fjjih<4.&-i^y^t(^ p^zS^^Z^ UNIVERSITY OF CALIFORNIA AT LOS ANGELES Laws of the United States RELATING TO Navigation and ttie Merchant Marine. • o > t : WASHINGTON: GOVERNMENT PRINTING OFFICE. 1899. Treasury Department. Document No. 2126. Bureau of Navigation, -Ht. Laws of the United States Relating to Navigation and the Merchant Marine. Treasury Department, Bureau of Navigation, Washington, I). C, March 27, 1899. Sir : The supply of the Navigation Laws, issued iu 1895, has been exhausted. During the four years which have elax)sed since its publi- cation, Congress has made many changes in the statutes comprised in the volume. A new edition, incorporating legislation to date, has thus seemed desirable. As in the edition of 1895, the eflfort has been made to include in this volume only laws actually in force. Where sections of the Eevised Statutes or other laws have been specifically repealed or amended by subsequent legislation the repealed portions of the law are omitted and the present, not the original, reading of amended sections is adopted. In the numerous instances where the effect of repealing or amendatory acts upon previous legislation is not clear and specific both original and repealing or amendatory statutes have been incorporated. The effort further has been made to confine the law included in this volume to the navigation law, meaning by that term the law relating to vessels. The line between this law and the customs law is not always clearly defined. The laws directly relating to duties on imports and to invoices are not included in this volume, while those relating to entry, clearance, and transportation by water have been comprised within its limits. The scheme of arrangement will appear from the Table of Contents. The law has been divided into large divisions by subjects, called parts, while these parts have been subdivided into headed paragraphs. For further convenience of reference is i^ublished a Table of Laws, giving the sections of the Eevised Statutes and subsequent laws which have been included in this compilation, the date of enactment and amendment, together with the paragraph and page of this compilation in which they may be found. The Table of Laws may be found at the end of the volume, together with the usual Alphabetical Index. A mar- ginal reference gives the number of the section of the Revised Statutes included in each paragraph, or the date and section of the act, if enacted subsequent to the Revised Statutes, with the date of amendatory acts 15899/ ' 4 LETTER OF TRANSMITTAL. which have been incorporated, if practicable, iu the i)aragrai)h. Where reference is made in a paragraph to a title or chapter of the Eevised Statutes, the numbers of the sections comprised in such title or chapter have been printed in brackets. Reference to the Table of Laws at the end of the volume will show which of those sections have been included iu this volume as pertinent or in force, and will also show the page and paragraph where they may be found. Fees payable by the masters and owners of vessels of the United States were in most instances abolished in 1886 and 1890, and accordingly, the statutes imposing such fees are not retained in this compilation, though they furnish a basis on which officers are compensated from the Treasury for services. Eespectfully, yours, Eugene Tyler Chamberlain, Commissioner. Hon. Lyman J. Gage, Secretary of the Treasury. TABLE OF COI^TEISTTS. Part I.— Vessels. I'age 1. Definition of vessel - 15 2. Vessels of the Uuited States 15 3. Registered vessels 15 4. Whaling vessels 16 5. Enrolled and licensed A^essels 16 6. Licensed vessels iinder twenty tons 17 7. Undocumented vessels 1'^ 8. Yachts 17 9. Official number 18 10. Name of vessel 19 11. Change of name 19 12. Draught ^0 Part II.— Measurement. 13. Measurement 21 14. Gross tonnage 22 15. Deck houses, breaks, etc 24 16. Between decks 24 17. Open vessels 25 18. Water ballast 25 19. Net tonnage 25 20. Crew accommodations 25 21. Deductions for other purposes 26 22. Deductions for propelling power 27 23. Register tonnage 28 24. Appendix of measurement 28 25. Vessels exempt from measurement 29 26. Measurement of foreign vessels ~ 29 Part III. — Documents of vessels. 27. Carpenter's certificate 30 28. Oath of owner 30 29. Master's oath of citizenship 31 30. Place of registry 31 31. Form of register 33 32. Custody and surrender of register 34 33. Registers to corporations 35 34. Change of owner 35 35. Change of build 36 36. Change of master 36 37. Mortgage and bill of sale 36 38. Sale to alien 37 39. Loss of register 38 40. Failure to deliver former register 38 41. Cancellation of register 38 42. Special registry law (New York and Paris act) 39 43. Change of trade 40 44. Method of enrollment and license 41 45. Oath of master and owner 41 46. Fees 41 47. Form of enrollment 41 6 TABLE OF CONTENTS. Page. 48. Form of liceuse 42 49. Duration of license 43 50. Surrender of license 43 51. Enrollment and license to corporations 44 52. Change of owner 44 53. Change of master 44 54. Certification by customs officer 45 55. Enrollment outside of district 45 56. Special provisions for enrollment ;ind liceuse 45 57. Inspection of enrollment and licensft 46 58. Record of American-built A^essels owned by aliens 46 59. Oii'enses against the registry law 48 60. Offenses against enrollment and license laws 49 Part IV. — Officers of merchant vessels. 61. Citizenship of officers 50 62. Duration of licenses 50 63. Service during war 51 64. Naturalization of engineer or pilot 51 65. Officer's license 51 66. Master's license 52 67. Mate's license .52 68. Engineer's license 52 69. Pilot's license 53 70. Master or mate acting as pilot 53 71. Oath of officer 53 72. Removal of master 54 Part V. — Merchant seamen. 73. Definitions 55 74. Naturalization and citizenshij) of seamen 55 75. Shipping officers 5G 76. Illegal shipments 57 77. Owners or masters may ship seamen in certain cases 57 78. Apprentices 57 79. Agreement to ship in foreign trade 58 80. Period of engagement 60 81. Penalty for shipment without agreement 60 82. Undermanniug 60 83. Shipment in foreign ports before consuls 60 84. Crew list 61 85. Failure to produce crew 62 86. Papers relating to crew 62 87. Shipment of seamen in the coasting or near-by foreign trade 63 88. Agreement in coasting trade not before commissioner 64 89. Agreement with fi.shermen 65 90. Discharge in foreign trade 66 91. Discharge in foreign ports 67 92. Wages 68 93. Vessels exempt from libel for wages 72 94. Advances and allotments of wages 72 95. Wages and clothing exempt from attachment 74 96. Desertion of seamen abroad 74 97. Desertion of foreign seamen in the United States 74 98. Arbitration before shipping commissioner 75 99. Soliciting lodgers 75 100. Return of seamen Irom foreign ports and Alaska 76 101. Effects of deceased seamen 77 102. Offenses and punishments 80 103. Corporal punishment prohibited 82 104. Procedure 83 105. Form of articles of agreement 83 106. Account of apprentices 85 107. Scale of provisions 86 108. Certificate of discharge 87 109. Sick and disabled seamen 87 TABLE OF CONTENTS. 7 Page. 110. Jurisdiction over American seamen in foreign ports and foreign seamen in Amoricaii ports 88 111. Seamen's witness fees 90 Part VI. — Seaworthiness, supplies, log book. 112. Unseaworthy vessels 92 113. Inspection of hulls 92 114. Inspection of sea worthint^ss at domestic ports 93 115. Inspection of seaworthiness at foreign ports 94 116. Provisions and water 95 117. Weijrhts and measures 97 118. Medicines and antiscorbutics 97 119. Slop chest 97 120. Warmth in cold weather 98 121. Logbook 98 Part VII, — Liability of owners, masters, and shippers. 122. Liabilitv of owners, masters, and shippers 100 123. Act of Feb. 18, 1893 102 124. General libel bond 103 Part VIII. — Inspection of steam vessels. 125. General provisions 105 126. Inspection of registered foreign-built vessels 108 127. Manning of steam passenger vessels 108 128. Inspection of hulls and e(iuipment 108 129. Inspection of boilers 108 130. Loading safety valve 112 131. Water-tight bulkheads 113 132. Life boats, lines, and preservers 113 133. Stairways and deck room Ill 134. Wire tiller ropes 1 15 135. Protection against fire 115 136. Inflammable or explosive cargo 117 137. Carriage of passengers 119 138. Certificate of inspection 120 139. Exhibit of laws . 121 140. Inspectors and officers of steam vessels 121 141. Liability for damage 122 142. Enforcement and penalty 123 Part IX. — Immigrant ships. 143. Accommodations 121 144. Light and air 126 145. Provisions , 127 146. Medical attendance 127 147. Discipline and cleanliness 128 148. Privacy of passengers 128 149. Explosives ; cattle 129 150. Boarding vessel ; passenger list 130 151. Death of passenger 130 152. Inspection 131 153. Penalties 131 Part X. — General pilot laws. 154. General pilot laws 133 Part XI. — Toxxage tax. 155. Rates of tax 135 156. Exemptions from tonnage tax 135 157. Discriminating tonnage taxes 136 158. Alien tonnage taxes 137 159. Light money 138 160. Consular tonnage charges 138 161. Refund of tonnage tax 139 8 TABLE OF CONTENTS. Part XII. — Discrimination and retaliation. 162. Discrimination against American vessels 140 163. Discrimination against American fishing vessels 140 164. Discrimination against products of the United States 142 165. Discrimination on Canadian canals 142 166. A'essels of nations not assimilated by treaty to American vessels 143 167. Discriminating duties 143 Part XIII. — Entry and clearance. 168. Clearance 145 169. Master's oath 145 170. Form of outward manifest 146 171. Form of clearance 146 172. State inspection laws 147 173. Bullion and coin 147 174. Live oak timber 147 175. Fees 147 176. Enrolled and licensed vessels in foreign trade 148 177. Oath of ownership on entry 148 178. Deposit of papers 149 179. War documents, passports, sea letters 150 180. Illegal boarding of vessel 151 Part XIV. — Customs laws directly relating to vessels. 181. Boarding and search of vessel 152 182. Seizure of vessels or merchandise 153 183. Exemption from forfeiture 156 184. Procedure in cases of fines, penalties, and forfeiture 156 185. Moieties, informers' and customs ofiicers' awards 157 186. Procedure 159 187. Limitation of time 161 188. Bonded warehouses , 161 189. Oaths of masters and owners 162 Part XV.— Entry of merchandise. 190. Definitions 163 191. Ports of entry 164 192. Vessels bound to port of delivery 164 193. Eeport and declaration of master 164 194. Special inward manifest for Treasury Department 165 195. Cargo in bulk 165 196. Bond of cargo for reexport 166 197. Inspection of merchandise laden for export 166 198. Transfer of imported merchandise for export 167 199. Delivery of cargo in various districts 167 200. Owner's or consignee's entry of merchandise 168 201. Vessels exempt from entry 169 202. Vessels exempt from certain charges 169 203. Entry of wines and distilled spirits 170 204. Sea stores 170 205. Coal 171 206. Baggage of passengers 171 207. Baggage and tools of trade 171 208. Marks, brands, and trade- marks 172 209. Cigars 173 210. Oaths 173 211. Inward manifests 173 212. Inspection of inward manifest by boarding officer 175 213. Entry of merchandise at special ports 177 214. Clearance at special ports 181 215. Entry of merchandise for difierent port of destination 182 216. Comparison of cargo and manifest 182 217. Collection of duties 183 218. Permit to deliver 183 219. Preliminary entry and unlading 183 220. Illegal unlading 184 TABLE OF CONTENTS. 9 Pago. 221. Special permit to iinlatln by nii;ht 181 222. Unladiiii;: by day 1X5 223. Supervision ot'nnlaclin<]^ 18)J 224. I^imit of time for uiiladinj? 188 225. Weighiiii^, {^aujting, and lueasnriiig 188 226. Unlading of wine and spirits 189 227. Postentry ]J)0 228. Ketnrns of unlading of cargo i;tO 229. Vessels iu distress 191 230. Obstruction by ice 192 231. Tlnlawfiil removal of bonded uiercbaudise 193 232. Transportation in bond 193 233. Transportation to special ports 19 1 234. Immediate delivery 195 235. Immediate transportation 196 236. Salvage of merchandise 199 237. Bond of firm or partnership 199 238. Kefnnd of customs duties 200 239. Fraudulent importation of merchandise 201 240. Bribery and solieitation of bribes 201 241. Express packages 202 242. Liens for freiglit or general average 203 Part XVI. — Taiufk provisions directly relating to vessels. 243. Coal 204 244. Shipbuilding materials 204 245. Materials for repairs 205 246. Sunken merchandise 205 247. Supplies 205 248. Sea stores and equipments 205 Part XVII. — Consuls' services to vessels. 249. Consuls' services to vessels 206 250. Naval officer acting as consul 207 Part XVIII. — Commerce with contiguous countries. 251. Size of foreign trade vessels 208 252. Evasion of the coasting laws on the lakes and frontiers 208 253. Inward manifests 209 254. Customs inspection 210 255. Customs seals on frontier 210 256. Transfer of cargo 212 257. Sea stores 212 258. Saloon stores 213 259. Duties on repairs 213 260. Entry from cue district to another 214 261. Discharging cargo and passengers 215 262. Steam tugs , 215 263. Forms and penalties 215 264. Touching at foreign ports 216 265. Foreign merchandise 216 266. Special provisions for British North America 216 Part XIX. — Domestic commerce. 267. Great districts 218 268. Clearanre within a great district -'18 269. Entry within a great district 219 270. Coasting trade via Isthmus of Panama 220 271. Clearance for another great district 220 272. Entry to another great district 221 273. Exemption on the Mississippi and tributaries 222 274. Vessels with domestic cargo ■ 222 275. Registered vessels in the coasting trade 223 276. Report by master 224 10 TABLE OF CONTENTS. 277. Foreign vessels barrod from coasting trade 224 278. Immediate exportation to foreign port 224 279. Foreign vessels on coasting voyages 224 280. Foreign tng boats 225 281. Penalties for violations of coasting laws 225 282. Forfeiture of vessel and merchandise 226 Part XX. — Trade avith Hawaii. 283. Annexation resolntion 227 Part XXI. — Trade with Porto Rico. 284. Treaty of peace 229 Part XXII. — Trade with the Philippines. 285. Treaty of peace 230 Part XXIII. — Trade with Alaska. 286. Subject to coasting laws 231 287. Firearms and liquor 231 288. Special licenses 232 289. Transfer of cargo 233 290. Yukon and Stikine river trade 233 291. Procedure 233 292. St. Paul and St. George islands 234 293. Transit in bond 234 294. Crimes and penalties 235 Part XXIV. — Seal fisheries. 295. Act of December 29, 1897 236 296. Actof February 21, 1893 237 297. Actof April 6, 1894 238 298. Provisions of Revised Statutes 242 Part XXV. — Quarantine and bills of health. 299. Consular bill of health 246 300. Quarantine regulations 247 301. Quarantine inspection 249 302. Suspension of commerce 249 303. Penalties 250 304. State health laws 250 305. Removal of cargo 251 306. Removal of custom-house 252 Part XXVI. — Immigration. 307. Head money 2,53 308. Lists, tickets, and examination 253 309. Inspection 255 310. Foreign convicts to be deported 256 311. Alien contract and assisted immigration 256 312. Inspection 259 313. Deportation of prohibited immigrants 260 314. Prohibited immigration 261 315. Appeals in certain cases 262 316. Posting of laws 263 317. Miscellaneous provisions 263 Part XXVII. — Chinese immigration. 318. Act of May 5, 1892, as amended November 3, 1893 265 319. Actof September 13, 1888, as amended October 1, 1888 268 320. Actof May 6, 1882, as amended July 5, 1884 271 321. Revised Statutes as amended March 3, 1875 276 TABLE OF CONTENTS. 11 Part XXVIII. — Ockan mail service. Page. 322. Special ocean mail contracts 279 323. General ocean mail service 282 324. United States mail agencies abroad 285 Part XXIX. — Wrecks. 325. Kcport of wrecks 286 326. Canadian wrecks 287 327. Wrecks in foreign waters 287 328. Wrecks in Florida waters 288 Part XXX. — Revenue cutters. 329. Revenue cutters 289 Part XXXI. — Remission of fines and penalties. 330. Remission of fines and penalties 291 Part XXXII. — Cattle and live-stock trade. 331. Regulation of cattle ships 293 332. Inspection of li ve stock 293 333. Horses and horse meat 293 334. Inspection of meat for export 294 335. Interstate trade 295 336. Inspection of pork and bacon 296 337. Diseased cattle 296 338. Quarantine of live stock 297 339. Care of cattle in domestic trade 298 340. Neat cattle 299 Part XXXIII. — Adulterated products. 341. General jjrovisions 301 342. Adulterated food products 301 Part XXXIV.— Tea trade. 343. Tea trade 303 Part XXXV. — Opium trade. 344. Opinm trade 306 Part XXXVI. — Rules to prevent collisions. 345. Duty to stand by 307 346. International rules of 1897 307 347. Consideration of future rules 318 348. Inland rules of 1897 319 349. Limits of application of international and inland or local rules 329 350. Rules for the (ireai Lakes and the St. Lawrence River 331 351. Rules for the Red River of the North, and rivers emptying into Gulf of Mexico 337 352. River navigation 342 353. Rules for the St. Mary's River 342 354. Special rules for regattas 343 Part XXXVII. — Aids to navigation. 355. Assistance by United States vessels 344 356. Removal of derelicts 344 357. Lights and buoys 344 358. Nautical Almanac : 345 359. Charts and manuals 345 360. Storm and weather signals 345 361. Meridians 346 12 TABLE OF CONTENTS. Part XXXVIII.— Obstructions to navigation. Page. 362. Bridfjes, dams, dikes .347 363. General obstructions 347 364. Harbor lines 348 365. Penalties 348 366. Dumping into navigable waters 349 367. Impairing public works 349 358. Obstructing channels 350 369. Penalties .350 370. Bridge spans 351 371. Bridge piers and abutments 352 372. Drawbridges 352 373. Sunken wrecks 353 374. Navigation of canals 354 375. Potomac River 355 Part XXXIX. — New York Harbor. 376. New York Harbor 356 Part XL. — Anchorage grounds. 377. New York Bay - 361 378. Chicago Harbor ' 361 Part XLI. — Neutrality. 379. Neutrality 362 Part XLIL— Guano islands. 380. Guano islands 366 Part XLIII. — Miscellaneous. 381. Life-saving medals 368 382. Rescuing shipwrecked American seamen 369 383. School ships 369 384. Instruction in shipbuilding 370 385. Naval militia 370 386. North Atlantic fisheries 370 387. Special privilege for foreign war vessels 371 388. Navy ration 371 389. Proposed maritime canals 372 390. Coal and war materials 373 391. Mines, torpedoes, and harbor defenses 373 Part XLIV. — Legal procedure. 392. Seizure 375 393. Summary trial 377 Part XLV. — Crimes. 394. Place of trial 379 395. Murder and manslaughter 379 396. Rape -' 380 397. Assault 380 398. Ill treatment of crew 380 399. Mayhem 381 400. Seduction 381 401. Larceny - 381 402. Wrecking 381 403. Mutiny 382 404. Plundering vessel 382 405. Abandonment of seamen 383 406. Barratry 383 407. Arson 383 408. Misprision of felony 384 409. Miscellaneous offenses 384 410. Crimes on the Great Lakes 385 411. Forgery 385 TABLE OF CONTENTS. 13 Paut XLVI.— Piracy. Pago. 412. Piracy :W6 413. Crimes deoiued piracy 387 Part XL VII. — Slavk tkade. 414. Slave trade 389 Part XLVIII. — Protection of submarine cables. 415. Protection of submariue cables 39.5 Part XLIX.— War taxes on shipping. 416. War taxes on shipping 398 Part L. — Administrative and executive offices. 417. Bureau of Navigation 403 418. Shipping commissioners 404 419. Customs officers 405 420. Steamboat-Inspection Service 412 421. Marine-Hospital Service 417 422. Immigration Bureau 419 423. Life-Saving Service 419 424. Revenue-Cutter Service 424 425. Light-House Board 427 426. Treasury agents 430 427. Coast and Geodetic Survey 432 428. District court commissioners 433 Part LI. — Fees payable by private persons. 429. Fees on vessels payable by private persons 435 Part LII. — Customs districts, ports, and subports. 430. Customs districts and ports and subports of entry and delivery 439 431. Power to designate ports and subports 446 Part LIII. — Consulates of the United States. 432. Consulates of the United States 447 Indexes. Table of laws included in this compilation, with date of enactment and amendment and page and paragraph in which incorporated in this volume 452 Alphabetical index 4G5 Part I.— VESSELS. 1. Definition of vessel. 7. Undocumented vessels 2. A' easels of the United States. 8. Yachts. 3. Registered vessels. 9. Official numher. 4. Whaling vessels. 10. Name of vessel. 5. Enrolled and licensed vessels. 11. Change of name. 6. Licensed vessels under twenty tons. 12. Draught. 1. Definition of vessel. The word "vessel" iucliules every description of water- Rs.,3. craft or other artificial contrivance used or capable of being used as a means of transportation on water. 2. Vessels of the United States. Vessels registered pursuant to law and no others, except e.s.,413i. such as shall be duly qualified according to law for carrying on the coasting or fishing trade, shall be deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels; but no such vessel shall enjoy such benefits and privileges longer than it shall continue to be wholly owned by a citizen or citizens of the United States or a corporation created under the laws of any of the States thereof, and be commanded by a citizen of the United States. And all the officers of vessels of the United States who shall have charge of a watch, including pilots, shall in all cases Mayzs.isoe. be citizens of the United States. [See also Qualification of officers, jjaragraph 61.] No vessel which has been recorded or registered as an k s., 4135. American vessel of the United States, pursuant to law, and which was licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign gov- ernment during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authoriz- ing such registry. 3. Registered vessels. Vessels built within the United States, and belonging E.s.,4132. wholly to citizens thereof, and vessels which may be cap- tured in war by citizens of the United States, and lawfully condemned as prize, or which may be adjudged to be for- feited for a breach of the laws of the United States, being wholly owned by citizens, and no others, may be registered as directed in this title [R. S., 4131-4305J. 15 Sec. 2. E. S., 4165. 16 PART I. VESSELS. K.s.,4136. The Commissioner of Navigation may issue a register or July 5, 1884. enrollment for any vessel built in a foreign country, when- ever such vessel shall he wrecked in the United States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfaction of the Com- missioner that the rei)airs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired. A vessel registered pursuant to law, which by sale has March 3 1807. bccomc the property of a foreigner, shall be entitled to a new register upon afterwards becoming American property, Sec. 10. unless it has been eulaiged or undergone change in build outside of the United States. 4. Whaling vessels. , K.s.,4339. ^u vessels which may clear with registers for the pur- pose of engaging in the whale fishery shall be deemed to have lawful and sufficient papers for such voyages, secur- ing the i)rivileges and rights of registered vessels, and the privileges and exemptions of vessels enrolled and licensed for the fisheries. 5. Enrolled and licensed vessels. ■R. s., 4311. Yessels of twenty tons and upward, enrolled in pursu- ance of this Title [K. S., 4311-4390], 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 this Title, and no others, shall be deemed vessels of the United States entitled to the privileges of vessels employed in the coasting- trade or fisheries. K.S., 4316. Any steamboat employed or intended to be employed only in a river or bay of the United States, owned wholly or in part by an alien resident within the United States, may be enrolled and licensed, as if the same belouged to a citizen of the United States, subject to all the provisions of this Title [R. S., 4311-4390], except that, in such case, no oath shall be required that the boat belongs to a citizen of the United States. R.S., 4317. Such resident alien, owner of any steamboat, upon appli- cation for enrollment or license, shall give bond to the col- lector of the district, for the use of the United States, in the penalty of one thousand dollars, with sufficient surety, conditioned that the boat shall not be employed in other waters than the rivers and bays of the United States E.S., 4318. Any vessel of the United States, navigating the waters on the northern, northeastern, and northwestern frontiers, otherwise than by sea, shall be enrolled and licensed in such form as other vessels; such enrollment and license shall authorize any such vessel to be employed either in the coasting or foreign trade on such frontiers, and no certifi- cate of registry shall be required for vessels so employed. Such vessel shall be, in every other respect, liable to the regulations and penalties relating to registered and licensed vessels. PART I. — VESSELS. 17 6. Licensed vessels under twenty tons. Before any vessel, of the buideu of five tons, and less r.s.. 4331. than twenty tons, shall be licensed, the same measurement shall be made of such vessel, and the same provisions observed relative thereto, as are to bo observed in case of measuring vessels to be registered or enrolled; but in all cases, where such vessel or any otlier licensed vessel shall have been once measured, it shall not be necessary to meas- ure such vessel anew, for the purpose of obtaining another enrollment or license, unless such vessel shall have under- gone some alteration as to her burden, subsequent to the time of her former license. 7. Undocumented vessels. The act [R. S., 4311-4385] to which this is a supplement Apr.is.m*. shall not be so construed as to extend the provisions of the said act to canal boats or boats emi^loyed on the internal waters or canals of any State; and all such boats, except- ing only such as are j)rovided with sails or propelling machinery of their own adapted to lake or coastwise navi- gation, and excepting such as are employed in trade with the Canadas, shall be exempt from the i)rovisions of the said act, and from the payment of all customs and other fees under any act of Congress. The provisions of title fifty [R. S., 4311-4390] of the June so, mo. Revised Statutes of the United States shall not be so con- June 19, isse. strued as to require the payment of any fee or charge for the enrolling or licensing of vessels, built in the United States and owned by citizens thereof, not propelled by sail or by internal motive power of their own, and not in any case carrying passengers, whether navigating the internal waters of a State or the navigable waters of the United States, and not engaged in trade with contiguous foreign territory, nor shall this or any existing law be construed to require the enrolling, registering or licensing of any Hat boat, barge or like craft for the carriage of freight, not pro- pelled by sail or by internal motive power of its own, on the rivers or lakes of the United States. Nothing in this Title [R. S., 4311-4390] shall be con- R.s.,4385. strued to extend to any boat or lighter not being masted, or if masted and not decked, employed in the harbor of any town or city. 8. Yachts. The Secretary of the Treasury may cause yachts used R.s.,42u. and employed exclusively as pleasure vessels or designed Mar. 3,1883. as models of naval architecture, if built and owned in compliance with the provisions of sections forty-one hun- Jan.i6,:895. dred and thirty-three to forty-one hundred and thirty-five, Scc.4. to be licensed on terms which will authorize them to pro- ceed from port to port of the United States, and by sea to foreign ports, without entering or clearing at the custom house, such license shall be in such form as the Secretary NAV 99, PT 2 2 18 PART I. VESSELS. of the Treasury may prescribe. Such vessels, so enrolled and licensed, shall not be allowed to transport merchandise or carry i)assengers for pay. Such vessels shall have their name and port placed on some conspicuous portion of their hulls. