Page:United States Statutes at Large Volume 44 Part 1.djvu/1471

 o 1457 ·2v11*LEl6.~s:-: 17; Place of · registration.-——Every vessel, not enrolled or licensed, shall to registered by the collector ofthat collection district `Xyhioh; includes the port to which such vessel shall belong at. the time offhérl registry; which port shall be; deemed _ to he that at"or nearest to which the owner, if there be-but one, or if more than one, the husband or noting and managing owner; of such vessel,. usually re#s_ides,_ (R, S. 5 4141,) U · -18, Home mrts of vessels of United States.—For the purposes of the navigation laws of the United _States and of the Ship Mortgage_Act,‘1tl2U, otherwise known as section 30 of the Mer-, chant Marine Aot, 1920, chapter, 25 ofthis title, every vessel of the United States shall have a " home port "-in the United Sitates, including Alaska, Hawaii, nnd.·Porto Rico, which port the owner at snch vessel, subject to the approval of the Gommls`sion‘er.· ofn Nnvi_gation`oftlie. Department of Colrprrreice, Shall specifically t .§x` and deternxineyand subject to such‘ approval may from time to time changei Snchhome-port shall be shown in the register; enrollment and license, 01;- license of such vessel, which documents, :·espeotlvely,Tare` referred to as the vessel’s document. The home port shown in the document of any vessel or the I’nited‘ States in force on February 16, 1$25·,_ shall be deemed to have been fixed and determined ln accordance with; the provisions hereof. `_'1‘he· preceding- section is amended to com form herewith; (Feb. 16, 1925, c. 235, § .1, 43 Stat. 947.) , 19. Oath for registry by owncr.—-In order to the registry Tot any vessel,~:1n oath shall be taken and subscribed by the. owner, or by one of the owners thereof,`before ·`th‘e· officer au-, I thorized to make such registry, declaring, a‘ceordihg;to the best , of jtlie knowledge and belief of the person so swearing, the , name of such vessel, her burden, the place where she vras built, if built within. the United States, and the year in which she was built; or that she has been captured in war, specifying I the time, by a citizen of the United States, and lawfully con- , demned as prize, producing a copy of the sentence of cor1demna· , » tion, authenticated in the usual fonzuns; or that she has been { ` adjudged. to be forfeited for a breach of *the`.~Iawsr of the ‘] United States, producing a like copy of the adjudication of 1 forfeiture; and declaring his name and place of abode, and if. , he be the sole owner of the vessel, that such is the case; or. _. if there be another owner, that there is such ·¤"¢·ne¤¥‘ `owner,  1 speeifylnghis name and place oiabode, and that he is a citizen. i or the United States, and specifying the proportion belonging, to each owner; and where an owner resides in a foreign coun-` I try, in the capacity of it consul of the United States, or. as an agent for and a- partner in a house or copartnership'consi,sting ( of citizens of the. United States, actually carrying on trade t within the United States, that such is the case, that the . person so swearing is a citizen of the UnitedStates, and that , there- is no subject or citizen oi any foreign prlnce or state, , direetly or indirectly, by way of trust, conddence, or otherwise, § I interested in such vessel, or in the proilts or issues thereofi C and that the master thereof is a citizen,. naming the master, and stating the means whereby or manner in whlchhe is a clti- i zen. (R. S,~§ 4142.) ‘_ \ ‘ _ ri 20. Oath by corporate o§éér’or agent ot, own.er.——Prew·ious I to granting a register "for" any vessel owned by any incorpo— ( rated company, or by an individual or individuals, the presl- l dent or secretary of snob company, or any other omcer or agent y thereof, duly authorized by said company in yyrlting, attested i by the corporate seal thereof, to aot for the eomllany in_ this ( behalf, or the managing owner, or his agent duly authorized C by power of attorney, Mwhen such vessel is owned by an indi- t _ vidual or individuals, shall swear to the _ oivnershlp ot the t vessel without designating the nameslof the persons composing ;t the company, when such yessel is owned by a corporation, and r the oath of either ot said·o@oers or agents? shall be deemed suflielent without requiring the oath of ajny other person later- f 86270°-—-——2b~——~·¥-82 `

