vided, however, That the names on each bow may be marked within the year eighteen hundred and ninety-seven.

Act 'Dec. 31, 1792, c. 1, § 3, 1 Stat. 288. Act Feb. 21, 1891, c. 250, § 1, 26 Stat. 765. Act Jan. 20, 1897, c. 67, § 1, 29 Stat. 491.

This section, as enacted in the Revised Statutes, provided that the name of every registered vessel, and of the port to which she belongs, should be painted on her stern, on a black ground, in white letters, of not less than three inches in length; and that the owners of any United States vessel found without said names so painted should be liable to a penalty of $50, one-half to the informer, and one-half to the United States. It was amended by Act Feb. 21, 1891, c. 250, cited above, to read as set forth here, except that the second sentence thereof read as follows: "These names shall be painted, or carved and gilded, in Roman letters in a light color on a dark ground, or in a dark color on a light ground, and to be distinctly visible. The smallest letters used shall not be less in size than four inches;" and the proviso read as follows: "Provided, however, That the names on each bow may be marked within the year eighteen hundred and ninety-one." Said amending act was amended by Act Jan. 20, 1897, c. 67, § 1, last cited above, so as to make the section read as set forth here.

The provisions of this section are applicable to licensed vessels, by R. S. 4334, post, § 8083.

The word "port," as used in this section, means 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, post, § 7759.

Pleasure vessels or yachts are required to have their names and port placed on some conspicuous portion of their hulls, by R. S. § 4214, as amended, post, § 7804.

The draft of every registered vessel was required to be marked upon the stern and stern post, by Act Feb. 21, 1891, c. 250, § 2, as amended by Act Jan. 20, 1897, c. 67, § 2, post, § 7760.

Registry of private codes, rockets, lights, house flags and funnel marks, was provided for by Act May 28, 1908, c. 212, § 7, post, § 7761. § 7759. (Act June 26, 1884, c. 121, § 21.) "Port” defined.

The word "port," as used in sections forty-one hundred and seventy-eight and forty-three hundred and thirty-four of the Revised Statutes, in reference to painting the name and port of every registered or licensed vessel on the stern of such vessel, shall be construed 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. (23 Stat. 58.)

This section was part of the Shipping Act of 1884, to remove certain burdens on the American merchant marine, etc.

R. S. & 4178, mentioned in this section, is set forth ante, § 7758.

R. S. § 4334, also mentioned in this section, is set forth post, § 8093. § 7760. (Act Feb. 21, 1891, c. 250, § 2, as amended, Act Jan. 20, 1897, c. 67, § 2.) Draft of vessels to be marked on stem and stern posts.

The draft of every

registered vessel shall be marked upon the stem and stern post, in English feet or decimeters, in either arabic or roman numerals. The bottom of each numeral shall indicate the draft to that line.

(26 Stat. 765. 29 Stat. 491.)

This section, as enacted in the Revised Statutes read as set forth here, with the following additional clause:

"The owner, agent, or master of every inspected sea-going steam or sail vessel shall indicate the draught of water at which he shall deem his vessel safe to be loaded for the trade she is engaged in, which limit as indicated shall

be stated in the vessel's certificate of inspection, and it shall be unlawful for such vessel to be loaded deeper than stated in said certificate."

This provision was omitted in the amending act, Act Jan. 20, 1897, c. 67, § 2, last cited above.

Section 1 of said amendatory Act Feb. 21, 1891, c. 250, amended R. S. § 4178, ante, § 7758.

§ 7761. (Act May 28, 1908, c. 212, § 7.) Private signals, etc., of vessels, and registry thereof.

That thirty days after the passage of this Act if a shipowner desires to use for the purpose of a private code any rockets, lights, or other similar signals, he may register those signals and house flags and funnel marks with the Commissioner of Navigation, who shall give public notice from time to time of the signals, house flags, and funnel marks so registered in such manner as he may think requisite for preventing those signals from being mistaken for signals of distress or signals for pilots. The Commissioner of Navigation may refuse to register any signals which in his opinion can not easily be distinguished from signals of distress, signals for pilots, or signals prescribed by laws for preventing collisions. (35 Stat. 426.)

This section is part of an act entitled "An act to amend the laws relating to navigation, and for other purposes."

§ 7762. (R. S. § 4179.) Change of name of registered vessel.

No master, owner, or agent of any vessel of the United States shall in any way change the name of such vessel, or by any device, advertisement, or contrivance to deceive or attempt to deceive the public, or any officer or agent of the United States, or of any State, or any corporation or agent thereof, or any person or persons, as to the true name or character of such vessel, on pain of the forfeiture of such vessel.