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the pro- visions of this title [R. S., 4131-4305J. Jan. ifi, 1895. ]^o liccused yacht shall engage in any trade, nor in any Sec. 4. way violate the revenue laws of the United States; and every such yacht shall comply with the laws in all respects. Sec. 6. Any master or owner violating the provisions of the pre- ceding section shall be liable to the penalty of two hundred dollars, in addition to any other penalty imposed by law. The Secretary of the Treasury shall have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud. E.s.,4217. Yov the identification of yachts and their owners, a com- mission to sail for pleasure in any designated yacht belong- ing to any regularly organized and incorporated yacht club, stating the exemptions and privileges enjoyed under it, may be issued by the Secretary of the Treasury, and shall be a token of credit to any United States ofticial, and to the authorities of any foreign power, for privileges en- joyed under it. K.s.,4215. All such licensed yachts shall use a signal of the form, size, and colors prescribed by the Secretary of the Navy; and the owners thereof shall at all times permit the naval architects in the employ of the United States to examine and copy the models of such yachts. R. s.,42iG. 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 privilege of entering or leaving any port of the United States without entering or clearing at the custom-house thereof or paying Feb. 5, 1897. tounagc tax : Provided, That the privileges of this section 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 acquired prior to the passage of this .A.ct. [See also Tonnage Tax, Paragraph, 155.] K.s.,4218. Every yacht visting a foreign country under the provi- sions of the four preceding sections shall, on her return to the United States, make due entry at the custom-house of the port at which, on such return, she shall arrive. 9. Official number. R. s., 4177. The Commissioner of Navigation shall have power, under July 5, 1884. gudj rcgulatious as he shall prescribe, to establish and pro- vide a system of numbering vessels so registered, enrolled, and licensed; and each vessel so numbered shall have her number deeply carved or otherwise permanently marked June 19, 1886. on her main beam ; and if at any time she shall cease to be Sec. 6. gQ marked, such vessel shall be liable to a fine of thirty PART I. VESSELS. 19 dollars on every arrival in a i)ort of the United States if she have not her proper ollicial number legally carved or permanently marked. 10. Name of vessel. The name of every documented vessel of the United k.s.,4178. States shall be marked upon each bow and ui)on the stern, i">i>- 21, isoi. and the home port shall also be marked upon the stern. J"*"- 20, 1807. These names shall be i)aintodor gilded, or consist of cut or carved or cast roman letters in light color on a dark ground, or in a dark color on a light gnnind, secured in place, and to be distinctly visible. The smallest letteis used shall not be less in size than four inches. If any such vessel shall be found without these names being so marked the owner or owners shall be liable to a penalty of ten dollars for each name omitted. The word "port," as used in section forty- j„uo 26,1884. one hundred and seventy-eight shall be construed to mean soc. 21. either the port where the vessel is registered or enrolled, or the place in the same district where the vessel was built or where one or more of the owners reside. Every steam vessel of the United States, in addition to R-s.,4495. having her name painted on her stern, shall have the same conspicuously placed in distinct, plain letters, of not less ^ei^- 21. issi. than six inches in length on each outer side of the pilot- house, if it has such, and in case the vessel has side wheels, also on the outer side of each wheel-house; and if any such steamboat be found without having her name placed as required, she shall be subject to the same penalty as pro- vided by law in the case of a vessel of the United States found without having her name, and the name of the port to which she belongs, painted on her stern. 11. Change of name. No master, owner, or agent of any vessel of the United K.s.,4179. States shall in any way change the name of such vessel, or by any device, advertisement, or contrivance deceive or attempt to deceive the i)ublic, or any otticer or agent of the United States, or of any State, or any corporation or agent thereof, or any person or jjersons, as to the true name or character of such vessel, on pain of the forfeiture of such vessel. The Commissioner of Navigation shall, under the direc- Jwiy 5, i884. tion of the Secretary of the Treasury, be empowered to sec.5. change the names of vessels of the United States, under such restrictions as may have been or shall be prescribed by act of Congress. The Secretary of the Treasury be, and hereby is, author- ^^"'■- 2. issi. izcd to permit the owner or owners of any vessel duly en- rolled and found seaworthy and free from debt to change the name of the same, when, in his opinion, there shall be sufficient cause for so doing. The Secretary of the Treas- ury shall establish siu^h rules and regulations and procure such evidence as to the age, condition, where built, and pecuniary liability of the vessel as he may deem necessary 20 PART I. VESSELS. to prevent injury to ijublic or private interests; and when permission is granted by the Secretary, he shall cause the order for the change of name to be i)ublished at least in four issues in some daily or weekly paper at the place of register ; and the cost of procuring evidence and advertising the change of name to be paid by the person or persons desir- ing such change of name. 12. Draught. Feb. 21, 1891. The draught of every registered vessel shall be marked Sec. 2. upon the stem and stern jiost, in English feet or decimeters, Jan. 20, 1897. jn either Arabic or Roman numerals. The bottom of each Sec. 2. numeral shall indicate the draught to that line. Part II.— MEASUREMENT. 13. Measurement. 14. Gross tonnage. 15. Deck houses, breaks, etc. 16. Between decks. 17. Open vessels. 18. Water ballast. 19. Net tonnage. 20. Crew accommodations. 21. Deductions for other purposes. 22. Deductions for propelling power. 23. Register tonnage. 24. Appendix of measurement. 25. A'essels exempt from measurement. 26. Measurement of foreign vessels. R. S.,4148. 13. Measurement. Before any vessel shall be registered, she shall be meas- ured by a surveyor, if there be one, or by the i)erson he shall appoint, at the port or place where the vessel may be, and if there be none, by such person as the collector of the district within which she may be shall appoint. But in all cases where a vessel has before been registered as a vessel of the United States, it shall not be necessary to measure her anew, for the purpose of obtaining another register; unless such vessel has undergone some alteration as to her burden, subsequent to the time of her former registry. The officer or person by whom such measurement is made k. s.,4149. shall, for the information of and as a voucher to the officer by whom the registry is to be made, grant a certificate, specifying the build of the vessel, her number of decks and masts, her length, breadth, depth, the number of tons she measures, and such other particulars as are usually descrip- tive of the identity of a vessel, and that her name, and the place to which she belongs, are painted on her stern in man- ner required by this Title (R. S., 4131-4305]; which certifi- cate shall be countersigned by an owner, or by the master of such vessel, or by some other person who shall attend her admeasurement, on behalf of her owner or owners, in testimony of the truth of the particulars therein contained; without which the certilicate shall not be valid. The registry of every vessel shall express her length and r.s.,415o. breadth, together with her depth and the height under the third or spar deck, which shall be ascertained in the follow- ing manner: The tonnage deck, in vessels having three or more decks to the hull, shall be the second deck from below; in all other cases the u])per deck of the hull is to be the tonnage-deck. The length from the fore part of the outer planking on the side of the stem to the after i)art of the main stern-post of screw steamers, and to the after part of the rudder-post of all other vessels measured on the top of the tonnage-deck, shall be accounted the vessel's length. 21 22 PART II. MEASUREMENT. The breadtb of the broadest part on the outside of the vessel shall be accounted the vessel's breadth of beam. A measure from the under side of the toniiage-deck i)lauk, amidships, to the ceiling of the hold, (average thickness,) shall be accounted the depth of hold. If the vessel has a third deck, then the height from the top of the tonnage- deck plank to the under side of the upper-deck i^lank shall be accounted as the height under the spar-deck. All meas- urement to be taken in feet and fractions of feet; and all fractions of feet shall be expressed in decimals. K.s.,4151. No part of any vessel shall be required by the preceding section to be measured or registered for tonnage that is used for cabins or state rooms, and constructed entirely above the first deck, which is not a deck to the hull. 14. Gross tonnage. R.s.,4153. The register tonnage of every vessel built within the United States or owned by a citizen or citizens thereof shall be her entire internal cubical capacity in tons of one hundred cubic feet each, to b3 ascertained as follows: Measure the length of the vessel in a straight line along the upper side of the tonnage-deck, from the inside of the inner plank, average thickness, at the side of the stem to the inside of the plank on the stern-timbers, average thick- ness, deducting from this length what is due to the rake of the boAT in the thickness of the deck, and what is due to the rake of the stern-timber in the thickness of the deck, and also what is due to the rake of the stern-timber in one- third of the round of the beam ; divide the length so taken into the number of enual parts required by the following table, according to the class in such table to which the vessel belongs: Class one. Vessels of which the tonnage length accord- ing to the above measurement is fifty feet or under: into six equal parts. Class two. Vessels of which the tonnage length accord- ing to the above measurement is above fifty feet and not exceeding one hundred feet: into eight equal parts. Class three. Vessels of which the tonnage length accord- ing to the above measurement is above one hundred feet, and not exceeding one hundred and fifty feet: into ten equal parts. Class four. Vessels of which the tonnage length accord- ing to the above measurement is above one hundred and fifty feet, and not exceeding two hundred feet: into twelve equal parts. Class five. Vessels of which the tonnage length accord- ing to the above measurement is above two hundred feet, and not exceeding two hundred and fifty feet : into fourteen equal parts. Class six. Vessels of which the tonnage length accord- ing to the above measurement is above two hundred and fifty feet: into sixteen equal ijarts. Then, the hold being sufficiently cleared to admit of the required depths and breadths being properly taken, find PART II. — MEASUREMENT. 23 the transverse area of such vessel at each point of division of the length as follows: Measure the depth at each point of division from a point at a distance of one-third <»f the round of the beam below such deck; or, in case of a break, below a line stretched in continuation thereof, to the upper side of the floor-tim- ber, at the inside of the liinber-strake, after deducting the average thickness of the ceiling, which is between the bilge-planks and liniber-strake; then, if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four cipial parts; then measure the inside horizontal breadth, at each of the three i)oiuts of division, and also at the upper and lower ponits of the depth, extending each measurement to the average thick- ness of that part of the ceiling which is between the points of measurement; number these breadths from above, numbering the upper breadth one, and so on down to the lowest breadth; multiply the second and fourth by four, and the third by two; add these products together, and to the sum add the tirst breadth and the last, or fifth; mul- tiply the quantity thus obtained by one-third of the com- mon interval between the breadths, and the product shall be deemed the transverse area; but if the midship depth exceed sixteen feet, divide each depth into six equal parts, instead of four, and measure as before directed, the hori- zontal breadths at the five points of division, and also at the upper and lower points of the depth; number them from above as before; multiply the second, fourth, and sixth by four, and the third and fifth by two; add these products together, and to the sum add the first breadth and the last, or seventh; multiply the quantities thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area. Having thus ascertained the transverse area at each point of division of the length of the vessel, as required above, proceed to ascertain the register tonnage of the vessel ill the following manner: Number the areas successively one, two, three, and so forth, number one being at the extreme limit of the length at the bow, and the last number at the extreme limit of the length at the stern; then, whether the length be divided according to the table into six or sixteen parts, as in classes one and six, or any intermediate number, as in classes two, three, four, and five, multiply the second, and every even- numbered area by four, and the third, and every odd num- liered area, except the first and last, by two; add these products together, and to the sum add the first and last if they yield anything; multiply the quantities thus obtained by one-third of the comnion interval between the areas, and the product will be the cubical contents of the space under the tonnage deck; divide this product by one liun- dred, and the quotient, being the tonnage ninler the ton- nage-deck, shall be deemed to be the register tonnage of the vessel subject to the additions hereinafter mentioned. 24 PART II. MEASUREMENT. 15. Deck-houses, breaks, etc. R.S.4153. If there be a break, a poop, or any other permanent closed-in space on the upper decks, or the spar-deck, avail- able for cargo, or stores, or for the berthing or accommo- dation of passengers or crew, the tonnage of such space shall be ascertained as follows : Measure the internal mean length of such space in feet, and divide it into an even number of equal parts of which the distance asunder shall be most nearly equal to those into which the length of the tonnage-deck has been divided ; measure at the middle of its height the inside breadths; namely, one at each end and at each of the '^joints of divi- sion, numbering them successively one, two, three, and so forth ; then to the sum of the end breadths add four times the sum of the even -numbered breadths and twice the sum of the odd-numbered breadths, except the first and last, and multiply the whole sum by one third of the common interval between the breadths; the product will give the mean horizontal area of such space ; then measure the mean height between the planks of the decks, and multiply by it the mean horizontal area; divide the product by one hundred, and the quotient shall be deemed to be the ton- nage of such space, and shall be added to the tonnage Mar. 2, 1895. undcF the tounagc-decks, ascertained as aforesaid: Pro- vided, That nothing shall be added to the gross tonnage for any sheltered space above the upper deck which is under cover and open to the weather ; that is, not inclosed. 16. Between-decks. R..S.4153. If a vessel has a third deck, or spar deck, the tonnage of the space between it and the tonnage-deck shall be ascertained as follows : Measure in feet the inside length of the space, at the middle of its height, from the plank at the side of the stem to the plank on the timbers at the stern, and divide the length into the same number of equal parts into which the length of the tonnage-deck is divided ; measure, also at the middle of its height, the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth at the stern; number them successively one, two, three, and so forth, commencing at the stem ; multiply the second, and all other even-numbered breadths, by four, and the third, and all the other odd-numbered breadths, except the first and last, by two; to the sum of these products add the first and last breadths, multiply the whole sum by one-third of the common interval between the breadths, and the result Avill give, in superficial feet, the mean horizontal area of such si)ace; measure the mean height between the plank of the two decks, and multiply by it the mean hori- zontal area, and the product will be the cubical contents of the space; divide this product by one hundred, and the quotient shall be deemed to l)e the tonnage of such space, and shall be added to the other tonnage of the vessel ascer- tained as above directed. And if the vessel has more than three decks, the tonnage of each space between decks, above PART II. MEASUREMENT. 25 the tonnage-deek, shall be severally ascertained in the man- ner above described, and shall be added to the tonnage of the vessel, ascertained as above directed. 17. Open vessels. In ascertaining the tonnage of open vessels the upper us. 4153. edge of tbe upper strake is to form the boundary-line of measurement, and the depth sliall be taken from an athwart- ship line, extending from the upper edge of such strake at each division of the length. 18. Water ballast In the case of a ship constructed with a double bottom Mar. 2,1895. for water ballast, if the s})ace between the inner and outer plating thereof is certified by the collector to be not availa- ble for the carriage of cargo, stores, or fuel, then the depth of the vessel shall be taken to be the upi)er side of the inner plating of the double bottom, and that upper side shall for the j)urposes of measurement be deemed to repre- sent the floor timber. 19. Net tonnage. From the gross tonnage of every vessel of the United Aug. 5,1882. States there shall be deducted — 20. Crew accommodations. (a) The tonnage of the spaces or compartments occuined Mar. 2, 1395. by or appropriated to the use of the crew of the vessel. •Sec.2. Every place appropriated to the crew of the vessel shall have a space of not less than seventy-two cubic feet and not less than twelve superficial feet, measured on the deck or floor of that place, for each seaman or apprentice lodged therein. Tbe provisions of this Act requiring a crew space of seventy-two cubic feet per man shall apply only to ves- sels the construction of which shall be begun after June thirtietb, eighteen hundred and ninety-five. Such place shall be securely constructed, properly lighted, drained, and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from the efiHuvium of cargo or bilge water ; and failure to comply with this provision shall subject the owner to a penalty of five hundred dollars. Every place so occupied shall be kept free from goods or stores of any kind not being the personal l)roperty of the crew in use during the voyage; and if any such place is not so kept free the master shall forfeit and pay to each seaman or apprentice lodged in that place the sum of fifty cents a day for each day during which any goods or stores as aforesaid are kei)tor stored in the place after complaint has been made to him by any two or more of the seamen so lodged. No deduction from tonnage as aforesaid shall be made unless there is permanently cut in a beam and over the doorway of every such place the num- ber of men it is allowed to accommodate with these words, "certified to accommodate seamen." 26 PART II. MEASUREMENT. Mar.^3, 1897. Every place appropriated to the crew of a seagoing ves- sel of the Uuited States, except a tishiug vessel, yacht, a pilot boat, and all vessels under two hundred tons register, shall have a space of not less than seventy-two cubic feet and not less than twelve square feet measured on the deck or floor of that place for each seaman or apprentice lodged therein: Provided, That any such seagoing sailing vessel, built or rebuilt after June thirtieth, eighteen hundred and ninety-eight, shall have a space of not less than one hun- dred cubic feet and not less than sixteen square feet meas- ured on the deck or floor of that space for each seaman or apprentice lodged therein. Such place shall be securely constructed, properly lighted, drained, heated and venti- lated, properly protected from weather and sea, and, as far as practicable, properly shut off' and protected from the effluvium of cargo or bilge water. Fishing vessels, yachts, and pilot boats are hereby ex- empted from the provisions of section one of chapter one hundred and seventy-three of the laws of eighteen hun- dred and ninety-five, entitled "An Act to amend section one of chapter three hundred and ninety-eight of the laws of eighteen hundred and eighty-two, entitled 'An Act to provide for deductions from the gross tonnage of vessels of the United States,'" so far as said section prescribes the amount of space which shall be appropriated to the crew and provides that said space shall be kept free from goods or stores not being the personal property of the crew in use during the voyage. Every steamboat of the United States plying upon the Mississippi River or its tributaries shall furnish an appro- priate place for the crew, which shall conform to the require- ments of this section so far as they shall be applicable thereto by providing sleeping room in the engine room of the steamboats properly protected from the cold, winds, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck, under the direction and approval of the Supervising Inspector-General of Steam Vessels, and shall be properly heated. Any failure to com- ply with this section shall subject the owner or owners to a penalty of live hundred dollars. 21. Deductions for other purposes. Mar. 2, 1895. ^j^^ ^jjy spacc cxclusively for the use of the master certi- fied by the collector to be reasonable in extent and i^roperly constructed, and the words "Certified for the accommoda- tion of master" to be permanently cut in a beam and over the door of such space. (c) Any space used exclusively for the working of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments of navigation and boatswain's stores, and the words "Certified for steering gear," or "Certified for boatswain's stores," or "Certified chart house," as the case may be, to be permanently cut in the beam and over the doorway of each of such spaces. PART II. MEASUREMENT. 27 (d) The space occupied by the donkey eugiue and boiler, if connected with tlie main pnnii)S of tlie ship. (e) In the case of a ship propelled wholly by sails any space, not exceeding two and one-half i)er centum of the gross tonnage, used exclusively for storage of sails: Pro- rided, That spaces deducted shall be certified by the col- lector to be reasonable in extent and ])roperly and efliciently constructed for the purposes for which they are intended, and the words "Certified for storage of sails" to be cut on the beam and over the doorway of such space. 22. Deductions lor propelling power. (f) In the case of a ship propelled by steam or other Mar.2,i895. power requiring engine room, a deduction for the space occupied by the proi)elling power shall be made, as follows: In ships propelled by paddle wheels in which the ton- nage of the space occupied by and necessary for the proper working of the boilers and machinery is above twenty per centum and under thirty per centum of the gross tonnage, the deduction shall be thirty seven per centum of the gross tonnage; and in ships propelled by screws in which the ton- nage of the space is above thirteen per centum and under twenty per centum of the gross tonnage, the deduction shall be thirty two per centum of the gross tonnage. In the case of screw steamers the contents of the trunk shaft shall be deemed spaces necessary for the proper working of the machinery. (gj In the case of other vessels in which the actual space occupied by the proiielling machinery amounts in the case of paddle vessels to twenty per centum or under and in the case of screw vessels to thirteen per centum or under of the gross tonnage of the ship, the deduction shall consist in the case of paddle vessels of once and a half the tonnage of the actual machinery space and in the case of screw vessels of once and three-lourths the tonnage of the actnal machin- ery space. But if the actual machinery space is so large as to amount in the case of paddle vessels to thirty per centum or above, and in the case of screw vessels to twenty per centum or above of the gross tonnage of the ship, the deduction shall consist of thirty seven per centum of the gross tonnage of the ship in the case of a paddle vessel and thirty-two per centum of the gross tonnage in the case of a screw vessel; or if the owner prefers there shall be deducted from the gross tonnage of the vessel the tonnage of the space or s])aces actually occupied by or required to be inclosed for the proper working of the boilers and ma- chinery, including the trunk shaft or alley in screw steam- ers, with the addition in the case of vessels propelled with paddle wheels of fifty per centum, and in the case of ves- sels propelled by screws of seventy-five per centum of the tonnage of such space. (i) On a request in writing to the Commissioner of Navi- gation by the owners of a ship the tonnage of such portion of the space or spaces above the crown of the engine room and above the upper deck as is framed in for the machinery 28 PART 11. MEASUREMENT. or for the admission of light and air and not required to be added to gross tonnage shall, for the pnrpose of ascertain- ing the tonnage of the space occupied by the propelling power, be added to the tonnage of the engine space; but it shall then be included in the gross tonnage; such space or spaces must be reasonable in extent; safe, and seaworthy, and can not be used for any purpose other than the machin- ery or for the admission of light and air to the machinery, or for the admission of light and air to the machinery or boilers of the ship. 23. Register tonnage. Aug. 5, 1882. And the proper deduction from the gross tonnage having been made, the remainder shall be deemed the net or reg- ister tonnage of such vessels. E.s.,4153. The register of the vessel shall express the number of decks, the tonnage under the tonnage-deck, that of the be- tween-decks, above the tonnage-deck ; also that of the poop or other inclosed spaces above the deck, each separately. Mar. 2, 1895. The register or other official certificate of the tonnage or nationality of a vessel of tl)e United States, in addition to what is now required by law to be expressed therein, shall state separately the deductions made from the gross ton- nage, and shall also state the net or register tonnage of the vessel. But the outstanding registers or enrollments of vessels of the United States shall not be rendered void by the addition of such new statement of her tonnage, unless vol- untarily surrendered; but the same may be added to the outstanding document or by an appendix thereto, with a certificate of a collector of customs that the original esti- mate of tonnage is amended. R.S.4153. Yw every vessel documented as a vessel of the United Se° 5^^ ^^^^ States the number denoting her net tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if the number at any time cease to be continued such vessel shall be subject to a fine of thirty dollars on every arrival in a port of the United States if she have not her tonnage number legally carved or permanently marked. Mar. 2, 1895. Under the direction of the Secretary of the Treasury Sec. 4. |.jjg Commissioner of Navigation shall make regulations needful to give effect to the provisions of this Act. The Aug. 5, 1882. Secretary of the Treasury shall establish and promulgate a Sec. 3. proper scale of fees to be paid for the readmeasurement of the spaces to be deducted from the gross tonnage of a ves- sel, on the basis of the last sentence of section forty-one hundred and eighty-six of the Kevised Statutes, beginning with the words "But the charge for the measurement." 24. Appendix of measurement. Mar. 2, 1895. Upou application by the owner or master of an Ameri- can vessel in foreign trade, collectors of customs, under regulations to be approved by the Secretary of the Treas- PART II. — MEASUREMENT. 