such ship or vessel shall afterwards become American property; but the person, being a citizen of the United States, owning any ship or vessel at the time of the seizure or capture of the same, or his executors or administrators, may, if he or they regain, by purchase or otherwise, a property in such vessel so condemned, claim and receive a new certificate of registry, on due compliance with the conditions prescribed by law. Owners making voluntary sales of registered vessels to foreigners, and afterwards regaining ownership, and all other purchasers of such vessels so sold, The American citi- are thus excluded from the privilege of a new registry. Vessel at the time This privilege is granted only to the owner of a vessel, zen owning the of seizure, or his executors or ad entitled, on regain new registry. ministrators, alone his executors and administrators, of the possession of ing possession, to which he has been divested by seizure or capture and condemnation, under the authority of a foreign government, should he or they afterwards regain the property, The rule equally and comply with the usual requirements of law. same rule is applicable to enrolled and licensed vessels. applicable to enrolled and licensed vessels. The SECTION VII. ISSUE AND SURRENDER OF PERMANENT AND TEMPORARY CERTIFICATES OF REGISTRY. surrendering of On the issuing and ART. 34. It is deemed advisable, for convenient referpermanent and ence, to state, in brief, the circumstances under which cates of registry. permanent and temporary certificates of registry may be issued and surrendered. temporary certifi On granting per manent certifi Permanent certificates of registry are to be granted uncates of registry. der the following circunstances, as heretofore more particu larly prescribed: First. In cases first, second, third, fourth, and fifth, enumerated in the first section of this chapter, where the vessel belongs to the district in which the application is made; Second. To a vessel belonging to a port in the district where the application is made, on an oath or affirmation being first made, according to the form heretofore prescribed, No. 8, that the former certificate of registry has been lost or destroyed, or unintentionally and by mere accident mislaid, the requirements of the law in other cases being also first complied with; Third. To a vessel belonging to a port within the district, on the surrender of a temporary certificate of registry granted in another district; Fourth. To a vessel belonging to a port within the district, on the surrender of a certificate of enrolment granted in the same or another district. Permanent certificates of registry are to be surrendered On surrender of in the following cases: First. In case of the sale or transfer of the vessel, in whole or in part, to a citizen or citizens of the United States, or to a foreigner or foreigners; Second. In case the vessel shall be lost or taken by an enemy, be burnt or broken up, or otherwise prevented from returning to the port to which she belongs; Third. In case the vessel be 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. permanent certificates of registry. porary certificates Temporary certificates of registry are to be granted on granting temunder the following circumstances, as heretofore more of registry. particularly described: First. When a ship or vessel is purchased, in whole or in part, or owned by a citizen or citizens of the United States, the same being within any district other than the one in which he or they usually reside; or when a ship or vessel is purchased, in whole or in part, by the agent or attorney of a citizen or citizens living in a district comprehending the port to which the ship or vessel will, by virtue of such purchase, and by force of law, belong, being more than fifty miles distant from the district where such ship or vessel is at the time of purchase by such agent or attorney; Second. In case a ship or vessel shall arrive within any district, other than that to which she belongs, and it shall be proved that her certificate of registry has been lost or destroyed, or unintentionally and by mere accident mislaid, by an oath or affirmation thereof duly made, the other requirements of the law in that case having been. also complied with On surrender of temporary certifi Third. In case an enrolled and licensed vessel shall arrive in any other district than that to which she belongs, and the master of the vessel shall surrender the enrolment and license, and make oath or affirmation, per Form 10, that the property remains as expressed in the surrendered enrolment. Temporary certificates of registry are to be surrendered cates of registry. to the collector of the district where the vessel belongs, on her arrival, or within ten days after her arrival, within said district, as the law provides. On the sale or transfer of a regis 35. On the sale or transfer in whole or in part by way tered vessel of trust, confidence, or otherwise, of a registered vessel trust or otherwise to a foreigner. 