Act May 5, 1864, c. 78, § 2, 13 Stat. 64.

This section is modified by Act March 2, 1881, c. 107, post, §§ 7763, 7764, permitting the change of names of vessels under certain conditions and restrictions.

§ 7763. (Act March 2, 1881, c. 107, § 1.) Change of name of vessel permitted.

The Secretary of the Treasury be, and hereby is, authorized to permit the owner or owners of any vessel duly enrolled and found seaworthy and free from debt to change the name of the same when in his opinion there shall be sufficient cause for so doing. (21 Stat. 377.)

This section and the section next following were an act entitled "An act to authorize the Secretary of the Treasury to change the names of vessels under certain circumstances."

This section modified R. S. § 4179, ante, § 7762.

§ 7764. (Act March 2, 1881, c. 107, § 2.) Regulations for change of name.

The Secretary of the Treasury shall establish such rules and regulations and procure such evidence as to the age, condition, where built, and pecuniary liability of the vessel as he may deem necessary to prevent injury to public or private interests: and when permission is granted by the Secretary he shall cause the order for

the change of name to be published at least in four issues in some daily or weekly paper at the place of register; and the cost of procuring evidence and advertising the change of name to be paid by the person or persons desiring such change of name. (21 Stat. 377.)

§ 7765. (R. S. § 4180.) Oath to obtain record of vessel owned by foreigner.

Every vessel built in the United States, and belonging wholly or in part to the subjects of foreign powers, in order to be entitled to the benefits of a ship built and recorded in the United States, shall be recorded in the office of the collector of the district in which such vessel was built, in the manner following: The builder of every such vessel shall make oath before the collector of such district in manner following: "I, (inserting here the name of such builder), of (inserting here the place of his residence), shipwright, do swear (or affirm) that (describing here the kind of vessel, as whether ship, brig, snow, schooner, sloop, or whatever else) named (inserting here the name of the ship or vessel), having (inserting here the number of decks), and being in length (inserting here the number of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet), and measuring (inserting here the number of tons), having (specifying whether any or no) gallery, and (also specifying whether any or no) head, was built by me or under my direction at (naming the place, county, and State), in the United States, in the year (inserting here the number of the year)." Which oath shall be subscribed by the person making the same, and shall be recorded in a book to be kept by the collector for that purpose.

Act Dec. 31, 1792, c. 1, § 20, 1 Stat. 296.

§ 7766. (R. S. § 4181.) Measurement for record.

The collector shall cause the vessel so built to be surveyed or measured, and the person by whom such measurement is made shall grant a certificate thereof, as in the case of a vessel to be registered, which certificate shall be countersigned by the builder, and by an owner or the master or person having the command or charge thereof, or by some other person being an agent for the owner thereof, in testimony of the truth of the particulars therein contained.

Act Dec. 31, 1792, c. 1, § 21, 1 Stat. 296.

§ 7767. (R. S. § 4182.) Certificate of record.

A certificate of the record, attested under the hand and seal of the collector, shall be granted to the master of every such vessel, as nearly as may be, of the form following: "In pursuance of chapter one, Title XLVIII, 'Regulation of Commerce and Navigation,' of the Revised Statutes of the United States, I, (inserting here the name of the collector of the district), of (inserting here the name of the district), in the United States, do certify that (inserting here the name of the builder), of (inserting here the place of his residence, county, and State), having sworn (or affirmed) that the (describing the ship or vessel, as in the certificate of record) named (inserting here her name), whereof (inserting here the name of her master) is, at present,

master, was built at (inserting here the name of the place, county, and State where built), by him or under his direction, in the year (inserting here the number of the year); and (inserting here the name of the surveyor, or other person, by whom the measurement shall have been made) having certified that the said ship or vessel has (inserting here her number of decks), is in length (inserting here the number of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet), and measures (inserting here the number of tons): And the said builder and (naming and describing the owner, or master, or agent for the owner or owners, as the case may be, by whom the said certificate shall have been countersigned) having agreed to the said description and admeasurement, the said vessel has been recorded, in the district of (inserting here the name of the district where recorded), in the United States. Witness my hand and seal this (inserting here the day of the month) day of (inserting here the name of the month), in the year (inserting here the number of the year)." Which certificate shall be recorded in the office of the collector, and a duplicate thereof transmitted to the Register of the Treasury to be recorded in his office.

Act Dec. 31, 1792, c. 1, § 22, 1 Stat. 296.

