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1364. No registered vessels which shall be captured and condemned by a foreign power, or shall by sale become the property of a foreigner, shall receive a new register, though she afterwards become American property; but shall be considered to all intents as a foreign vessel, unless the owner, at the time of capture, his executors or administrators, shall regain a property therein by purchase or otherwise, in which case, she may receive a new register.(1)
1365. No vessel shall be registered, or if registered, be entitled to the benefit of a vessel of the United States, if owned in whole, or in part, by a person naturalized in the United States, and residing for more than a year in the country from which he originated, or for more than two years in any foreign country, unless he be a consul, or other public agent of the United States.(2)
But the last foregoing prohibition shall not prevent the registering anew, any vessel before registered, in case of a bona fide sale thereof to a citizen, resident in the United States, and exhibiting to the collector satisfactory proof of his citizenship (2)*
1366. In order to the registry of a vessel, the owner, or one of the owners, shall take and subscribe before the registering officer, on oath, declaring according to the best of his knowledge and belief, her name and burthen, the time when, and the place where, she was built, if within the United States; if not built within the United States, that she was, posterior to the first day of April, 1792, (specifying the time,) captured in war by citizens of the United States, and lawfully condemned as prize, (producing a copy of the sentence of condemnation, authenticated in the usual form, 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 :)(3) declaring also, his name and place of abode ; that he is the sole or joint owner of such vessel, naming the other owners, if any, and their places of abode, and that he or they so swearing, are citizens of the United States ; and where an owner resides in a foreign country, as consul of the United States, or as agent for, and partner in, a house or copartnership, consisting of citizens of, and actually carrying on trade within, the United States, that such is the case, and that there is no subject of any foreign state, directly or indirectly, by way of trust, confidence, or otherwise, interested in such vessel, or in the profits thereof; and that the master is a citizen, and the means whereby he became a citizen.(3)
In case any matter of fact alleged in such oath, within the knowledge of the party swearing, shall not be true, there shall be a forfeiture of the vessel, with her tackle, furniture and apparel, or of the value thereof, to be recovered with costs of suit of the person making such oath.(3)
(2) Act March 27th, 1804, sec. 1.
(1) Act June 27th, 1797. Act 27th March, 1804. See the case of the Venus, 8 Cranch, 253, and United States v. Grun. dy and Al. 3 Cr. 337.
• Without a register, a vessel in foreign trade is not entitled to the privileges and benefits of a ship of the United States ; but in other respects she is recognised by law : She may sail with a sea-letter or certificate of ownership. The Friendship, 1 Gallis. 45.
+ A native citizen of the United States, resident abroad, may, under this act, command a registered vessel of the United States, without his right to the payment of domestic duties being affected thereby ; though under such act he cannot be the owner of such vessel United States v. Gillies. 1 Peters, C. C. R. 159.
# A vessel belonging in part to a foreigner, was registered as an American vessel, and subsequently sold for a valuable consideration, to one ignorant of the fraud
1367. If the master of the vessel be within the district, when application is made for registry, he shall himself, in place of the owner, make oath touching his being a citizen, and the means whereby he is so a citizen, and if he swear falsely, the forfeiture aforesaid shall not be incurred, but he shall himself forfeit and pay one thousand dollars.(1)*
1368. Every owner resident within the United States, of a vessel to which a certificate of registry shall be granted, (if there be more than one such owner,) shall take, subscribe and transmit, within ninety days after the same may have been granted, to the collector granting it, an oath like to that taken by him, on whose application such certificate shall have been granted, on failure whereof the certificate of registry shall be forfeited and void.
Such oath may be taken before any collector, or judge of the supreme or of a district court of the United States, or of a superior court of original ju. risdiction of a state.(2)
1369. Before a vessel shall be registered, she shall be measured by a surveyor, or person whom he shall appoint, at the port where she may be ; if there be no surveyor there, by a person appointed by the collector of the district in which she may be.
To ascertain the tonnage of the vessel, such measurer shall, if she be double decked, take the length thereof from the fore part of the main stem to the after part of the stern post, above the upper deck, the breadth thereof, at the broadest part above the main wales, half of which breadth shall be accounted the depth of such vessel, and shall then deduct from the length three-fifths of the breadth, multiply the remainder by the breadth, and the product by the depth, and shall divide this last product by ninety-five, the quotient whereof, shall be deemed her true contents or tonnage. If she be single decked, he shall take the length and breadth, as above directed in respect to a double decked vessel, shall deduct from the said length three-fifths
(1) Act 31st December, 1792, sec. 4.
(2) Ibid. sec. 5.
which had been committed ; it was held, that she was not subject to forfeiture, in the hands of such bona fide holder, United States v. The Anthony Mangin, 2 Adm. Decis. 452.