81, 1792. Sec. 16 Act Dec. to a subject or citizen of a foreign prince or State, the certificate of registry must, if the said vessel be within a district of the United States, be delivered up to the collector of said district within seven days after such purchase or transfer; but if such sale or transfer happen while the vessel is in a foreign port or place, or at sea, the master or person in command or charge thereof shall deliver up the certificate of registry, within eight days after his arrival within any district of the United States, to the collector thereof; and if such sale or transfer shall not be so made known, such ship or vessel, together with her tackle, apparel, and furniture, will be subject by law to forfeiture. This forfeiture, however, does not by the law attach to any share of such vessel owned by a citizen of the United States who is found by the jury, before whom the trial is had, to have been wholly ignorant of the sale or transfer to, or ownership of, such foreign subject or citizen. The certificate delivered up as aforesaid must be forthwith transmitted by the collector to the Register of the Treasury, to be by him cancelled; and if the certificate be delivered up to the collector of a district other than that in which it was granted, the Register will cause due notice to be given to the collector by whom it was issued. SECTION VIII. CHANGE OF MASTER OF REGISTERED VESSEL AND OATH ON ENTRY. ter or commander Sec. 15 Act Dec. 81, ART. 36. When the master, or person having command On change of masor charge of a ship or vessel, registered pursuant to law, of registered vesis changed, the owner, or one of the owners, or the new 1792. master, of such ship or vessel, must report such change to the collector of the district where the same shall happen, or where the ship or vessel shall first be after the same shall have happened, and must produce to him the certificate of registry of such ship or vessel, and make oath or affirmation showing that such new master is a citizen of the United States, and the manner in which, and the means whereby, he is so a citizen; which oath shall be in the following form, to wit: FORM NO. 13. I, Oath or affirmation of new master of vessel. master (or commander) of the ship (or Form of oath of vessel) called the, of of , burden new master or do swear, commander. (or, if conscientiously scrupulous of swearing, do sincerely and truly affirm and declare,) that I am a citizen of the United States, having been born within the limits thereof, (or, if naturalized, having been naturalized in the State on the day of —, 185-, by stating the act or order of naturalization, and by what court): So help me God. The collector must then endorse upon the certificate of registry a memorandum of such change, specifying the name of such new master, and subscribe the same with his name. If the change of master be so reported to the collector of a district other than that in which the certificate of registry was granted, the collector so making the memorandum must transmit a copy thereof to the collector by whom such certificate of registry was granted, declared void, and with notice of the particular ship or vessel to which it refers, and the collector by whom the certificate was granted shall make a like memorandum of such change in his book of registers, and transmit a copy thereof to When certificate the Register of the Treasury. If the change aforesaid be penalty incurred not reported, or if the oath or affirmation aforesaid be not Sec. 15 Act Dec. 81, taken, the certificate of registry is declared void by the by master. 1792. Oath of owner of every ship or ves 15th section of the act of December 31, 1792, and the master or person in command or charge of the vessel is subjected to a fine of one hundred dollars. 37. Upon the entry of every ship or vessel of the United sel on her entry States from any foreign port or place, the owner or part from a foreign port. 1792. Sec. 17 Act Dec. 81, Owner, if resident at the port of entry, shall make oath or affirmation that the certificate of registry of such ship or vessel contains the name or names of all the persons who are then owners of the said ship or vessel, or if any part of such ship or vessel has been sold or transferred since the granting of such certificate, that such is the case, and that no foreign citizen or subject has, to the best of his knowledge and belief, any share, by way of trust, confidence, or otherwise, in such ship or vessel. The oath or affirmation will be in the following form, to wit: -, master or commander) of the of do swear, (or, part owner) (or I, all persons who are now owners thereof, (excepting that to whom one-third of said ship of of or vessel has been sold or transferred since the granting of said register,) and that no foreign subject or citizen has, to the best of my knowledge and belief, any share, by way of trust, confidence, or otherwise, in said ship or vessel: So help me God. |