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(c) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of a vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores for violation of the customs laws, the disposition of such vessel, including its tackle, apparel, furniture, appurtenances. cargo, and stores or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provision of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter. (Pub. L. 88-308, § 2, May 20, 1964, 78 Stat. 195; Pub. L. 91-514, § 1, Oct. 27, 1970, 84 Stat. 1296.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-514, § 1(1), increased the fine from $10,000 to $100,000.

Subsec. (b). Pub. L. 91-514, § 1(2), added presumption that fish found aboard a seized vessel were taken or retained in violation of this chapter.

§ 1083. Enforcement responsibility.
(a) Joint responsibility of Secretaries.

Enforcement of the provisions of this chapter is the joint responsibility of the Secretary of the Interior, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating, and each such Secretary may, by agreement with any other Federal department or agency, utilize the equipment (including aircraft and vessels) of that department or agency to carry out such enforcement. In addition, the Secretary of the Interior may designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and of any territory or possession of the United States to carry out enforcement activities hereunder. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Civil Service Commission.

(b) Issuance of warrants and other processes.

The judges of the United States district courts, the judges of the highest courts of the territories and possessions of the United States, and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, including warrants or other process issued in admiralty proceedings in Federal District Courts, as may be required for enforcement of this chapter and any regulations issued thereunder.

(c) Powers of enforcement.

Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this chapter.

(d) Arrest.

Such person so authorized shall have the power(1) with or without a warrant or other process, to arrest any person committing in his presence or view a violation of this chapter or the regulations issued thereunder;

(2) with or without a warrant or other process, to search any vessel and, if as a result of such search he has reasonable cause to believe that such vessel or any person on board is in violation of any provision of this chapter or the regulations issued thereunder, then to arrest such person.

(e) Seizure of vessel, etc.

Such person so authorized may seize any vessel, together with its tackle, apparel, furniture, appurtenances, cargo and stores, used or employed contrary to the provisions of this chapter or the regulations issued hereunder or which it reasonably appears has been used or employed contrary to the provisions of this chapter or the regulations issued hereunder. (f) Seizure of illegal catch; disposal.

Such person so authorized may seize, whenever and wherever lawfully found, all fish taken or retained in violation of this chapter or the regulations issued thereunder. Any fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction pursuant to the provisions of subsection (g) of this section, or if perishable, in a manner prescribed by regulations of the Secretary of the Treasury.

(g) Discharge of seized fish upon bond or approved security.

Notwithstanding the provisions of section 2464 of Title 28 when a warrant of arrest or other process in rem is issued in any cause under this section, the United States marshal or other officer shall discharge any fish seized if the process has been levied, on receiving from the claimant of the fish a bond or stipulation for the value of the fish with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the fish seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. In the discretion of the accused, and subject to the direction of the court, the fish may be sold for not less than its reasonable market value and the proceeds of such sale placed in the registry of the court pending judgment in the case. (Pub. L. 88-308, § 3, May 20, 1964, 78 Stat. 195; Pub. L. 91-514, § 2, Oct. 27, 1970, 84 Stat. 1297.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-514 eliminated provisions authorizing the Secretary of the Interior to designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and of any territory or possession of the United States to carry out enforcement activities and provisions empowering such officers and employees to function as Federal law enforcement agents.

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, see Pub. L. 90578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes

office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

§ 1084. Regulations.

The Secretaries of the Treasury and Interior are authorized jointly or severally to issue such regulations as they determine are necessary to carry out the provisions of this chapter. (Pub. L. 88-308, § 4. May 20, 1964, 78 Stat. 196.)

§ 1085. Definitions.

(a) As used in this chapter, the term "Continental Shelf fishery resource" includes the living organisms belonging to sedentary species; that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil of the Continental Shelf.

(b) The Secretary of the Interior in consultation with the Secretary of State is authorized to publish in the Federal Register a list of the species of living organisms covered by the provisions of subsection (a) of this section.

(c) As used in this chapter, the term "fisheries" means the taking, planting, or cultivation of fish, mollusks, crustaceans, or other forms of marine ani

mal or plant life by any vessel or vessels; and the term "fish" includes mollusks, crustaceans, and all other forms of marine animal or plant life.

