Sivut kuvina
PDF
ePub

temporary certifi

Third. In case an enrolled and licensed vessel shall arrive in any other district than that to which she belongs, and the master of the vessel shall surrender the enrolment and license, and make oath or affirmation, per Form 10, that the property remains as expressed in the surrendered enrolment.

On surrender of Temporary certificates of registry are to be surrendered cates of registry. to the collector of the district where the vessel belongs, on her arrival, or within ten days after her arrival, within said district, as the law provides.

On the sale

or

transfer of a registered

trust or otherwise

to a foreigner.

81, 1792.

35. On the sale or transfer in whole or in part by way Vessel of trust, confidence, or otherwise, of a registered vessel Sec. 16 Act Dec. to a subject or citizen of a foreign prince or State, the certificate of registry must, if the said vessel be within a district of the United States, be delivered up to the collector of said district within seven days after such purchase or transfer; but if such sale or transfer happen while the vessel is in a foreign port or place, or at sea, the master or person in command or charge thereof shall deliver up the certificate of registry, within eight days after his arrival within any district of the United States, to the collector thereof; and if such sale or transfer shall not be so made known, such ship or vessel, together with her tackle, apparel, and furniture, will be subject by law to forfeiture.

This forfeiture, however, does not by the law attach to any share of such vessel owned by a citizen of the United States who is found by the jury, before whom the trial is had, to have been wholly ignorant of the sale or transfer to, or ownership of, such foreign subject or citizen.

The certificate delivered up as aforesaid must be forthwith transmitted by the collector to the Register of the Treasury, to be by him cancelled; and if the certificate be delivered up to the collector of a district other than that in which it was granted, the Register will cause due notice to be given to the collector by whom it was issued.

SECTION VIII.

CHANGE OF MASTER OF REGISTERED VESSEL AND OATH ON ENTRY.

ter or commander

sels.
Sec. 15 Act Dec. 81,

ART. 36. When the master, or person having command on change of masor charge of a ship or vessel, registered pursuant to law, of registered vesis changed, the owner, or one of the owners, or the new 1792. master, of such ship or vessel, must report such change to the collector of the district where the same shall happen, or where the ship or vessel shall first be after the same shall have happened, and must produce to him the certificate of registry of such ship or vessel, and make oath or affirmation showing that such new master is a citizen of the United States, and the manner in which, and the means whereby, he is so a citizen; which oath shall be in the following form, to wit:

FORM NO. 13.

I,

Oath or affirmation of new master of vessel.

[ocr errors]

burden

new master or

master (or commander) of the ship (or Form of oath of vessel) called the —, of do commander. swear, (or, if conscientiously scrupulous of swearing, do sincerely and truly affirm and declare,) that I am a citizen of the United States, having been born within the limits thereof, (or, if naturalized, having been naturalized in the State on the day of, 185-, by

of.

[ocr errors]

stating the act or order of naturalization, and by what court): So help me God.

The collector must then endorse upon the certificate of registry a memorandum of such change, specifying the name of such new master, and subscribe the same with his name. If the change of master be so reported to the collector of a district other than that in which the certificate of registry was granted, the collector so making the memorandum must transmit a copy thereof to the collector by whom such certificate of registry was granted,

declared void, and

with notice of the particular ship or vessel to which it refers, and the collector by whom the certificate was granted shall make a like memorandum of such change

in his book of registers, and transmit a copy thereof to When certificate the Register of the Treasury. If the change aforesaid be penalty incurred not reported, or if the oath or affirmation aforesaid be not Sec. 15 Act Dec. 31, taken, the certificate of registry is declared void by the

by master.

1792.

Oath of owner of every ship or ves

15th section of the act of December 31, 1792, and the master or person in command or charge of the vessel is subjected to a fine of one hundred dollars.

37. Upon the entry of every ship or vessel of the United sel on her entry States from any foreign port or place, the owner or part

from a foreign

port.

1792.