29 ury, are authorized to attach to the register of such vessel an appendix statin*;- separately, for use in foreign jiorts, the measurement of such space or spaces as are pernnttecl to be deducted from ^ross tonnage by tlie rules of other nations and are not permitted by the laws of the United States. This Act shall not be construed to require the remeas- -M"r.2, isos. urement of any American vessel duly measured before ''''^* ' April first, eighteen hundred and ninety-tive; but upon application by the owner of any such vessel collectors of cnstoms shall cause such vessel, or the spaces to be de- ducted, to be measured according to the provisions of this Act, and if a new register is not issued the statement of such remeasurement shall be attached by an appendix to the outstanding register or enrollment with a certificate of the collector of customs that tlie original estimate of ton- nage is amended pursuant to this Act. 25. l/esse/s exempt from measurement. The provisions foregoing relating to the measurement of E.s.,4152. vessels shall not be deemed to apply to any vessel not required by law to be registered, or enrolled, or licensed, unless otherwise specially provided. 26. Measurement of foreign vesse/s. Whenever it is made to appear to the Secretary of the K.s.,4154. Treasury that the rules concerning the measurement for Aug. 5,1882. tonnage of vessels of the United States have been sub- stantially adopted by the government of any foreign coun- try, he may direct that the vessels of such foreign country be deemed to be of the tonnage denoted in their certificates of register or other national papers, and thereupon it shall not be necessary for such vessels to be remeasured at any port in the United States; and when it shall be necessary to ascertain the tonnage of any vessel not a vessel of the United States, the said tonnage shall be ascertained in the manner provided by law for the measurement of vessels of the United States. Sec. 2. Part III.— DOCUMENTS OF VESSELS. 27. Carpenter's certificate. 28. Oath of owner. 29. Master's oath of citizenship. 30. Place of registry. 31. Form of rejiister. 32. Custody and surrender of register. 33. Registers to corporations. 34. Change of owner. 35. Change of build. 36. Change of master. 37. Mortgage and bill of sale. 38. Sale to alien. 39. Loss of register. 40. Failure to deliver former register. 41. Cancellation of register. 42. Special registry law. 43. Change of trade. 44. Method of enrollment and license. 45. Oath of master and owner. 46. Fees. 47. Form of enrollment. 48. Form of license. 49. Duration of license. 50. Surrender of license. 51. Enrollment and license to corpora- tions. 52. Change of owner. 53. Change of master. 54. Certification by customs officer. 55. Enrollment outside of district. 56. Special provisions for enrollment and license. 57. Inspection of enrollment and license. 58. Record of American-built vessels owned by aliens. 59. Offenses against the registry law. 60. Offenses against enrollment and license laws. 27. Carpenter's certificate. K.s.,4147. In order to the registry of any vessel built within the United States, it shall be necessary to produce a certificate, under the hand of the principal or master carpenter, by whom or under whose direction the ves.sel has been built, testifying that she was built by him or under his direction, and specifying the place where, the time when, and the per- son for whom, and describing her build, number of deciis and masts, length, breadth, depth, tonnage, and such other circumstances as are usually descriptive of the identity of a vessel; which certificate shall be sufficient to authorize the removal of a new vessel from tbe district where she may be built to another district in the same or an adjoining State, where the owner actually resides, provided it be with ballast only. R. S., 4U2. 28. Oath of owner. In order to the registry of any vessel, an oath shall be taken and subscribed by the owner, or by one of the owners thereof, before the officer 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 30 PART III. — DOCUMENTS OF VESSELS. 31 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 i)lace of abode, and if lie be the sole owner of the vessel, that such is the case; or if there be another owner, that there is snch 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 mavSter, and stating the means whereby or manner in which he is a citizen. If any of the matters of fact alleged in the oath taken by R.s.,4143. 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 the value thereof, to be recovered, with the costs of suit, of the person by whom the oath was made. 29. Master s oath of citizenship. If the master of a vessel is within the district where a R.s.,4144. registry thereof is to be made, when application is made for registering the same, he shall himself, instead of the owner, or of the agent or attorney, as hereinafter men- tioned, make oath touching his being a citizen, and the means whereby or manner in which he is a citizen ; in which case, if the master shall knowingly swear to anything un- true, no forfeiture of the vessel, on account of such false oath, shall be incurred, but the master shall be liable to a penalty of one thousand dollars. 30. Place of registry. Every vessel, except as is hereinafter provided, shall be k s.,4141. 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. Whenever any citizen of the United States purchases or Rs, 415ft becomes owner of any vessel entitled to be registered, such vessel being within any district other than the one in which he usually resides, such vessel shall be entitled to be regis- tered by the collector of the district where she may be, at the time of his becoming owner thereof, ui)on his complying with the provisions hereinbefore prescribed, in order to the 32 PART III. DOCUMENTS OF VESSELS. registry of vessels. And the oath which is required to be takeu may, at the option of such owner, be taken either before the collector of the district comprehending the port to which such vessel may belong, or before the collector of the district within which such vessel may be, either of whom is hereby empowered to administer such oath. R. s., 4160. Whenever any vessel, registered in pursuance of the pro- visions of the preceding section, shall arrive within the district comprehending the port to which she belongs, the certificate of registry, so obtained, shall be delivered up to the collector of such district, who upon the requisites of this Title [li. S., 4131-4305] in order to the registry of vessels, being comi)lied with, shall grant a new one in lieu of the first. The certificate so delivered u]) shall forth- with be returned by the collector who receives the same, to the collector who granted it. If the first-mentioned cer- tificate of registry is not delivered up, as above directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending the port to which she may belong, shall severally be liable to a penalty of one hundred dollars, and the certificate of registry shall be thenceforth void. K.s.,4161. Whenever any vessel entitled to be registered is pur- chased by an agent or attorney for or on account of a citizen of the United States, such vessel being in a district of the United States more than fifty miles distant, taking the nearest usual route by land, from the one comprehend- ing the port to which, by virtue of such purchase, and by force of this Title [E. S., 4131-4305], such vessel ought to be deemed to belong, it shall be lawful for the collector of the district where such vessel may be, and he is hereby required upon the application of such agent or attorney, to proceed to the registering of the vessel, the agent or attorney first comi)lying, on behalf and in the stead of the owner thereof, with the requisites prescribed by this Title in order to the registry of vessels, except that, in the oath taken by the agent or attorney, instead of swearing that he is owner or an owner of such vessel, he shall swear that he is agent or attorney for the owner thereof, and that he has, in good faith, purchased the vessel for the person whom he lames and describes as the owner thereof. R. s.,4162. Whenever any vessel registered in pursuance of the pro- visions of the i)receding section, shall arrive within the district comprehending the port to which she belongs, the certificate of registry so obtained shall be delivered up to the collector of such district, who, upon the require- ments of this Title [R. S., 4131-4305] in order to the registry of vessels being complied with, shall grant a new one in lieu of the first. The certificate, so delivered up, shall forth- with be returned to the collector, who shall transmit the same to the collector who granted it. If the first- mentioned certificate of registry is not delivered up, as above directed, the owner and the master of such vessel, at the time of her arrival within the district comprehending the port to which she may belong, shall severally be liable to a penalty of PART III. DOCUMENTS OF VESSELS. 33 one buiidiod dollars, and the certificate of registry shall be thencetbrtli void. If any of the matters of fact alleged in the oath taken n.s.,4i63. by an agent or attorney to obtain the registry of a vessel which are witliiu the knowledge of the ])arty so swearing, are not trne, there shall be a forfeiture of veSvSel, together with her tiurkle, a|)i)arel. and furniture, in respect to which the same was made, or of tlie value thereof, to be rectovered, with costs of suit, of the person by whom such oath was made. 31. Form of register. When the several matters hereinbefore required, in order R s.,4155 to the registering of any vessel, have been comi)lied with, the collector of the district comprehending the port to which she belongs shall make and keep in some ])roper book a registry thereof, and shall grant a certiti(;ate of such reg- istry, as nearly as may be, in the form following: In pursuance of chapter one, Title XLVllI, "Regula- tion OF Commerce and Navigation," of the Revised Statutes of the United States, (inserting here the name, occui)ation, and place of abode of the person by whom the oath was made), having taken and subscribed the oath required by law, and having sworn that he (or she, and if more than one owner, adding the words, "together with," and the name or names, occupation or occupations, place or ])laces of abode, of the owner or owners, and the part or proi)ortion of such vessel belonging to each owner) is (or are) the only owner (or owners) of the vessel called the (inserting here her name), of (inserting here the ])ort to which she may belong), whereof (inserting here the name of the master) is at ])resent master, and is a citizen of the United States, and that the said vessel was (inserting here when and where built), and (inserting here the name and oftice, if any, of the person by whom she shall have been surveyed or measured) having certified that the said ves- sel has (inserting here the number of decks) and (insert- ing here the number of masts), and that her lengtli is (inserting here the number of feet), her breadth (in.serting here the number of feet), her depth (inserting here the num- ber of feet), and that she measures (inserting here her num- ber of tons) ; that she is (describing here the ])articular kind of vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else, together with her build, and specifying whether she has any or no gallery or head); and the said (naming the owner, or the master, or other i)erson acting in behalf of the owner or owners, by whom the certificate of measurement has been countersigned, as aforesaid) hav- ing agreed to the descrii)tion and measurement above Jan. lo 1895. specified, according to law, the said vessel has been duly registered at the port of (naming the poit where registered). Given under mj' hand and seal, at (naming the said port), this (inserting the particular day) day of (naming the month), in the year (specifying the number of the year, iu words, at lengtli). NAV 99, PT 2 3 34 PART III. DOCUMENTS OF VESSELS. R. s., 4156. When the master of such vessel himself makes oath touch- ing his being" a (dtizen, the wording of the certificate shall be varied so as to be conformable to the truth of the case. Where a new certificate of registry is granted in conse- quence of any transfer of a vessel, the words shall be so varied as to refer to the former certificate of registry for her measurement. R.s.,4i76, rpjjg collector of each district shall progressively number the certificates of the registry by him granted, beginning anew at the commencement of each year, and shall enter an exact copy of each certificate in a book to be kept for that purpose; and shall, once in three months, transmit juiy5,i?84. ^^ ^ijg, Commissioner of Navigation copies of all the certifi- cates which shall have been granted by him, including the number of each. R. s., 4157. It shall be the duty of the Secretary of the Treasury to cause to be jirovided blank certificates of registry, and such other papers as may be necessary, executed in such manner and with such marks as he may direct. No certifi- cate of registry shall be issued, except such as shall have been so provided and marked. R.s.,4158. rpjig Secretary of the Trcasury shall cause to be trans- mitted, from time to time, to the collectors of the several districts, a sufficient number of forms of the certificates of registry, attested under the seal of the Treasury and July 5, 1884. the liaud of the Commissioner of Navigation, with proper blanks, to be filled by the collectors, resi)ectively, by whom also the certificates shall be signed and sealed, before they are issued ; and where there is a naval officer at any port, they shall be countersigned by him; and where there is a surveyor, but no naval officer, they shall be counter- signed by him, A copy of each certificate issued shall be transmitted to the Commissioner of Navigation, who shall cause a record to be kept of the same. 32. Custody and surrender of register. R.s.,4146. ^ certificate of registry shall be solely used for the ves- jan.16, 1895. gel for which it is granted, and shall not be sold, lent, or otherwise disi)osed of, to any jierson whomsoever; and in case the vessel so registered shall be lost, or taken by an enemy, burned, or broken up, or shall be otherwise pre- vented Irom returning to the port to which she may belong, the certificate, if preserved, shall be delivered up within eight days after the arrival of the master or person having the charge or command of such vessel within any district of the United States, to the collector of such district; and if any foreigner, or any person for the use and benefit of such foreigner, shall purchase or otherwise become entitled to the whole, or any j)art or share of, or interest in such ves- sel, the same being within a district of the United States, the certificate shall, within seven days after such purchase, change, or transfer of property, be delivered up to the col- lector of the district; and if any such purchase, change, or transfer of property shall happen when such vessel shall De at any foreign port or place, or at sea, then the master PART III. — DOCUMENTS OF VESSELS. 35 or person having the charge or commaud thereof shall, within eight days after his arrival within any district of the United States, deliver uj) the certificate to the collector of such district. Any master or owner violating the i)rovi- sions of this section shall be liable to a penalty of not exceed- ing five hundred dollars, and the certiticate of registry shall be thenceforth void. The Hecretaiy of the Treas- ury shall have the i)ower to remit or mitigate such penalty if in his opinion it was incurred without willful negligence or intention of fraud. 33. Registers to corporations. Kegisters for vessels owned by any in(;orporated com- k s.,4137. pany may be issued in the name of the ])resident or secre- tary of such company; and such legister shall not be vacated or affected by sales of any shares of stock in such company. Upon the death, removal, or resignation of such presi- k.s.,4138. dent or secretary of any incorporated company owning any vessel, a new register shall be taken out for such vessel. Previously to granting a register for any vessel, owned k-s.,4139. by any company, the president or secretary thereof shall swear to the ownership of the vessel, by such company, without designating tlie names of the persons composing tlie company; and the oath shall be deemed sufficient, without requiring the oath of any other jierson interested or concerned in such vessel. 34. Change of owner. Whenever it appears, by satisfactory proof, to the Commis- ^^- s-. 4ifi4. sioner of Navigation that any vessel has been sold and trans- J"iy s, i8S4. ferred by process of law, and that the register of sucli vessel ^^c. 2. isretained by the former owner, the Commissioner may direct the collector of the district to which such vessel may belong to grant a new register, under such sale, on the owners com- plying with such terms and conditions as are by law re- quired for granting such papers; excepting only the deliv- ering up of the former certificate of registry. But nothing in this section shall be construed to remove the liability of any person to any penalty for not surrendering the pai)ers belonging to any vessel, on a transfer or sale of the same. When any vessel, registered pursuant to any law of the Ks.,4i()r.. United States, shall, while she is without the limits of the United States, be sold or transferred in whole or in part to a citizen of the United States, such vessel on her first arrival in the United States thereafter, shall be enti- tled to all the privileges and benefits of a vessel of the United States : Frorided, That all the requisites of law, in order to the registry of vessels, shall be complied with, and a new certificate of registry obtained for such vessel, within three days from the time at which the master or other person having the charge or command of such ves- sel is required to make his final report upon her first arrival afterw^ard. 36 PART III. DOCUMENTS OF VESSELS. 35. Change of build. R.s.,4170. Whenever auy vessel, which has been registered, is, in whole or in part, sold or transferred to a citizen of the United States, or 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, the vessel shall be registered anew, hy her former name, accord- ing to the directions hereinbefore contained, otherwise she shall cease to be deemed a vessel of the United States. The former certificate of registry of such vessel shall be delivered up to the collector to whom application for such new registry is made, at the time that the same is made, to July 5, 1884. y^^ |^y j^j^^^ transmitted to the Commissioner of Navigation, who shall cause the same to be canceled. In every such case of sale or transfer, there shall be some instrument of writing, in the nature of a bill of sale, which shall recite, at length, the certificate; otherwise the vessel shall be incapable of being so registered anew. 36. Change of master. K.s.,4171. "When the master or person having the charge or com- mand of a registered vessel is changed, the owner, or one of the owners, or the new master of such vessel, shall report such change to the collector of the district where the same has happened, or where the vessel shall first be after the same has happened, and shall produce to him the certificate of registry of such vessel, and shall nialie oath, showing that such new master is a citizen of the United States, and the manner in which or means whereby he is so a citizen. Thereupon the collector shall indorse upon the certificate of registry a memorandum of such change, specifying the name of such new master, and shall sub- scribe the memorandum with his name; and if other than the collector of the district by m hom the certificate of reg- istry was granted, shall transmit a copy of the memoran- dum to him, with notice of the i)articular vessel to which it relates; and the collector of the district, by whom the certificate shall have been granted, shall make a like mem- orandum of such change in his book of registers, and shall July 5, 1884. transmit a copy thereof to the Commissioner of Naviga- ^^^■'^- tion. If the change is not reported, or if the oath is not taken, as above directed, tlie registry of such vessel shall be void, and the master or person having the charge or command of her shall be liable to a penalty of one hundred dollars. 37. Mortgage and bill of sale. K.s, 4192. '^o bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel, of the United States, snail be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation, or conveyance is recorded in the oflice of the collector of the customs where such vessel is registered or enrolled. The lien by bottomry on any vessel, created PART IIT. DOCUMENTS OF VESSELS. 37 during her voyage, by a loan of money or materials neces- sary to repair or enable her to ])rosecute a voyage, shall not, however, lose its i)rionry, or bo in any way afl'eeted by the provisions of this section. The collectors of the customs shall record all such bills ks. 4i!»;j. of sale, mortgages, hyi)othecati()ns, or conveyances, and, also, all certificates for discharging and canceling any such conveyances, in books to be kept for that ])urpose, in the order of their reception; noting in such books, and also on the bill of sale, mortgage, hypotiiecation, or conveyance, the time when tht. same was received; and shall certify on the bill of sale, mortgage, hypothecation, or conveyance, or certificate of discharge or cancellation, Ihe number of the book and page where recorded; but no bill of sale, mort- Juueio.issa. gage, hypothecation, conveyance, or discharge of mortgage or other incumbrance of any vessel, .shall be recorded, unless the same is duly acknowledged before a notary [)ublic or other officer authorized to take acknowledgment of deeds. The collectors of the customs shall keep an index of such r. s., 4194. records, inserting alphabetically the names of the vendor or mortgagor, and of the i)urchaser or mortgagee, and shall permit such index ami books of records to be inspected during office hours, under such reasonable regulations as they may establish, and shall, when required, furnish to any person a certificate, setting forth the names of the owners of any vessel registered or enrolled, the parts or proportions owned by each, if inserted in tlie register or enrollment, and also the material facts of any existing bill of sale, mortgage, hypothecation, or other incumbrance upon such vessel, recorded since the issuing of the last register or enrollment, viz, the date, amount of such incum- jimo 19, 1886. brance, and from and to whom or in whose favor made. The collectors of the customs shall furnish certified copies 1: ^ . 4195. of such records, on the receipt of fifty cents for each bill of sale, mortgage, or other conveyance. All bills of sale of vessels registered or enrolled, shall set k. s.,4i96. forth the part of the vessel owned by each person selling, and the part conveyed to each person purchasing. 38. Safe to alien. If any vessel registered as a vessel of the United States k.s-,4172. shall be sold or transferred, in whole or in part, by way of trust, confidence, or otherwise, to a subject or citizen of any foreign prince or state, and such sale or transfer shall not be made known, as hereinbefore directed, such vessel, together with her tackle, apparel, and furniture, shall be forfeited. If such vessel, however, be so owned in i)art only, and it is made to appear to the. jury before whom the trial for such forfeiture is had, that any other owner of such vessel, being a citizen of tlie United States, was wholly ignorant of the sale or transfer to or ownership of such foreign subject or citizen, the share or interest of such citi- zen of the United States shall not be subject to such for- feiture, and the residue only shall be so forfeited. 15899? 38 PART III. DOCUMENTS OF VESSELS. 39. Loss of register. R.s.,4167. Whenever the certificate of the registry of any vessel is lost, destroyed, or mislaid, the master, or other person hav- ing" the charge or command thereof, may make oath before the collector of the district where such vessel shall first be after such loss, destruction, or mislaying, in the form follow- ing: "I, (inserting here the name of the person swearing), being master (or having the charge or command) of the ship or vessel called the (inserting the name of the vessel), do swear (or affirm) that the said vessel hath been, as I verily believe, registered according to law, by the name of (insert- ing again the name of the vessel), and that a certificate thereof was granted by the collector of the district of (nam- ing the district where registered), which certificate has been lost (or destroyed, or unintentionally and by mere accident mislaid, as the case may be); and (except where the certificate is alleged to have been destroyed) that the same, if found again, and within my power, shall be deliv- ered up to the collector of the district in which it was granted." Such oath shall be subscribed by the party making the same; and upon such oath being made, and the other requisites of this Title [R. S., 41:31-4305] in order to the registry of vessels being comiDlied with, it shall be law- ful for the collector of the district before whom such oath is made, to grant a new register, inserting therein that the same is issued in lieu of the one lost or destroyed. R.s.,4168. Whenever a register is granted in lieu of one lost or destroyed, by any other than the collector of the district to which the vessel actually belongs, such register shall, within ten days after her first arrival within the district to which she belongs, be delivered up to the collector of such district, who shall, tliereupon, grant a new register in lieu thereof And in case the master or commander shall neglect to deliver up such register within the time above mentioned, he shall be liable to a penalty of one hundred dollars; and the former register shall become null and void. 40. Failure to deliver former register. R. s., 4169. Xn every case in which a vessel is required to be registered anew, if she shall not be so registered anew, she shall not be entitled to any of the privileges or benefits of a vessel of the United States. And if her former certificate of reg- istry is not delivered up, except where the same may have been destroyed, lost, or unintentionally mislaid, and an oath thereof shall have been made, as hereinbefore prescribed, the owner of such vessel shall be liable to a penalty of five hundred dollars, to be recovered, with costs of suit. 41. Cancellation of register. It. s., 4174. Every certificate of registry which is delivered up to a collector on the loss, destruction, or capture of a vessel, or the transfer thereof to a foreigner, shall be forthwith trans- Juiy5,i884. mittcd to the Commissioner of Navigation to be canceled; Sec. 2. who, if the same shall have been delivered up to a collector PART III. DOCUMENTS OF VKSSELS. 39 other than of tlie district in whioli it was jxranted, sliall canse notice of such delivery to be given to the collector of such district. Whenever the master or owner of a vessel shall deliver i;. S..4175. up the register of such vessel, agreeably to the provisions of this Title [K. S., 4131-4305], if to the collector of the district where the same was granted, the collector shall theieupon cancel the bond which shall have been given at jiui. lo.isos. the time of granting such register; or if to the collector of any other district, such collector shall grant to the master, commander, or owner, a receipt or acknowledgment that such register has been delivered to him, and the time when ; and upon such receipt being produced to the collector by whom the register was granted, he shall cancel the bond of the party, as if the register had been returned to him. [Note. — Bonds abolished -lanuary IG, 1895. This section applies only to outstanding bonds.] 42. Special registry law. The Secretary of the Treasury is hereby authorized and k.s.,413i. directed to grant registers, as vessels of the United States, ^.