ch. 5.

ch. 52.

according to law, for carrying on the coasting trade and fisheries, or one of them) shall be denominated and deemed ships or vessels of the United States, entitled to the benefits and privileges appertaining to such ships or vessels: Provided, That they shall not continue to enjoy the same, longer than they shall continue to be wholly owned, and to be commanded by a citizen or citizens of the said States..

To enjoy the privileges only while owned, &c. by citizens of U. States. SEC. 2. That ships or vessels built within the United States, whether What ships or vessels may be before or after the fourth of July, one thousand seven hundred and registered. seventy-six, and belonging wholly to a citizen or citizens thereof, or not built within the said States, but on the sixteenth day of May, in the year one thousand seven hundred and eighty-nine, belonging and thenceforth June 27, 1797, continuing to belong to a citizen or citizens thereof, and ships or vessels March 27, 1804, which may hereafter be captured in war, by such citizen or citizens, and lawfully condemned as a prize, or which have been, or may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by a citizen or citizens thereof, and no other, may be registered as Registry bene- hereinafter directed: Provided, That no such ship or vessel shall be enfits of, confined to actual resititled to be so registered, or if registered, to the benefits thereof, if owned dents, in whole, or in part, by any citizen of the United States, who usually resides in a foreign country, during the continuance of such residence, unless in capaci- unless such citizen be in the capacity of a consul of the United States, or ty of consul or agent for a house an agent for, and a partner in, some house of trade or copartnership, consisting of citizens of the said States actually carrying on trade within the said States: And provided further, That no ship or vessel, built within the United States, prior to the said sixteenth day of May, which was not then owned wholly, or in part, by a citizen or citizens of the United States, shall be capable of being registered, by virtue of any transfer to a citizen or citizens, which may hereafter be made, unless by way of prize or forfeiture: Provided, nevertheless, That this shall not be construed to prevent the registering anew, of any ship or vessel, which was before registered, pursuant to the act before mentioned.

of trade.

Ships or vessels by whom registered.

SEC. 3. That every ship or vessel, hereafter to be registered (except as is hereinafter provided) shall be registered by the collector of the district in which shall be comprehended the port to which such ship or vessel shall belong, at the time of her registry, which port shall be deemed to be that, at or nearest to which, the owner, if there be but one, or if more than one, the husband or acting and managing owner of such Ship's or ves- ship or vessel, usually resides. And the name of the said ship or vessel, sel's name, &c. to be painted on and of the port to which she shall so belong, shall be painted on her stern, the stern, &c. on a black ground, in white letters, of not less than three inches in length.* And if any ship or vessel of the United States, shall be found, without having her name, and the name of the port to which she belongs, painted in manner aforesaid, the owner or owners shall forfeit fifty dollars; one neglect thereof. half to the person giving the information thereof; the other half to the use of the United States.

forfeiture on

before register

Registry how SEC. 4. That in order to the registry of any ship or vessel, an oath or to be obtained; affirmation shall be taken and subscribed by the owner, or by one of the substance of the owners thereof, before the officer authorized to make such registry, who oath to be taken is hereby empowered to administer the same, declaring, according to the ing officer. best of the knowledge and belief of the person so swearing or affirming, the name of such ship or vessel, her burthen, the place where she was built, if built within the United States, and the year in which she was built; and if built within the United States, before the said sixteenth day of May, one thousand seven hundred and eighty-nine, that she was then owned wholly, or in part, by a citizen or citizens of the United States; and if not built within the said States, that she was, on the said sixteenth day of May, and ever since hath continued to be, the entire property of

See act of May 5, 1864, ch. 78.