Sec. 17 Act Dec. 81, Owner, if resident at the port of entry, shall make oath or affirmation that the certificate of registry of such ship or vessel contains the name or names of all the persons who are then owners of the said ship or vessel, or if any part of such ship or vessel has been sold or transferred since the granting of such certificate, that such is the case, and that no foreign citizen or subject has, to the best of his knowledge and belief, any share, by way of trust, confidence, or otherwise, in such ship or vessel. The oath or affirmation will be in the following form, to wit:

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][ocr errors][merged small]

in the State of
master or commander) of the
of-

[ocr errors]
[ocr errors]

do swear, (or,

ship or vessel called the
if conscientiously scrupulous of swearing, do solemnly, sin-
cerely, and truly affirm and declare,) that according to
the best of my knowledge and belief, the register of the
said ship or vessel now produced to the collector of the
customs for the district of
contains the names of
all persons who are now owners thereof, (excepting that
of
of, to whom one-third of said ship
or vessel has been sold or transferred since the granting
of said register,) and that no foreign subject or citizen has,
to the best of my knowledge and belief, any share, by
way of trust, confidence, or otherwise, in said ship or
vessel: So help me God.

absence of owner.

If the owner, or any part owner, shall not reside at the Oath of master in port or place at which such ship or vessel shall enter, then the master or commander shall make the foregoing oath or affirmation. If the owner or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges of a ship or vessel of the United States.

SECTION IX.

ON THE ENROLMENT AND LICENSING OF VESSELS TO BE EMPLOYED

IN THE COASTING TRADE AND FISHERIES.

deemed vessels of

entitled to enrol

Sec. 1 Act Feb. 18, 1798.

ART. 38. Vessels of twenty tons burden and upwards, What vessels to be enrolled in pursuance of law, and having a license in the United States force, or, if less than twenty tons, not being enrolled but ment and license. having a license in force, are deemed ships or vessels of the United States, entitled to the privileges of ships or vessels employed in the coasting trade and fisheries. In order to the enrolment of any ship or vessel, she Qualifications for is required to possess the same qualifications, and same requirements in all respects must be complied with, as are made necessary by law for the registration of ships or vessels of the United States.

enrolment, (Sec. 2

the Act Feb. 18, 1798,)

The same authorities and duties are given to and imposed on all officers, respectively, in relation to enrolments, and the same proceedings must be had in similar cases touching enrolments; and the ships or vessels enrolled, with the master, owner or owners thereof, are subject to the same requirements as are, in those respects, prescribed in regard to vessels registered in pursuance of the provisions of the act of December 31, 1792, entitled an act "concerning the registering and recording of ships or vessels."

as in case of registered vessels, un

der Act of Dec. 31,

1792.

enrolment, bond to

39. On application for enrolment, the requirements of On application for law and regulations, as in case of the issue of certificates be given with sureof registry, having been complied with, the husband or

ties.

Sec. 7 Act Dec. 81, acting and managing owner, together with the master of

1792.

Form of bond on enrolment.

the vessel, and one or more sureties to the satisfaction of the collector of the district, whose duty it is to make such enrolment, must become bound to the United States, if such ship or vessel shall be of burden not exceeding fifty tons, in the sum of four hundred dollars; if of burden above fifty tons and not exceeding one hundred, in the sum of eight hundred dollars; if of burden above one hundred tons and not exceeding two hundred, in the sum of twelve hundred dollars; if of burden above two hundred tons and not exceeding three hundred, in the sum of sixteen hundred dollars; and if of burden exceeding three hundred tons, in the sum of two thousand dollars, in the following form and conditions, to wit:

FORM No. 15.

Bond on enrolment.

[ocr errors]

are

Know all men by these presents, that we, held and firmly bound to the United States of America in the full and just sum of; to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents.

Witness our hands and seals, this one thousand eight hundred and

[ocr errors]

day of

[ocr errors]

The condition of the foregoing obligation is such, that whereas collector for the district of has issued and granted a certificate of enrolment in the manner prescribed by the act entitled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same,' for the

[ocr errors]
[ocr errors]
[ocr errors]

called the

burden, whereof

is at present master, which certificate is dated and numbered

Now, therefore, if the said certificate of enrolment shall be solely used for the said for which it has been granted, and shall not be sold, lent, or otherwise disposed of, to any person or persons whomsoever; and in case the said lost or taken by an enemy, burnt or broken up, or shall be otherwise prevented from returning to the port to

shall be

« EdellinenJatka »