-ly lo.isoa. to such foreign-built steamships now engaged in freight '^'^'^^^^ and ])assenger business, and sailing in an established line from a jiort in the United States, as are of a tonnage of not less than eight thousand tons, and capable of a speed of not less than twenty knots per hour, according to the existing method of Government test for speed, of which not less than ninety per centum of the shares of the capital of the foreign corporation or association owning the same* was owned January first, eighteen hundred and ninety, and has continued to be owned until the passage of this act by citizens of the United States, including as such citizens corporations created under the laws of any of the States thereof, upon the American owners of such majority interest obtaining a full and complete transfer and title to such steamships from the foreign corporaticms owning the same: Provided, That such American owners shall, subse- quent to the date of this law, have built, or have con- tracted to build, in American shipyards, steamshii)S of an aggregate tonnage of not less in amount than that of the steamships so admitted to registry. Each steanishij) so built or contracted for to be of a tonnage of not less than seven thousand tons. The Secretary of the Treasury, on being satisfied that sec. a. such steamships so acquired by American citizens, or by such corporation or corporations as above set forth, are such as come within the provisions of this act, and that the American owners of such steamships, for which an American registry is to be granted under the provisiims hereof, have built or contracted to l/uild in American ship- yards steamships of an aggregate tonnage as set forth in the first section hereof, sliall direct the bills of sale or transfer of the foreign-built steamships so aciiuired to be recorded in the oftice of the collector of customs of the 40 PART III. — DOCUMENTS OF VESSELS. proper collection district, and cause such steamships to be registered as vessels of the United States by said collector. After which, each of such vessels shall be entitled to all the rights and privileges of a vessel of the United States, except that it shall not be employed in the coastwise trade of the United States. Sec. 3. 'So further or other inspection shall be required for the said steamship or steamships than is now required for foreign steamships carrying passengers under the exist- ing laws of the United States, and a special certificate of inspection may be issued for each steamship registered under this act; and before issuing the registry to any such steamship as a vessel of the United States the collector of customs of the proper collection district shall cause such steamship to be measured and described in accordance with the laws of the United States, which measurement and description shall be recited in the certificate of registry to be issued under this act. ^^'^' *■ Any steamship so registered under the provisions of this act may be taken and used by the United States as cruisers or transports upon payment to the owners of the fair actual value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value at the time of taking between the United States and the owners, then the same shall be determined by two impartial appraisers, one to be appointed by each of said parties, who, in case of di»sagreement, shall select a third, the award of any two of the three so chosen to be final and conclusive. [XoTE. — The ai)plication of this act was limited to the Netv Yorlc and Paris.^ 43. Change of trade. E.s.,4322, The collectors of the several districts may enroll and license any vessel that may be registered, upon such regis- try being given up, or may register any vessel that may be enrolled, upon such enrollment and license being given up. E.s.,4323. When any vessel shall be in any other district than the one to which she belongs, the collector of such district, on the application of the master thereof, and upon his taking an oath that, according to his best knowledge and belief, the property remains as expressed in the register or enroll- jan.16, 1895. mcut proposcd to be given up, shall make the exchange of an enrollment for a register or a register for an enrollment; but in every such case, the collector to whom the register or enrollment and license may be given up shall transmit July 5, 1884. ^^^ saiuc to the Commissioner of Navigation; and the reg- ister, or enrollment and license, granted in lieu thereof, shall, within ten days after the arrival of such vessel within the district to which she belongs, be delivered to the col- lector of the district, and be by him canceled. If the mas- ter shall neglect to deliver the register or enrollment and license within such time, he shall be liable to a penalty of one hundred dollars. PART III. DOCUMENTS OF VESSELS. 41 44. Method of enrollment and license. Ill order for the eiirolliiieiit of anj' vessel, she shall pos- ks., 4:112. sess the same qualiticatioiis, and the same re(iuiiemeiits in all respects shall be complied with, as are required before registering a vessel; and the same powers and duties are conferred and imjiosed u])()n all officers, respectively, and the same proceedings shall be had, in enrollment of ves- sels, as are j)rescril)ed for sin)ilar cases in registering; and vessels enrolled, with tlie masters or owners thereof, shall be subject to the same requirements as are prescribed for registered vessels. 45. Oath of master and owner. No licensed vessel shall be employed in any trade whereby ^ s.,4320. the revenue laws of the United States shall be defrauded. The master of eveiy such vessel shall swear that he is a citi- zen 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 whereby the revenue of the United States may be defrauded; and if such vessels be less than twenty tons burden, the husband or managing owner sliall swear that she is wholly the property of citizens of the United States; whereupon it shall be the duty of the collector of the dis- trict comprehending the port whe..eto such vessel may belong to grant a license. Any master or owner violating the pro- ^|^" ,|^' ^^^^' visions of this section shall be liable to the penalty of two hundred dollars, in addition to any other penalty imposed by law. The Secretary of the Treasury shall have ])ower to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud. 46. Fees. All vessels subject to enrollment or license shall be liable '^- ^•' "'^^^ Sec. 5. to the payment of the fees established by law for services of customs ofllicers incident thereto. [See i)aragraph 425>.] June 19, 1886. 47. Form of enrollment. The record of the enrollment of a vessel shall be made, ^ s.,43in. and an abstract or copy thereof granted, as nearly as may be in the following form: |"] Enrollment. In conformity to Title L, [li. S. 4311-431)0J ' Kegflation of vessels in DOMESTIC COMMERCE,' of the Keviscd Statutes of the United States, (inserting here the name of the person, with Ins occupation and place of abode, by whom the oath or affirmation is to be made,) having taken and subscribed the oath (or aiifirmation) required bylaw, and having sworn (or affirmed) that he (or she, and if more than one owner adding the words 'together with,' and the name or names, occupa- tion or occupations, place or places of abode[,| of the owner or owners, and the jiartor jiroportion of such vessel belong- ing to each owner) is (or are) a citizen (or citizens) of the United States, and sole owner (or owners) of the ship or vessel called the (inserting here her name), of (inserting 42 PART in. DOCUMENTS OF VESSELS. here the name of the port to which she may belong), wliereof (inserting here the name of the master) is at pres- ent master, and is a citizen of the United States, and that the said ship or vessel was (inserting here when and where) bnilt, and (inserting here the name and office, if any, of the person by wliom she shall have been surveyed and measured), having certified that the said ship or vessel has (inserting here the number of decks), and (inserting here the number of masts), and that her length is (inserting here the number of feet), her breadth (inserting here the number of feet), her depth (inserting here the number of feet), and that she measures (inserting here her number of tons); that she is (describing here the particular kind of vessel, whether ship, brigaiitiue, snow, scliooner, sloop, or whatever else, together with her build, and specifying whether she has any or no gallery or head), and the said (naming the owner or the master, or other person acting in behalf of the owner or owners, by whom the certificate of measurement shall have been countersigned), having agreed to the description and measurement above specified, according to the said Title, the said ship or vessel has been jaii.16, 1895. duly enrolled at the port of (naming the port where enrolled). Given under my hand and seal, at (naming the said port), this (inserting the particular day) day of (nam- ing the month), in the year (specifying the number of the year, in words, at length)." 48. Form of license. R.s.,4321. The form of a license for carrying on the coasting-trade or fisheries shall be as follows: "License for carrying on the (here insert 'coasting trade,' 'whale fishery,' 'mackerel-fishery,' or 'cod-fishery,' as the case may be). "InpursuanceofTitleL [R. S., 4311-4390], ' REGULATION OF VESSELS IN DOMESTIC COMMERCE,' of the Rcviscd Stat- utes of the United States, (inserting here the name of the husband or managing owner, with his occupation and place of abode, and the name of the mastei, with the place of bis jau.16.1895. abodc), haviiig [given bond] thatihe(insert herethedescrip- tion of the vessel, whether shq), brigantme, snow, schooner, sloop, or whatever else she may be), called the (insert here the vessel's name), whereof the said (naming the master) is master, burden (insert here the number of tons, in words) tons, as api)ears by her enrollment, dated at (naming the district, day, month and year, in words at length, but if she be less than twenty tons, insert, instead thereof, 'proof being had of her admeasurement') shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any other vessel, or for any other employment, than is herein si)ecified, license is hereby granted for the said (inserting here the description of the vessel) called the (inserting here the vessel's name,) to be emi)loyed in carrying on the (inserting here 'coasting- PART III. DOCUMENTS OF VESSELS. 43 trade,' 'whale fishery,' 'mackerel-fishery,' or 'cod-fishery', as the case may be), for one year from the date hereof, and no longer. Given under my hand and seal at (naming the said district), this (inserting the particular day), day of (naming the month), in the year (specifying the number of the year in words at length)." j Bonds abolished Jan. 10, 1895. 1 The collector of each district shall progressively number u.s.,4333. the licenses by him granted, beginning anew at the com- menceuieut of each year, and shall make a record thereof in a book, to be by liim kept for that i)nrpose, and shall, once in three months, transnut to the Commissioner of juiy 5,1884. Navigation copies of the licenses which shall have been so granted by him; and also of such licenses as shall have been given up or returned to him, respectively, in pur- suance of this Title |K. S., 4311-43901. Whenever any vessel is licensed or enrolled anew, or being licensed or enrolled is afterward registered, or being registered is afterward enrolled or licensed, she shall, in every such case, be enrolled, licensed, or registered by her Ibrmer name. 49. Duration of license. No license, granted to any vessel, shall be considered in R.s.,4324. force any longer than such vessel is owned, and of the description set forth in such license, or for carrying on any other business or employment than that for which she is specially licensed. 50. Surrender of license. The license granted to any vessel shall be given up to RS..4325. , the collector of the district who may have granted the same, within three days after the expiration of the time for which it was granted, in case such vessel be then within the dis- trict, or if she be absent at that time, within three days from her first arrival withm the district afterward, or if she be sold out of the district, within three days after the arrival of the master within any district, to the collector of such district, taking his certificate therefor; and if the master thereof shall neglect or refuse to deliver up the license, he shall be liable to a penalty of fifty dollars. If such license, however, shall have been previously K.s.,4326. given up to the collector of any other district, as author- ized by this Title ] K. S., 4311-431K) |, and a certificate thereof under the hand of such collector be produced by such master, or if such license be lost, or destroyed, or uninten- tionally mislaid so that it cannot be found, and the master of such vessel shall make and subscribe an oath that such license is lost, destroyed, or unintentionally mislaid, as he verily believes, and that the same, if found, shall be deliv- ered up, as is herein required, then the penalty prescribed in the i)receding section shall not be incurred. Jf such license shall be lost, destroyed, or unintentionally mislaid, before the expiration of the time for which it was granted, 44 PART III. — DOCUMENTS OF VESSELS. upon tbe like oath being made and subscribed by the master of such vessel, tbe collector, upon application being made therefor, shall license such vessels anew. R. s.,4327. The owner of any licensed vessel may return such license to the collector who granted the same, at any time within the year for which it was granted; and thereupon the col- lector shall cancel the same, and shall license such vessel anew, upon the application of the owner, and upon tbe conditions hereinbefore required being complied with. 51. Enrollment and license to corporations. ii.s.,4313. Enrollments and licenses for vessels owned by any incor- porated company may be issued in tbe name of tbe presi- dent or secretary of such company; and such enrollments or licenses shall not be vacated or affected by any sale of shares of stock in such company. R.s.,4314. Previously to granting enrollment and license for any vessel, owned by any company, the president or secretary of such company shall swear to tbe ownersbii) of such ves- sel, by such company, without designating the names of the persons composing such company ; which oath shall be deemed sufficient, without requiring tbe oath of any other person interested or concerned in such vessel. ii.s.,4315. Upon tbe death, removal, or resignation of the president or secretary of any incorporated company owning any steamboat or vessel, a new enrollment and license shall be taken out for such steamboat or vessel. 52. Change of owner. R. s., 4329. Whenever it appears, by satisfactory proof, to the Com- missioner of Navigation that any vessel has been sold and transferred by jorocess of law, and that tbe certilicate of enrollment or license of such vessel is retained by the for- juiy5, 1884. mcr owucr, the Commissioucr may direct tbe collector of the district to which such vessel belongs to grant a new certificate of enrollment or license, on the owner's, under such sale, complying with such terms and conditions as are by law required for granting of such papers, excepting only the delivering up of the former certificate of enrollment or license. But nothing in this section shall be construed to remove the liability of any person to any penalty for not surrendering up the papers belonging to any vessel, on a transfer or sale of tbe same. 53. Change of master. R. s., 4335. Whenever the master of any licensed vessel, ferry-boats excepted, is changed, tbe new master, or, in case of his absence, the owner or one of tbe owners thereof, shall report such change to the collector residing at the port where tbe same bajipens, if there be one; otherwise, to the collector residing at any port where such vessel next arrives, who, upon the oath of such new master, or, in case of his absence, of the owner, that such master is a citizen of the United PART III. DOCUMENTS OF VESSELS. 45 States, and that such vessel shall not, while such license continues in force, be employed in any manner whereby the reveiine of the United States may be defrauded, sliall indorse sucli change on the license, with the name of the new master. Whenever such change is not rei)()rted, and indorsed, as herein re(inired, such vessel, if found carrying on the coasting trade or lisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States having a register, and the new master shall be liable to a penalty of ten dollars. 54. Certification by customs officer. In every case where the collector is by this Title [R. S., r.s., 4332. 4311-43. -'0] directed to grant any enrollment, license, cer- tificate, permit or other docnment, the nav;d ollicer lesidiug at the port, if there be one, shall sign the same; and every surveyor who certifies a manifest, or grants any permit or who receives any certified manifest, or any permit, as is provided for in this Title, shall make return thereof, monthlj', or sooner, if it can conveniently be made, to the collector of the district where such surveyor resides. 55. Enrollment outside of district. Whenever it becomes necessary for the owner of any r.s., 4328. vessel of the United States navigating the waters of the United States, and being in a district other than tliat to Apr.i7,i874. which such vessel belongs, to procure her enrollment and license, or license, or renewal thereof, the same proceedings may be had in the district in which the vessel then is as are required by law on application for such enrollment and license, or license, or renewal thereof, as the case may be, in the district to which such vessel belongs, excepting the enrollment and issuance of license; and the ofiicer before Jan. le, isos. whom such proceeding is had shall certify the same to the collector of the district to which such vessel belongs, who shall thereupon duly enroll tlie vessel and issue license in the same form as if the application had originally been made in his office; and shall either deliver the license to the owner, or forward it by mail to the officer who certified to him the preliminary proceedings; and in the latter case, such officer shall deliver the license to the owner or master of the vessel. 56. Special provisions for enrollment and license. The assistant collector at Jersey City may enroll and it. s., 4340. license all vessels engaged in the coasting-trade and fish- eries, owned in whole or in ])art by residents of the counties of Hudson and Bergen, in the State of New Jersey. The assistant collector for the port of Camden, in New us.. 4341. Jersey, may enroll and license all vessels engaged in the coasting-trade and fisheries, owned in whole or in part by residents of that i)ortion of the iJridgeton district lying north of Alloway's Creek, in the county of Salem, in the State of New Jersey. 46 PART III. DOCUMENTS OF VESSELS. R.s.,4342. The owners of vessels residing on New Elver, in Onslow County, in the State of North Carolina, shall have the privilege of taking out registers or enrollments and licenses at Wilmington, in that (State, and the collector of that dis- trict may grant the same on the conditions required by law. R.s.,4343. The deputy collector who may be appointed to reside at Chesapeake City, in Maryland, shall have power to grant enrollments and licenses to vessels. R.s.,4344. The Secretary of the Treasury may authorize the sur- veyor of any port of delivery, under such regulations as he shall deem necessary, to enroll and license vessels to be employed in the coasting-trade and fisheries, in like man- ner as collectors of ports of entry are authorized to do. R. s.,4345. The surveyors appointed for the ports of Cold Spring, on the north side of Long Island, Creenport and Port eJeffer- son, all in the State of New York, shall have power to enroll and license vessels to be employed in the coasting trade and fisheries, and to enter and clear, and grant reg- isters and other usual papers to vessels employed in the whale-fisheries, under such restrictions and regulations as the Secretary of the Treasury may deem necessary. R.s.,4346. Any surveyor who shall perform the duties directed to be i)erforme(l by the two preceding sections shall be entitled to receive the same commissions and fees as are allowed by law to collectors, for performing the same duties. 57. Inspection of enrollment and license. R. s., 4336. Any officer concerned in the collection of the revenue may at all times insi^ect the enrollment or licenseof any vessel; and if the master of any such vessel shall not exhibit the same, when re(juired by such officer, he shall be liable to a penalty of one hundred dollars. 58. Record of American-built vessels owned by aliens. R.S..4180. Every vessel built in the United States, and belonging wholly or in i)ait to the subjects of foreign powers, in order to be entitled to tlie benefits of a ship built and reccnded in the United States, shall be recorded in the office of the collector of the district in which such vessel was built, in the manner following: The builder of every such vessel shall make oath before the collector of such district in man- ner following: "I, (inserting here the name of such builder), of (inserting here the place of his residence), shipwright, do swear (or aflirm) that (describing here the kind of vessel, as whether ship, brig, snow, schooner, sloop, or whatever else) named (inserting here the name of the ship or vessel), having (inserting here the number of decks), and being in length (inserting here the number of feet), in breadth (in- serting here the number of feet), in depth (inserting he'^e the number of feet), and measuring (inserting here the num- ber of tons), having (specifying whether any or no) gallery, and (also specifying whether any or no) head, was built by me or under my direction at (naming the place, county, PART III. DOCUMENTS OF VESSELS. 47 and State), in the United States, in the year (inserting here the number of the year)." Whicli oath shall be subscribed by the person making tiie same, and shall be recorded in a book to be kept by the collector for that purpose. The collector shall cause the vessel so built to be surveyed it. s., 4181. or measured, and the person by whom such measurement is made shall grant a certificate thereof, as in the case of a vessel to be registered, which certificate shall be counter- signed by the builder, and by an owner or the master or person having the command or charge thereof, or by some other person being an agent for the owner thereof, in testi- mony of the truth of the particulars therein contained. A certificate of the record, attested under the hand and R.s.,4i82. seal of the collector, shall be granted to the master of every such vessel, as nearly as may be, of the form follow- ing: "In pursuance of chapter one. Title XLVlll [1\. S., 4131-4305], "Kegulation of Commerce and Naviga- tion," of the Kevised Statutes of the United States, I, (inserting here the name of the collector of the district), of (inserting here the name of the district), in the United States, do certify that (inserting here the name of the builder), of (inserting here the place of his residence, county, and State), having sworn (or affirmed) that tlie (describing the ship or vessel, as in tlie certificate of record) named (inserting here her name), whereof (inserting here the name of the master) is, at present, master, was built at (inserting here the name of the place, county, and State where built), by him or under his direction, in the year (inserting here tlie number of the year); and (inserting here the name of the surveyor, or other person, by whom the measurement shall have been made) having certified that the said ship or vessel has (inserting here her number of decks), is in length (inserting here the number of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet), and measures (insert- ing here the number of tons): And the said builder and (naming and describing the owner, or master, or agent for the owner or owners, as the case may be, by whom the said certificate shall have been countersigned) having agreed to the said description and admeasurement, the said vessel has been recorded, in the district of (inserting here the name of the district where recorded), in the United States. Witness my hand and seal this (inserting here the day of the month) day of (inserting here the name of the month), in the year (inserting here the number of the year)." Which certificate shall be recorded in the office of the col- lector, and a duplicate thereof transmitted to the Commis- ,i„iv 51884. sioner of Navigation to be recorded in his office. Whenever the master or the name of a vessel so recorded ii.s.,4i83. IS changed, the owner, part owner, or consignee of such • vessel shall cause a memorandum thereof to be indorsed on the certificate of the record, by the collector of the dis- trict where such vessel may be, oi- at which she shall first arrive if such change took place in a foreign country; and a copy thereof shall be entered in the book of records, a 48 PART III. DOCUMENTS OF VESSELS. transcript whereof shall be transmitted by the collector to the collector of the district where such certificate was granted, if not the same person, who shall enter the same July 5, 1884. in bis book of records, and forward a duplicate of such entry to the Commissioner of Navigation ; and in such case, until the owner, part owner, or consignee shall cause the memorandum to be made by the collector, in the manner above prescribed, such vessel shall not be deemed a vessel recorded, in })ursuance of this Title [R. S., 4131-4305J. K.s.,4184. The master or other person having the command or charge of any vessel, recorded in pursuance of this Title [R. S., 4131-4305J, shall, on entry of such vessel, produce the certificate of such record to the collector of the district where she is so entered; and in default thereof the vessel shall not be entitled to the privileges of a recorded vessel. 59. Offenses against the registry law. R.s.,4187. Every collector or officer who knowingly makes, or is concerned in making, any false register or record, or who knowingly grants or is concerned in granting, any false certificate of registry or record of or for any vessel, or any other false document whatever touching the same, contrary to the true intent and meaning of this Title [R.S., 4131-4305], or who designedly takes any other or greater fees than are by this Title allowed, or who receives any voluntary reward or gratuity for any of the services performed, pursuant thereto; and every surveyor or other person appointed to measure any vessel, who willfully delivers to any collector or naval otficer a false description of such vessel, to be registered or recorded, shall be ])unishable by a fine of one thousand dollars, and be rendered incapable of serving in any office of trust or profit under the United States. R.s.,4188. If any person authorized and required by this Title [R. S., 4131-4305] to perform, as an officer, any act or thing, willfully neglects to do or perform the same, according to the true intent and meaning of this Title, he shall, if not subject to the penalty and disijualification prescribed in the preceding section, be i)unishable by a fine of five hun- dred dollars for the first offense, and by a like fine for the second offense, and shall thenceforth be rendered incapable of holding any office of trust or profit under the United States. R.s.,4189. Whenever any certificate of registry, enrollment, or license, or other record or document granted in lieu thereof, to any vessel, is knowingly and fraudulently obtained or used for any vessel not entitled to the benefit thereof, such vessel, with her tackle, apparel, and furniture, shall be liable to forfeiture. R. s., 4190. No sea-letter or other document certifying or proving any vessel to be the property of a citizen of the United States shall be issued, except to vessels duly registered, or enrolled and licensed as vessels of the United States, or to vessels which shall be wholly owned by citizens of the United PART III. DOCUMENTS OF VESSELS. 49 States, and fuinislKMl with or entitled to si'adettcis or other custom lioiise documents. Every person wlio knowingly makes, utters, or ])nl)lishes i:.s.. iioi. any false sea-letter, Mediterraneau ])assi)ort, or certiticat«^ of registry, or who knowingly avails himself of any such Mediterranean i)ass))ort, sea letter, or certifi(;ate of regis- try, shall be liable to a penalty of not more than live thou- sand dollars, and, if an olhcer of the United States, shall thenceforth be in('apal>le of holding any oHice of trust or prolit under the antliority of the United States. 