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Customs regulations of the United States prescribed for the instruction and guidance of officers and customs online

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with a properly authenticated copy of the decree of con-
demnation and with the proof of the applicant's owner-
ship. The owner's oath will be modified accordingly,
j^y IVim* **^ Aet. 25. In case of application for registry of a vessel
wrecked in the waters of the United States and purchased
and repaired by a citizen thereof, the applicant must fur-
nish the collector of the port to which the vessel belongs
with proof of the wreck within the waters of the United
States, of his purchase thereof, of the amount paid there-
for, and a detailed statement of the items of expenditure
for repairs, accompanied by the receipted bills and proof
of his citizenship. The repairs must have been permanent,
bona fide repairs to the hull and standing rigging, ren-
dered necessary by the disaster. The privilege of registry
does not apply to any vessel found derelict at sea, nor to
any which drifted ashore after being abandoned at sea, nor
to any which has been condemned and sold on account of
injuries sustained during a voyage not in the waters of
the United States. The collector will transmit all the
papers in the case, with his opinion thereupon, to the Com-
missioner of Navigation, who, if he shall find the same
satisfactory, and that the wreck was free from collusion
or fraud, and that the repairs have amounted to three
times the price paid for the wreck, will return the papers
to the collector with authority to document the vessel.
In such cases the master carpenter's certificate will not
be required.

T.D. 4327. The word '* wreck" is defined to mean the injury or

destruction of a vessel by being cast on shore or on the
rocks, or by being permanently disabled or sunk by the
force of winds or waves, or by collision, or by fire.

On application made for the admission of a foreign-
built wrecked vessel to American registry under the pro-
visions of section 4136, Revised Statutes, collectors will
post the following notice:



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ENROLMENTS AND LICENSES. 17

Form No. 3. dr. Dec. 18,

1897; T. D. 18608,

AppUcation for American registry of the foreign^milt (a)

vessel {b) .

Date, . Applicatioii has this day been made for the admis-

8km of the foreign-bailt vessel .

The appiicaiit (c) swears:

(1) That he is an American citizen.

{%) That the vessel was wrecked in the United States at
on



(8) That said vessel cost .

(4) That the vessel was repaired by at a cost of



The application will not be forwarded to the Barean of Naviga-
tion nnnl one week after the issne of this notice, and in the mean-
time anjr person desiring to make any statement concerning the
application is requested to do so in writing to this office before that
date.

Art. 26. Whenever a certificate of re|?istry is to be B.s.4i»,i3i4.
issued to a vessel owned by an incorporated company,
the same course must be pursued as in other cases, except
that the oath must be taken by the president, vice-
president, acting president, or secretary of such company
in the prescribed form. (Cat. No. 535.)

On the death, removal, or resignation of one of the chief
officers of an incorporated company, owning any vessel
whose name appears on her documents, a new document
must be obtained.

Art. 27. Enrolments and licenses are either permanent R.a,4ia8.43i.K
or temporary, the former being those issued in the district
where the vessel belongs, and the latter those granted in
other districts. Licenses are valid for one year only, but
enrolments are valid for any length of time until a con-
tingency shall arise requiring their surrender.

Licenses may be renewed or changed at any time during r. a., 4357.
the year for which they are granted, care being taken that
only one license, and for one employment, be granted to a
vessel for the same time.

The marine papers of any vessel should cite the place and t. d. saa.
date of her original byild, and the date and place of ** re-
build" should be noted on the margin.

In order that permanent enrolments and licenses may
be distinguished from those that are temporary, the word
"permanent" or " temporary," as the case may l>e, will be
plainly written on the margin immediately above the num-
ber; and the same rule should be observed in respect to
the copies and records.

Permanent enrolments and licenses may be granted R.8., 4322, 4323.
under the same conditions as permanent registers. Tem-
porary enrolnient and license may be granted to a regis-
tered vessel in any other than her home port if the master
9096 2



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18 ENROLMENTS AND LICENSES.

shall surrender her certificate of registry, and make oath
or affirmation that the vessel and ownership remain as
expressed in the surrendered certificate.

In this case the temporary enrolment and license are to
be surrendered to the collector within 10 days after her
arrival at her home port, where permanent papers may be
granted, but in no case shall temporary documents be
granted to a vessel in her home port.

