Page:United States Statutes at Large Volume 44 Part 1.djvu/1473

 ` 1459 `TITLE 46. belong, shall severally be liable to a penalty ot $100, and the (wtiiieate ot registry shall be thenceforth void. (RQ _S. { 4162.) — ~ ‘— ( . _... - ’ 334 Forfcltnme for false swearing by agcnt.—It any ot the matters ot fact alleged in l the oath taken by an agent or at torney ate obtain `the registry of a vessel which are within thl knowledge of the party ao- awearlxm iing not true, there shal · be a forteituce of vemel, togetherwith her tackle, apparel,.an< afarniture, in respectto which the same waa `made,` or 'oflthe value thereof, to be recovered, with costs of suit, of the person by ahem such oath was mace (R. S. § 4163;) ' 34, Registry on sale under legal pr ¢—Whenever ¤it ap pears, by satisfactory proof, to the Secretary of Commerce, thaany vessel has been sold and transferred by process of `law and thatthe register of `sucl1_vensel;`is`retained by the formel owzwr, the Secretary may directitbe collector of thedistricw to which such vessel may belonglto grant a new register,. undex ysucln sale, on the owners complying with suchmterma and cou diiiom; as are by law required for granting suchpapers; except ing only the delivering up of the former certificate of registry But nothing in this section ,shall be construed to remove th; liability ot any person to any penalty lor not. surrendering C the papers belonging to any vessel, "on a transfer or. sale oi the same. (R. Sy! 4164; Feb; 14, 1903, c._ 552, 32 Stat. 829l Mar. 4,- 1913, c.`141, 37 Stat. 736.) _ —  · _' ·  Registry on sale ,abro•d.—Wl1en any. vessel, registered pursuant `to any law of-the United States, ·shall,_ while she is without the limits of the United States, be sold or transferred in whole or in part to a citizen of the United States, such vessel on her Jlrst arrival in the United   thereafter, shall be entitled to all the `prlrileges and benehts of a yessel of the United States; _Pr*ov€ded,` `That all the requisites of law, in order to the regiatryof vessels, shall be complied with, and a new` certlhcate of registry obtained for such vessel, within three days from the time at which the master or other person having the charge Yor command of such vessel is required to make his final report upon her ilrst-arrival afterward. ” (R. S. i4166.l··  `_ _   2 . 36. Oath on lou of register; grant of new register.-—Whe1» ever the certihcate of · theireglstry of any vessel is ‘ lost, de 'strored, or mlslaid, the master, or other person having the charge or command thereof, may make- oath before` the col. lector ot the district where such vessel shall ilrst beafter such loss, destruction, or mlslaying, ln the form._followi1{g:_"'I, ' (inserting here the name ot the person swearing), being master (or havingthe charge or command) of the ship- or 'vessel called the (inserting the name of the vessel), do swear (or allirm) that the eaid vessel hath. been, as I verily believe, registered according to law, by the namé of (inserting again the name of the vessel), and that a a' certidcate thereof was granted by the collector `ot the district ot (naming the dis- _trlct where. registered),. which certificate has been lost_ (or destroyed, or nnlntehtionally and by more accident mislald, as the mee may be) ; and (except where thelcertidcate is alleged to have been destroyed) that the same, ft found again, and within my power, shall bedellvered up to the collector, ot the district ln which `lt was granted? Such oath shall- be submrlbed by the party making the same; and upon such oath beingunade, and the other requlsltlw ot this chapter in order to the registry ot vessels being coinplled with, lt shall. be lawful for the collector ot the dlatrlct before whom such oath is umade, to grant a new register, inserting therein that the same is issued ln lien oi the one lost or d&troym. (R. S. 2 54167.), . · _ U " ~° ( 37. Surrender of ccrtincaté obtained on loss of origi¤hl.—-··—- Whenever. a register is granted ln lieu of one loot or destroyed, Gby any other than the collector ot the district to`whlch the ves- ` sel actually belongs, such register shall, within ten days after