60. Offenses against enrollment and license laws. Every collector, who knowingly makes any record of K.s.,4373. enrollment or license of any vessel, and every other officer, or ptM'son, api)ointed by or under them, who makes any record, or grants any certiticate or other document what- ever, contrary to the true intent and meaning of this Title [R. S., -1311-439(1], or takes any other or greater fees than are by this Title allowed, or receives for any service per- formed pursuant to this Title, any rewanl or gratuity, and every surveyor, or other person appointed to measure ves- sels, who willfully delivers to any collector or naval oftlcer atalse description of any vessel, to be enrolled or licensed, in pursuance of this Title, shall be liable to a penalty of five hundred dollars, and be rendered incapable of serving in any oftice of trust or prolit under the United States. Every person, authorized and required by this Title ii.s.,4374. [11. S., 4311-4390 j to perform any act or thing as an officer, who willfully neglects or refuses to do and perform the same, according to the true intent and meaning of this Title, shall, if not subject to the penalty and disqualifications pre- scribed in the preceding section, be liable to a penalty of five hundred dollars for the tlrst offense, and of a like sum for the second offense, and shall, after conviction for the second offense, be rendered incapable of holding any office of trust or profit under the United States. Every person who forges, counterfeits, erases, alters, or i;.s.,4;)75. falsifies any enrollment, license, certiticate, permit, or other document, mentioned or required in this Title [R. S., 4311- 4390J, to be granted by any ofiicer of the revenue, such per- son, so ofl'ending, shall be liable to a penalty of five hun- dred dollars. Every person who assaults, resists, obstructs, or hinders ii.s.,4376. any officer in the execution of any act or law relating to the enrollment, registry, or licensing of vessels, or of this Title [li S., 4311-4390J, or of any of the powers or author- ities vested in him by any suc^h act or law, shall, for every such offense, for which no other penalty is particularly pro- vided, be liable to a penalty of five hundred dollars. NAV 99, PT 2 4 Part IV.— officers OF MERCHANT VESSELS. 61. Citizenship of officers. 62. Duration of licenses. 63. Service during war. 64. Naturalization of engineer or pilot. 65. Oflicers license. 66. Master's license. 67. Mate's license. 68. Engineer's license. 69. Pilot's license. 70. Master or mate acting as pilot. 71. Oath of officer. 72. Removal of master. E. S.4131. May 28, 1890. Sec. 1. June 26, 1884. Sec. 1. 61. Citizenship of officers. All the officers of vessels of the United States who shall have charge of a watch, including pilots, shall in all cases be citizens of the United States. The word "officers" shall include the chief engineer and each assistant engineer in charge of a watch on vessels propelled wholly or in part by steam; and after the first day of January, eighteen hundred and ninety-seven, no person shall be qualitied to bold a license as a commander or watch officer of a merchant vessel of the United States who is not a native-born citizen, or whose naturalization as a citizen shall not have been fully completed. In cases where on a foreign voyage, or on a voyage from an Atlantic to a Pacific port of the United States, any such vessel is for any reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion of another officer to such place, may be supplied by a person not a citizen of the United States until the first return of such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer. May 28, 1896. Sec. 2. 62. Duration of licenses. All licenses issued to such officers shall be for a term of five years, but the holder of a license may have the same renewed for another five years at any time before its expira- tion: Provided, however, That any officer holding a license, and who is engaged in a service which necessitates his con- tinuous absence from the United States, may make appli- cation in writing for one renewal and transmit the same to the board of local inspectors with a statement of the applicant verified before a consul, or other officer of the United States authorized to administer an oath, setting forth the reasons for not appearing in person; and upon receiving the same the board of local inspectors that origi- nally issued such license shall renew the same for one addi- 50 PART TV. OFFICERS OF MERCHANT VESSELS. 5 tioiial term of such license, and shall notify the applicant ot such renewal. And in iill (;ases where tlie issne is tlie suspension or revocation of such licenses, whether before the local boaids of inspectors [of steam vessels] as [)ro vided for in section forty-four hundred and fifty of the Kevised Statutes, or before the ^ui)ervisino- inspector as provided for in section forty-four hundred and fifty-two of the Revised Statutes, the accused shall be allowed to appear by counsel and to testify in his own behalf. 63. Se~vice during war. Ko master, mate, pilot, or engineer of steam vessels May28, isoe. licensed under title tiftytwo [H. S. 43y{)-4r)0(>j of the lie- ^*'<'-2- vised Statutes shall be liable to draft in time of war, except for the performance of duties such as re(iuircd by his license; and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer shall be entitled to the highest rate of wages i)aid in the merchant marine of the United States for similar services; and, if killed or wounded while performing such duties under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. 64. Naturalization of engineer or pilot. Any alien who, in the manner provided for by law, has r.s.,4131. declared his intention to become a citizen of the United Apr.i?. i874. States, and who shall have been a permanent resident of May28, i896. the United States for at least six months immediately ]>rior to the granting of such license, may be licensed, as if already naturalized, to serve as an engineer or pilot upon any steam vessel subject to inspection under the provisions of [R.S., 4399-4500] "the act, entitled '-An act to jTovide for the better security of life on board of vessels propelled, in wiiole or in i)art, by steam, and for other i)urposes," approved February twenty-eighth, eighteen hundred and seventy one. 65. Officer's license. The boards of local inspectors [of steam vessels] shall k.s.4438. license and classify the masters, chief mates, and second i>pc. 21. i898. and third mates, if in charge of a watch, engineers, and pilots of all steam vessels, and the masters and chief nuites of sail vessels of over seven hundred tons and all other vessels and barges of over one hundred tons burden carry- ing ])assengers for hire. It shall be unlawful to employ any person, or for any i)erson to serve, as a master, chief mate, engineer, or pilot of any steamer, or as nuister or chief mate of any sail vessel of over seven hundred tons who is not licensed by the inspectors; and anyone violating this section shall be liable to a penalty of one hundred dollars for each offense. 52 PART IV. OFFICERS OP MERCHANT VESSELS. R. s. 4446. Every mastei , mate, engineer, and pilot who shall receive a license sliall, when employed npon any vessel, place his certificate of license, which shall be framed under glass, in some conspicuous ])lace in such vessel, where it can be seen by passengers and others at all times; and for every neglect to comply with this provision by any such master, mate, engineer, or j)ilot, he shall be subject to a fine of one hundred dollars, or to the revocation of his license. 66. Master's license. E.S.4439. Whenever any person applies to be licensed as master of r)ec.^2i, 1898. ^^^ stcam vessel, or of a sail vessel of over seven hundred tons, the inspectors shall make diligent inquiry as to his character, and shall carefully examine the applicant as well as the proofs which he presents in support of his claim, and if they are satisfied that his capacity, experience, habits of life, and character are such as warrant the belief that he can safely be intrusted with the duties and resi)onsibilities of the station for which he makes application, they shall grant him a license authorizing him to discharge such duties on any such vessel for the term of five years; but such license shall be suspended or revoked upon satisfac- tory proof of bad conduct, intemperate habits, incapacity, inattention to his duties, or the willful violation of any provision of this title [R. S., 4399-4500] applicable to him. 67. Mate's license. K. s. 4440. Whenever any person applies for authority to be employed Dec. 21, 1898. r^g cliicf mate of ocean or coastwise steam vessels or of sail vessels of over seven hundred tons, or as second or third mate of ocean or coastwise steam vessels, who shall have charge of a watch, or whenever any person applies for authority to be employed as mate of river steamers, the inspectors sliall require satisfactory evidence of the knowl- edge, experience, and skill of the applicant in lading cargo and in handling and stowage of freight, and if for license as chief mate on ocean or coastwise steamers, or ot sail vessels of over seven hundred tons, or as second or third mate of ocean or coastwise steamers, who shall have charge of a watch, shall also examine him as to his knowledge and ability in navigation and managing such vessels and all other duties pertaining to his station, and if satisfied of his qualifications and good character they shall grant him a license authorizing him to perform such duties for the term of five years upon the waters upon which he is found qualified to act; but such license shall be suspended or revoked upon satisfactory proof of bad conduct, intemper- ate habits, unskillfulness, or want of knowledge of the duties of his station or the willful violation of any provision of this title [R. S, 4399-4500]. 68. Engineer's license. R.s.,4441. Whenever any person applies for authority to perform the duties of engineer of any steam-vessel, the inspectors Sec. 3. PART IV. OFFICERS OF MERCHANT VESSELS. 53 shall examine the applicant as to his knowledge of steam- machinery, and his experience as an engineer, and also the proofs which he produces in supi)ort of liis claim; and if, upon full consideration, they are satislied tluxt his character, habits of life, knowledge, and exi)erience in the duties of an engineer are all such as to authorize the belief that he is a suitable and safe person to be intrusted with the powers and duties of such a station, they shall grant him a license, authorizing him to be employed in such duties for the term of Ave years, in whicli they shall assign liini to the ai)i)ropri- ^'ay 2h, nm. ate class of engineers; but such license shall be suspended or revoked upon satisfactory proof of negligence, unskill- fulness, intemperance, or the willful violation of any pro- vision of this Title j K. W., 4399— ioOO]. Whenever comjdaint is made against any engineer holding a license authorizing him to take charge of the boilers and machinery of any steamer, that he has, through negligence or want of skill, permitted the boilers in his charge to burn or otherwise become in bad condition, or that he has not kept his engine and machinery in good working order, it shall be the duty of the inspectors, upon satisfactory proof of such negli- gence or want of skill, to revoke the license of such engi- neer and assign him to a lower grade or class of engineers, if they find him fitted therefor. 69. Pilofs //cense. Whenever any person claiming to be a skillful pilot of R.S..4442. steam-vessels offers himself for a license, the inspectors shall make diligent inquiry as to his character and merits, and if satisfied, from personal examination of the appli- cant, with the proof that he offers that he possesses the requisite knowledge and skill, and is trnstworthy and faithful, they shall grant him a license for the term of five May28, isoe. years to pilot any such vessel within the limits prescribed in the license; but such license shall be susi)ended or revoked upon satisfactory evidence of negligence, unskill- fulness, inattention to the duties of his station, or intem- perance, or the willful violation of any provision of this Title [K. S., 4399-4500J. 70. Master or mate acting as pilot. Where the master or mate is also pilot of the vessel, he R.s.,4443. shall not be requiied to hold two licenses to ])erform such duties, but the license issued shall state on its face that he is authorized to act in such double capacity. 71. Oatfi of officer. Every master, chief mate, engineer, and pilot, who re- k.s.,444.'-.. ceives a license, shall, before entering upon his duties, make oath before one of the inspectors herein provided for, to be recorded with the certificate, that he will faithfully and honestly, according to his best skill and Judgnunit, without concealment or reservation, perform all the duties required of him by law. 54 PART IV. OFFICERS OF MERCHANT VESSELS. 72. Removal of master. E.s.,4250. Any ])ers()ii or body corporate haviiijj more tLan one half ownersliip of any vessel shall have the ])0wer to remove a master, who is also part owner of such vessel, as such majority owners have to remove a master not an owner. This section shall not api)ly where there is a valid written agreement subsisting, by virtue of which such master would be entitled to possession, nor in 2k\\y case where a master has possession as part owner, obtained before the ninth day of April, eighteen hundred and seventy-two. Part V.— MERCHANT SEAMEN. Vessels exempt from libel for wages. Advances anu« is*. i>*8g. the several circuit couits of the United States to superin- ^®^-^^ ^^^^• tend the shijiping and discharge of seamen engaged in merchant ships belonging to the United States, and for the further protection of seamen" shall apply to sail or steam vessels engaged in the coastwise trade, (except the coastwise trade between the Atlantic and Pacific coasts,) or in the lake-going trade touching at foreign ports or other- wise, or in the trade between the United States and the British North American i)ossessions, or in any case where the seamen are by custom or agreement entitled to partici- pate in the profits or result of a cruise, or voyage. Shipping commissioners may ship and discharge crews Juue 19, isse. for any vessel engaged in the coastwise trade, or the trade '^''•^•-• between the United States and the Dominion of Canada, or Newfoundland, or the West Indies, or the Republic of Mexico, at the request of the master or owner of such vessel, the shipping and discharging fees in such cases to be one-half that i)rescribed by section forty-six hundred and twelve of the Revised Statutes, for the purpose of determining the compensation of shipping commissioners. When a crew is shipped by a shipping commissioner for i' eb. is, 1895. any American vessel in the coastwise trade, or the trade between the United States and the Dominion of Canada, or New Foundland, or the West Indies, or Mexico, as author- ized by section two of an Act ai)]m)ved June nineteenth, eighteen hundred and eighty-six, entitled "An Act to abolish certain fees for otiicial services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other puri)oses," an agreement shall be made with each seaman engaged as one of such (!iew in the same manner as is provided by Sections four thousand five hundred and eleven and four 64 PART V. MERCHANT SEAMEN. tliousand live hundred and twelve of tbe Eevised Statutes, Mar.3, 1897. uot bowevBi' iiicludiug' tliB sixtb and eighth items of Sec- Sec. 8. ^JQjj f^^^^, thousand live hundred and eleven; and such Sec 25 agreement shall be posted as provided in Section four thou- saud five hundred and nineteen, and such seamen shall be discharged and receive their wages as provided by the first clause of Section four thousand five liundred and twenty- nine and also by Sections four thousand five hundred aiid twenty-six, four thousand five hundred and twenty-seven, four thousand five hundred and twenty-eight, four tliousainl five hundred and thirty, four thousand five hundred and thirty five, four thousan13|; and every master who fails to sign and give to such sea- man such certificate and discharge, shall, for each such offense, incur a penalty not exceeding fifty dollars. But whenever the master shall discharge his crew or any part thereof in any collection district, where no shipping com- missioner has been appointed, he may perform for himself the duties of such commissioner. 91. Discharge in foreign ports. Upon the application of the master of any vessel to a r. s.,458o. consular otticer to discharge a seaman, or upon the appli- Juno26,i884. cation of any seaman for his own discharge, if it appears ^^'^•-■ to such ofhcer that said seaman has completed his shipi)ing agreement, or is entitled to his discharge under any act of Congress or according to the general princi])les or usages of maritime law as recognized in the United States, such officer shall discharge said seaman, and require from the master of said vessel, before such discharge shall be made, payment of the wages which may then be due said seaman ; but no payment of extra wages shall be recjuired by any consular officer uj^on such discharge 01 any seaman except as provided m this act. If any consular officer, when discharging any seaman, u.s.,458i. shall neglect to require the payment of and collect the noo.21, i898. arrears of wages and extra wages recjuired to be paid in the case of the discharge of any seaman, he shall be account- able to the United States for the full amount thereof. The Soc. 16 68 PART V. — MERCHANT SEAMEN. master shall provide any seaman so discharged with em- ployment on a vessel agreed to by the seaman, or shall pro- vide him with one month's extra wages, if it sluiU be shown to the satisfaction of the consul that such seaman was not discharged for neglect of duty, incompetency, or injury incurred on the vessel. If the seaman is discharged by voluntary consent before the consul, he shall be entitled to his wages up to the time of his discharge, but not for any further period. If the seaman is discharged on account of injury or illness, incapacitating him for service, the expeuvses of his maintenance and return to the United States shall be paid from the fund for the maintenance and transporta- tion of destitute American seamen. R.s.,4582. Whenever a vessel of the United States is sold in a for- Dec.2i, 1898. eigu couutry and her company discharged, it shall be the Sec. 17. duty of the master to produce to the consular officer a cer- tified list of the shii)'s company, and also the shipping arti- cles, and besides paying to each seaman or apprentice the wages due him, he shall either provide him with adequate employment on board some other vessel bound to the port at which he was originally shipped, or to such other port as may be agreed upon by him, or furnish the means of sending him to such port, or provide him with a passage home, or deposit with the consular officer such a sum of money as is by the officer deemed sufficient to defray the expenses of his maintenance and passage home; and the consular officer shall indorse upon the agreement with the crew of the ship which the seaman or apprentice is leaving tlie particulars of any payment, provision, or deposit made under this section. A failure to comply with the provi- sions of this section shall render the owner liable to fine of not exceeding fifty dollars. R.s.,4583. Whenever on the discharge of a seaman in a foreign Dec. 21, 1898. couutry by a consular officer on his complaint that the Sec. 18. voyage is continued contrary to agreement, or that the vessel is badly provisioned or unseaworthy, or against the officers for cruel treatment, it shall be the duty of the con- sul or consular agent to institute a proper inquiry into the matter, and, upon his being satisfied of the truth and jus- tice of such complaint, he shall require the master to pay to such seaman one month's wages over and above the wages due at the time of discharge, and to provide him with adequate employment on board some other vessel, or provide him with a passage on board some other vessel bound to the port from which he was originally shipped, or to the most convenient port of entry in the United States, or to a port agreed to by the seaman. 92. Wages. R.s.,4535. -^Q seaman shall, by any agreement other than is pro- vided by this Title [R. S., 4501-4613 1, forfeit his lien upon tlie ship, or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled; and every stipulation in any agreement inconsistent with PART V. MERCHANT SEAMEN. 69 any provision of this Title, and every stipulation by which any seaman consents to abandon his riglit to his wages in the case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative. The following rules shall be observed with respect to the j:.s.,4r)r.2. settlement of wages: First. Upon the completion, before a shipping comrais sioner, of any discharge and settlement, the master or owner and each seaman, respectively, in the i)rescnce of the shipping-commissioner, shall sign a mutual release of all claims for wages in respect of the past voyage or engage- ment, and the shipping-commissioner shall also sign and attest it, and shall retain it in a book to be kept for tliat l)urpose, provided both the master and seaman assent to such settlement, or the settlement has been adjusted by the ship])ing comn)issioner. iSecond. i5uch release, so signed and attested, shall oper- ate as a mutual discharge and settlement of all demands for wages between the parties thereto, on account of wages, in respect of the past voyage or engagement. Third. A copy of such release, certified under the hand and seal of such shipping commissioner to be a true copy, shall be given by him to any party thereto requiring the same, and such copy shall be receivable in evidence u[)on any future question touching such claims, and shall have all the effect of the original of which it purports to be a copy. Fourth. In cases in which discharge and settlement before a shipping commissioner are required, no payment, receipt, settlement, or discharge otherwise made shall oper- ate as evidence of the release or satisfaction of any claim. Fifth. Ui)on payment being made by a master before a shi[)ping commissioner, the sliipping-commissioner shall, if re(}uired, sign and give to such master a statement of the whole amount so paid; and such statement shall, between the master and his employer, be received as evidence that he has made the payments therein mentioned. Upon eveiy discharge effected before a shipping-commis- R.s.,4553. sioner, the master shall make and sign, in the form given in the table marked "IJ," in the schedule annexed to this Title [K. S., 4r)01-4<)13], a report of the conduct, character, and qualifications of the persons discharged; or nniy state in such form, that he declines to give any o])inion upon such particulars, or upon any of them; and the commis- sioner shall keei) a register of the same, and shall, if desired so to do by any seaman, give to him or indorse on his cer- tificate of discharge a copy of so much of such report as concerns him. A seaman's right to wages and provisions shall be taken K.s.,4524. to commence either at the time at which he commences work, or at the time specified in the agreement for his com- mencement of work or presence on board, whichever first happens. 70 PART V. MERCHANT SEAMEN. ii.s.,4525. ]!^o right to wages shall be dependent on the earning of freight by the vessel; but every seaman or apprentice who would be entitled to demand and receive any wages if the vessel on which he has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same of the master or owner in i^ersonam, notwithstanding that freight has not been earned. But in all cases of wreck or loss of vessel, proof that any seaman or apprentice has not exerted himself to the utmost to save the vessel, cargo, and stores, shall bar his claim. R.s.,4526. In cases where the service of any seaman terminates Dec. 21, 1898. ^eforc the period contemplated in the agreement, by rea- ^^"■^' son of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. Such seaman shall be considered as a destitute seaman and shall be treated and transported to port of shipment as provided in sections forty five hundred and seventy-seven, forty-five hundred and seventy-eight, and forty-five hundred and seventy nine of the Kevised Statutes of the United States. [This section shall not apply to fishing or whaling vessels or yachts — Dec. 21, 1898, Sec, UG.] E.s.,4527. Any seaman who has signed an agreement and is after- ward discharged before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying such discharge, and without his consent, shall be entitled to receive from the master or owner, in addition to any wages he may have earned, a sum equal in amount to one month's wages as compensation, and may, on adducing evidence satisfactory to the court hearing the case, of having been improperly discharged, recover such compensation as if it were wages duly earned. R. s.,4528. ^o seaman or apprentice shall be entitled to wages for any period during wliich he unlawfully refuses or neglects to work when required, after the time fixed by the agree- ment for him to begin work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offense committed by him. K.s.,4529. The master or owner of any vessel making coasting voy- Dec. 21, 1898. ^ggs shall pay to every seaman his wages within two days Z'*^"*' after the termination of the agreement under which he shipped, or at the time such seaman is discharged, which- ever first happens; and in the case of vessels making for- eign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first hap- pens; and in all cases the seaman shall, at the time of his discharge, be entitled to be paid, on account of wages, a sum equal to one-third part of the balance due him. Every master or owner who refuses or neglects to make payment in manner hereinbefore mentioned without sufficient cause shall pay to the seaman a snm equal to one day's pay for each and every day during which payment is delayed Sec. 5. PART V. MERCHANT SEAMEN. 71 beyond tlie respective periods, which sum sluill be recov- erable us wages in any chiiin nnidc before the court; but this section shall not apply to the nuisters or owners of any vessel the seamen on which are entitled to share in the protits of the cruise or voyage. [This section shall not apply to lishing or whaling vessels or yachts — Dec. 21, 1898, Sec. 2G. J Every seaman on a vessel of the United States shall be k. s.4530. entitled to receive from the master of the vessel to which nuc.2i,i898. he belongs one half part of the wages which shall be due him at every ])ort where such vessel, after the voyage has commenced, shall load or deliver cargo before the voyage is ended unless the contrary be exi)ressly stii)ulated in the contract; and when the voyage is ended every such sea- man shall be entitled to the remainder of the wages which shall then be due him as i)rovided in section forty live hundred and twenty-nine of the llevised Statutes. [This section shall not apply to fishing or whaling vessels or yachts— Dec. 21, 1898, Sec. 26.] Whenever the wages of any seaman are not paid within R.s.,4546. ten days after the time when the same ought to be paid according to the provisions of this Title [K. S., 4501-4G13J, or any dispute arises between the master and seamen touch- ing wages, the district judge for the judicial district where the vessel is, or in case his residence be more than three miles from the place, or he be absent from the place of his residence, then, any judge or justice of the peace, or any commissioner of a District court, may summon the master May28,i806. of such vessel to appear before him, to show cause why process should not issue against such vessel, her tackle, ai)parel, and furniture, according to the course of admiralty courts, to answer for the wages. If the master against whom such summons is issued k. s.,4547. neglects to ap])ear, or, appearing, does not show that the ^^^'^^'^^^^' wages are paid or otherwise satisfied or forfeited, and if the matter in dispute is not forthwith settled, the judge or justice or commissioner shall certify to the clerk of the dis- trict court that there is suflicient cause of com[)laint whereon to found admiralty process; and thereupon the clerk of such court shall issue process against the vessel. In all cases where the matter in demand does not exceed one hundred dollars the return day of the monition or citation shall be the first day of a stated or special session of court next succeeding the third day after the service of the monition or citation, and on the return of process in open court, duly served, either party may i)roceed therein to proofs and hearing without other notice, and final judgment shall be given according to the usual course of admiralty courts in such cases. In such suits all the seamen having cause of comi)laint of the like kind against the same vessel may be joined as complainants, and it shall be incumbent on the master to produce the contract and log book, if re(juired to ascertain any matter in dispute; otherwise the C()mi)lainants shall be permitted to state the contents thereof, and the burden of i)roof of the contrary Sec. 6. 