R. 8., 4321 Art. 28, Certificates of registry to vessels enrolled or

licensed may issue upon the surrender of their documents
and compliance with the conditions hereinafter prescribed.
The certificate of registry must, in all cases, cite the en-
rolment by number, date and port of issue, and the descrip-
tion and tonnage, and will be permanent if issued at the
home port.

A certificate of the master carpenter or surveyor's certifi-
cate of admeasurement will not be required unless some
change of tonnage has taken place since the time of enrol-
ment.

R.8.,43ii,433L Art. 29. Vcsscls of 20 tons or more enrolled and having
a license in force, or, if of 5 tons and less than 20 tons,
not enrolled but having a license in force, may be employed

R. s., 4312. in the coasting trade and fisheries. To entitle a vessel to
enrolment, she must possess the same qualifications, and
the same requirements and proceedings in all respects
must be complied with, and the regulations in regard to
officers are the same as in the case of registration.

R.s..4i46,4i4«. Art. 30. On application for enrolment, and compliance

R s., 4319. with the foregoing requirements, a record of the enrolment
will be made by the collector, and an abstract, or copy
thereof, delivered to the owner. (Cat. No. 538.)
idf^ ^^^^ ""' Art. 31. No licensed vessel shall be employed in any
trade whereby the revenue laws of the UnitM States shall
be defrauded. The master of every such vessel shall
swear (Cat. No. 540) that he is a citizen of the United States,
and that such license shall not be used for any other
vessel or any other employment than that for which it was
specially granted, or in any trade or business whereb}^ the
revenue of the United States may be defrauded; and if
such vessels be less than twenty tons burden, the husband
or managing owner shall swear tliat she is wholly the
property of citizens of the United States; whereupon it
shall be the duty of the collector of the district compre-
hending the port whereto such vessel may belong to grant
a license.

T.D.7728. •piiQ names of all the ownei-s and the proportion or



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ENB0LMENT8 AND LICENSES. 19

share owned by each, must be inserted in the licenses of
vessels nnder 20 tons, as in the case of enrolment.

If the vessel be less than 20 tons burden, the husband or
managing owner must also make oath or affirmation in the
following form:

Form No. 4.

Oath or affirmation of hti^xind or managing owner.

-, husband or managing owner, do swear (or affirm)



that the ship (or vessel) , burden , whereof



18 atpresent master, is wholly the property of a citizen or citizens of
the IJnited States (or, if such he the fact, of a company duly incorpo-
rated nnder the laws of the State of , and entitled ).

Sabscrihed, &c.



If the master of such vessel under 20 tons burden be also
the ship^s husband or managing owner, both the foregoing
oaths or affirmations may be combined in one. These re-
quirements having been complied with, the collector shall
issue a license to the vessel in the prescribed form (Cat.
Nos. 541 and 542) showing the names of the owners.

Art. 32. Every vessel of 20 tons or upwanls, entitled 19^";*^'^'*°®
to be documented as a vessel of the United Stiites, other
than registered vessels, found trading between district and
district, or between different places in the same district,
or carrying on the fishery, without being enrolled and
licensed, and every vessel of le^^s than 20 tons and not less
than 5 tons burden found trading or carrying on the fish-
ery as aforesaid without a license obtained as providetl by
this title, shall be liable to a fine of $30 at every port of
arrival without such enrolment or license. But if the
license shall have expired while the vessel was at sea, and
there shall have been no opportunity to renew such license,
then said fine of $30 shall not be incurred.

Art. 33. The same forms will be observed in the enrol- B-8..4316.4317.
ment and license of a steamboat owned in whole or in part
by a resident alien, employed only in a river or bay of the
United States, except that the usual oath as to citizenship
will be dispensed with, and a bond required, in the penalty"
of $1,000, Avith sufficient security, conditioned that the said
boat shall not be employed in other waters than the rivers
and bays of the United States.

Such a vessel being debarred from receiving ordinar>^
papers on account of ownership will, on becoming the prop-
erty of citizens of the United States, enjoy all the privi-
l^esof a vessel of the United States, and be documented
as such.



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20 ENROLMENTS AND LICENSES.

