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T. D. 19859.

R. S. 4136, as amended.

U.S. C., title 46, sec. 14.

R. S. 4132, as amended.

U. 8. C., title 46,

sec. 11.

T. D. 5106, 5444.

Class 7.-Those authorized by special act of Congress to be documented.

Class 8.-Those wrecked on the coasts of the United States or its possessions or in adjacent waters, when purchased by a citizen or citizens of the United States and repaired in a shipyard in the United States or its possessions.

It must be proved to the satisfaction of the Secretary of Commerce, through a board of three appraisers appointed by him, if necessary, that the repairs put upon such vessel are equal to three times the appraised salved value thereof. The expense of such appraisal shall be borne by the owner of the vessel.

If any of the material facts sworn to or represented by the owner, or at his instance, to obtain documents of any vessel are not true, such vessel is liable to forfeiture.

Class 9.-Seagoing vessels, whether steam or sail, wherever built, when wholly owned by citizens of the United States or corporations organized and chartered under the laws of the United States or any State thereof, the president and managing directors of which are citizens of the United States. (See art. 67.)

Foreign-built vessels registered in accordance with the foregoing provisions of class 9 shall engage only in trade with foreign countries or with the Philippine Islands, American Samoa and the island of Guam. They shall U. S. C., title 46, not engage in the coastwise trade, except as provided by sections 18 and 22, merchant marine act, 1920.

secs. 13, 808.

R. S. 4385.

Acts Apr. 18, 1874; June 19, 1886, sec. 7.

U.S. C., title 46, secs. 332, 335, 336, 319.

T. D. 4634, 23219, 4661 (act June 30, 1879).

Act Mar. 4, 1915.
Shipping act,
1916, sec. 2.

(d) Vessels described as follows, if falling within the provisions of the foregoing classes, shall be documented: Barges, lighters, and other boats provided with sail or internal motive power, whether such power is generally used or not.

Barges and boats without sail or internal motive power of their own, engaged in trade with Canada, or employed upon the marine waters of the United States.

Barges and boats without sail or internal motive power of their own, carrying passengers.

Art. 11. Provisional registers.-(a) Consular officers of the United States, and such other persons as may be designated by the President for the purpose, are authorU.S...title 46, ized 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 4132, Revised Statutes, as amended.

secs. 12, 802.

U.S. C., title 46,

sec. 11.

(b) Such provisional certificates shall entitle the vessel to the privileges of a vessel of the United States in trade with foreign countries or with the Philippine Islands, American Samoa and the island of Guam, until the expiration of six months from the date thereof, or until 10 days after the vessel's arrival in a port of the United States, 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, as amended by the act of August 18, 1914.

(c) Such provisional certificates shall be issued and surrendered in exchange for certificates of registry under regulations prescribed by the Secretary of Commerce

sec. 103,

1912.

Art. 12. Yachts entitled to documents.-Yachts meas- R. S. 4214. Act Aug. 20, 1912. uring 16 gross tons or over, used exclusively as pleasure U.S. C., title 46, vessels, otherwise entitled to be documented, must be Cir. 8, B. of N., licensed to proceed from port to port within the United States without entering or clearing, and to foreign ports without clearing at the customhouse. Such yachts must enter at the customhouse on arrival from foreign ports. Art. 13. Vessels exempt from documentation.-(a) The Act Apr. 18, 1874. following classes of vessels do not require to be docu-sec. 336. mented: (1) Boats or lighters not masted, or if masted and not U.S. C., title 46, decked, employed in the harbor of any town or city, and not carrying passengers.

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

(3) Barges or boats without sail or internal motive power of their own, plying on inland rivers or lakes of the United States, not engaged in trade with contiguous foreign territory and not carrying passengers.

(4) Vessels plying upon waters wholly within the limits of a State having no outlet into a river or lake on which commerce with foreign nations or among the States can be carried on.

(5) Vessels of less than 5 net tons.

U. S. C., title 46,

T. D. 4634, 4661.
R. S. 4385.

sec. 335.

R. S. 4331, 4371,

secs. 273, 319.

(b) Pleasure vessels measuring under 16 gross tons U.S. C., title 46, may not be licensed, except under special instructions Cir. 8, B. of N., from the Bureau of Navigation of the Department of Commerce.

1912.

R. S. 4371.

Act June 19, 1886, sec. 7.

secs. 317, 319.

(c) All other vessels engaged in trade between port and U.S. C., title 48, port in the United States or carrying on the fishery must, if not registered, be enrolled and licensed, or licensed, or will be liable to a penalty of $30 on every arrival, unless the vessel has not been within a customs district since the expiration of the license.

Act June 7, 1918. U.S. C., title 46, sec. 288.

R. S. 4190, 4191, 4306.

Art. 14. Vessels required to have identification numbers. All undocumented vessels propelled in whole or in part by machinery, except public vessels and vessels not more than 16 feet in length equipped with detachable motors, owned in the United States and found on the navigable waters thereof, must have identification numbers. (See art. 91.)

Art. 15. Marine documents, sea letters, and passsecs, 61, 62, 351. ports.-(a) Marine documents consist of certificates of registry, enrollments, and licenses. In addition to these, sea letters and passports for vessels in time of war may be issued through collectors of customs, on application, to registered vessels engaged in the foreign trade by sea, as an additional protection and evidence of nationality. Such sea letters and passports are in all cases to be surrendered with the certificate of registry at the expiration of the voyage.

R. S. 4138, 4315, 4327.

secs. 16, 255, 269.

