Page:United States Statutes at Large Volume 46 Part 1.djvu/755

 712 ADMINISTRATIVE PR O- VISIONS. Foreign vessels. Delivery to master of, before clearances, unlawful. Penalty for. Ma nife sts. Copy of, to be deliv- ere d befor e entry. Affidavit thereof, on entry of vessel . Penalty for failure. Correction of mani- fest. Allowed by post en- tr y. Penalty for failure. Entry not required . War and public ves- sels. Passenger vessels making triweekly trips, ete. -Proviso. Baggage, etc., to be reported. Small yachts. Vessels in distress, to take on fuel, etc. Pro vis o. Repor t to co llector. Tugs, towing vessels on frontiers. SEVENTY-FIRST CONGRESS. SEss. IL Cs. 497. 1930 . SEC. 438. UNLAWFUL RETU RN OF FOREIGN VE SSEL'S PAPERS. It shall not be lawful for any foreign consul to deliver to the ma ster of any foreign vessel the regi ster, or document in lieu thereof, deposited with him in accordance with the provisions of section 435 of this Act until such master shall produce to him a clearance in due form from the collector of the port where such vessel has been entered. Any consul offending against the provisions of this section shall b e liable to a fine of not more than $5,000. SEC. 439. DELIVERY OF MANIFEST. Immedi ately up on arriv al and be fore ent ering hi s vessel, the mas - ter of a vessel from a foreign port or place required to make entry shall mail or deliver to the comptroller of customs for the district in which the port of entry is located, a copy of the manifest, and shall o n entering his vessel make affidavi t that a true and correct copy was so mailed or delivered, and he shall also mail or deliver to said comptroller of customs a true and correct copy of any correction of such manifest filed on entry of his vessel. Any master who fails so to mail or deliver such copy of the manifest or correction thereof shall be liable to a penalty of not more than $500. SEC. 440. CORRECTION OF MANIFEST. If ther e is any merchand ise or b aggage o n board such ves sel which is not included in or which does not agree with the manifest, the master of the vessel shall make a post entry thereof, and mail or deliver a copy to the comptroller of customs for the district in which the port of entry is located and for failure so to do shall be liable to a penalty of $500. SEC. 441. VESSELS NOT REQUIRED TO ENTER. The following vessels shall not be required to make entry at the custom house (1) V essels o f war an d public vessels employed for the conveya nce of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of pas- sengers or merchandise in trade ; (2) Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used e xclus ively as ferry boats, ca rryin g pas seng ers, bagga ge, or me r- chandise : Provided, That the master of any such vessel shall be required to report such baggage and merchandise to the collector wit hin twen ty-four h ours aft er arriv al ; (3) Yachts of fifteen gross tons or under not permitted by law to carry me rchandise or pass engers f or hire ; (4) Vessels arriving in distress or for the purpose of taking on bunker coal, bunker oil, or necessary sea stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, or necessary sea stores
 * Provided, That the

master, owner, or agent of such vessel shall report under oath to the collector the hour and date of arrival and departure and the quantity of bunker coal, bun ker oil, or nece ssary se a stores taken on board and (5) Tugs enrolled and licensed to engage in the foreign a nd coasting trade in the northern, northeastern, and northwestern frontiers when towing vessels which are required by law to enter and clear.

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