Page:United States Statutes at Large Volume 44 Part 1.djvu/1558

 § 923 -» TITLE 46.4-SH payment of a portion of the mortgage indebtedness, the amouut of each such partion or such payment shall be indorsed upon the documents of the vessel and the vessel is to be sold upon the order of the district court of the United States in a suit in rem in admirality, the court shall deterimine the portice of the mortgage indebtedness increased by twenty percentum (1) which, in the opinion of the court, the approximate value of the vessel covered by all vessels of the mortage to the approximate value by the mortgage, and (2) upon the payment of of which the vessel shall bc discharged from the mortgage.‘ (June 5, 1990 c. 250 256, S 30, subsec. D, 41 Stat. 1000.

gm 923L    of mortgage; exhibiticn.—Thc collector {jd of .cust0ms—`up011‘the recording ct d preferred mortgage shall im deliver two ccrtihecl copies thereof to the vmortgagqr who shall ve blanc, and use due diligence ton retain, que copy. em bohrd the coj mqrtgagcd vessel hud cause `such- copy. "ahd the documents of po the vwscl to the exhibited by the. master to any person baring ce; businccs with the vessel, whlch. may glvc rise to a-. maritime ‘ lieu upon the vessel or to the sale, conveyance, or fmortgdge is; thereof. 1 `Thc master oi the vessel- shall, upkm the request of Su any such pcrsoh, exhibit to "him the documents of the .véssc1 ' and the copy of aniprctcrrexl mortgage of the vessel placed on le, bmrd thereof. `(Juuc_5,`1920,_ c. 250,} 30, subscc. E, 41 Stat, V; 19910 I `_ ‘ ` su 924. Prim and subsequent maritime liens ori mortgaged Ur gagcc, disclose in writing to him’pri0r to the execution of any tg; preferred mcrtgagci the existence of any — maritime lieh, prior th mortgage, or othér obligation or liabllity upon the vessel to bc` ax mortgaged, that- Ls known to thelmortgagor, aud` (2), withoqt M the ccnscht of the mortgagee, s1m11 hot incur; after the e;ecu— ce tion of such mortgage and bctcrc fthe 1 mortgagee has - had a go; reasonable time in- which. to record the mcr£8’¤gc and have V. iudorscmcuts ih respect thereto mhdc upon the doctrmcuts, of ppg the `vésscl, any contractual obligatlmi creating a lieu upon the cs vessel other than 'a lieu for wages ot stcvcdores `whcr; employed _-ct directly hy ‘ the gwxicr, operator, master, .ship’s` hushiihd; or liu agcht ot the vessel, for pvagcs of the créw 0t_ the vessel, for A gcmral averugc, cr` for salvage, including contract salvage, iu, gt rwpcct to thefvcsscl. (June 5, 1920, c. *250, Q 30, subscc. F; tl 'S, ` 925; Record of notice of claim of lien on mortgaged vuscl;. discharge of lien.-5-(a) The collector bt- custom} ‘ ot thetport ·‘ of aocumchraricn shall- upon the 'requcst of arry.pcrscn,. record notice qt his claim of a lien upon at vessel covered by a prc·~ `a· fcrred mortgage, together with the nature, détc at creation, and tl amount df the lieu, and the name and address ot the person. xr .Auy person who has caused notice ot his claim ot llencto M tl so recorded shall, upon a discharge in whole or in part- of the sy indebtedness, tcrthwithjlo with the collector `qt custoxiis a ccr=- :1 tmcatc at such dlschargeg ‘I‘hB,c01lect0l‘·0i customs shall there· p upon record the certlhcatc. · · . — (b) The mbrtgagor U§0!1‘8; dlschargc in whole or lu part ct ‘ p the mortgage indebtcducéa, shall forthwith dla with the col- a lcctor ct customs for the port of ‘ dccumc¤.tétlc¤‘ of the vessel, c n ccrtidchte at such discharge; Such collector of customs shall c thereupon rccord the ccrtmcatc. In case ct n vwsel covered H by a prcierrcd mcrtingc, the cclwctcr ct custcmsx at the port ,¤ t_ of documentation shall .(1)_ ludcrsc upon the cd0C¤H1%11t5' of the 11 vcsscl, or direct the ccllcctcr of customs at any port in which the vessel is icuhd, tc bc lndcrsa, the. tact of such discharge, u and (2) shall deny clearance, to the *0*% until such iudorsc-i a mem; is made; (June _5, 1920, c. wl), { 89, gqlmec. Q, 41 Stu, q 1002.,1  " . · pp _   . · ; 926. Tc¤<litlcm’ prccedmt tc rcwrd: interest ® preferred o mortgagc.··g··_(a) No bill of Sale, cchvcywcc, cr mortgage shall? 1 he recorded uulcsc lt states the interest of the zrantor cr mort- l
 * 1) $6.-¥—Thc mcrtgugcr (1) · shall, up0n' request of the mort-” jg