(b) Marine documents are of two descriptions-permanent, granted to vessels at their home ports, and temporary, granted to vessels at ports other than their home ports.

(c) These two classes of documents should be distinguished by plainly writing the word "permanent" or "temporary" in the margin immediately above the number, and the same rule should be observed in respect to the copies and records.

(d) Registers and enrollments are valid for any length U.S. C., title 46, of time until a contingency arises requiring their surrender. (See art. 44.) Licenses are valid for one year only, but may be renewed or changed at any time during the year for which they are granted. Care should be taken that only one license, and for one employment, be granted to a vessel for the same time.

R. S. 4324.
U.S. C., title 46,
sec. 266.

(e) No enrollment or license shall be considered in force longer than the vessel to which it is granted is owned by the person named therein, nor shall it be valid if the description of the vessel is changed, or if the vessel engages in any business or employment other than that for which the document was granted.

Art. 16. Form of marine documents.-Marine documents must be in the prescribed form, as follows: (a) Registers: Commerce Form 1265.

R. S. 4155.
U.S. C., title 46,

R. S. 4319, 4321.
Acts Apr. 24,

(b) Enrollments and licenses: Commerce Form 1271 for Sec. 25. vessels employed in the coasting trade and fisheries; 1906; Feb. 29, 1912. commerce Form 1290 for yachts.

U.S. C., title 46, secs. 259, 260, 263.

U.S. C., title 46,

(c) Licenses for vessels of less than 20 tons net: Com-BS: 4321; merce Form 1285 for vessels employed in the coasting sec. 263. trade and fisheries; commerce Form 1288 for yachts. Commerce Forms 1271, 1285, and 1288 are not used on the Great Lakes. (See art. 65.)

Art. 17. Marine documents to be signed and sealed.(a) All marine documents must be signed and sealed by sec. 28. the collector before being issued.

R. S. 4158, 4332.
U. S. C., title 46,
Tariff act 1930,
sec. 523.
R. S. 4158.

sec. 28.

(b) The certificate of registry must bear the seal of the U.S. C., title 46, Department of Commerce, attested by the Commissioner of Navigation.

Art. 18. Marine documents to be numbered. (a) The documents granted at each port must be consecutively numbered, beginning anew at the commencement of each fiscal year.

(b) Each kind of marine document (register, enrollment, license to vessel under 20 tons, yacht enrollment, and yacht license) must begin with number 1 on July 1 of each fiscal year.

Art. 19. New marine documents.-When a new marine document is issued in lieu of one surrendered, such new document must in all cases cite the previous document by number, date, and port of issue, carry any notation of the authority for documentation or of the existence of unsatisfied preferred mortgages as appearing on the surrendered document, and give the cause of surrender of the old document. A certificate of the builder or a surveyor's certificate of measurement will not be required unless some change of tonnage has taken place since the time of the previous documentation. (See arts. 44, 49, and 51.)

R.

8. 4176, 4333. sc., title 46, secs. 44, 275.

Act July 5, 1884,

U.S.

Act Aug. 5, 1882.

secs. 74, 77.

Art. 20. Dimensions and tonnage of vessels to be ex- R. S. 4150, 4153, pressed in marine documents.-The marine document of U. S. C., title 46, every vessel shall express her length, breadth, and depth, and the height under the third or spar deck; the number of decks and masts; the tonnage under the tonnage deck; that on the between decks above the tonnage deck; that of the poop or other inclosed spaces above the deck, each separately; it shall state separately the deductions made

T. D. 19053.

T. D. 17674.

R. S. 4311, 4371.

Act June 19, 1886. U.S. C., title 46, secs. 251, 317, 319.

R. S. 4147.

from the gross tonnage, and shall also state the net or register tonnage.

Art. 21. Fractions of net tons not to be reported.Customs officers should not enter in the marine document nor should owners mark upon the main beam of a vessel any fraction of a ton of the net capacity. Example: If the net capacity of a vessel, as shown by her certificate of admeasurement, is either 500.90 or 500.10 tons, it should be marked "500" on her main beam and so entered in her marine document. Customs officers should, however, enter in each marine document the fractions of tons in the capacities making up the gross and in the capacities deducted from the gross to ascertain the net.

Art. 22. Registers.-Certificates of registry are requisite for vessels of the United States engaged in the foreign trade, and are permitted to such vessels engaged in the domestic trade, under the requirement of entering at the customhouse at every port of arrival. Blank forms (commerce 1265) attested under the seal of the Department of Commerce, will be furnished to collectors. (See art. 52.)

Art. 23. Enrollment and license-Coasting trade and fisheries.-(a) Vessels of 20 tons net or more enrolled and having a license in force, or, if of 5 tons net and less than 20 tons net, not enrolled but having a license in force, may be employed in the coasting trade and fisheries.

(b) Such vessels only as are engaged in catching cod or mackerel should be licensed for the fisheries. Vessels engaged in catching other kinds of fish should be licensed for the coasting trade.

(c) Vessels enrolled and licensed may engage in trade

U.S. C., title 46, with the Canal Zone.

sec. 24.

Art. 24. Builder's certificate.-(a) In order to document a vessel of class 1 not before documented it is necessary to produce a certificate (commerce Form 1261) from the builder under whose direction the vessel was built that she was so built, stating the place, time, person or persons for whom built, number of decks and masts, length, breadth, depth, and tonnage, and such other particulars as are usually descriptive of the identity of a vessel. This certificate will be sufficient to authorize the removal of a new vessel, if in ballast only, from the district where she may have been built to another district in the same or an adjoining State where the owner or owners actually reside. The col

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