zu \ ’ .——-SHIPPING ? § 4`1 e her tlrst arrival within. the dlstrlct to whieh she belongs, be 5 delivered up to the collector of such distriet,'wh0 shall, thereupon, grant a new register in lieu thereof: And in case the 2 master or commander shall uegleet to deliver up such. register nl 'void. (R. S.·§ 4168.) · - _ _. Q - 1 38. Penalty fer not obtaining new regisiry.-In every case a` in which ~a vessel is required to he registered anew,`_if she 1 shall not be.so regisrered anew, sheshall not be entitled to ‘ any of ._l;he privileges or benefits of :1 vessel of the United -· _S_tates. And, if her 'fornxer certificate of registry is not de; t livered up, except. where the same may have been destroyed, ·,. lost, or unintentionally-l1x;@.slaid, and an oath ,_tbereof shell have r been made, as prwcribed in section 36, the owner of suéh vest sel shall be liable to a peneltjr of $500, to be recovere£l,_with rf costsof suit. (B. S. § 4.169.) _ _ — ‘ 39. New registry on sale or alteration of veséel.—Whenever - any vessel,-wliiclr hnsbeen registered, is, in xrhole or in part, . sold or transferred Yto a citizen of the United States, or is 2 altered in form or burden, b& being lengthened or built upon, E_ of rigging on fitting, the vessel shall be registered anew, by contained, otherwise she shall cease to be deemed ·o vessel ot l the United States. The former Certitleate of `rgistry of snob lh cation for such new registry is—made, ht the time that the -‘ same iomade, to be. by him transmitted to the Commissioner l' -·of· Navigation, whoshall cause. the same to be canceled. In e every_such case of exile or transfer, there Shall besome instru- , ment of writing, in the uofnre of a bill of sale, which shall l recite,_.at length, the certificate; otherwise t,he veséel eholl be k [ incapzible—0fbeing so registered anew. (R; S., 54170;. July 5, l 1884, c. 221,.23 Slat, 118.) _ ‘ ‘ .` - _ u ’ » ‘ 40, Change of master; indorsement on certiiegre of regis- , try.-—-When the master or person having the char€ge_or command of. a registered vessel is changed, the owner, or one of the ·° owners, or the new mister of such vessel, shall report snch - change to the collector of therdiétrlct where the same has el happened, or where the Yeséel shall first-be after the same - has [happened, one Shaill produce to himythe cerdneate l of registry of such vessel, and shall uiake ¤e¢h,__S1me»1¤g that. , sueh enew msiéter is a citizen of the United Statw, and the omanner Qin which or means whereby beds so a· citizen. There- . upon the collector shall indorse upon the eertitlcate of registry ‘ j a memoranduin of sueh ehange; specifying the name of such · ._ new master, and rshallsubseribe the mérnornndum with his . name; and it other §hun··the» collector of the`<lletr€et_ by whom = l;he·cértiiieote of registry woogrenfed, shell. transmit o? copy · of the memorandum to him, with notice of the particular rest ~ whom the certitlcate"_shall_ have been granted, shall make e_ like memorandum of such change in his book otregisters, and .’ shall transmit a copy thereof to the Commissioner of Navigation, If the change is not reported, or lf the oath is not taken. as above directed, .tlie registry of such vessel shall be void, xml l the master or person having the charge or ecmmand of her shall be liable to a penalty of $100. {R. S; § 41’l’1; July 5, ~ 1884,e; 221,'23 Stat. 118.) .- · ` · _ ` - 41. Failure to report sale teffpreigners.-—?If onylyessel reg- _ istered, oo a vessel of. the United—S;etes shell he `sold or transferred, in whole orxin ·peQrt, by way! of truet, eontldenee, or otherwise, t0'a subject or citizen ot any foreign prince or state, and such sale or transfer shell not be made ·known,~ds herein- . before dlrecled, such vessel, together with her tackle, appmwl, and furniture, shall be forfeited. lf such vessel; however, be so owned ln port only, end it is made to appear to the jury
 * — within the tlmeabove mentioned, he. shall be liable to a‘ pene alty of $100; end the former register shall become null and.
 * ` or fromone denomination to, another, by the mode or method
 * her former meme, `according .to the -direetio~ns hereinbefore
 * reséel Shall be delivered up to ·the collector to whom appli
 * sel to Which it relates; o—n<l_ the collector of the district, by