‘1rr11v0 _ 1544 gor a in tho vessel, and the interest so. sold, conveyed, or (b)» No bill of_··s&1e,‘co¤yoygucog mortgage, notice of claim or n;. or certiuoate ot discharge thereog, shall be recorded unless aviously acnowledgod before a· notary public or other omcer thdrlzod by a lawrof the United 'Statos, or oi `a State, Ter- _ ory, District, or possession thereof, to take acmogvlodgmem ` deeds. · _ ‘  _ _ — _ (k:)_ Iz; pose of A change i¤` tho of documentation of a l ssel oi tho United States, no b of sale, conveyance, or >rtgage shall be- recorded at the new port ot docziméutatioh less there is furnished itc. the collector of customs of such rt, together with the - copy ct tho bill of sale, »_ conveyance, or; irtgage to be rocordedfa certified copy of the mcg of the ssol at tho former port of docminentation. fumiéh by the " Hector of Such port. The collector of customs at the new rt ot documentation is autporizeei and directed to record éuch rtitiedcopy. _~· —· _  · · ‘ ·   · (d) A preferred mortgage xziay bear such rate of interest as agreed by the parties theretd (June 5, 1920, c. 256, S 3G,. bsec, H`,.41·Stat._;002.)`l ` [ _ .   * 927, Inspection of and copies from records; fees.-Each coictor ot customs shall permit records made uqder the pro·` sions ·o£ this chapter to be inspected during .o$ce hours; under nch reasonable regulations as `tlxe collector may establish. pon the request of gmy person the collector of customs shall amish him from the `-records of(the‘colleotor’s o&ce (1) a certicate setting forth the names of the ownersdof any vessel,  no interest held by each owner, and the material Iactstas to' 1y bill of sale or conveyance ot, any mortgage covcriog, or 1y lieu or other incumbramgé upon; ayspécihod vowel, (2)· o ertitlcd copy of any bill oi sale, conveyance; mortgage, `notice E claim of lien, or ccrtihcato ot discharge ·i¤ o suchf asset, or (3)' a. certihed copy as required by lvision (c) E subsection H, section 926. The collector of customs `shall >l1ect a. fee for any bill of $*19, conveyance, or mértmgo rcnrded, or any certiiicatoor certmed copy furnished, by_ him, n tho amount of 20 cents a_ folio with a minimum charge ot $1. ‘ .11 such {eos shall be éovérod into tho Treasury of the United hates as miscellaneous receipts. (Juno 5, -1920; c. 250, 5 36, 1bsoc.jD; 41 Stot. 1002.) F _ PENALTIES 941. Fpilure of under to exhibit Mcummts; unlawful cts by mortingorg liability of collector of mmnel-—-(a) If · no zpastér ot_ the `veaml willfully tails to exhibit the docunenta of tho vessel or the gopy ot my preferred mortgage y horéol, as required by summon E, the board of local inpoctors- of vessels tigris; ·jurisdictLo¤ of tire license of tho mater, may suspend or cancel such license, subject to the rovisiond ot soctiom 431 to 4345 lncluslvey _ —· N `(b) A nciortgugor who, `with intent to defraud, yiolatesruy grovisioo `ofg subsection- F, action 924, and it the ‘ mortgagor is_ , corporation or nssoélgtion, the prwidont or other mlmzipal xooutivo omcor ot tho corporation or m»oclatio“B,` shall upon `·" onviction thereof. bef held guilty ot a mlsdémeanor and shall bo modpot moré than $1,000 or imprimned not more than two yoa1‘S. r both. The mortgaged indébtedness shall thereupon bpcome mmedlately duo and payable ot tho election ot the mortgagee. (c)t It any personi enters into my contract `secured by, or upon tho credit ot, n vessel of tho United; Statm covered by L preferred mortgage, gm! éuffers pecunihry loss by reason- E tho failure of tho collector ot. customs, or any omcor, om-; ` nloyoe, or ¤go¤t_tilno1·9ot, propériy to pgrform any duty required ` »¢ tho  under tho provmons "ot this chapter; the col-. actor ot oustoms shall be liable to such person lor damasos _ n tho amount of sgiclr loss. It my such person is causecl —