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R. S., 4384.
be subject to the same requirements as are prescribed for registered vessels.
46. Oath of master and owner.
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. Any master or owner violating the provisions of this section shall be liable to the penalty of two hundred dollars, in addition to any other penalty imposed by law. The Secretary of Commerce and Labor shall have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud.
All vessels subject to enrollment or license shall be liable June 19, 1886. to the payment of the fees established by law for services of customs officers incident thereto. [See paragraph 469.]
R. S., 4319.
48. Form of enrollment.
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, [R. S. 4311-4390] 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 made,) 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, according to the said Title, the said ship or vessel has been duly en- Jan. 16, 1895. rolled 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).'
Under the direction of the Secretary of Commerce and Apr. 24, 1906. Labor the Commissioner of Navigation is hereby author-. ized and directed from time to time to consolidate into one document in the case of any vessel of the United States of twenty net register tons or over, 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.
This Act shall not be construed to amend any law now Sec. 8. in force concerning the compensation of officers of the customs for service connected with the enrollment and license of vessels.
49. Form of license.
The form of a license for carrying on the coasting- R. 8., 4321. trade or fisheries shall be as follows:
"License for carrying on the (here insert coasting trade,' 'whale-fishery,' 'mackerel-fishery,' or 'cod-fishery,' as the case may be).
Apr. 24, 1906.
"In pursuance of Title L [R. S., 4311-4390], '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 Jan. 16, 1895 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
R. S., 4333.
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, mackerel-fishery,' 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)." [Bonds abolished Jan. 16, 1895.]
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, July 5, 1884. once in three months, transmit to the Commissioner of Navigation 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 [R. S., 4311-4390]. 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
R. S., 4324.
R. S., 4325.
50. Duration 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.
51. Surrender of license.
The license granted to any vessel shall be presented Apr. 21, 1906. 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.
This Act shall not be construed to amend any law now Sec. 8 in force concerning the compensation of officers of the customs for service connected with the enrollment and license of vessels.
If such license, however, shall have been previously R. 8., 4326. given up to the collector of any other district, as authorized by this Title [R. S., 4311-4390], and a certificate thereof under the hand of such collector be produced by such master, or if sueh 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.
The owner of any licensed vessel may return such R. S., 4327. 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. 52. Enrollment and license to corporations.
Enrollments and licenses for vessels owned by any in- R. S., 4313. corporated company may be issued in the name of the president or secretary of such company; and such enrollments or licenses shall not be vacated or affected by any sale of shares of stock in such company.
Previous to granting enrollment and license for any vessel owned by any incorporated company, or by an individual or individuals, the president or secretary of such company, or any other officer or agent thereof, duly authorized by said company in writing, attested by the corporate seal thereof, to act in its behalf, or the managing owner, or his agent duly authorized by power of attorney, when such vessel is owned by an individual or individuals, shall swear to the 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.
R. S., 4314.
June 24, 1902.
Upon the death, removal, or resignation of the presi- R. S., 4315. dent 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.
R. S., 4329.
53. Change of owner.
Whenever it appears, by satisfactory proof, to the ComJuly 5, 1884. missioner of Navigation 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 Commissioner 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.
R. S., 4335.
R. S., 4332.
R. S., 4328.
54. 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.
55. Certification by customs officer.
In every case where the collector is by this Title [R. S., 4311-4390] 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
56. Enrollment outside of district.
Whenever it becomes necessary for the owner of any vessel of the United States navigating the waters of the