If one of two partners in a house of trade in this country, obtain a register for a ship, by swearing that he, together with his partner of New York, are the sole owners, when, in fact, the partner was domiciled in England, the vessel is liable to forfeiture. The Venus, 8 Cranch, 253.
The oath required by the 4th section of the Act of December, 1792, to be taken by the owner, respects only the legal ownership of the property ; and does not require a disclosure of any equitable interests vested in citizens of the United States, but only a denial that any subject or citizen of any foreign prince or state is directly or indirectly interested, by way of trust, confidence, or otherwise, in the ship, or in the profits or issues thereof.
It is sufficient that the legal interest is truly stated, and if there be any equitable interest, or trust, in favour of any other citizen of the United States, no fraud is committed on the law. Watson v. Penniman, 1 Mason, 206.
If a false oath be taken to procure a registry of a vessel, the United States may elect to proceed against the vessel, or against the person who took the false oath for its value. But until such election be made, the property of the vessel does not vest in the United States. In such case the United States cannot maintain an action for money had and received against the assignees of the person who takes such oath, and who becomes bankrupt; such assignees selling the vessel and receiving the purchase money, before seizure of the vessel.-- United States v. Grundy and Al. 3 Cranch, 337.
Some provisions in the 4th section of the Act of December, 1792, relating to vessels not built in the United States, but on the 16th of May, 1789, belonging, &c. to citizens, have been omitted from the text as obsolete.
of the breadth, and, taking the depth from the under side of the deck plank to the ceiling in the hold, shall multiply and divide as aforesaid, and the quotient shall be deemed the tonnage of such vessel.(1)
And such measurer 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 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 vessel, and that her name, and the place to which she belongs, are painted on her stern, in manner required by law; which certificate shall be countersigned by an owner, or by the master of such 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 particu. lars therein contained; without which it shall not be valid. But in all cases where a vessel has before been registered, as a vessel of the United States, it shall not be necessary to measure her anew, for the purpose of obtaining another register ; except she shall have undergone some alteration, as to her burthen, subsequent to the time of her former registry.
1370. Previous to the registry of any vessel, her husband, with her master, and one or more sureties, to the satisfaction of the collector making registry, shall become bound to the United States, if she be of burthen not exceeding fifty tons, in the sum of four hundred dollars ; if above fifty, and not exceeding one hundred tons, in eight hundred dollars ; if above one bun. dred, and not exceeding two hundred tons, in twelve hundred dollars; if above two hundred, and not exceeding three hundred tons, in sixteen hundred dollars; and if her burthen exceed three hundred tons, in the sum of two thousand dollars; with condition in each case, that the certificate of registry shall be used solely for the vessel for which it is granted, and shall not be sold, lent, or otherwise disposed of, to any person whomsoever; and that, in case such vessel shall be lost, taken by an enemy, burnt, broken up, or be otherwise prevented from returning to the port to which she may belong, such certificate, if preserved, shall be delivered up, within eight days after the arrival of the master within any district of the United States, to the col. lector of such district; and that, if any foreigner, or any person for the benefit of a foreigner, shall purchase, or otherwise become entitled to the whole, or any part or share of, or interest in, such vessel, she being within a district of the United States, such certificate shall, within seven days after such transfer of property, be delivered up to the collector of such district : and that, if such transfer of property shall happen when such vessel shall be at a foreign port, or at sea, the master shall within eight days after his arrival in any district of the United States, deliver up such certificate to the collector of such district.(2)*
1371. Every such certificate, so delivered up, shall be forthwith transmitted to the register of the treasury to be cancelled, who, if it 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 such district.(2)
(2) Ibid. sec. 7.
(1) Act 31st December, 1792, sec. 6. Act 2d March, 1799, sec. 64, and see also, Act 4th August, 1790.
* It is the original register which is required by law to be transmitted, on the loss of a vessel, to the register of the treasury, to be cancelled ; and it is the practice, not to destroy the register after it is delivered up ; it is a document required by law, to be deposited in the register's office, and a duly certified copy is legal evidence.-Catlets et al. v. Pacific Insurance Company, 1 Paine, 594.
