tered vessels, and and licensed, when whale fishery. 51. By the act of April 4, 1840, all vessels which have Privileges of regiscleared, or hereafter may clear, with certificates of regis- of vessels enrolled try, for the purpose of engaging in the whale fishery, shall engaged in the be deemed to have lawful and sufficient papers for such Act April 4, 1840. voyages, securing the privileges and rights of registered vessels, and the privileges and exemptions of vessels enrolled and licensed for the fisheries; and all vessels which have been enrolled and licensed for like voyages, shall have the same privileges and measure of protection as if they had sailed with certificate of registry, if such voyages are completed, or until they are completed. on change of master of an enrolled ship or vessel. 52. On the change of the master or person having the Proceedings charge or command of any enrolled ship or vessel, the owner, or one of the owners, or the new master of such vessel, shall report said change to the collector of the district where the change shall happen, or where the vessel shall first be after such change, and produce the enrolment, and shall make oath or affirmation that such new master is a citizen of the United States, and the means whereby he become a citizen, whereupon the collector shall endorse on the certificate of enrolment a memorandum of such change, specifying the name of the new master, and subscribe his name thereto. If the enrolment was granted by any other collector than the one making such endorsement, a copy of the memorandum so endorsed must be transmitted to the collector who granted the enrolment; and the collector receiving said memorandum must also transmit a copy thereof to the Register of the Treasury. on surrender of enrol of a vessel under 20 tons burden to collector. 53. When a certificate of enrolment, or license of a Proceedings vessel under twenty tons burden, is surrendered to the ment and license collector who granted the same, the bond given therefor is to be cancelled; but if it be surrendered to the collector of another district, he will grant to the master of the vessel a receipt or certificate according to the annexed form, to wit: a certificate of enrolment granted to the said (name the to the said (name the vessel) for carrying on the (name trade or employment,) granted to the said collector of the customs for the district of -by -, (or, in case of a licensed vessel below twenty tons burden,) has surrendered to me a change of master sel. customs for the district of dated As witness my hand, the day and year above mentioned. On the production of the foregoing certificate to the collector who granted the enrolment or license, he will cancel the bond as though the enrolment or license had been produced to him. 54. Whenever a change is made of the master of a Proceedings on licensed vessel, a memorandum of such change is to be of a licensed ves- endorsed on the license in the same manner as is directed 18, 1793. Act Feb. in respect to the enrolment. The new master, or, if he be absent, one of the owners, must, however, make oath or affirmation according to Form No. 18. Sec. Proceedings on SECTION X. CHANGE OF VESSELS' NAMES AND RECORD OF CONVEYANCES. ART. 55. In carrying into effect the act of March 5, 1856, change of name of authorizing the Secretary of the Treasury to change the Act March 5, 1856. names of vessels in certain cases, application must first be vessel. made to the Department by the owner of the vessel or his agent, stating the present name of the vessel, and that which he desires her to bear, and the reasons for the proposed change. The application will then be referred by the Department to the collector of the port to which the vessel belongs, for examination and report; upon the receipt of which the decision of the Department will be made and communicated. When a change of name shall have been authorized, new papers must be issued in the new name, and collectors will be careful to note the change on their books, and in the first tonnage reports thereafter rendered. The Register of the Treasury will be careful, also, to note the change on the proper books in his office. On the validity of sale, mortgage,&c., of registered or enAct July 29, 1850. rolled vessels. record of bills of furnish certificates. Fees allowed there 56. The act of July 29, 1850, provides, that no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantors, &c., unless recorded in the office of the collector of customs where the vessel is registered or enrolled. Such collectors Collectors to keep are required to record all such bills of sale, and the other sale, &c., and to papers above specified, and all certificates for discharging any such conveyances, and are allowed therefor a fee of fifty cents. Such collectors are also required to keep an index of such records, alphabetically arranged, and, when required, to furnish a certificate setting forth the material facts of any existing bill of sale, or other such paper, and shall receive therefor one dollar; and fifty cents for each certified copy of a bill of sale, or other paper referred to. for. SECTION XI. ON RECORDING SHIPS OR VESSELS. be recorded under the act of Decem ART. 57. Vessels built in the United States and belong When entitled to ing wholly or in part to the citizens or subjects of foreign the provisions of powers, may be recorded under the provisions of the act ber 81. 1792. of the 31st December, 1792, entitled "An act concerning When purchased by, and belonging zen of the United States, entitled to register or enrol under certain re the registering and recording of ships or vessels," and thus become entitled to the privileges of ships or vessels built and recorded in the United States. 58. The fact of the vessel having been built in the wholly to, a citi United States is authenticated by such record, and on being purchased and wholly owned by citizens of the ment and license United States, such recorded vessels, if never before docuquirements of law. mented as vessels of the United States, and sold or transferred to a citizen or subject of any foreign power, would become entitled to be registered, enrolled, or licensed as vessels of the United States, the requirements of the law regulating the issue of such marine papers being complied with. On the substitution of another marine paper for a record, the certificate of record must be surrendered, cancelled, and returned to the Register of the Treasury. Builder of the vessel to make oath. 1792. No certificate of record can, of course, issue to a ship or vessel which has been registered, enrolled, or licensed under the laws of the United States. 59. Previously to the issue of a certificate of record, Sec. 20 Act Dec. 31, the builder of the vessel must make oath or affirmation before the collector of the district in which such vessel was built, in the following form, to wit: Form of builder's oath. FORM No. 22. Builder's oath or affirmation. I, (here insert the name of such builder,) of (insert here his place of residence,) shipwright, do swear (or affirm) that (describe here the kind of vessel, whether ship, brig, snow, schooner, sloop, or whatever else,) named (insert here the name of the ship or vessel,) having (insert here the number of decks,) and being in length (insert here the number of feet,) in breadth (insert here the number of feet,) in depth (insert here the number of feet,) and measuring (insert here the number of tons,) having (specify whether any or no) gallery and (also specify whether any or no) head, was built by me, or under my direction, at (name the place, county, and state,) in the United States, in the year (insert here the number of the year.) be kept by collec The foregoing oath or affirmation must be signed by Record of oath to the person making the same, and recorded in a book to be tor. kept by the collector for that purpose. the vessel to be ad measured. 60. The collector shall cause such ship or vessel to be Collector to cause surveyed or measured according to the rule prescribed by surveyed or law, and set forth in this chapter of these Regulations, 1792. section 3, article 4. The person by whom such admeasurement shall have been made, shall grant a certificate thereof in the form. following, to wit: -, surveyor of the port of being no surveyor, having been hereunto appointed by collector of the customs for the district of,) do certify that I have surveyed and admeasured a ship (or vessel) having the name of——————— painted on her stern according to law, and find that the said vessel is of admeasurement. Countersigned, in testimony of the truth of the par ticulars above mentioned, by Builder, (master, owner, or agent.) 61. A certificate of record, attested under the hand and Certificate of rec ord to be granted by the collector. Sec 22 Act Dec. 31, seal of the said collector, shall be granted to the master of such ship or vessel, as nearly as may be, in the form 1792. following, to wit: FORM No. 24. Certificate of record. of record. In pursuance of an act entitled "An act concerning Form of certificate the registering and recording of ships or vessels," |