72 PART V. MERCHANT SEAMEN. shall be on the master. But nothing herein contained shall prevent any seaman from maintaining any action at common law for the recovery of his wages, or having immediate process out of any court having admiralty juris- diction wherever any vessel may be found, in case she shall have left the port of delivery where her voyage ended before payment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the day when such wages are due, in accordance with sec- tion forty-five hundred and twenty-nine of the Revised Statutes. [This section shall not apply to fishing or whal- ing vessels or yachts — Dec. 21, 1898, Sec. 26. J R.s.,4548. Moneys paid under the laws of the United States, by direction of consular officers or agents, at any foreign port or place, as wages, extra or otherwise, due American sea- men, shall be paid in gold or its equivalent, without any deduction whatever any contract to the contrary notwith- standing. R s.,4603. Any question concerning the forfeiture of, or deductions from, the wages of any seaman or apprentice, may be deter- mined in any proceeding lawfully instituted with respect to such wages, notwithstanding the offense in respect of which such question arises, though hereby made punisha- ble by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding. R.s.,4605. Whenever in any proceeding relating to seamen's wages it is shown that any seaman or apprentice has, in the course of the voyage, been convicted of any often se by any competent tribunal, and rightfully punished therefor, by imprisonment or otherwise, the court hearing the case may direct a part of the wages due to such seaman not exceed- ing fifteen dollars, to be applied in reimbursing any costs properly incurred by the master in procuring such convic- tion and punishment. 93. I^essels exempt from libel for wages. R.s.,4251. No canal-boat, without masts or steam po^er, which is Feb. 18, 1875. required to be registered, licensed, or enrolled and licensed, shall be subject to be libeled in any of the United States courts for the wages of any person who may be employed on board thereof, or in navigating the same. 94. Advances and allotments of wages. June 26, 1884. (a) It Shall bc, and is hereby, made unlawful in any case ^'^' i?' ,„„„ ^^ P^y ^'^y seaman wages in advance ot" the time when ^ „, ,„„„ ^^ ^^^ actually earned the same, or to pay such advance wages to any other person. Any person paying such ad- vance wages shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than four times the amount of the wages so advanced, and may also be imprisoned for a period not exceeding six months, at the discretion of the court. The payment of such ad- vance wages shall in no case, excepting as herein provided, absolve the vessel or the master or owner thereof from full Dec. 21, 1898 Sec. 24. PART V. MERCHANT SEAMEN. 73 payment of wages after the same shall liave been actually earned, and shall be no defense to a libel, suit, or action for the recovery of such wages. If any person shall dcniiind or receive, either directly or indirectly, from any seaman or other person seeking employment as seaman, or from any person on his behalf, an}' remuneration whatever for ])ro- vidinghim with employment, he shall for every such offense be liable to a ])enalty of not more than one hundred dollars. (b) It shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages which he may earn to his grand parents, ])arents, wife, sister, or children. But no allotment whatever shall be allowed in the trade between the ports of the United States (except as provided in subdivision c of this section) or in trade between ports of the United States and the Dominion of Canada, Newfoundland, the West Indies and Mexico. (c) It shall be lawful for any seaman engaged in a ves- sel bound from a port on the Atlatitic to a port on the Pacific or vice versa, or in a vessel engaged in foreign trade, except trade between the United States and the Dominion of Canada or Newfoundland or the West Indies or the Re- public of Mexico, to stipulate in his shipping agreement for an allotment of an amount, to be fixed by regulation of the Commissioner of Navigation, with the approval of the Secretary of the Treasury, not exceeding one month's wages, to an original creditor in liquidation of any Just debt for board or clothing which he may have contracted prior to engagement. (d) No allotment note shall be valid unless signed by and approved by the shipi)ing commissioner. It shall be the duty of said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allotment of any ])art of the wages of a seaman during his absence which are made at the commencement of the voyage shall be inserted in the agreement, and shall state the amounts and times of the payments to be made and the persons to whom the payments are to be made. (e) No allotment except as provided for in this sec- tion shall be lawful. Any person who shall falsely claim to be such relation as above described of a seaman under this section or shall make a false statement of the nature or amount of any debt claimed to be due from any seaman under this section shall for every such offense be punish- able by a fine not exceeding five hundie^l dollars or imjjris- onment not exceeding six months, at the discretion of the court. (f) This section shall apply as well to foreign vessels as to vessels of the United States; and any master, owner, consignee, or agent of any foreign vessel who has violated its provisions shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for a similar violation : Provided, That treaties in force between the United States and foreign nations do not conflict. 74 PART V. MERCHANT SEAMEN. (g) Uuder the direction of the Secretary of the Treas- ury the Commissioner of Navigation shall make regula- tions to carry out this section. [This section shall not apply to fishing or whaling vessels or yachts — Dec. 21, 1898, Sec. 2G.] 95. Wages and clothing exempt from attachment. R.s.,4536. Ko wages due or accruing to any seaman or apprentice shall be subject to attachment or arrestment from any court; and every payment of wages to a seaman or appren- tice shall be valid in law, notwithstanding any previous sale or assignment of wages, or of any attachment, incum- brance, or arrestment thereon; and no assignment or sale of wages, or of salvage, made prior to the accruing thereof, shall bind the party making the same, except such advance securities as are authorized by this Title [R. S., 4501-4613]. Feb. 18, 1895. The clothiug of any seaman shall be exempt from attach- ment, and any person who shall detain such clothing when demanded by the owner shall be liable to a penalty of not exceeding one hundred dollars. R.s.,4537. • No sum exceeding one dollar shall be recoverable from any seaman, by any one person, for any debt contracted during the time such seaman shall actually belong to any vessel, until the voyage for which such seaman engaged shall be ended. 96. Desertion of seamen abroad. R.s.,4600. It shall be the duty of all consular officers to reclaim ■Tune 26, 1884. descrtcrs, disconntenance insubordination by every means' Dec. 21, 1898. j^ their power, and, where the local authorities can be use- Sec.2i. fully eini)loyed for that purpose, to lend their aid and use their exertions to that end in the most ettectnal manner. In all cases where seamen or oflicers are accused the con- sular officer shall inquire into the facts and proceed as pro- vided in section forty-five hundred and eighty-three of the Revised Statntes; and the ofticer discharging such seamen shall enter upon the crew list and shipping articles and official log the cause of discharge and the particulars in which the cruel or unusual treatment consisted, and sub- scribe his name thereto officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner. 97. Desertion of foreign seamen in the United States. ruS.,528u. On application of a consul or vice-consul of any foreign government having a treaty with the United States stipu- lating for the restoration of seamen deserting, made in writing, stating that the person therein named has deserted from a vessel of any such government, while in any port of the United States, and on proof by the exhibition of the register of the vessel, ship's roll, or other official document, that the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, PART V. MERCHANT SEAMEN. 75 judg:e, coiuniissionor of any circuit court, Justice, or other magistrate, lui\ iug competent i»o\ver, to issue warrants to cause such person to be arrested for examination. If, on examination, the facts stated are found to be true, the i)er- son arrested uot being a citizen of the United Statjes, shall be delivered up to the consul or vice consul, to be sent back to the dominions of any such government, or, on the recjuest and at the exi)ense of the consul or vice consul, shall be detained until the consul or vice consul finds an opportu- nity to send him back to the dominions of any such gov- ernment. No ])erson so arrested shall be detained more thaji two months after his arrest; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause. If any such deserter shall be found to have coTOmitted any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cognizable, shall have pronounced its sentence, and such sentence shall have been carried into efl'ect. 98. Arbitration before shipping-commissioner. Every shipping-commissioner shall hear and decide any K.s.,4554. question whatsoever between a master, consignee, agent, or owner, and any of his crew, which both parties agree in writing to submit to him ; and every award so made by him shall be binding on both i)arties, and shall, in any legal l^roceedings which nuxy be taken in the matter, before any court of justice, be deemed to be conclusive as to the rights of parties. And any document under the hand and olticial seal of a commissioner purporting to be such submission or award, shall be prima-facie evidence thereof. In any proceeding relating to the wages, claims, or dis- k. s.,4555. charge of a seaman, carried on before any ship])ing com- missioner, under the provisions of this Title [li. S., 4501- 4013], such shi[)ping commissioner may call upon the ownei", or his agent, or upon the master, or any mate, or any other member of the crew, to i)rodnce any log books, papers, or other documents in their possession or power, respectively, relating to any matter in qnestion in such procee(lings, and may call before him and examine any of such persons, being then at or near the place, on any such matter; and every owner, agent, master, mate, or other member of the crew who, when called upon by the shi})ping commissioner, does not produce any such books, papers, or documents, if in his ]>ossession or j^ower, or does not api)ear and give evidence, shall, unless he shows some reasonable cause for such a default, be liable to a penalty of not more than one hundred dollars for each offense; and, on application made by the 8hipi)ing-commissioner, shall be further punished, in the discretion of the court, as in other cases of contempt of the process of the court. 99. Soliciting lodgers. If, within twenty-four hours after the arrival of any ves- k.s.,4607. sel at any port in the United States, any person, then being 76 PART V. MERCHANT SEAMEN. on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of sncli vessel any etl'eets of any seaman, except under his personal direction, and with the perndssion of the n)aster, he shall, for every such offense, be punishable by a fine of not more than fifty dollars, or by imprisonment for not more than three months. R. S., 4577. May 28, 189C. Feb. 9, 1899. R. S., 4578. June 26, 1884. Sec. 9. June 19, 1886. Sec. 18. June 26, 1884. Sec. 9. June 19, 1886. Sec. 18. Pv. S., 4579. 100. Return of seamen from foreign ports and Alaska. It shall be the duty of the consuls, vice consuls, commer- cial agents, and vice commercial agents, from time to time, to provide for the seamen of the United States, who may be found destitute within tlieir districts, respectively, suf- ficient subsistence and i)assages to some port in the United States, in the most reasonable manner, at the expense of the United States, subject to such instructions as the Sec- retary of State shall give. The seamen shall, if able, be bound to do duty on board the vessels in which they may be transported, according to their several abilities. Relief and protection of American seamen in foreign countries and shipwrecked American seamen in the Terri- tory of Alaska, thirty thousand dollars, or so much thereof as may be necessary. All masters of vessels of the United States, and bound to some port of the same, are required to take such desti- tute seamen on board their vessels, at the request of con- sular officers, and to transport them to the port in the United States to which such vessel may be bound, on such terms, not exceeding ten dollars for each i^erson for voy- ages of not more than tliirty days, and not exceeding twenty dollars for each person for longer voyages, as may be agreed between the master and the consular officer, when the transportation is by a sailing vessel; and the regular steerage passenger rate not to exceed two cents per mile when the transportation is by steamer; and said consular officer shall issue certificates for such transporta- tion, which certificates shall be assignable for collection. If any such destitute seaman is so disabled or ill as to be unable to perform duty, the consular officer shall so certify in the certificate of transportation, and such additional compensation shall be paid as the Comptroller of the Treasury shall deem proper. Every such master who refuses to receive and transport such seamen on the request or order of such consular officer shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused. The certificate of any such consular officer, given under his hand and official seal, shall be presumptive evidence of such refusal in any court of law having juris- diction for the recovery of the penalty. No master of any vessel shall, however, be obliged to take a greater number than one man to every one hundred tons burden of the vessel on any one voyage, or to take any seaman having a contagious disease. Whenever distressed seamen of the United States are transported from foreign ports where there is no consular PART V. MERCHANT SEAMEN. 77 officer of the Unitecl States, to ports of the Tiiited States, there shall be alh)^Ye(l to the master or owner of each vessel, ill wliich tliey are transported, such reasonable compensa- tion, in addition to the allowance now fixed by law, as shall be deemed e(|uitable by the Comptroller of the Treasury. 101. Effects of deceased seamen. Whenever any seaman or apprentice belonging to or sent k s., 4538. home on any merchant vessel, whether a foreign-going or domestic vessel, employed on a voyage which is to termi- nate in the United States, dies during such voyage, the master shall take charge of all moneys, clothes, and effects which he leaves on board, and shall, if he thinks tit, cause all or any of such clothes and effects to be sold by auction at the mast or other public auction, and shall thereupon sign an entry in the otlicial log book, and cause it to be attested by the mate and one of the crew, containing the following particulars: First. A statement of the amount of money so left by the deceased. Second. In case of a sale, a description of each article sold, and the sum received for each. Third. A statement of the sum due to deceased as wages, and the total amount of deductions, if any, to be made therefrom. In cases embraced by the preceding section, the following R- s., 4539 rules shall be observed : First. If the vessel proceeds at once to any port in the United States, the master shall, within forty-eight hours after his arrival, deliver any such effects remaining unsold, and pay any money which he has taken charge of, or "eceived from such sale, and the balance of wages due to the deceased, to the shipping commissioner at the port of destination in the United States. Second. If the vessel touches and remains at some foreign port before coming to any port in the United States, the master shall report the case to the United States consulai' officer there, and shall give to such officer any information he requires as to the destination of the vessel and probable length of the voyage; and such officer may, if he considers it expedient so to do, require the effects, money, and wages to be delivered and paid to him, and shall, upon suchdelivery and payment, give to the master a receipt; and the master shall within forty-eight hours after his arrival at his port of destination in the United States produce the same to the shi[)ping commissioner there. Such consular officer shall, in any such case, indorse and certify upon the agreement with the crew the particulars with respect to such delivery and payment. Third. If the consular ofifi(^er does not require such pay- ment and delivery to be made to him, the master shall take charge of the effects, money, and wages, and shall, within forty eight hours after his arrival at his port of destination in the United States, deliver and jjay the same to the ship- ping-commissioner there. 78 PART V. MERCHANT SEAMEN. Fourth. The master shall, in all cases in which any sea- man or apprentice dies during^ the voyage or engagement, give to such officer or shipping commissioner an account, in sucli form as they may respectively require, of the effects, money, and wages so to be delivered and paid; and no deductions claimed in such account shall be allowed unless verified by an entry in the official log-book, if there be any; and by such other vouchers, if any, as may be reasonably required by the officer or shipping-commissioner to whom the account is rendered. Fifth. Upon due compliance with such of the provisions of this section as relate to acts to be done at the port of destination in the United States, the shipping-commissioner shall grant to the master a certificate to that effect. No officer of customs shall clear any foreign- going vessel with- out the production of such certificate. K. s.,45 Whenever any master fails to take such charge of the money or other effects of a seaman or apprentice during a voyage, or to make such entries in respect thereof, or to procure such attestation to such entries, or to make such payment or delivery of any money, wages, or effects of any seaman or apprentice dying during a voyage, or to give such account in respect thereof as is above directed, he shall be accountable for the money, wages, and effects of the seaman or apprentice to the circuit court in whose juris- diction such port of destination is situate, and shall pay and deliver tlie same accordingly; and he shall, in addition, for every sucli offense, be liable to a penalty of not more than treble the value of the money or effects, or, if such value is not ascertained, not more than two hundred dol- lars; and if any such money, wages, or effects are not duly paid, delivered, and accounted for by the master, the owner of the vessel shall pay, deliver, and account for the same, and such money and wages and the value of such effects shall be recoverable from, him accordingly; and if he fails to account for and pay the same, he shall, in addition to his liability for the money and value, be liable to the same I)enalty which is incurred by the master for a like offense; and all money, wages, and effects of any seaman or appren- tice dying during a voyage shall be recoverable in the courts and by the modes of proceeding by which seamen are enabled to recover wages due to them. E.s.,4541. Whenever any such seaman or apprentice dies at any Mar. 3, 1897 placc out of the United States, leaving any money or effects Sec. 4. ^^^J^ Q^ board of his vessel, the consular officer of the United States at or nearest the place shall claim and take charge of such money and effects, and shall, if he thinks fit, sell all or any of such effects, or any effects of any deceased seaman or apprentice delivered to him under the provisions of this Title |R. S., 4501-4013], and shall quarterly remit to the circuit court for the circuit embracing the port from which such vessel sailed, or the port where the voyage terminates, all moneys belonging to or arising from the sale of the effects or paid as the wages of any deceased seamen or apprentices which have <;(>me to his hands; and shall render such accounts thereof as the circuit court requires. PART V. MERCHANT SEAMEN. 79 Whenever any seaman or apprentice dies in the United i-s.,4542. States, and is, at the time of his death, entitled to claim from the master or owner of any vessel in which he has served, any nnpaid wages or effects, such master or owner shall pay and deliver, or account for the same, to the ship- piug-connnissioner at the i)ort where the seaman or appren- tice was discharged, or was to have been discharged, or where he died. Mar. 3, 1897. S«c. 6. Every shipping-commissioner in the United States shall, i' s..454:j within one week from the date of receiving any such money, wages, or effects of any deceased seaman or apprentice, pay, remit, or deliver to the circuit court of the circuit in which he resides, the money, wages, or effects, subject to such deductions as may be allowed by the circuit court for expenses incurred in respect to such money and effects; and should any commissioner fail to pay, remit, and deliver the same to the circuit court, within the time liereinbefore mentioned, he shall incur a penalty of not more than treble the value of such money and effects. If the money and effects of any seaman or apprentice paid, ^^- s-,4544 remitted, or delivered to the circuit court, including the moneys received for any part of his effects which have been sold, either before delivery to the circuit court, or by its directions, do not exceed in value the sum of three hundred dollars, then, subject to the provisions hereinafter con- tained, and to all such deductions for expenses incurred in respect to the seaman or apprentice, or of his money and effects, as the said court thinks fit to allow, the court may l)ay and deliver the said money and effects to any claimants who can i)rove themselves either to be his widow or chil- dren, or to be entitled to the effects of the deceased under his will, or under any statute, or at common law, or to be entitled to i)rocure i)robate, or take out letters of adminis- tration or confirmation, although no probate or letters of administration or confirmation have been taken out, and shall be thereby discharged from all further liability in resi>ect of the money and effects so ])aid and delivered; or may, if it thinks fit so to do, require probate, or letters of administration or confirmation, to be taken out, and there- upon pay and deliver the said money and effects to the legal personal representatives of the deceased ; and if such money and effects exceed in value the sum of three hundred dollars, then, subject to deduction for ex])enses, the court shall pay and deliver the same to the legal personal repre- sentatives of the deceased. A circuit court, in its discretion, may at any time direct k s.,4545. the sale of the whole or any part of the effects of a deceased g^'^"".^' ^*^^" seaman or ai)prentice, which it has received or may hereafter receive, and shall hold the proceeds of such sale as the wages of deceased seamen are held. When no claim to the wages or effects or proceeds of the sale of the effects of a deceased seaman or apprentice, received by a circuit court, is substantiated within six years after the receipt thereof by the court, it shall be in the absolute discretion of the court, if any subsequent claim is made, either to allow or refuse 80 PART V. MERCHANT SEAMEN. the same. Such courts shall, froDi time to time, pay any moneys arising from the unclaimed wages and effects of deceased seamen, which in their opinion it is not iiecessary to retain for the pur])ose of satisfying claims, into the Treasury of the United States, and such moneys shall form a fund for, and be appropriated to, the relief of sick and disabled and destitute seamen belonging to the United States merchant marine service. 102. Offenses and punishments. -R. s., 4596. The words "domestic trade" in this section shall include Dec. 21, 1898. ^^.^dc bctwccn ports of the United States and trade between ports of the United States and the Dominion of Canada, Newfoundland, the West Indies, and Mexico. The words "foreign trade" shall include trade between ports of the United States and foreign ports, except as above specified, and trade between Atlantic and Pacific ports of the United States, Whenever any seaman who has been lawfully en- gaged or any apprentice to the sea service commits any of the following offenses he shall be punishable as follows: First. For desertion, if the offense occur at a port of the United States, or a foreign port in the domestic trade, by for- feiture of all or any jjart of the clothes or effects he leaves on board and of all or any part of the wages or emoluments which he has then earned. If the offense occur at a foreign port in the foreign trade, by forfeiture of all or any i)art of the clothes or eti'ects he leaves on board and of all or any part of the wages or emoluments which he has then earned; and also, at the discretion of the court, by imprisonment for not more than one month. Second. For neglecting or refusing, without reasonable cause, to Join his vessel or to proceed to sea iu his vessel, or for absence without leave at any time within twent}'- four hours of tlie vessel's sailing from any port, either at the conimeitcement or during the progress of any voyage, or for absence at any time without leave and without suf- ficient reason from his vessel or from his duty, not amount- ing to desertion or not treated as such by the master, if the offense occur at a port of the United States or a foreign port iu the domestic trade, by a forfeiture from his wages of not more than two days' pay, or sufficient to defray any expenses which have been properly incurred in hiring a substitute; or if the offense occur at a foreign port, in the foreign trade, by a forfeiture from his wages of not more than two days' pay, or, at the discretion of the court, by imprisonment for not more than one month. Third. For quitting the vessel, in whatever trade en- gaged, at a foreign or domestic port, without leave after her arrival at her port of delivery and before she is placed in security, by forfeiture from his wages of not more than one month's pay. Fourth. For willful disobedience to any lawful command at sea, by being, at the oi)tion of the master, placed in irons until such disobedience shall <'ease, and upon arrival in x)ort, if of the United States, by iorfeiture from his wages PAKT V. MERCHANT SEAMEN. 