(d) As used in this chapter, the term "Continental Shelf" refers (a) to the seabed and subsoil of the submarine areas adjacent to the coast but outside the area of the territorial sea, to a depth of 200 meters or, beyond that limit, to where the depth of the superjacent waters admits of the exploitation of the natural resources of the said areas; (b) to the seabed and subsoil of similar submarine areas adjacent to the coasts of islands. (Pub. L. 88-308, §5, May 20, 1964, 78 Stat. 196.)

§ 1086. Reward to informers.

The Secretary of the Treasury may pay to any person, other than an officer of the United States or a person authorized to function as a Federal law enforcement agent under this chapter, compensation of not more than $5,000 if such person submits to any such officer or authorized person original information concerning any violation, perpetrated or contemplated, of this chapter and such information leads to any penalty or forfeiture incurred for violation of this chapter. (Pub. L. 88-308, § 6, as added Pub. L. 91-514, § 3, Oct. 27, 1970, 84 Stat. 1297.)

29. Retaliation Against Foreign Countries Suspending or Denying Privileges to United States Vessels

46 U.S.C. 142-143

§ 142. Retaliatory suspension of commercial privileges to foreign vessels.

Whenever any foreign country whose vessels have been placed on the same footing in the ports of the United States as American vessels (the coastwise trade excepted) shall deny to any vessels of the United States any of the commercial privileges accorded to national vessels in the harbors, ports, or waters of such foreign country, the President, on receiving satisfactory information of the continuance of such discriminations against any vessels of the United States, is authorized to issue his proclamation excluding, on and after such time as he may indicate, from the exercise of such commercial privileges in the ports of the United States as are denied to American vessels in the ports of such foreign country, all vessels of such foreign country of a similar character to the vessels of the United States thus discriminated against, and suspending such concessions previously granted to the vessels of such country; and on and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vessel of such foreign country excluded by said proclamation from the exercise of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States; and any person opposing any officer of the United States in the en

forcement of this section, or aiding and abetting any other person in such opposition, shall forfeit $800, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years. (June 19, 1886, ch. 421, § 17, 24 Stat. 82.)

CROSS REFERENCES

Felony as offense punishable by imprisonment for term exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure.

Principals, see section 2 of Title 18.

§ 143. Retaliation on denial of rights to United States vessels in British North America.

Whenever the President of the United States shall be satisfied that American fishing vessels or American fishermen, visiting or being in the waters or at any ports or places of the British dominions of North America, are or then lately have been denied or abridged in the enjoyment of any rights secured to them by treaty or law, or are or then lately have been unjustly vexed or harassed in the enjoyment of such rights, or subjected to unreasonable restrictions, regulations, or requirements in respect of such rights; or otherwise unjustly vexed or harassed in said waters, ports, or places; or whenever the President of the United States shall be satisfied that any such fishing vessels or fishermen, having a permit under the laws of the United States to touch and trade at any port or ports, place or places, in the British dominions of North America, are or then lately have been denied the privilege of entering such

port or ports, place or places in the same manner and under the same regulations as may exist therein applicable to trading vessels of the most favored nation, or shall be unjustly vexed or harassed, in respect thereof, or otherwise be unjustly vexed or harassed therein, or shall be prevented from purchasing such supplies as may there be lawfully sold to trading vessels of the most favored nation; or whenever the President of the United States shall be satisfied that any other vessels of the United States, their masters, or crews, so arriving at or being in such British waters or ports or places of the British dominions of North America, are or then lately have been denied any of the privileges therein accorded to the vessels, their masters, or crews, of the most favored nation, or unjustly vexed or harassed in respect of the same, or unjustly vexed or harassed therein by the authorities thereof, then, and in either or all of such cases, it shall be lawful, and it shall be the duty of the President of the United States, in his discretion, by proclamation to that effect, to deny vessels, their masters and crews, of the British dominions of North America, any entrance into the waters, ports, or places of or within the United States (with such exceptions in regard to vessels in distress, stress of weather, or needing supplies as to the President shall seem proper), whether such vessel shall have come directly from said dominions on such destined voyage or by way of some port or place in such destined voyage elsewhere; and also to deny entry into any port or place of the