§‘HIPI’ING `· § 25 ested and concerned in such veesel. ‘ (R. S. § 4139;..hme 24, 1.902, ·c. 1155, § 1,32 Stat. 398,) T K 21. Forfeiture for false sWem·ing.·———If any of thenxntters ef fact alleged in, the oath ,tnken by en ewner to. ebtnin the registry of eny vessel, which within the kxxtnvleelge of the party so srvenring nre not true', there shell be ·a ferfeitm·e· of the vessel, together with her tackle, npgjinrel, end fnrnitme, in respectto which the ·`0ath shell have been mnde; or of the value. thereof to be recovered, with the costs of suit,. of the person by whem the path wasmnde. ··(R.° S. §’ 4143.) ·· ‘_ i  Oath by m3stet.———If the master of a veesel is within the district where `e registry. thereof is te be medegvlzen appli ‘ Gation is made for registering the same, be shell, bimself,_in-. stead of .tlie owner, or of the agent or attorney, as provided in this chapter, make .0ath tpuehing his being e" citizen and the means whereby or xnenner in whielrlne isn citizen ; in which case; if the mastér shall knowingly swear to anything mxtrne, no .terteiture of, the vessel, on account of enehafnlse enth, shell be. incurred, but the master shell belieble to  penalty of $1,000. (ns. 5 4144.) · y ‘ . t . » · ,23] Surrender df eertiécate of· registry on less · of vessel, or pnrclnase by foreigner.——A certifleate ei _ registry ehell be solely nsedi for- the vessel for which it is. gmntedhnml shell not be s01'd,_ lent, or · otherwise disposed cf, tot any person whomsoeverf and in ense the vessel se registered shell be lost, or taken by an enemy,‘ burned, or broken np}, er shell be otherwise prevented from returning to the port te which sbe fmay belong, the eertitleate, if preserved, shall be delivered up within eight, dnysf after the. arrival of the  master or person. beting the charge or command of— sueh vessel within my district of the United States, to` the collector of such district; and if nny foreigner, er U enypersen fer tbenee end benefit of such foreigner, shell purchase er otherwise beeeme entitled to the whole, or any` peri: or share of, or interest in suclrvessel, the same being within n district of the United States, the .cei‘tiiicate ‘ shell, within seven days after such purchase, --chenge, `or transfer of property, be delivered up to the collector of the district; and if any: such pnrebnee,; clfrmge, Or trnnsfer 01 property 'shall happen wvhen such vessel shblbbe at any foreign pert or piece, or at eee, then , the master 6i·~·~person having the charge or cennnand thereof ` shall, within eight days after his arrival _évithin· any district of the United States, deliver up `tbe certincete to the eellector of such district. r V » - ‘ Q · · Any master orpewner violating the provisions efllris seezion ’_shnl_l' be liable to- a penalty of not exceeding $500, anal
 * 11e certificate of registry shall be thenceforthqveid.

The Secretary of Comrneree shall here the power te remit: >r~ mitigate such penalty ·it in his opinion tit wes inemzred. without l willful, negligence or intention of ~frand_. (R. i 4146; Jan. 16, 1895, c. 24, .5, 2, 28- Stat, 624; Feb. 14, 1903, e. 552, 32 Stat, 829 ;» Mar. 4, 1913, `c, 141, 37 Stat. 736.) ‘ 24. `.Carpenter’s certilicatev ne•:essary.———>Irr order to the regstrye ofnny yessel built within the United States, it shall ye necessary tolproduce n certificate, under the bend of the grincipnl or .m_ester carpenter, by wbetn er under w1tese lirectien the vessel has been built, testifying that she was milt by hi1n`0r under his direction, and specifying the place vhere, the time when, and tbepersbn fer tvbenzgnntl describing aber build, number of decks andTmnst.s, lengtl1··,·brea1tlt·l1. lepth, tonnage, and such ether circumstances ns ere u;~:un1l_y leseriptive of the identity of an vessel; whiclx eertliiente shall be Qsunlcient to anthe_riné`the-regneval of n new vessel frezn he district where she may be built to enether district in he semen orlnn ndjoining Stete, where the owner ncteunlly`. ·eeides,·previded it be with bnllnet enly.‘ (R.  § 4147.) z_ 25. Fcrnrof register.--When the several matters hereinbe `ore reqixired, in order to the registering of _ any veesel,. lmve`_