81 of not more than four days' pay, or upon arri\al in a for- eign port by forfeiture from his waj^es of not more tlian four days' pay, or, at the discretion of the court, by impris- onment for not more than one month. Fifth. For continued willl'ul disobedience to lawful com- mand or continued willful neglect of duty at sea by being, at the option of the master, placed in irons, on bread and water, with full rations every tifth day, until such disobedi- ence shall cease, and ui)()n arrival in port, if of the United States, by forfeiture, for every twenty-four hours' contin- uance of such disobedience or neglect, of either a sum of not more than twelve days' pay or sutticient to defray any expenses which have been properly incurred in hirini;- a substitute, or ui)on arrival in a foreign port, in addition to the above penalty, by imprisonment for not more than three months, at the discretion of the court. Sixth. For assaulting any master or mate, in whatever trade engaged, by imprisonment for not more than two years. Seventh. For willfully damaging the vessel, or embez- zling or willfully damaging any of the stores or cargo, in whatever trade engaged, by forfeiture out of his wages of a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment for not more than twelve months. Eighth. For any act of smuggling for which he is con- victed, and whereby loss or damage is occasioned to the master or owner, in whatever trade engaged, he shall be liable to pay such master or owner such a sum as is suffi- cient to reimburse the master or owner for such loss or damage; and the whole or any part of his wages may be retained in satisfaction or on account of such liability; and he shall be liable to imi)risonment for a i)eriod of not more than twelve months. Upon the commission of any of the offenses enumerated Ks.,4597. in the preceding section an entry thereof shall be made in i^ec- 21, isos. the official log book on the day on which the offense was ^^''•^°- committed, and shall be signed by the master and by the mate or one of the crew; and the offender, if still in the vessel, shall, before her next arrival at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of such entry, and have the same read over distinctly and audibly to him, and may thereupon make such a reply thereto as he thinks fit; and a state- ment that a copy of the entry has been so furnished, or the same has been so read over, together with his rejdy, if any, made by the offender, shall likewise be entered and signed in the same manner. In any subsequent legal pro- ceedings the entries hereinbefore required shall, if i)racti- cable, be produced or proved, and in default of such pro- duction or proof the court hearing the case may, at its discretion, refuse to receive evidence of the offense. All clothes, effects, and wages which, under the ])rovi- i^s., 4604. sions of this Title [R. S., 4.j()l-4()loj, are forfeited for deser- tion, shall be applied, in the first instance, in payment of NAV 99, PT 2 6 82 PART V. MERCHANT SEAMEN. the expenses occasioned by such desertion, to the master or owner of the vessel from which the desertion has taken place, and the balance, if any, shall be paid by the master or owner to any shipping commissioner resident at the j^ort at wliich the voyage of such vessel terminates; and the shipping-commissioner shall account for and pay over such balance to the Judge of the circuit court within one month after the commissioner receives the same, to be disposed of by him in the same manner as is prescribed for the dis- posal of the money, effects, and wages of deceased sea- men. Whenever any master or owner neglects or refuses to pay over to the shipping-commissioner such balance, he shall be liable to a penalty of double the amount thereof, recoverable by the commissioner in the same manner that seamen's wages are recovered. In all other cases of for- feiture of wages, the forfeiture shall be for the benefit of the master or owner by whom the wages are payable. R.s.,4602. Any master of, or any seaman or apprentice belonging to, any merchant vessel, who, by willful breach of duty, or by reason of drunkenness, does any act tending to the immediate loss or destruction of, or serious damage to such vessel, or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel; or who, by willful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act j)roper and requisite to be done by him for preserving- such vessel from immediate loss, destruction, or serious damage, or for j)reserviug any person belonging to or on board of such ship from immediate danger to life or limb, shall, for every such offense, be deemed guilty of a misde- meanor, punishable by imprisonment for not more than twelve months. R. s., 4608. No seaman in the merchant- service shall wear any sheath- knife on shipboard. It shall be the duty of the master of any vessel registered, enrolled, or licensed under the laws of the United States, and of the person entering into contract for the employment of a seaman upon any such vessel, to inform every ijerson offering to ship himself of the provisions of this section, and to require his compliance therewith, under a penalty of fifty dollars for each omission, to be sued for and recovered in the name of the United States, under the direction of the Secretary of the Treasury; one half for the benefit of the informer, and the other half for the benefit of the fund for the relief of sick and disabled seamen. 103. Corporal punishment prohibited. R.s.,4611. Flogging and all other forms of corporal punishment are Dec. 21, 1898. hereby prohibited on board any vessel, and no form of cor- sec.22. poral punishment on board any vessel shall be deemed justifiable, and any master or other officer thereof who shall violate the aforesaid provisions of this section or either thereof sliall be deemed guilty of a misdemeanor, punishable by imprisonment not less than three months or mpre than two years. Whenever any officer other than the PART V. MERCHANT SEAMEN. 83 master of such vessel shall violate any provision of this section, it shall be the duty of such master to surrender such officer to the proper authorities as soon as i)racti- cable. Any failure upon the part of such master to comply herewith, which faihive shall result in the escape of such officer, shall render said master liable in damages to the person illegally punished by such officer. 104. Procedure. All penalties and forfeitures imiiosed by this Title [E. S., k. s.,4gio. 4501-4613], for the recovery whereof no si)ecitic mode is hereinbefore provided, nuiy be recovered, with costs, in any circuit court of the United States, at the suit of any dis- trict attorney of the United States, or at the suit of any person by information to any district attorney in any ])ort of the United States, where or near to where the offense is committed or the offender is found; and if a conviction is had, and the sum imposed as a penalty by the court is not paid either immediately after the conviction, or within such period as the courr at the time of the conviction appoints, it shall be lawful for the court to commit the offender to prison, there to be imprisoned for the term hereinbefore provided in case of such offense, the commitment to be terminable upon payment of the amount and costs; and all penalties and forfeitures mentioned in this Title for which no special ai>plication is provided, shall, when recovered, be paid and applied in manner following: So much as the court shall determine, and the residue shall be i)aid to the court and be remitted from time to time, by order of the judge, to the Treasury of the United States, and appro- priated as provided for in section forty-tive hundred aiid forty-tive: Frovidcd ahcays, That it shall be lawful for the court before which any x>roceeding shall be instituted for the recovery of any pecuniary penalty imposed by this act, to mitigate or reduce such penalty as to such court shall appear just and reasonable; but no such ])eualty shall be reduced to less than one-third of its original amount: Pro- vided also, That all proceedings so to be instituted shall be commenced within two years next after the commission of the offense, if the same shall have been committed at or beyond the Cape of Good Hope or Cai)e Horn, or within one year if committed elsewhere, or within two months after the return of the offender and the complaining party to the United States; and there shall be no appeal from any deci- sion of any of the circuit courts, unless the amount sued for exceeds the sum of live hundred dollars. Table A. 105. Form of articles of agreement. United States of America. (Date and i)lace of first signature of agreement, including name of shipijing-office.) It is agreed between the master and seamen or mariners of the , of which is at present 84 PART V. MERCHANT SEAMEN. master, or whoever sball go for master, now bound from the port of , . to , , (here the voyage is to be described, and tlie places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stilted.) And tlie sai> h o JB OS 1 o 00 a S © w © Is u o In o 6 a o 5 o a a u a o o a i o B a Is '3 03 Ph US O a-^ aS 82 t a Ph 4^ at 3 3 02 t; 3 6 4^ ID o5 « ut if this is not made to appear, and such court, judge, or commissioner finds, upon the papers hereinbefore referred to, a sufficient prima- facie case that the matter concerns only the internal order and discipline of such foreign vessel, or, whether in its nature civil or criminal, does not affect directly the execu- tion of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forth- with, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or, in his discretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control, and discipline of such master 90 PART V. MERCHANT SEAMEN. or chief officer, and to the jurisdictiou of the consular or commercial authority of the nation to which such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the United States or any State thereof. Ko person shall be detained more than two months after his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the detention of the person so arrested shall be paid by the consular officer making the application. E.s.,728. Ti^e district and circuit courts, and the commissioners May 28,1896. of ^j^g district courts, shall have power to carry into effect, according to the true intent and meaning thereof, the award, or arbitration, or decree of any consul, vice-consul, or com- mercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, vice- consul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose inter- ests are committed to his charge, application for the exercise of such power being first made to such court or commissioner by petition of such consul, vice consul, or commercial agent. And said courts and commissioners may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto, by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice-consul, or commercial agent, or his successor in office, or by the authority of the foreign gov- ernment appointing such consul, vice-consul, or commercial agent: Provided, hoicever, That the expenses of the said imprisonment, and maintenance of the prisoners, and the cost of the proceedings, shall be borne by such foreign government, or by its consul, vice-consul, or commercial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and commissioners. 111. Seamen's witness fees. R.s.,851. There shall be paid to each seaman or other pervson who is sent to the United States from any foreign port, sta- tion, sea, or ocean, by any United States minister, charge d'affaires, consul, captain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensation, exclusive of subsistence and transportation, as such court may adjudge to be proper, not exceeding one dollar for each day necessarily employed in such voyage, and in anivingat the place of examination or trial. In fixing such coni[)ensation, the court shall take into consideration the condition of said seaman or witness, PART V. — MERCHANT SEAMEN. 91 aud whether his voyage has been brokeu up, to his injury, by his being sent to the United States. When such sea- man or person is transported in an armed vessel of the United States no charge for subsistence or trans})ortation shall be allowed. Wlien he is transported in any other vessel, the compensation for his trans])ortation and sub- sistence, not exceeding in any case fifty cents a day, may be fixed by the court, aud shall be paid to the captaiu of said vessel accordingly. Part VI.— SEAWORTHINESS, SUPPLIES, LOG-BOOK. 112. Unseaworthy vessels. 113. Inspection of hulls. 114. luspection of seaworthiness at do- mestic ports. 115. Inspection of seaworthiness at for- eign ports. 116. Provisions and water. 117. Weights and measures. 118. Medicines and anti-srorbutics. 119. Slop-chest. 120. Warmth in cold weather. 121. Loff-book. Dec. 21, 1898. Sec. 11. 112. Unseaworthy vessels. If any person knowingly sends or attempts to send or is party to the sending or attempting to send an American ship to sea, in the foreign or coastwise trade, in such an unseaworthy state that the life of any person is likely to be thereby endangered, he shall, in respect of each oftense, be guilty of a misdemeanor, and shall be punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed live years, or both, at the discretion of the court, unless he proves that eitlier he used all reasonable means to insure her being sent to sea in a seaworthy state, or that her going to sea in an unseaworthy state was, under the circumstances, reasonable and justifiable, and for tlie pur- poses of giving that proof he may give evidence in the same manner as any other witness. [This section shall not apply to fishing or whaling vessels or yachts, Dec. 21, 1898, Sec. 2G.1 E. S., 4417. Dec. 21, 1898. Sec. 4. 92 113. Inspection of hulls. The local inspectors [of steam vessels] shall, once in every year, at least, upon api)lication in writing of the master or owner, carefully inspect the hull of each steam- vessel within their respective districts, and shall satisfy themselves that every such vessel so submitted to their inspection is of a structure suitable for the service in which she is to be employed, has suitable accommodations for passengers and the crew, and is in a condition to warrant the belief that she may be used in navigation as a steamer, with safety to life, and that all the requirements of law in regard to fires, boats, pumps, hose, life-preservers, floats, anchors, cables, and other things, are faithfully complied with ; and if they deem it expedient, they may direct the vessel to be ])ut in motion, and may adopt any other suitable means to test her sufficiency and that of her equipment. The local inspectors [of steam vessels] shall, once in every year, at least, or upon application in writing of the master or owner, carefully inspect the hull of each sail vessel of PART VI. SEAWORTHINESS, SUPPLIES, LOG-BOOK. 93 over seven hundred tons and all other vessels and l)arges of over one hundred tons burden carryin<>' ])as.senj:ers for hire within their respective districts, and shall satisfy them- selves that every such vessel so submitted to their ins[)ec- tion is of a structure suitable for the service in which slie is to be employed, has suitable acconmuxlations for the crew, and is in a condition to warrant the belief that slie may be used in navigation with safety to life. 114. Inspection of seaworthiness at domestic ports. If the first and second officers under the master or a ks., 455c. majority of the crew of any vessel bound on any voyage i;>«c. 21, i898. shall, before the vessel shall have left the harbor, discover ^^^'"^ that the vessel is tooleaky or is otherwise unlit in her crew, body, tackle, apparel, furniture, ])rovisions, or stores to pro- ceed on the intended voyage, and shall require such uufit- uess to be inquired into, the master shall, upon the request of the first and second officers under the master or such majority of the crew, forthwith apply to the judge of the district court of that judicial district, if he shall there reside, or if not, to some justice of the i^eace of the city, town, or I^lace for the appointment of surveyors, as in section forty- live hundred and fift}'- seven provided, taking with him two or more of the crew who shall have made such request; and any master refusing or neglecting to comply with these provisions shall be liable to a penalty of five hundred dol- lars. [This section shall not apply to fishing or whaling \essels or yachts— Dec. 21, 1898, Sec. 26.J The judge, or justice, in a domestic port, shall, upon such r. s., 4557. application of the master or commander, issue his ])recept, Dec.21, i898. directed to three persons in the neighborhood, the most ^^^-^ experienced and skillful in maritime affairs that can be pro- cured ; and whenever such complaint is about the provisions one of such surveyors shall be a physician or a surgeon of the Marine Hospital Service, if such service is established at the place where the complaint is made. It shall be the duty of such survcycirs to repair on board such vessel and to examine the same in respect to the defects and insufli ciencies complained of, and make reports to the judge, or justice, as the case may be, in writing, under their hands or the hands of two of them, whether in any or in what respect the vessel is unfit to proceed on the intended voy- age, and what addition of men, provisions, or stores, or what repairs or alterations in the body, tackle, or apparel will be necessary; and upon such rei)ort the judge or justice shall adjudge and shall indorse on his report his judgment whether the vessel is fit to proceed on the intended voyage, and, if not, whether such repairs can be made or deticieu cies supplied where the vessel then lies, or whether it is necessary for her to i)roceed to the nearest or most conveni- ent place where such supplies can be made or deficiencies sup])lied; and the master and tlie crew shall, in all things, conform to the judgment. The master or commander shall, in the first instance, ])ay all the costs of such review, report, or judgment, to be taxed and allowed on a fair copy thereof, 94 PART YI. SEAWORTHINESS, SUPPLIES, LOG-BOOK. certified by the judge or justice. But if the complaint of the crew shall a])pear upon the report and judgment to have been without foundation, the master or commander, or the owner or consignee of such vessel, shall deduct the amount thereof, and of reasonable damages for the detention, to be ascertained by the judge or justice, out of the wages of the complaining seamen. [This section shall not apply to fish- ing or whaling vessels or yachts — Dec. 21, 1898, Sec. 2(5.] E. s., 4558. if^ after judgment that such vessel is fit to proceed on her Dec. 21, 1898. intended voyage, or after procuring such men, provisions, '^^'^' stores, repairs, or alterations as may be directed, the sea- men, or either of them, shall refuse to proceed on the voyage, he shall forfeit any wages that may be due him. [This sec- tion shall not api)ly to fishing or whaling vessels or yachts — Dec. 21, 1898, Sec. 26.] 115. Inspection of seaworthiness in foreign ports. R. s.,4559. Upon a complaint in writing, signed by the first or second s^t^w"^^^^ officer and a majority of the crew of any vessel while in a foreign port, that such vessel is in an unsuitable condition to go to sea because she is leaky or insufficiently supplied with sails, rigging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provisions, stores, and supplies are not, or have not been during the voyage, sufficient and wholesome; thereu])on, in any of these or like cases, the consul, or a commercial agent who may discharge any duties of a consul, shall cause to be appointed three persons, of like qualifications with those described in section forty-five hundred and fifty-seven, who shall proceed to examine into the causes of complaint, and they shall be governed in all their proceedings and proceed as provided in section forty-five hundred and fifty-seven. [This section shall not apply to fishing or whaling vessels or yachts— Dec. 21, 1898, Sec. 2(3.] R.s.,4560. The inspectors appointed by any consul or commercial agent, in pursuance of the preceding section, shall have full i^ower to examine the vessel and whatever is aboard of her, so far as is pertinent to their inquiry, and also to hear and receive any other proofs which the ends of justice may require; and if, upon a view of the whole proceedings, the consul or other commercial agent is satisfied therewith, he may approve the whole or any part of the report, and shall certify such approval; or if he dissents, he shall certify his reasons for dissenting. K. s., 4561. The inspectors in their report shall also state whether in juDe 26, 1884. ^jjgjj. opiniou thc vessel was sent to sea unsuitably provided m any important or essential particular, by neglect or design, or through mistake or accident; and in case it was by neglect or design, and the consular officer approves of such finding, he shall discharge such of the crew as request it, and shall require the payment by the master of one month's wages for each seaman over and above the wages then due, or sufficient money for the return of such of the crew as desire to be discharged to the nearest and most Dec. 21, 1898 Sec. 11 PART VI. SEAWORTHINESS, SUPPLIES, LOG-BOOK. 95 convenient port of tbe United States, or by fnrnisliing tbe seamen wlio so desire to be discharged with eini)h)yiiient on a shi]) a<;reed to by them. But if in the opinion of the inspectors the defects or deficiencies found to exist have been the result of mistake or accident, ani)erty whatever, on the same voy- age, and the whole \aliie of the vessel, and her freight for the voyage, is not suflicient to make compensation to each of them, they shall receive compensation from the owner of the vessel, in proportion to their respective losses; and for that purpose the freighters and owners of the prop- erty, and the owner of the vessel, or any of them, may take the appropriate proceedings in any court, for the purpose of apportioning the sum for which the owner of the vessel may be liable among the i)arties entitled thereto. It shall be deemed a sufficient compliance on the part of "^ s.,4285 such owner with the requirements of this Title [K. S., 4131-4305] relating to his liability for any embezzlement, loss, or destruction of any property, goods, or merchan- dise, if he shall transfer his interest in such vessel and freight, for the benefit of such claimants, to a trustee, to be apj)ointed by any court of competent jurisdiction, to act as such trustee for the person who may prove to be legally entitled thereto; from and after which transfer all claims and proceedings against the owner shall cease. The charterer of any vessel, in case he shall man, vict- R. s.,4286. ual, and navigate such vessel at his own expense, or by his own procurement, shall be deemed the owner of such vessel within the meaning of the provisions of this Title [R. S., 4131-4305] relating to the limitation of the liability of the owners of vessels; and such vessel, when so char- tered, shall be liable in the same manner as if navigated by the owner thereof. Nothing in the five preceding sections shall be con- k.s,4287. strued to take away or atfect the remedy to which any party may be entitled, against the master, officers, or sea- men, for or on account of any embezzlement, injury, loss, or destruction of merchandise, or property, put on board any vessel, or on account of any negligence, fraud, or other malversation of such master, officers, or seamen, respec- tively, nor to lessen or take away any responsibility to which any master or seaman of any vessel may by law be liable, notwithstanding such master or seaman may be an owner or part owner of the vessel. Any person shipping oil of vitriol, unslacked lime, inflam- j. s., 4288. mable matches, or gunpowder, in a vessel taking cargo for divers persons on freight, without delivering, at the time of shipment, a note in writing, expressing the nature and character of such merchandise, to the master, mate, officer, or" person in charge of the lading of the vessel, shall be liable to the United States in a penalty of one thousand dollars. The individual liability of a ship-owner, shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole; and tiio aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessel and .lull (■ lit. 188fi. Si-c. 4. Jim I' 20, \38i. Src. 18. 102 PART VII. LIABILITY OF OWNERS, MASTERS, AND SHIPPERS. freight pending: Provided, That this provision shall not affect the liability of any owner incurred previous to the passage of this act, nor prevent any claimant from joining all the owners in one action; nor shall the same apply to wages due to persons employed by said ship owners. R.s.,4289. The provisions of the seven preceding sections, and of Junei9,i886. scctiou eighteen of an act entitled "An act to remove cer- ^®*'-'*- tain burdens on the American merchant marine and encour- age the American foreign carrying-trade, and for other purposes," approved June twenty-sixth, eighteen hundred and eighty-four, relating to the limitations of the liability of the owners of vessels, shall apply to all sea-going vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canal-boats, barges, and lighters. 123. Act of Feb. 18, 1893. Feb. 13, 1893. It shall Hot be lawful for the manager, agent, master or Sec.i. owner of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to insert in any bill of lading or shipping document any clause, covenant, or agreement whereby it, he, or they shall be relieved from liability for loss or damage arising from negligence, fault, or failure in proper loading, stowage, custody, care, or proper delivery of any and all lawful mer- chandise or property committed to its or their charge. Any and all words or chiuses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect. Sec. 2. It shall not be lawful for any vessel transporting mer- chandise or property from or between ports of the United States of America and foreign ports, her owner, master, agent or manager to insert in any bill of lading or ship- ping document any covenant or agreement whereby the obligations of the owner or owners of said vessel to exer- cise due diligence, properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, ofiflcers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weak- ened, or avoided. Sec. 3. If the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied, neither the vessel, or owners, agent, or charterers shall become or be held responsible for damage or loss resulting from faults or errors in navi- gation or in the management of said vessel, nor shall the vessel, her owner or owners, charterers, agent, or master, be held liable for losses arising from dangers of the sea or other navigable waters, acts of God, or public enemies, or the inherent defect, quality, or vice of the thing carried, or from insufficiency of package, or seizure under legal PART YII. — LIABILITY OF OWNERS, MASTERS, AND SHIPPERS. 103 process, or for loss resulting from any act or omission of the shipi)er or owner of the goods, his agent or representa- tive, or from saving or attempting to save life or property at sea, or from any deviation in rendering such service. It shall be the duty of the owner or owners, masters, or f^";' *• agent of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to issue to shippers of any lawful merchandise a bill of lading, or shipping document, stating, among other things, the marks necessary for identification, number of packages, or (juantity, stating whether it be carrier's oi- shipper's weight, and apparent order or condition of such merchandise or property didivered to and received by the owner, master, or agent of the vessel for transportation, and such document shall be prima facie evidence of the receipt of the merchandise therein described. For a violation of any of the provisions of this act the Sec.5. agent, owner, or master of the vessel guilty of such viola- tion, and who refuses to issue on demand the bill of lading herein provided for, shall be liable to a fine not exceeding two thousand dollars. The amount of the fine and costs for such violation shall be a lien upon the vessel, whose agent, owner, or master is guilty of such violation, and such vessel may be libeled therefor in any district court of the United States, within whose jurisdiction the vessel may be found. One-half of such penalty shall go to the jDarty injured by such violation and the remainder to the Govern- ment of the United States. This act shall not be held to modify or repeal sections "^"^ ^• forty-two hundred and eighty-one, forty-two hundred and eighty-two, and forty-two hundred and eighty-three of the Eevised Statutes of the United States, or any other statute defining the liability of vessels, their owners, or represent- atives. Sections one and four of this act shall not apply to the s»«'- transportation of live animals. 