Sec. 11. 12. Chapter 2.-REGISTRY AND RECORDING GENERAL PROVISIONS AS TO REGISTRY AND DOCUMENTS Vessels entitled to registry; coastwise trade; ocean mail service contracts. Provisional certificates of registry to vessels abroad. Foreign-built vessels admitted to American registry; coastwise trade. Surrender of certificate of registry on loss of vessel, or purchase by Registry by agent. Surrender of certificate granted to agent. Forfeiture for false swearing by agent. Registry on sale under legal process. Documentation of vessels sold or tranferred outside the United States. Oath on loss of register; grant of new register. Surrender of certificate obtained on loss of original. Penalty for not obtaining new registry. New registry on sale or alteration of vessel. Change of master; indorsement on certificate of registry. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. "Port" defined. Documents certifying title; to what vessels issued Making or using forged papers. Unrigged wooden vessels; notation of rebuilding INSPECTION, SURVEY, AND MEASUREMENT Failure to report sale to foreigners. Oath on entry as to ownership. Transmission of certificate for cancellation. Numbering registers. Numbers for vessels. Names and home ports marked on bow and stern. Private signals and registry thereof. Change of name of documented vessel. Change of name of vessels. Rules and regulations as to change of name; evidence; publication of order. Fees for privilege of securing change of name. Oath to obtain record of vessel owned by foreigner. Certificate of record. Change of master or name of recorded vessel; indorsement on certificate of record. Production of certificate on entry. Sec. (b) Pleasure vessels; gross and net tonnages; optional admeasurement of pleasure vessels as vessels used other than exclusively as pleasure vessels. (c) Vessels not documented for use exclusively as pleasure vessels. (d) Changes in tonnage; readmeasurement. (e) Optional redetermination of vessels previously admeasured. Rules and regulations. Evidence of admeasurements. Specification of dimensions in vessel's marine document; manner of measurement. Tonnage. Measurement of foreign vessels; certificates. Suspension of provisions as to survey, inspection, and measurement. Spaces omitted from gross tonnage. Description, location and dimensions of tonnage mark. Marking line of uppermost complete deck. 83i. 83j. 83k. Placement of tonnage mark above loadline. Addition of line to tonnage mark. When tonnage mark deemed submerged. Measurement certificates and marine documents reciting tonnages. Penalty for false statements. Penalty for failure to display tonnage mark. GENERAL PROVISIONS AS TO REGISTRY AND DOCUMENTS 46 11. Vessels entitled to registry; coastwise trade; ocean mail service contracts Vessels built within the United States and belonging wholly to citizens thereof; and vessels which may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States; and seagoing vessels, whether steam or sail, which have been certified by the Coast Guard as safe to carry dry and perishable cargo, wherever built, which are to engage only in trade with foreign countries, with the Islands of Guam, Tutuila, Wake, Midway, and Kingman Reef, being wholly owned by citizens of the United States or corporations organized and chartered under the laws of the United States, or of any State thereof, of which the president or other chief executive officer and the chairman of the board of directors shall be citizens of the United States and no more of its directors than a minority of the number necessary to constitute a quorum shall be noncitizens, and no others, may be registered as directed in this chapter and chapters 3, 4, 5, 6, 7, 8, and 9 of this title. Foreign-built vessels registered pursuant to this section shall not engage in the coastwise trade: Provided, That such vessels so admitted under the provisions of this section may contract with the Postmaster General under Act March 3, 1891, c. 519, 26 Stat. 830, so long as such vessels shall in all respects comply with the provisions and requirements of said sections. 46 § 12. Provisional certificates of registry to vessels abroad Consular officers of the United States and such other persons as may from time to time be designated by the President for the purpose are authorized to issue provisional certificates of registry to vessels abroad which have been purchased by citizens of the United States, including corporations, as defined in section 11 of this title. (a) Such a provisional certificate shall entitle the vessel to the privileges of a vessel of the United States in trade with foreign countries or with the islands of Guam and Tutuila until the expiration of six months from its date or until ten days after the vessel's arrival at a port of the United States, whichever first happens, and no longer. On arrival at a port of the United States the vessel shall become subject to the laws relating to officers, inspection, and measurement. (b) The Commissioner of Customs1 shall prescribe the conditions in accordance with which such provisional certificates shall be issued and the manner in which they shall be surrendered in exchange for certificates of registry at ports of the United States. (c) The form of such provisional certificate shall be prescribed by the Commissioner of Customs1 and shall include the name of the ship and of the master, time and place of purchase and names of purchasers, and the best particulars respecting her tonnage, build, description, and inspection or survey which the consular officer is able to obtain. (d) Copies of such provisional certificates shall be forwarded as soon as practicable by the issuing officer to the Commissioner of Customs.1 46 § 13. Foreign-built vessels admitted to American registry; coastwise trade All foreign-built vessels admitted to American registry, owned on February 1, 1920, by persons citizens of the United States, and all foreign-built vessels owned by the United States on June 5, 1920, when sold and owned by persons citizens of the United States, may engage in the coastwise trade so long as they continue in such ownership, subject to the rules and regulations of such trade. 