United States of fresh fish or salt fish or any other product of said dominions, or other goods coming from said dominions to the United States. The President may, in his discretion, apply such proclamation to any part or to all of the foregoing named subjects, and may revoke, qualify, limit, and renew such proclamation from time to time as he may deem necessary to the full and just execution of the purposes of this section. Every violation of any such proclamation, or any part thereof, is declared illegal, and all vessels and goods so coming or being within the waters, ports, or places of the United States contrary to such proclamation shall be forfeited to the United States; and such forfeiture shall be enforced and proceeded upon in the same manner and with the same effect as in the case of vessels or goods whose importation or coming to or being in the waters or ports of the United States contrary to law may be enforced and proceeded upon. Every person who shall violate any of the provisions of this section, or such proclamation of the President made in pursuance hereof, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment for a term not exceeding two years, or by both said punishments, in the discretion of the court. (Mar. 3, 1887, ch. 339, 24 Stat. 475.)

CROSS REFERENCES

Felony as offense punishable by imprisonment for term exceeding one year, sec section 1 of Title 18, Crimes and Criminal Procedure.

30. Privileges of Vessels of the United States Employed in Fisheries; Landing of Catch by Foreign-Flag Vessels; Landing of Foreign Vessels in Virgin Islands; Enrollment

46 U.S.C. 251-252

§ 251. Vessels entitled to privileges of vessels employed in coasting trade or fisheries; landing of catch of fish by foreign-flag vessels; sale or transfer for immediate consumption; forfeitures and penalties.

(a) Vessels of twenty tons and upward, enrolled in pursuance of sections 251 to 255, 258, 259, 262 to 280, 293, 306 to 316, 318, 321 to 330 and 333 to 335 of this title, and having a license in force, or vessels of less than twenty tons, which, although not enrolled, have a license in force, as required by such sections, and no others, shall be deemed vessels of the United States entitled to the privileges of vessels employed in the coasting trade or fisheries. Except as otherwise provided by treaty or convention to which the United States is a party, no foreign-flag vessel shall, whether documented as a cargo vessel or otherwise, land in a port of the United States its catch of fish taken on board such vessels on the high seas or fish products processed therefrom, or any fish or fish products taken on board such vessel on the high seas from a vessel engaged in fishing operations or in the processing of fish or fish products.

(b) Subsection (a) of this section shall not be deemed to prohibit the landing by a foreign-flag vessel of not more than fifty feet overall length in a port of the Virgin Islands of the United States

for immediate consumption in such islands of its catch of fresh fish, whole or with the heads, viscera, or fins removed, but not frozen, otherwise processed. or further advanced. No fish landed under this authorization shall be sold or transferred except for immediate consumption. Sale or transfer to an agent, representative, or employee of a freezer or cannery shall be deemed to be prohibited in the absence of satisfactory evidence that such sale or transfer is for immediate consumption. For the purposes of this subsection, the term "immediate consumption" shall not preclude the freezing, smoking, or other processing of such fresh fish by the ultimate consumer thereof.

(c) Any fish landed in the Virgin Islands of the United States which are retained, sold, or transferred other than as authorized in subsection (b) of this section shall be liable to forfeiture and any person or persons retaining, selling, transferring, purchasing, or receiving such fish shall severally be liable to a penalty of $1,000 for each offense, in addition to any other penalty provided in law. (R.S. § 4311; Sept. 2, 1950, ch. 842, 64 Stat. 577; Sept. 13, 1961, Pub. L. 87-220, § 1, 75 Stat. 493.)

DERIVATION

Acts Feb. 18, 1793, ch. 8, § 1, 1 Stat. 305; Apr. 18, 1874 ch. 110, 18 Stat. 31.

REFERENCES IN TEXT

Section 273, included within the reference to sections 262 to 280 of this title, was repealed by Pub. L. 89-476, § 2(d), June 29, 1966, 80 Stat. 230.

AMENDMENTS

1961-Pub. L. 87-220 designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

1950-Act Sept. 2, 1950, added second sentence to increase protection to American fishermen.