a citizen or citizens of the United States; or that she was, at some time Substance of posterior to the time when this act shall take effect, (specifying the said oath for obtaintime,) captured in war by a citizen or citizens of the said States, and law-ing registry of ships or vessels. fully condemned as prize, (producing a copy of the sentence of condemnation, authenticated in the usual forms,) or that she has been adjudged to be forfeited for a breach of the laws of the United States, (producing a like copy of the sentence whereby she shall have been so adjudged,) and declaring his or her name and place of abode, and if he or she be the sole owner of the said ship or vessel that such is the case; or if there be another owner or other owners, that there is or are such other owner or owners, specifying his, her, or their name or names, and place or places of abode, and that he, she, or they, as the case may be, so swearing or affirming, is or are citizens of the United States; and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for, and a partner in, a house or copartnership, consisting of citizens of the United States, and actually carrying on trade within the United States, that such is the case, and that there is no subject or citizen of any foreign prince or state, directly, or indirectly, by way of trust, confidence, or otherwise, interested in such ship or vessel, or in the profits, or issues thereof; and that the master, or commander thereof is a citizen, naming the said master, or commander, and stating the means whereby, or manner in which, he is so a citizen. And in case any of the matters of fact, in the said oath or affirmation alleged, which shall be within the knowledge of the party, so swearing, or affirming, shall not be true, there Forfeiture of shall be a forfeiture of the ship or vessel, together with her tackle, furni- vessel, &c. on ture and apparel, in respect to which the same shall have been made, or swearing falsely. How recovered. of the value thereof, to be recovered, with costs of suit, of the person, by whom such oath or affirmation shall have been made: Provided, always, In what cases That if the master, or person having the charge or command of such ship masters of vesor vessel, shall be within the district aforesaid, when application shall be sels, &c. shall made for registering the same, he shall, himself, make oath, or affirmation, citizenship, instead of the said owner, touching his being a citizen, and the means whereby, or manner in which, he is so a citizen; in which case, if what the said master, or person having the said charge or command, shall so swear or affirm, shall not be true, the forfeiture aforesaid shall not be in- and, if not true, curred, but he shall, himself, forfeit and pay, by reason thereof, the sum to forfeit $1,000. of one thousand dollars: And provided further, That in the case of a ship, or vessel, built within the United States, prior to the sixteenth day of May aforesaid, which was not then owned by a citizen or citizens of the United States, but which, by virtue of a transfer to such citizen or citizens, shall have been registered, pursuant to the act before mentioned, the oath or affirmation, hereby required, shall and may be varied, according to the truth of the case, as often as it shall be requisite to grant a new register may be varied. for such ship or vessel.

make oath as to

How the oath

SEC. 5. That it shall be the duty of every owner, resident within the Like oath to taken by United States, of any ship or vessel, to which a certificate or registry may be to owners (if be granted, (in case there be more than one such owner,) to transmit to any) than the the collector, who may have granted the same, a like oath or affirmation applicant, &c. with that hereinbefore directed to be taken and subscribed by the owner, on whose application such certificate shall have been granted, and within within 90 days. ninety days after the same may have been so granted; which oath or affirmation may, at the option of the party, be taken and subscribed either before the said collector, or before the collector of some other district, or a judge of the supreme, or a district court of the United States, or of a superior court of original jurisdiction of some one of the States. And if on failure, certificate of regsuch oath or affirmation shall not be taken, subscribed and transmitted, as is herein required, the certificate of registry, granted to such ship or vessel, shall be forfeit and void.

SEC. 6. That before any ship or vessel shall be registered, she shall be

Before whom,

istry forfeited.

Certificate thereof given.

Ships, &c. how measured by a surveyor, if there be one, or by the person he shall apand by whom point, at the port or place where the said ship or vessel may be, and if measured. there be none, by such person as the collector of the district, within which she may be, shall appoint, according to the rule prescribed by the fortythird section of the act, intituled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels." ""* And the officer, or person, by whom such admeasurement 1790, ch. 35. shall be made, shall, for the information of and as a voucher to the officer by whom the registry is to be made, grant a certificate, specifying the built of such ship or vessel, her number of decks and masts, her length, breadth, depth, the number of tons she measures, and such other particulars as are usually descriptive of the identity of a ship or vessel; and that her name, and the place to which she belongs, are painted on her stern, in manner required by the third section of this act: which certificate shall be countersigned by an owner, or by the master of such ship or vessel, or by some other person who shall attend her admeasurement, on behalf of her owner or owners, in testimony of the truth of the particulars therein contained; without which, the said certificate shall not be valid. But in all cases, where a ship or vessel has before been registered, as a ship or ships, &c. not to vessel of the United States, it shall not be necessary to measure her anew, for the purpose of obtaining another register; except such ship or vessel shall have undergone some alteration, as to her burthen, subsequent to the time of her former registry.