B.s.,d826i Art. 34. Certificates of enrolment and license must be

in prescribed form, Cat. No. 538, Cat. No. 541, Cat. No.
542, and must be signed and sealed by the collector, and if
there be a naval officer at the port, must be countersigned
under seal by him. If there be a surveyor, but no naval
officer at the port, they must be countersigned by the sur-
veyor.
43S' 4»«^S«^' Surveyors and deputy collectors of customs at ports of
delivery, under special authority of the Secretary of the
Treasury, may enroll and license vessels to be employed
in the coasting trade and fisheries.

R. a. 432a Art. 35. When the license of a vessel expires while she

is out of her home port, without change of ownership, or
loss of enrolment or license, the license may be surrendered
to the collector of the district in which the vessel may be
at the time, and a temporary license may be taken instead.
This temporary license must be surrendered to the col-
lector of the home port within 10 days after the vessel's
arrival therein and notice of surrender sent to the collector
who granted the temporary license.

r. S..4328; act Art. 36. To enable masters to change the employment of

^ * ' their vessels from the coasting to the foreign and from the
foreign to the coasting trade, one temporary document may
be surrendered for another temporary document, at any
other port except the home port. Notice of such exchange
is required to be given to the collector of the port at which
the surrendered document was issued, and likewise to the
chief customs officer at the home port.

R. s.. 4333; T. The collcctor of each district must number, progressively,
in distinct series, both the enrolments and licenses issued
by him, beginning anew at the commencement of each fis-
cal year, and make record thereof which shall be open to
public inspection during office hours; and shall once in 3
months transmit to the Commissioner of Navigation ab-
stracts of the enrolments which shall have been so granted
by him, and also of licenses of vessels under 20 tons which
shall have been surrendered to him.

Copies of enrolments issued and also surrendered orig-
inals must be transmitted to the Commissioner of Navi-
gation, as in case of certificat-es of registry.

R.8.,4885;act8 Art. 37. The regulations governing the documenting of

june^ 30,' i87»: vcsscls do uot apply to any boat or lighter, not masted, or,

Jiine 19,1886,860. |£ j^asted, uot dcckcd, employed in the harbor of any town

or city; nor to any boat or vessel of less than 5 tons, nor

to canal boats nor barges employed on rivers and lakes,

and not conveying passengers.



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BABGES, CANAL BOATS, AND LIGHTKRS. 21

All other vessels engaged in trade between port and port
in the United States, except as hereinafter enumerated,
nnless plying upon waters wholly within the limits of a
State having no navigable outlet into a river or lake on
which commerce with foreign nations, or among the States,
or with the Indian tribes, can be carried on, must, if not
registered, be duly enrolled and licensed, or licensed as
herein required, or be subject to a penalty of $30 on every
arrival except when such license shall have expired dur-
ing a voyage where no opportunity shall have occurred to
renew the same.

Art. 38. The following classes of vessels, except as here- ^g^. d.jmbmjbi^
inafter provided, should be documented: 'Sss*^' ^' *^*

Barges, lighters, and other boats provided with sail or
steam motive power whether generally used or not. Also
barges and boats without sail or internal motive power
of their own, engaged in trade with Canada, and those
without sail or st'Cam motive power carrying passengers.
Also barges and boats without sail or steam motive power
of their own, if employed wholly upon the marine waters
of the United States.

The following vessels do not require to be documented,
viz:

Boats and lighters, decked and not masted, or not decked
and not masted, employed within the harbor of any town
or city.

Canal boats and barges, boats without sail or internal
motive power of their own employed wholly upon canals
or on the internal watery of a State, and not engaged in
trade with contiguous foreign territory.

Barges and boats without sail or internal motive power
of their own, plying on rivers or lakes of the United
States, not engagecl in trade with contiguous foreign terri-
tory, and not carrying passengers.

Art. 39. It is lawful at all times for any officer of the R 8,4338.
customs to inspect the enrolment or license of any vessel ;
and if the master on board of any vessel shall refuse to
exhibit the same when required by such officer, h« is liable
to a fine of $100. Evidence of the possession of a docu-
ment although the document is not on board will exempt t.d. 7497, nia
a vessel from penalty.