1372. In all cases where the master or owner of a vessel, shall deliver up her registry, to the collector of the district in which it shall have been granted, he shall cancel the bond given at the time of granting the register; or if it be delivered up to the collector of any other district, he shall grant to the master or owner a receipt therefor, stating the time of the delivery; and upon such receipt being produced to the collector, by whom the register was granted, he shall cancel the bond of the party as if the register had been returned to him.(1)
1373. In order to the registry of a vessel, built in the United States, after the last day of March, 1792, it shall be necessary to produce a certificate under the hand of the master carpenter, who shall have built her, testifying that she was built by him, specifying the place where, and for whom ; and describing her built, number of decks and masts, length, breadth, depth, ton. nage, and such other circumstances as are usually descriptive of the identity of a 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.(2)
1374. Before the granting of a register or enrolment and license for any steam vessel, owned by any company, the president or secretary of the company shall swear to the ownership of the vessel by such company, with. out designating the names of the persons composing it ; and such oath shall suffice without the oath of any other person interested in such vessel ; and such president or secretary shall also swear that, to the best of his knowledge and belief, no part of such vessel has been, or is, owned by any foreigner.(3)
1375. The last foregoing provision is applicable to every vessel owned by any incorporated company, and employed wholly in the whale fishery, so long as she shall be wholly employed therein.(4)
1376. Every vessel built in the United States, and belonging wholly or in part, to subjects of foreign powers, 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.(5) (For form of record and oath of builder, see Appendix No. 1.)
The collector shall cause such vessel to be surveyed according to the rule prescribed in article 1369, supra ; and measurer shall grant a certificate thereof, as in case of a vessel to be registered, which shall be counter. signed by the builder, by an owner, or by the master, or by some agent for the owner, in testimony of the truth of the particulars therein contained.(6)
The collector shall grant to the master of such vessel, a certificate of the record under his hand and seal, (for form of certificate, see Appendix, No. 2,) which shall be recorded in the office of the collector, and a duplicate thereof transmitted to the register of the treasury of the United States, to be recorded in his office (7)
1377. If the master or name of a recorded vessel be changed, her owner, part owner, or consignee, shall cause a memorandum thereof, to be endorsed on the certificate of record, by the collector of the district where she 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 re.
(1) Act 31st December, 1792, sec. 18.
(5) Act 31st Dec. 1792, sec. 20.
Ibid. sec. 22.
cords; and in the latter case, a transcript of such entry shall be transmit. ted by the collector making the entry, to the collector of the district where the certificate was granted, who shall enter the same in his book of re. cords, and forward a duplicate of such entry, to the register of the trea. sury: And until the owner, part owner, or consignee shall cause such memorandum to be made, such vessel shall not be deemed a recorded vessel.(1)
1378. The master of a recorded vessel shall, on the entry of such vessel, produce the certificate of record to the collector; in failure of which, she shall not be entitled to the privileges of a recorded vessel.
It shall not be requisite to record a second time, any vessel recorded un. der the act of 1789.(2)
1379. Every vessel shall be registered by the colleetor of the district in which the port shall be, to which she belongs at the time of the registry; which port shall be deemed, that, at, or nearest to, which, the owner, if there be one, or, if more than one, the husband or managing owner, usually resides.(3)
Her name, and that of such port, shall be painted on her stern, on a black ground, in white letters, of not less than three inches in length ; under penalty of forfeiture of fifty dollars by the owner, one half to the informer, and the other to the United States.(3)
1380. If any citizen become owner of a vessel entitled to registry, she being within a district other than that in which he usually resides, she may be registered by the collector of the district, where she may be at the time of his becoming owner, upon his compliance with the provisions prescribed in order to the registry of vessels. And the oath required upon registry may be taken before the collector of the district to which the vessel belongs, or before the collector of the district in which she may be.(4)
Where any vessel entitled to registry, shall be purchased by an agent for a citizen of the United States, she being in a district more than fifty miles distant, computed by the nearest usual route by land, from that to which, by virtue of such purchase, she should belong, the collector of the district where she may be, shall, upon application of such agent, register such ves. sel; he first complying on behalf of the owner, with the requisites for registry, except that in the oath to be taken by him, instead of declaring himself the owner, he shall declare himself the agent of the owner, and that he has bona fide purchased such vessel for the person whom he shall name.(5)
But in cases of such purchase, when such vessel shall arrive within the district to which she belongs, the certificate of registry so obtained, shall be delivered up to the collector of such district, who shall, on compliance with the requisites for registry, grant a new one, and return the certificate so de. livered up to the collector who granted it.(6)
And if such first certificate shall not be so delivered up, the owner and master of the vessel, at the time of her arrival in the district to which she may belong, shall severally forfeit the sum of one hundred dollars, with costs of suit, and the certificate shall thenceforth be void.(6)
The penalty for false oath, taken under Article 1380, is the same as is prescribed in Article, 1367, supra, in the ordinary case of registry (6)
The provision for the master of the vessel making oath, when in the
(1) Act 31 Dec. 1792, sec. 23.
(4) Ibid. sec. 11.