In what cases,

be measured

anew.

Bonds, how and by whom given, for faith

ful use of certificate of registry, &c.

SEC. 7. That, previous to the registry of any ship or vessel, the husband or acting and managing owner, together with the master thereof, and one or more sureties, to the satisfaction of the collector of the district, whose duty it is to make such registry, shall become bound to the United States, if such ship or vessel shall be of burthen not exceeding fifty tons, in the sum of four hundred dollars; if of burthen above fifty tons, and not exceeding one hundred, in the sum of eight hundred dollars; if of burthen above one hundred tons, and not exceeding two hundred, in the sum of twelve hundred dollars; if of burthen above two hundred tons, and not exceeding three hundred, in the sum of sixteen hundred dollars; and if of burthen exceeding three hundred tons, in the sum of two thousand dollars; with condition, in each case, that the certificate of such registry, shall be solely used for the ship, or vessel, for which it is granted, and shall not be sold, lent, or otherwise disposed of, to any person or persons whomsoever; and that, in case such ship or vessel shall be lost, or taken by an enemy, burnt, or broken up, or shall be otherwise prevented from returning to the port to which she may belong, the said certificate, if preserved, shall be delivered up, within registry given eight days after the arrival of the master, or person, having the charge or command of such ship or vessel, within any district of the United States, to the collector of such district: And that if any foreigner, or any person or persons, for the use and benefit of such foreigner, shall purchase, or otherwise become entitled to the whole, or any part or share of, or interest in, such ship or vessel, the same being within a district of the United States, the said certificate shall, in such case, within seven days after such purchase, change, or transfer of property, be delivered up to the collector of the said district; and that if any such purchase, change, or transfer of property, shall happen, when such ship or vessel shall be at any foreign port or place, or at sea, then the said master, or person having the charge or command thereof, shall, within eight days after his arrival within any district of the United States, deliver up the said certificate to the collector of such district; and every such certificate, so delivered up, shall be forthwith transmitted to the register of the treasury, to be cancelled, who, if

In what case certificate of

up, &c.

See act of May 6, 1864, ch. 83, § 5. Also act of March 2, 1799, ch. 22, § 64.

the same shall have been delivered up to a collector, other than of the district in which it was granted, shall cause notice of such delivery to be given to the collector of the said district.

Vessels built

March, 1793,

SEC. 8. That in order to the registry of any ship or vessel, which, after the last day of March next, shall be built within the United States, it in U. S. after shall be necessary to produce a certificate, under the hand of the principal how to obtain or master carpenter, by whom, or under whose direction, the said ship or register. vessel shall have been built, testifying, that she was built by him, or unMarch 2, 1803, ch. 18. der his direction, and specifying the place where, the time when, and the March 26, 1810, person or persons for whom, and describing her built, number of decks ch. 19. and masts, length, breadth, depth, tonnage, and such other circumstances, ch. 50. as are usually descriptive of the identity of a ship or vessel; which certificate shall be sufficient to authorize the removal of a new vessel, from the district where she may be built, to another district in the same or an adjoining State, where the owner or owners actually reside, provided it be with ballast only.

March 3, 1813,

registry,

SEC 9. That the several matters hereinbefore required, having been Collector to complied with, in order to the registering of any ship or vessel, the col- keep record of lector of the district comprehending the port to which she shall belong, shall make, and keep, in some proper book, a record or registry thereof, and shall grant an abstract or certificate of such record or registry, as nearly as may be, in the form following:

cate thereof.

In pursuance of an act of the Congress of the United States of Ameri- and grant certifica, intituled "An act concerning the registering and recording of ships or vessels," [inserting here the name, occupation, and place of abode of the person by whom the oath or affirmation aforesaid shall have been made,] having taken or subscribed the oath (or affirmation) required by the said act, 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 other owner or owners) is (or are) the only owner (or owners) of the ship or vessel, called the [inserting here her name] of [inserting here, 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 or admeasured] having certified that the said ship or vessel has [in- Form of certifiserting here, the number of decks] and [inserting here, the number of cate of registry. 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 built, 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 admeasurement shall have been countersigned, as aforesaid] having agreed to the description and admeasurement, above specified, and sufficient security having been given, according to the said act, the said ship or vessel has been duly registered at the port of [naming the port where registered.] 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";] Provided, That if the master, or person having the charge or command of such ship or vessel, shall, himself, have made oath or affirmation touching his being a citizen, the wording of the said certificate shall be varied so as to be conformable to the truth of the case: And Provided, That where a new certificate of registry is granted, in consequence of any transfer of a ship or vessel, the words shall be so varied, cate of registry may be varied. as to refer to the former certificate of registry, for her admeasurement.