Art. 40. Vessels of the United States navigating the R s., 4318.
waters on the northern, northeastern, and northwestern
frontiers otherwise than by sea, must receive special enrol-
ment and be licensed before they can be employed on those
waters. The enrolment and license shall be in the special



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22 DOOUMENTIKG OF VESSELS ON THE FRONTIEBS.

form provided for vessels in the domestic and foreign
trade otherwise than by sea, viz: Cat. No. 538^ for enrol-
ments and Cat. Nos. 541^ and 542| for licenses. This
regulation applies to fishing vessels and to yachts not
'proceeding to sea.
R. Sm 3114,3116, Art. 41. Before any such enrolment or license.or renewal

4340; T. D. »517. ^ . , , -^ , , . ^ ,

of either, can be granted, the owner or master must make
oath that all repairs put upon the vessel in a foreign coun-
try within the year immediately preceding the application
have been duly accounted for, and the duties, if any, paid,
and refusal or false swearing is punishable by forfeiture
of the vessel.

Certificates of registry are not required by law for ves-
sels employed on the northern, northeastern, ornorthwest-
eni frontiers of the United States. Such vessels are, how-
ever, in every other respect, liable to the rules, regula-
tions, and penalties in force relating to registered and to
enrolled and licensed vessels.

Art. 42. When a vessel so enrolled and licensed leaves
the inland waters of the frontier and engages in trade on
the seaboard, she must surrender her frontier papers and
take out coasting papers, and if bound on a foreign voy-
age partly by sea, she must take, in lieu of her frontier
papers, a certificate of registry.

If she sails for a frontier port, and it is intended to clear
her thence for a port in the United States on the seaboard,
or for a foreign port, in part by sea, she should be fur-
nished with a certificate of registry before starting on her
voyage. Vessels neglecting these precautions will be sub-
jected to the penalties'and disabilities imposed on vessels
engaged in trade withou41®gal documents.

Art. 43. Whenever it shall become necessary for any
vessel of the United States, in a district other than the
one to which she belongs, to procure her enrolment and
license, or license, or renewal thereof, the same proceed-
ings may be had in the district in which said vessel shall
then be, as are required by law in the district to which
such vessel may belong, except the giving of enrolment
and issuance of license.

The officer before whom such proceedings shall be had
shall certify the same to the collector of the district to
which such vessel shall belong, who shall duly enroll the
vessel and issue a license in the same form as if the appli-
cation had originally been made in his office, and either
deliver the said license or forward it by mail to the officer
who certified to him the preliminary proceedings, and who



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YACHTS. 23

shall, in such case, deliver the license to the owner or
master of the vessel.

This regulation is not to be construed to change existing ^ s.. lan.
forms except in so far as to enable owners to procure en-
rolment or license, or renewal thereof, without returning ' •
their vessels to their home ports.

Art. 44. Yachts used and employed exclusively as R.8.«u:T.d.
pleasure vessels, otherwise entitled to be documented, may
be licensed to proceed from port to port within the United
States without entering or clearing and to foreign ports
without clearing at the custom-house. Such license will
be in form Cat. No. 544.

Licenses will be issueil to yachts built in the Unfted
States and owned by American citizens ; yachts or pleasure
vessels of greater burden than 5 tons, sailing without doc-
uments, become subject to disabilities.

Yachts of 20 tons and upwanls must also he enrolled. t.d.wsi.

Art. 45. No bond shall be required on the licensing of Act j»n. i«.
yachts; no licensed yacht shall engage in any trade, nor^^*^-
in any way violate the revenue laws of the United States;
and every such yacht shall comply with the laws in all
respects.

Art. 46. Licensed yachts are required by law to use the R stti*.
signal prescribed by the Secretary of the Navy as follows:
^^ The American ensign, substituting in the field a white
fool anchor, surrounde<l by thirteen white stars in a circle,
in lieu of a star for each State." This ensign shall not be
carried by yachtsof foreign ownership or build. Any ves-
sel owned by a citizen of the United St^ites can carry the
United States flag. The Union Jack of yachts should be
made up of horizontal rows of stars. D<K?umented yachts
are required to have their names and ports j)la<?ed on some
conspicuous part of their hulls. Yac^hksduly licensed shall
not transport merchandise nor carry passenger for pay.

For any violation of the provisions of the law under
which they are licensed yachts are liable to seizure and
forfeiture.

Masters, or other persons in command of yachts, must
exhibit their marine documents on demand of any officer
of customs, and submit to such examination as he shall
see fit lo make for the due protection of the public rev-
enue.

Copies of licenses issued to yachts must be duly trans- t.d.iobw.
mitted to the Commissioner of Navigation.