§ 7768. (R. S. § 4183.) Change of master or name of recorded vessel.

Whenever the master or the name of a vessel so recorded is changed, the owner, part owner, or consignee of such vessel shall cause a memorandum thereof to be indorsed on the certificate of the record, by the collector of the district where such vessel may be, or at which she shall first arrive if such change took place in a foreign country; and a copy thereof shall be entered in the book of records, a transcript whereof shall be transmitted by the collector to the collector of the district where such certificate was granted, if not the same person, who shall enter the same in his book of records, and forward a duplicate of such entry to the Register of the Treasury; and in such case, until the owner, part owner, or consignee shall cause the memorandum to be made by the collector, in the manner above prescribed, such vessel shall not be deemed a vessel recorded, in pursuance of this Title.

Act Dec. 31, 1792, c. 1, § 23, 1 Stat. 297.

§ 7769. (R. S. § 4184.) Production of certificate upon entry.

The master or other person having the command or charge of any vessel, recorded in pursuance of this Title, shall, on entry of such vessel, produce the certificate of such record to the collector of the district where she is so entered; and in default thereof the vessel shall not be entitled to the privileges of a recorded vessel.

Act Dec. 31, 1792, c. 1, § 24, 1 Stat. 297.

§ 7770. (R. S. § 4185.) Fees of collector.

The fees to be allowed and paid to collectors for services pertaining to the registry or record of vessels shall be as follows: For each certificate of registry or record, two dollars; for each indorse

ment upon a certificate of registry or record, one dollar; and for taking any bond required by this Title, twenty-five cents.

Act Dec. 31, 1792, c. 1, § 25, 1 Stat. 297.

Except as to collectors who were paid wholly or partly by fees this section was superseded by Act June 19, 1886, c. 421, § 1, as amended by Act April 4, 1888, c. 61, § 2, post, § 8138. Said section provided that collectors or other officers of customs, inspectors of steam-vessels, and shipping commissioners, paid wholly or partly by fees, should make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, and that the Secretary should allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of the act, and also such compensation to clerks of shipping commissioners and clerks of steamboat inspectors, and such allowances for fees of United States marshall and witnesses for services under the steamboat inspection laws, and for expenses of steamboat inspectors, provided for by R. S. § 4461, post, § 8222, as would have been paid them had not the act been passed, provided that such services were, in the opinion of the Secretary, necessarily rendered.

§ 7771. (R. S. § 4186.) Fees of surveyors.

The fees to be allowed and paid to surveyors shall be as follows: For the admeasurement and certifying the same, of any vessel of one hundred tons and under, one cent per ton; for the admeasurement of any vessel above one hundred tons and not exceeding two hundred tons, one dollar and fifty cents; for the admeasurement of any vessel above two hundred tons, two dollars; for all other services to be performed by such surveyor, on board any vessel of one hundred tons or upward, having on board goods, wares, or merchandise subject to duty, three dollars; for the like services on board any vessel of less than one hundred tons burden, having on board goods, wares, or merchandise subject to duty, one and a half dollars; on all vessels not having on board goods, wares, or merchandise subject to duty, two-thirds of a dollar. All such fees shall be paid by the master or owner of the vessel in which the services shall be performed to the surveyor by whom they shall be performed, if performed by one only, for his sole benefit; but if performed by more than one, to him who shall have the first agency, to be divided in equal parts between him and the other or others by whom the services shall also be performed. But the charge for the measurement of tonnage and certifying the same shall not exceed the sum of one dollar and fifty cents for each transverse section under the tonnage-deck; and the sum of three dollars for measuring each between-decks above the tonnage-deck; and the sum of one dollar and fifty cents for each poop, or closed-in space available for cargo or stores, or for the berthing or accommodation of passengers, or officers and crew, above the upper or spar deck.

Act March 2, 1799, c. 23, § 2, 1 Stat. 706. Act May 6, 1864, c. 83, § 4, 13 Stat. 72.

The Secretary of the Treasury is required to promulgate a proper scale of fees to be paid for the readmeasurement of the spaces to be deducted from the gross tonnage of a vessel on the basis of the last sentence of this section, by Act Aug. 5, 1882, c. 398, § 3, post, § 7772.

The fees allowed by this section for tonnage measurements and for certificates thereof were abolished by Act June 19, 1886, c. 421, § 1, as amended by Act April 4, 1888, c. 61, § 2, post, § 8138, which however, provided that collectors or other officers of customs, inspectors of steam-vessels, and shipping commissioners, who are paid wholly or partly by fees, should make a detailed