LANDING OF CATCH OF FISH BY FOREIGN-FLAG VESSELS Provisions of this section prohibiting the landing of fish in United States ports by foreign-flag vessels direct from fishing grounds unaffected, see section 6 of Pub. L. 87-814, set out as a note under section 951 of Title 16, Conservation.

CROSS REFERENCES

Exemption from requirements of this section

Canal boats or boats employed on internal waters or canals of any state, see section 336 of this title. Entry and clearance fees and tonnage taxes, enrolled, licensed, or registered vessels, see sections 111, 122, and 123 of this title.

Vessels not propelled by sail or internal motive power, see section 332 of this title. Fishing vessels; transfer and transportation of catch of other vessels, see section 404a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§ 251a. Remission or mitigation of fines, penalties or forfeitures.

Any fine, penalty, or forfeiture incurred under the provisions of this Act shall be subject to remission or mitigation in accordance with section 7 of this title. (Pub. L. 87-220, § 2, Sept. 13, 1961, 75 Stat. 493.)

REFERENCES IN TEXT

This Act, referred to in the text, means Pub. L. 87-220, which added subsecs. (b) and (c) to section 251 of this title, section 251b of this title, and this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335 of this title.

§ 251b. Regulations.

The Secretary of the Treasury may issue such regulations as he deems necessary for the enforcement of the provisions of this Act. (Pub. L. 87-220, § 3, Sept. 13, 1961, 75 Stat. 493.)

REFERENCES IN TEXT

This Act, referred to in the text, means Pub. L. 87-220, which added subsecs. (b) and (c) to section 251 of this title, section 251a of this title, and this section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335 of this title.

§ 252. Vessels which may be enrolled.

In order for the enrollment of any vessel, she shall possess the same qualifications, and the same requirements in all respects shall be complied with, as are required before registering a vessel; and the same powers and duties are conferred and imposed upon all officers, respectively, and the same proceedings shall be had, in enrollment of vessels, as are prescribed for similar cases in registering; and vessels enrolled, with the masters or owners thereof, shall be subject to the same requirements as are prescribed for registered vessels. (R.S. § 4312.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 2, 1 Stat. 305.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Registry and recording of vessels, see chapter 2 of this

title.

Vessels purchased, chartered, or leased from Secretary of Commerce, enrollment, see section 808 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

31. Fishing Vessels Touching and Trading at Foreign Ports

46 U.S.C. 310-311, 331

§ 310. Permit to touch at foreign port. Whenever any vessel, licensed for carrying on the fishery, is intended to touch and trade at any foreign port, it shall be the duty of the master or owner to obtain permission for that purpose from the collector of the district where such vessel may be, previous to her departure, and the master of every such vessel shall deliver like manifests, and make like entries, both of the vessel and of the merchandise on board, within the same time, and under the same penalty, as are by law provided for vessels of the United States arriving from a foreign port. (R. S. § 4364.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 21, 1 Stat. 313.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise

of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Vessels licensed for "coasting trade and Mackerel fishery," application of section to, see section 263 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 263, 268, 274. 275, 311, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§ 311. Penalty for touching at foreign port without permission.

Whenever a vessel, licensed for carrying on the fisheries, is found within three leagues of the coast, with merchandise of foreign growth or manufacture, exceeding the value of $500, without having such permission as is directed by section 310 of this title, such vessel, together with the merchandise of foreign growth or manufacture imported therein, shall be subject to seizure and forfeiture. (R. S. § 4365.)

DERIVATION

Act Feb. 18, 1793, ch. 8, § 21, 1 Stat. 313.

CROSS REFERENCES

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this title.

Vessels licensed for "coasting trade and Mackerel fishery," application of section to, see section 263 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251, 263, 268, 274, 275, 321, 322, 323, 324, 326, 328, 332, 333, 335, 336 of this title.

§ 331. Certain fees abolished.