Commissions may be issued by the Secretary of the t.d.mi5.
Treasury to licensed yachts belonging to regularly organ-



T.D.2787


T.D66I«.


T.Dwaj.


T.D.M16.


T.D.M15.



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24 SURRENDER AND EXCHANGE OF DOCUMENTS.

ized and incorporated yacht clubs to identify them and
their owners during foreign voyages.

Such commissions will be regarded as conclusive evi-
dence of nationality. On the return of such vessels to
the United States they are required to make entry at the
custom-house and surrender their commission.
imf' ^^^' ^^' Yachts belonging to a regularly organized yacht club
of any foreign nation which shall extend like privileges
to the yachts of the United States shall have the privi-
lege of entering or leaving any port of the United States
without entering or clearing at the custom-house thereof
or paying tonnage tax, but the privileges of this article
shall not extend to any yacht built outside of the United
States and owned, chartered, or used by a citizen of the
United States, unless such ownership or charter was ac-
quired prior to February 5, 1897. Such yachts acquired
after the date specified are subject to tonnage tax in the
United States in the same manner as vessels engaged in
trade.

Section 11 of the act entitled "An act to abolish cer-
tain fees for official services to American vessels, and to
amend the laws relating to shipping commissioners, aesr
men and owners of vessels, and for other purposes," ap-
proved June nineteenth, eighteen hundred and eighty-six,
so far as the same exempts any yacht built outside of the
United States and owned, chartered, or used by a citizen
of the United States from the payment of tonnage taxes,
has been repealed.

§ 2. SURRENDER AND EXCHANGE OF DOCUMENTS.

R.s.,4ie9,4i7o, Art. 47. Certificates of permanent registry are to be
surrendered when a vessel is sold in whole or in part;
when a vessel has been lost or taken by an enemy, or
burnt, or broken up, or otherwise prevented from return-
ing to the port to which she belongs; in case a vessel is
altered in form or burden by being lengthened or built
upon, or from one denomination to another, by the mode
or method of rigging or fitting; and in case of the issue of
enrollment and license, or license, for the coasting trade
or fisheries.

R 8., 4160,4162, Art. 48. Certificates of temporary registry are to be
surrendered to the collector of the district where the ves-
sel bey)ngs within ten days after her arrival; and in all
cases in which the surrender of permanent certificates is
required.
By the term "arrival" is to be understood the volun-



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SALE OF VESSELS. 25

tary arrival of the vessel within her home district to
which she was destined in the regular course of her em-
ployment. If, for instance, the vessel is forced by stress
of weather into her home district while on her voyage for
another port of destination, or stops there on such voy-
age to take in provisions or water, or take on board pas-
sengers or baggage, such not being her usual employment,
it is not an "arrival" within the meaning of the law, and
the master is not obliged, in consequence thereof, to sur-
render his certificate of temporary registry and take out
a certificate of permanent registry.

Art. 49. On the sale or transfer, in whole or in part, of ^ s.,4i7«.
a registered vessel to a subject of a foreign country, even if
only in trust or confidence, the certificate of registry must,
if the vessel be within a district of the United States, be
dehvered to the collector within seven days after such pur- •
chase or transfer. Butif such saleor transfer happen while
the vessel is in a foreign port or place, or at sea, the master
shall deliver the certificate of registry, within eight days
after his arrival within any district of the United States,
to the collector. And if such sale or transfer shall not be
80 made known, the vessel, together with her tackle, ap-
parel, and furniture, will be subject to forfeiture; this
forfeiture, however, does not attach to any share of such
vessel owned by a citizen of the United States who was
ignorant of the sale or transfer. A mortgage of a docu- t.d. 4887.
mented vessel to an alien is^ not prohibited by law.

Art. 50. Forfeiture of vessel and cargo is imposed by R.s.,4837.
law in case a vessel enrolled or licensed for coasting trade
by sea proceeds on a foreign voyage without first sur-
rendering her enrolment and license and taking out a
raster.

A license must be surrendered to the collector of a dis- R.8.,4aj6»4a88.
trict within three days after its expiration, or if the vessel
be at sea at that time within three days from her first
arrival within a district; or if she be sold out of the dis-
trict within three days after the arrival of the master



Online LibraryUnited States. Dept. of the TreasuryCustoms regulations of the United States prescribed for the instruction and guidance of officers and customs → online text (page 3 of 81)