 28, 1865, c. 69, 13 Stat. 444.

The provisions of this section were extended to include all vessels of the United States navigating the waters of the United States, by Act April 17, 1874, c. 106, post, § 8077.

See, also, notes to R. S. § 4311, ante, § 8057, and Act June 30, 1879, c. 54, post, 8146.

§ 8077. (Act April 17, 1874, c. 106.) Renewal of enrollment and license when vessel is in another district; application to all United States vessels.

The provisions of the act relating to the enrollment and license

of vessels navigating the western rivers and the waters on the northern, northeastern, and northwestern frontiers of the United States, otherwise than by sea, approved February twenty-eighth, eighteen hundred and sixty-five are hereby extended to include all vessels of the United States navigating the waters of the United States. (18 Stat. 30.)

This was an act entitled "An act to amend an act entitled 'An act relating to the enrollment and license of certain vessels." "

The provisions of the act which this act so purported to amend, and which are also referred to in the text of this act, Act Feb. 28, 1865, c. 69, 13 Stat. 444, were incorporated into the Revised Statutes as section 4328 thereof, ante, § 8076.

§ 8078. (R. S. § 4329.) Renewal upon sale of vessel.

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 certificate of enrollment or license of such vessel is retained by the former owner, the Secretary may direct the collector of the district to which such vessel belongs to grant a new certificate of enrollment or license, on the owner's, under such sale, complying with such terms and conditions as are by law required for granting of such papers, excepting only the delivering up of the former certificate of enrollment or license. But nothing in this section shall be construed to remove the liability of any person to any penalty for not surrendering up the papers belonging to any vessel, on a transfer or sale of the same.

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

See notes to R. S. § 4311, ante, § 8057, and Act June 30, 1879, c. 54, post, § 8146.

§ 8079. (R. S. § 4330.) Oath as to payment for repairs.

No license, or enrollment and license, nor renewal of either, shall hereafter be issued to any vessel until the collector to whom application is made for the same is satisfied, from the oath of the owner or master, that all equipments and repairs, made in a foreign port within the year immediately preceding such application, have been duly accounted for, and the duties accruing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited.

Act July 18, 1866, c. 201, § 23, 14 Stat. 184.

Provisions relating to duties on equipments, and remission thereof for repairs, were made by R. S. §§ 3114, 3115, ante, §§ 5826, 5827.

See, also, notes to R. S. § 4311, ante, § 8057, and Act June 30, 1879, c. 54, post, 8146.

§ 8080. (R. S. § 4331.) Measurement of vessels less than twenty

tons.

Before any vessel, of the burden of five tons, and less than twenty tons, shall be licensed, the same measurement shall be made of such vessel, and the same provisions observed relative thereto, as are to be observed in case of measuring vessels to be registered or enrolled; but in all cases, where such vessel or any other licensed vessel shall have been once measured, it shall not be necessary to measure such vessel anew, for the purpose of obtaining another en(3585)

COMP.ST.'13-225

rollment or license, unless such vessel shall have undergone some alteration as to her burden, subsequent to the time of her former license.

Act Feb. 18, 1793, c. 8, § 26, 1 Stat. 315. Act May 6, 1864, c. 83, § 1, 13 Stat. 69.

The provisions relating to measurement of vessels before registration or enrollment thereof are contained in R. S. §§ 4148-4154, and subsequent acts, ante, $$ 7725-7733.

See, also, notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8081. (R. S. § 4332.) Signatures to enrollment, license, etc.

In every case where the collector is by this Title directed to grant any enrollment, license, certificate, permit, or other document, the naval officer residing at the port, if there be one, shall sign the same; and every surveyor who certifies a manifest, or grants any permit, or who receives any certified manifest, or any permit, as is provided for in this Title, shall make return thereof monthly, or sooner, if it can conveniently be made, to the collector of the district where such surveyor resides.

Act Feb. 18, 1793, c. 8, § 25, 1 Stat. 315.

See notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8082. (R. S. § 4333.) Record of licenses.

The collector of each district shall progressively number the licenses by him granted, beginning anew at the commencement of each year, and shall make a record thereof in a book, to be by him kept for that purpose, and shall, once in three months, transmit to the Register of the Treasury copies of the licenses which shall have been so granted by him; and also of such licenses as shall have been given up or returned to him, respectively, in pursuance of this Title. Whenever any vessel is licensed or enrolled anew, or being licensed or enrolled is afterward registered, or being registered is afterward enrolled or licensed, she shall, in every such case, be enrolled, licensed, or registered by her former name.

Act Feb. 18, 1793, c. 8, § 7, 1 Stat. 308.

See notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8083. (R. S. § 4334.) Name and port to be painted on stern of vessel.

Every licensed vessel shall have her name, and the port to which she belongs, painted on her stern, in the manner prescribed for registered vessels; and if any licensed vessel be found without such painting, the owner thereof shall be liable to a penalty of twenty dollars.

Act Feb. 18, 1793, c. 8, § 11, 1 Stat. 309.

The word "port" as used in this section, was defined to mean either the port where the vessel is registered or enrolled, or the place in the same district where the vessel was built or where one or more of the owners reside, by Act June 26, 1884, c. 121, § 21, ante, § 7759.

Provisions requiring the name and port of enrolled vessels to be painted on the stern were made by R. S. § 4178, ante, § 7758.

See, also, notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8156, 8157.

§ 8084. (R. S. § 4335.) Change of master.

Whenever the master of any licensed vessel, ferry-boats excepted, is changed, the new master, or, in case of his absence, the owner or one of the owners thereof, shall report such change to the collector residing at the port where the same happens, if there be one; otherwise, to the collector residing at any port where such vessel next arrives, who, upon the oath of such new master, or, in case of his absence, of the owner, that such master is a citizen of the United States, and that such vessel shall not, while such license continues in force, be employed in any manner whereby the revenue of the United States may be defrauded, shall indorse such change on the license, with the name of the new master. Whenever such change is not reported, and indorsed, as herein required, such vessel, if found carrying on the coasting-trade or fisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States having a register, and the new master shall be liable to a penalty of ten dollars.

Act Feb. 18, 1793, c. 8, § 12, 1 Stat. 309.

See notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8085. (R. S. § 4336.) Inspection.

Any officer concerned in the collection of the revenue may at all times inspect the enrollment or license of any vessel; and if the master of any such vessel shall not exhibit the same, when required by such officer, he shall be liable to a penalty of one hundred dollars. Act Feb. 18, 1793, c. 8, § 13, 1 Stat. 309.

See notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8086. (R. S. § 4337.) Penalty for unlawfully proceeding upon foreign voyage.

If any vessel, enrolled or licensed, shall proceed on a foreign voyage, without first giving up her enrollment and license to the collector of the district comprehending the port from which she is about to proceed on such voyage, and being duly registered by such collector, every such vessel, together with her tackle, apparel, and furniture, and the merchandise so imported therein, shall be liable to seizure and forfeiture.

Act Feb. 18, 1793, c. 8, § 8, 1 Stat. 308.

See notes to R. S. § 4311, ante, § 8057, Act April 18, 1874, c. 110, and Act June 30, 1879, c. 54, post, §§ 8145, 8146.

§ 8087. (R. S. § 4338.) eign voyage.

Certificate for vessel proceeding upon for

If the port from which any vessel, so enrolled or licensed is about to proceed on a foreign voyage, is not within the district where such vessel is enrolled, the collector of such district shall give to the master of such vessel a certificate, specifying that the enrollment and license of such vessel has been received by him, and the time when it was so received; which certificate shall afterward be delivered by

« iepriekšējāTurpināt »