No fees shall be charged or collected by collectors or other officers of customs, or by Coast Guard officials, for the following services to vessels of the United States, to wit: Measurement of tonnage and certifying the same, except that the compensation and necessary travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a customs station shall be paid by such owners; issuing of license or granting of certificate of registry, record, or enrollment, including all indorsements on the same and oath; indorsement of change of master; certifying and receiving manifest, including master's oath and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list; certificate of protection to seamen; bill of health; shipping or discharging of seamen, as provided by title 53 of the Revised Statutes and sections 563 and 646 of this title; apprenticing boys to the merchant service; inspecting, examining, and licensing steam vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel. (June 19, 1886, ch. 421, § 1, 24 Stat. 79; Apr. 4, 1888, ch. 61, § 2, 25 Stat. 80; June 25, 1938, ch. 679, § 19(a), 52 Stat. 1087; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

REFERENCES IN TEXT

For distribution of Title 53, referred to in text, sections 4501-4612, of the Revised Statutes, see note under section 543 of this title.

CODIFICATION

This is from the Shipping Act of June 19, 1886, § 1, as amended by act Apr. 4, 1888.

Prior to its incorporation into the Code, the section contained the following additional provisions: "And all provisions of laws authorizing or requiring the collection of fees for such services are repealed, such repeal to take effect July first, eighteen hundred and eighty-six. Collectors or other officers of customs, inspectors of steam

vessels, and shipping commissioners who are paid wholly or partly by fees shall make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, under such regulations as that officer may prescribe; and the Secretary of the Treasury shall allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of this act; also such compensation to clerks of shipping commissioners and clerks of steamboat inspectors, and such allowances for fees of United States marshals and witnesses for services under the steamboatinspection laws, and for expenses of steamboat inspectors provided for by section forty-four hundred and sixty-one of the Revised Statutes as would have been paid them had this act not passed: Provided, That such services have, in the opinion of the Secretary of the Treasury, been necessarily rendered."

The amendment by act Apr. 4, 1888, inserted in the last sentence, after the words "clerks of shipping commissioners," the provisions beginning with the words "and clerks of steamboat inspectors," and ending with the words "of the Revised Statutes."

These provisions were, in part superseded by the reorganization of the customs service under act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434 (former section 1 of Title 19); in part by act June 25, 1910, ch. 384, § 7, 36 Stat. 773, repealing so much of the act of 1886 as made a permanent indefinite appropriation to pay compensation to shipping commissioners and their clerks, and requiring estimates therefor to be submitted annually; and in part by subsequent acts making appropriations for the steamboat inspection service and shipping commissioners. See act Feb. 24, 1927, ch. 189, 44 Stat. 1205, 1206.

The following provisions were omitted from the Code as superseded by this section: R.S. § 4185, as to fees of collectors for each certificate of registry or record, for each indorsement, and for taking any bond required by that title; R.S. § 4186, as to fees of surveyors for the admeasurement of vessels, etc., and other services to be performed on board vessels; R.S. § 4458, as amended by act Apr. 5, 1882, ch. 67, 22 Stat. 40, as to sums to be demanded and received by the collector or other chief officer of the customs before issuing any license to any steamer, as compensation for the inspections and examinations made for the year; and the fees to be paid by each master, engineer, pilot, and mate, licensed as therein provided; and act June 26, 1884, ch. 121, § 28, 23 Stat. 59, dealing, in part, with the same matters; R.S. §§ 4592, and 4593, as to fees upon engagements and discharges and apprenticeships effected before shipping commissioners; a provision of act Aug. 5, 1882, ch. 398, § 3, 22 Stat. 301, authorizing the Secretary of the Treasury to establish and promulgate a scale of fees for readmeasurement of spaces to be deducted from the gross tonnage of a vessel. A provision of act Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1315, that all payments to collectors or other officers of the customs on account of fees theretofore paid from the permanent indefinite appropriation provided for by section 1 of the act of 1886, should be paid from the appropriation “Expense of collecting the revenue from customs" was superseded by the reorganization of the customs service mentioned above.

AMENDMENTS

1938-Act June 25, 1938, required owners of vessels to pay compensation and travel and subsistence expenses of officers measuring or certifying vessels at request of owners at a place other than a port of entry or customs station.

EFFECTIVE DATE OF 1938 AMENDMENT

Section 37 of act June 25, 1938, provided that the amendment to this section shall take effect on the thirtieth day following June 25, 1938, except as otherwise specifically provided, see note under section 1401 of Title 19, Customs Duties.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated

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