How certifi

Secretary of

furnish forms of certificates of registry.

er district how to

ch. 50.

SEC. 10. That it shall be the duty of the Secretary of the Treasury, to the Treasury, to cause to be prepared, and transmitted, from time to time, to the collectors of the several districts, a sufficient number of forms of the said certificates of registry, attested under the seal of the treasury, and the hand of the register thereof, with proper blanks, to be filled by the said collectors, respectively, by whom also, the said certificates shall be signed and sealed, before they shall be issued ; and where there is a naval officer at any port, they shall be countersigned by him; and where there is a surveyor, but no naval officer, they shall be countersigned by him; and a copy of each, shall be transmitted to the said register, who shall cause a record to be kept of the same. Citizens purSEC. 11. That where any citizen or citizens of the United States, shall chasing vessels purchase, or become owner or owners of any ship or vessel, entitled to be out of their prop- registered, by virtue of this act, such ship or vessel, being within any obtain register. district, other than the one, in which he or they usually reside, such ship or vessel shall be entitled to be registered by the collector of the district, where such ship or vessel may be, at the time of his or their becoming owner or owners thereof, upon his or their complying with the provisions herein before prescribed, in order to the registry of ships or vessels: And March 3, 1813, the oath or affirmation which is required to be taken, may, at the option of such owner or owners, be taken, either before the collector of the district, comprehending the port to which such ship or vessel may belong, or before the collector of the district, within which, such ship or vessel may be, either of whom is hereby empowered to administer the same: ProTo be delivered vided, nevertheless, That whenever such ship or vessel shall arrive within on arriving at their proper port the district comprehending the port to which such ship or vessel shall beto the collector, long, the certificate of registry, which shall have been obtained, as aforewho to grant a said, shall be delivered up to the collector of such district, who, upon the requisites of this act, in order to the registry of ships or vessels, being complied with, shall grant a new one, in lieu of the first; and the certificate, so delivered up, shall forthwith be returned by the collector who shall receive the same, to the collector who shall have granted it and if the said first-mentioned certificate of registry, shall not be delivered up, as above directed, the owner or owners, and the master of such ship or vessel, at the time of her said arrival within the district comprehending the port to which such ship or vessel may belong, shall, severally, forfeit the sum of one hundred dollars, to be recovered, with costs of suit; and the said certificate of registry shall be thenceforth void. And in case any of the matters of fact, in the said oath of affirmation alleged, which shall be within the knowledge of the party, so swearing or affirming, shall not be true, there shall be a forfeiture of the ship or vessel, together with her tackle, furniture and apparel, in respect to which, the same shall have been made, or of the value thereof, to be recovered, with costs of suit, of the person by whom such oath or affirmation shall have been made: Provided, always, That if the master, or person having the charge or command of such ship or vessel, shall be within the district aforesaid, when application shall be made for registering the same, he shall, himself, make oath or affirmation, instead of the said owner, touching his being a citizen, and the means whereby, or manner in which, he is so a citizen; in which case, if what the said master, or person having the said charge or command, shall so swear or affirm, shall not be true, the forfeiture aforesaid shall not be incurred, but he shall, himself, forfeit and pay, by reason thereof, the sum of one thousand dollars.

new one.

Vessels pur

:

SEC. 12. That when any ship or vessel, entitled to be registered, purchased by agents suant to this act, shall be purchased by an agent or attorney for, or on how registered. account of a citizen or citizens of the United States, such ship or vessel, being in a district of the United States, more than fifty miles distant, taking the nearest usual route by land, from the one comprehending the port to which, by virtue of such purchase, and by force of this act, such ship or vessel ought to be deemed to belong, it shall be lawful for the collector