46 § 14. Wrecked vessels The Commissioner of Customs1 may issue a register or enrollment for any vessel wrecked on the coasts of the United States or her possessions or adjacent waters, when purchased by a citizen or citizens of the United States and thereupon repaired in a shipyard in the United States or her possessions, if it shall be proved to the satisfaction of the Commissioner, if he deems it necessary, through a board of three appraisers appointed by him, that the said repairs 1 Functions of officers of Customs Service were transferred to the Commandant, USCG. put upon such vessels are equal to three times the appraised salved value of the vessel: Provided, That the expense of the appraisal provided for shall be borne by the owner of the vessel: Provided further, That if any of the material matters of fact sworn to or represented by the owner, or at his instance, to obtain the register of any vessel are not true, there shall be a forfeiture to the United States of the vessel in respect to which the oath shall have been made, together with tackle, apparel, and furniture thereof. 46 § 15. Vessels owned by corporations Registers for vessels owned by any incorporated company may be issued in the name of the president or secretary of such company; and such registers shall not be vacated or affected by sales of any shares of stock in such company. 46 § 16. New registry on death of officer of corporation Upon the death, removal, or resignation of such president or secretary of any incorporated company owning any vessel, a new register shall be taken out for such vessel. 46 § 17. Place of registration Every vessel, not enrolled or licensed, shall be registered by the collector of that collection district which includes the port to which such vessel shall belong at the time of her registry; which port shall be deemed to be that at or nearest to which the owner, if there be but one, or if more than one, the husband or acting and managing owner of such vessel, usually resides. 46 § 18. Home ports of vessels of United States For the purposes of the navigation laws of the United States and of sections 911, 921-927, 941, 951-954, 961, 971-975, and 981-984 of this title, every vessel of the United States shall have a "home port" in the United States, including Puerto Rico, which port the owner of such vessel, subject to the approval of the Commissioner of Customs,1 shall specifically fix and determine, and subject to such approval may from time to time change. Such home port shall be shown in the register, enrollment, and license, or license of such vessel, which documents, respectively, are referred to as the vessel's document. The home port shown in the document of any vessel of the United States in force on February 16, 1925, shall be deemed to have been fixed and determined in accordance with the provisions hereof. Section 17 of this title is amended to conform herewith. 46 § 19 Oath for registry by owner In order to the registry of any vessel, an oath shall be taken and 1 Functions of officers of Customs Service were transferred to the Commandant, USCG. subscribed by the owner, or by one of the owners thereof, before the officer1 authorized to make such registry, declaring, according to the best of the knowledge and belief of the person so swearing, the name of such vessel, her burden, the place where she was built, if built within the United States, and the year in which she was built; or that she has been captured in war, specifying the time, by a citizen of the United States, and lawfully condemned as prize, producing a copy of the sentence of condemnation, authenticated in the usual forms; or that she has been adjudged to be forfeited for a breach of the laws of the United States, producing a like copy of the adjudication of 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 other owner, specifying his name and place of abode, and that he is a citizen of the United States, and specifying the proportion belonging to each owner; and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for and a partner in a house or copartnership consisting of citizens of the United States, actually carrying on trade within the United States, that such is the case, that the person so swearing is a citizen of the United States, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence, or otherwise, interested in such vessel, or in the profits or issues thereof; and that the master thereof is a citizen, naming the master, and stating the means whereby or manner in which he is a citizen. 46 § 20. Oath by corporate officer or agent of owner Previous to granting a register for any vessel owned by any incorporated company, or by an individual or individuals, the president or secretary of such company, or any other officer or agent thereof, duly authorized by said company in writing, attested by the corporate seal thereof, to act for the company in this behalf, or the managing owner, or his agent duly authorized by power of attorney, when such vessel is owned by an individual or individuals, shall swear to the ownership of the vessel without designating the names of the persons composing the company, when such vessel is owned by a corporation, and the oath of either of said officers or agents shall be deemed sufficient without requiring the oath of any other person interested and concerned in such vessel. 46 § 21. Forfeiture for false swearing If any of the matters of fact alleged in the oath taken by an owner to obtain the registry of any vessel, which within the knowledge of the party so swearing are not true, there shall be a forfeiture of the vessel, together with her tackle, apparel, and furniture, in respect to which the oath shall have been made, or of 1 Functions of officers of Customs Service were transferred to the Commandant, USCG. |