124. General libel bond. When a warrant of arrest or other process in rem is R.s.,941. issued in any cause of admiralty jurisdiction, except in Mar.3,1899. cases of seizures for forfeiture under any law of the United States, the marshal shall stay the execution of such process, or discharge the property arrested if the process has been levied, on receiving from the claimant of the property a bond or stipulation in double the amount claimed by the libelant, with sufficient surety, to be approved by the judge of the court where the cause is pending, or, in his absence, by the collector of the port, conditioned to answer the decree of the court in su(;h cause. Such bond or stipula- tion shall be returned to the court, and judgment thereon, against both the principal and sureties, may be recovered at the time of rendering the decree in the original cause. And the owner of any vessel may cause to be executed and delivered to tlie marshal a bond or stipulation, with 104 PART VII. — LIABILITY OF OWNERS, MASTERS, AND SHIPPERS. sufficient surety, to be approved by the judge of the court iu wliicli lie is marshal, conditioned to answer the decree of said court iu all or any cases tbat shall thereafter be brought in said court against the said vessel, and there- upon the execution of all such process against said vessel shall be stayed so long as the amount secured by sucli bond or stipulation shall be at least double the aggregate amount claimed by the libelants in such suits which shall be begun and pending against said vessel; and like judgments and remedies may be had on said bond or stii)ulation as if a special bond or stipulation had been filed in each of said suits. The court may make such orders as may be neces- sary to carry this section into effect, and especially for the giving of proper notice of any such suit. Such bond or stipulation shall be indorsed by the clerk with a minute of the suits whereiu process is so stayed, and further security may at any time be required by the court. If a special bond or stipulatiou in the particular cause shall be given under this section, the liability as to said cause on the general bond or stipulation shall cease. Part VIIL— INSPECTION OF STP]AM VESSELS. 125. General provisions. 126. Inspection of rei>i8torod foreign- built vessels. 127. Manning ofsteaui passenger vessels. 128. Inspection of bulls and etiuipment. 129. Inspection of boilers. 130. Loading safety-valve. 131. Water-tight bulkbeads. 132. Life boats, lines, and preservers. 133. Stairways and deck room. 125. General provisions. 134. Wire tiller roi)C8. 135. Protection against iiic. 136. lullainniable or explosive cargo. 137. Carriage of passengers. 138. Certiticate of inspection. 139. Exhibit of laws. 140. Inspectors and officers of steam vessels. 141. Liability for damage. 142. Enforcement and penalty. R. S., 4399. Jan. IK, 1897 K. S.,4400. i^Iar. 1,1895. Every vessel propelled in whole or in part by steam shall be deemed a steam- vessel within the meaning of this Title |R. S., 4399-4500]. All steam-vessels navigating- any waters of the United States which are common highways of commerce, or open to general or competitive navigatiou, excepting public vessels of the United States, vessels of other countries, and boats propelled in whole or in part by steam for navigating canals, shall be subject to the provisions of this Title [R. S., 4399-4500]. And all foreign private steam-vessels carrying passengers -^"g '^' i882. from any port of the United States to any other place or country shall be subject to the provisions of section forty- four hundred and seventeen, forty-four hundred and eight- een, forty-four hundred and twenty one, forty-four hundred and twenty-two, forty-four hundred and twenty- three, forty- four hundred and twenty -four, forty- four hundred and seventy, forty-four hundred and seventy-one, forty-four hundred and seventy-two, forty-four hundred and seventy- three, forty-four hundred and seventy-nine, forty-four hun- dred and eighty-two, forty-four hundred and eighty-eight, forty-four hundred and eighty-nine, forty-four hundred and ninety-six, forty-four hundred and ninety-seven, forty four hundred and ninety-nine, and forty- live hundred of this title, and shall be liable to visitation and inspection by the proper officer, in any of the ports of the United States, respecting any of the provisions of the sections aforesaid. No license, register, or enrollment shall be granted, nor any other papers be issued by any collector or other chief officer of the customs to any vessel propelled in wiiole or in part by steam, until he shall have satisfactory evidence that all the provisions of this Title |R. S., 4399-4500] have been fully complied with. 105 U.S., 4498. 106 PART Vlir. INSPECTION OF STEAM VESSELS. K.s.,442c. The hull iiiul boilers of every ferry-boat, canal-boat, yacht, or other small craft of like character, i)ropelled by steam, shall be inspected under the provisions of this Title [R. S., 4399-4500]. Such other provisions of law for the better security of life, as maybe applicable to such vessels, shall, by the regulations of the board of sapervising- inspect- ors, also be required to be complied with, before a certifi- cate of inspection shall be granted; and no such vessels shall be navigated without a licensed engineer and a Dec. 22, 1800. Hceuscd pilot. In open steam-launches of ten tons burden and under, one person, if duly qualified, may serve in the ,Tune2o,i89o. f^Q^jjj]^ capacity of pi lot and engineer. Irondequoit Bay, New York, shall, for the purpose of applying the provisions of title fifty-two of the Revised Statutes [R. S., 4399-4500], relating to steam-vessels navigating thereon, be declared a navigable water of the United States; and steam-vessels navigated thereon, and carrying passengers, shall be inspected under the provisions of section forty-four hun- dred and twenty-six of the title [R. S., 4399-4500J referred to, and subject to the penalties provided therein for a fail- ure to comply therewith. Jan. 18, 1897. All vcssels of above fifteen tons burden, carrying freight or passengers for hire, propelled by gas, lluid, naphtha, or electric motors, shall be, and are hereby, made subject to all the provisions of section forty-four hundred and twenty- six of the Revised Statutes of the United States, relating to the inspection of hulls and boilers and requiring engineers and pilots; and all vessels so propelled, without regard to June?, 1897. tonnagc [or use,] shall be subject to the provisions [of section Sec. 5. forty-four hundred and twelve of the Revised Statutes of the United States, relating to the regulation of steam ves- sels in passing each other ; and to so much of sections forty- two hundred and thirty-three and forty-two hundred and thirty-four of the Revised Statutes, relating to lights, fog signals, steering, and sailing rules, as the Board of Super- vising Inspectors shall, by their regulations, deem appli- cable and j)racticable for their safe navigation.] R.s.,4427. The hull and boiler of every tug-boat, towiug-boat, and freight-boat shall be inspected, under the provisions of this Title [R. S., 4399-4500] ; and the inspectors shall see that the boilers, machinery, and appurtenances of such vessel are not dangerous in form or workmanship, and that the safety-valves, gauge-cocks, low-water alarm-indicators, steam-gauges, and fusible plugs are all attached in con- formity to law; and the officers navigating such vessels shall be licensed in conformity with the provisions of this Title, and shall be subject to the same provisions of law as officers navigating passenger- steamers. R. s., 4452. Whenever any board of local insj)ectors refuses to grant a license to any person applying for the same, or suspends or revokes the license of any master, mate, engineer, or pilot, any person deeming himself wronged by such refusal, sus- pension, or revocation, may, within thirty days thereof, on application to the supervising inspector of the district, have I'AKT VIII. INSPErTION OF STEAM VESSELS. 1 U7 his case examined anew by sucli supervising" inspector; and the local board shall fiunisli to the supervising' inai)ect()r, in writing, the reasons for its doings in the premises; and such supervising inspector shall examine the case anew, and he shall have tlie same powers to summon witnesses and compel their attendance, and to administer oaths, that are conferred on local inspectors; and such witnesses and the marshal shall be paid in the same manner as pro- vided for by the preceding section; and such supervising insi)ector may revoke, change, or modify the decision of such local board; and like proceedings may be had by any master or owner of any steam-vessel in relation to the inspec- tion of such vessel, or her boilers or machinery, by any such local board ; and in case of repairs, and in any investigation or inspection, where there shall be a disagreement between the local inspectors, the sui)ervising' inspector, when so requested, shall investigate and decide the case. In addition to the annual inspection, the local inspectors i; s., 4453. shall examine, at proper times, steamers arriving- and departing to and from their respective ports, so often as to enable them to detect any neglect to comply with the requirements of law, and also any defects or imperfections becoming api)arent after the inspection aforesaid, and tend- ing to render the navigation of the vessels unsafe; and if they shall discover any omission to comply with the law, or tliat repairs have become necessary to make the vessel safe, the inspectors shall at once notify the master, in writ- ing, stating in the notice what is required; and if the mas- ter deems the requirements unreasonable or unnecessary, he may apply for a re-examination of the case to the super- vising inspector, as provided in the preceding section. All inspections and orders for repairs sliall be promptly made by the inspectors, and, when it can be safely done in their judgment, they shall permit repairs to be made where those interested can most conveniently do them. If any master or owner of any steamer shall refuse or '- ^ 4454. neglect to comply with the requirements of the local inspectors, made in pursuance of the preceding section, and shall, contrary thereto and while the same remains unreversed by the supervising inspector, employ the vessel by navigating her, the master and owner shall be liable to a penalty of five hundred dollars for each offense, one-lialf for the use of the informer; for which sum tlie vessel itself shall be liable, and mayl)e seized and ])roceeded against by libel in any district court having jurisdiction; and the master and owner, and the vessel itself, shall, in addition thereto, be liable for any damage to i)assengers and their baggage which shall occur from any defects as stated in the notice prescribed in the preceding section. No kind of instrument, machine, or eciuipment, for tlie i;s.,j4'.a. better security of life, provided for by this Title [K. S., 4399-4500 J shall be used on any steam -vessel which shall not first be approved by the board of super\'ising inspect- ors, and also by the Secretary of the Treasury. 108 PART VIII. INSPECTION OF STEAM VESSELS. 126. Inspection of registered foreign-built vessels. Mar. 3, 1897. TliG Secretary of the Treasury be, and lie is hereby, autlior- sec.u. i2e(l to direct the inspection of any foreign vessel, admitted to American registry, its steam boilers, steam pipes, and appurtenances, and to direct the issue of the usual certiticate of inspection, whether said boilers, steam pipes, and appur- tenances are or are not constructed i)ursuant to the laws of the United States, or whether they are or are not constructed of iron stamped pursuant to said laws. The tests in the inspection of such boilers, steam pipes, and appurtenances shall be the same in all respects as to strength and safety as are required in the inspection of boilers constructed in the United States for marine purposes. 127. Manning of steam passenger vessels. K.s.,4463. ISTo steamer carrying passengers shall depart from any port unless she shall have in her service a full complement of licensed officers and full crew, sufficient at all times to manage the vessel, including the proper number of watch- men. But if any such vessel, on her voyage, is deprived of the services of any licensed officer, without the consent, fault, or collusion of the master, owner, or any person interested in the vessel, the deficiency may be temporarily supplied, until others licensed can be obtained. 128. Inspection of hulls and equipment. [See Seaworthiness, paragraph 113.] 129. Inspection of boilers. K.s.,4418, The local inspectors shall also inspect the boilers of all steam- vessels before the same shall be used, and once at least in every year thereafter. They shall subject all boilers to the hydrostatic pressure; and shall satisfy them- selves by thorough examination that the boilers are well made, of good and suitable material; that the openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of proper dimensions and free from obstruction; that the spaces between and around the fines are sufficient; that the flues are circular in form; that the fire line of the furnace is at least two inches below the prescribed minimum water-line of the boilers; that the arrangement for delivering the feed- water is such that the boilers cannot be injured thereby; and that such boilers and machinery, and the appurtenances, may be safely employed in the service proposed in the written application, without peril to life. They shall also satisfy themselves that the safety-valves are of suitable dimen- sions, sufficient in number, and well arranged; and that the weights of the safety-valves are properly adjusted, so as to allow no greater pressure in the boilers than the amount prescribed by the inspection certificate; that there is a sufficient number of gauge-cocks properly inserted, June 19, 1886. aud Suitable steam gauges to indicate the pressure of Sec. 14. steam ; and that there are reliable low-water gauges ; aud that the fusible metals are properly inserted so as to fuse by the heat of the furnace, whenever the water in the PART VIII. INSPECTION OF STEAM VESSELS. 109 boilers falls below its prescribed limits; and that adequate and certain provision is made for an ample sui)ply of water to feed the boilers at all times, whether such vessel is in motion or not, so that in hi<>li-pressure boilers the water shall not be less than four inches above the top of the Hues; and that means for blowing- out are provided, so as to thoroughly remove the mud and sediment from all parts of the boilers, when they are under pressure of steam. In subjecting- to the hydrostatic test boilers usually desig- nated and known as high-pressure boilers, the inspectors shall assume one hundred and ten pounds to the square inch, as the maximum pressure allowable as a working- l)ower for a new boiler of forty-two inches in diameter, made in the best manner, of inspected iron plates, one- fourth of an inch thick, and of a quality required by law, and shall rate the working-power of all high-pressure boilers, whether old or new, according to their strength, compared with this standard; and in all cases the test applied shall exceed the working-power allowed, in the ratio of one hundred and sixty-five to one hundred and ten. In subjecting to the hydrostatic tests boilers usually des- ignated and known as low-pressure boilers, the inspectors shall allow as a working-power for each new boiler a i^res- sure of only three-fourths the number of pounds to the square inch to which it has been subjected by the hydro- static test, and for which it has been found to be sufficient. Should the inspectors be of the opinion that any boiler, by reason of its construction or material, will not safely allow so high a working pressure as is above described, they may, for reasons to be stated specially in their certificate, fix the working pressure of such boiler at less than three- fourths of the test-pressure. All boilers used on steam- vessels and constructed of iron or steel plates, inspected under the provisions of section forty-four hundred and thirty, shall be subjected to a hydrostatic test, in the ratio of one hundred and fifty pounds to the square inch to one hundred pounds to the square inch of the working steam- power allowed. ISTo boiler or pipe, nor any of the (connec- tions therewith, shall be approved, which is made, in whole or in part, of bad material, or is unsafe in its form, or dangerous from defective workmanship, age, use, or other cause. In applying the directions of the preceding section [4418] jj. s.,4420. to steamboats used exclusively for towing and carrying freight on the Mississippi River and its tributaries, the local inspectors shall substitute, for such boats, one hun- dred and fifty pounds of steam pressure in place of one hundred and ten pounds for the standard pressure upon standard boilers of forty-two inches diameter, and of plates of one-quarter of an inch in thickness; and such boats may, on the written permit of the sa])ervising inspector of the district in which such boats shall carry on their business, be permitted to carry steam above the standard pressure of one hundred and ten pounds, but not exceeding the standard pressure of one hundred and fifty pounds, to the square inch. 110 PART VIII. INSPECTION OF STEAM VESSELS. E. s., 4419. Que of the safety-valves may, if in the opinion of the local inspectors it is necessary to do so, and the steam-registers shall, be taken wholly from the control of all persons engaged in navigating such vessels and secured by the inspectors. K.s.,4428. Every boiler manufactured to be used on steam- vessels, and made of iron or steel plates shall be constructed of plates that have been stamped in accordance with the provisions of this Title [R. S., 4399-4500]. K. s., 4429. Every person who constructs a boiler, or steam-pipe con- necting the boilers, to be used on steam- vessels, of iron or steel plates which have not been duly stamped and iuspected according to the provisions of this Title |R. S., 4399-4500], or who knowingly uses any defective, bad, or faulty iron or steel in the construction of such boilers; or who drifts any rivet-hole to make it come fair; or who delivers auy such boiler for use, knowing it to be imperfect in its Hues, flang- ing, riveting, bracing, or in any other of its parts, shall be fined one thousand dollars, one-half for the use of the informer. Nothiug in this Title shall be so construed as to prevent from beiug used, on auy steamer, any boiler or steam-generator which may not be constructed of riveted iron or steel plates, when the board of supervising inspect- ors have satisfactory evidence that such boiler or steam- generator is ecjual in strength, and as safe from explosion, as a boiler of the best quality constructed of riveted iron or Aug. 7, 1882. steel plates: l^rovided, however. That the Secretary of the Treasury may grant permission to use any boiler or steam- generator not constructed of riveted iron or steel plates upon the certificate of the supervising iu specter of steam- boats for the district wherein such boiler or generator is to be used, and other satisfactory proof that the use of the same is safe and efficient; said permit to be valid until the next regular meeting of the supervising inspectors who shall act thereon. K.s.,4430. Every iron or steel plate used in the construction of steamboat-boilers, and which shall be subject to a tensile strain, shall be inspected in such manner as shall be pre- scribed by the board of supervising inspectors and approved by the Secretary of the Treasury, so as to enable the inspectors to ascertain its tensile strength, homogeneous- ness, toughness, and ability to withstand the eilect of repeated heating and cooling; and no iron or steel plate shall be used in the construction of such boilers which has not been inspected and approved under those rules. jau. 22, 1895. Aud thc Supcrvisiug Inspector-General may, under the direction of the Secretary of the Treasury, detail assistant inspectors from any local inspection district where assist- ant inspectors are employed, to inspect iron or steel boiler plates at the mills where the same are manufactured; and if the plates are found in accordance with the rules of the supervising inspectors, the assistant inspector shall stamp the same Avith the initials of his name, followed by the letters and words, 'U. S. Assistant Inspector;' and mate- PART VIII. INSPECTION OF STEAM VESSELS. Ill rial so stamped shall be accepted by the local inspectors in the districts Avhere such material is to be manufactured into marine boilers as being in full compliance with the requirements of this section regarding the inspection of boiler plates; it being further provided that any person who aftixes any false, forged, fraudulent, spurious, or coun- terfeit of the stamp herein authorized to be put on by an assistant inspector, shall be deemed guilty of a felony, and shall be lined not less than one thousand dollars, nor more than live thousand dollars, and imprisoned not less than two years nor more than live years. Every plate of boiler-iron or steel, made for use in the K.s.,4431. construction of steamboat-boilers, shall be distinctly and permanently stamped by the manufacturer thereof, and, if practicable, in such places that the marks shall be left vis- ible when such plates are worked into boilers, with tlie name of the manufacturer, the place where manufactured, and the number of pounds tensile strain it will bear to the sectional square inch; and the inspectors shall keep a rec- ord in their ofBce of the stamps upon all boiler-plates and boilers which they inspect. Every person who counterfeits, or causes to be counter- li s.,4432. felted, any of the marks or stamps prescribed for boiler iron or steel plates, or who designedly stamps, or causes to be stamped falsely, any such plates; and every person who stamps or marks, or causes to be stamped or marked, any such iron or steel plates with the name or trade mark of another, with the intent to mislead or deceive, shall be fined two thousand dollars, one-half to the use of the informer, and may, in addition thereto, at the discretion of the court, be imprisoned not exceeding two years. The working steam-pressure allowable on boilers con- ^ s.,4433. structed of plates inspected as required by this Title [R. S., 4399-4500], when single-riveted, shall not produce a strain to exceed one-sixth of the tensile strength of the iron or steel plates of which such boilers are constructed; but where the longitudinal laps of the cylindrical parts of such boilers are double-riveted, and the rivet-holes for such boil- ers have been fairly drilled instead of punched, an addition of twenty per centum to the working pressure provided for single-riveting maybe allowed: Pronided, That all other parts of such boilers shall correspond in strength to the additional allowances so made; and no split-calking shall in any case be permitted. No externally fired boiler having its shell con«itructed of i^^ -i^^^ iron or steel plates exceeding an average thickness of thirty ^'''' '• ^'^^^ one-lmndredths of an inch shall be employed on any steam vessel navigating the Ked River of the North or rivers flow- ing into the Gulf of Mexico or their tributaries; and no externally fired boiler eniployed on any such steam vessel shall have less than threa inches space between its shell and any of its internal flues, and not less than three inches space between such fliu's wlicn any su(;h Hues are more than five inches in diameter; and every such externally Feb. 28, 18U5. 112 PART VIII. INSPECTION OF STEAM VESSELS. fired boiler employed on any such steam vessel shall be provided with a manhole in the lower part of the front head thereof, of such dimensions as may be prescribed by the board of supervising inspectors, in all cases where the distance between its internal flues is less than three inches. Externally fired boilers having shells constructed of iron or steel plates not exceeding- an average thickness of fifty one-hundredths of an inch may, in the discretion of the Secretary of the Treasury, be authorized and employed on steam vessels navigating the Atlantic and Pacific oceans, or salt-water bays or sounds, or the Great Lakes, or any of them, and waters flowing to and from the same, or any of them: Provided, That on inspection no plate that is by this act limited to a thickness of thirty one hundredths of an inch and no plate tliat is by tbis Act limited to a thickness of fifty one-hundredths of an inch shall be rejected for use if found to exceed those dimensions, respectively, if the average thickness thereof does not exceed the limits therein specified, and the amount of steam jiressure that will be i)ermitted to be carried in boilers constructed in accordance with the requirements of this act shall be de- termined from measurements showing the least thickness of the plates. R.s.,4435. The feed- water shall be delivered into the boilers in such manner as to jjrevent it from contracting the metal, or otherwise injuring the boilers. And when boilers are so arranged on a vessel that there is employed a water-con- necting pipe through which the water may pass from one boiler to another, there shall also be provided a similar steam connection, having an area of opening into each boiler of at least one square incli for every two square feet of effective heating-surface contained in any one of the boilers so connected, lialf the flue and all other fire-surfaces being computed as effective. Adequate i^rovision shall be made on all steam-vessels to prevent sparks or flames from being driven back from the fire-doors into the vessel. R.s.,4436. Every boiler shall be provided with a good, well-con- structed safety valve or valves, of such number, dimensions, and arrangements as shall be prescribed by the board of supervising inspectors, and shall also be provided with a sufficient number of gauge-cocks and a reliable low- water indicator that will give alarm when the water falls below its prescribed limits ; and in addition thereto there shall be inserted, in a suitable manner, in the flues, crown sheet, or other parts of the boiler most exposed to the heat of the furnace when the water falls below its prescribed limits, a plug of good Banca tin. 130. Loading safety-valve. U.S., 4437. Every person who intentionally loads or obstructs, or causes to be loaded or obstructed, in any way or manner, the safety-valve of a boiler, or who employs any other means or device whereby the boiler may be subjected to a greater pressure than the amount allowed by the certificate of the inspectors, or who intentionally deranges or hinders PART VIII. INSPECTION OF STEAif VESSELS. 113 the operation of any machinery or device employed to de- note the state of the water or steam in any boiler, or to give warning* of approaching danger, or who intentionally permits the water to fall below the i)rescribed low-water line of the boiler, and every person concerned therein, di- rectly or indirectly, shall be guilty of a misdemeanor, and shall be fined two hundred dollars, and may also be impris- oned not exceeding five years. 131. Waier-tight bulkheads. Every sea-going steamer, and every steamer navigating us., 4490. the great northern or northwestern lakes, carrying ])asseu- gers, the building of which shall be completed after the twenty-eighth day of August, eighteen hundred and sev- enty-one, shall have not less than three water-tight cross- bulk-heads, such bulk-heads to reach to the main-deck in single-decked vessels, otherwise to the deck next below the main-deck; to be made of iron plates, sustained upon suit- able frame- work; and to be properly secured to the hull of the vessel. The position of such bulk-heads and the strength of material of which the same shall be constructed shall be determined by the general rules of the board of supervising inspectors. Steam- vessels of one hundred tons burden or under, en- gaged in the coastwise bays and harbors of the United States, may be licensed by the United States local inspect- ors of steam-vessels to carry passengers or excursions on the ocean or upon the Great Lakes of the Korth or !N"orth- west, not exceeding fifteen miles from the mouth of such bays or harbors, without being required to have the three '"lys. i^'s''- water-tight cross-bulkheads provided by section forty-four hundred and ninety of the Eevised Statutes for other pas- senger steamers: Provided^ That in the judgment of the local inspector such steamers shall be safe and suitable for such navigation without danger to human life, and that they shall have one water-tight collision bulkhead not less than five feet abaft the stem of said steamer. 132. Life boats, lines, and preservers. Every steam- vessel navigating rivers only, except ferry- i-^-.-t^si. boats, freight-boats, canal-boats, and towing-boats, of less than fifty tons, shall have at least one good substantial boat with lines attached, and i^roperly supplied with oars, and kept in good condition at all times, and ready for im- mediate use; and in addition thereto, every such vessel carrying passengers shall have one or more metallic life- boats, fireproof, and in all respects good and substantial boats, of such dimensions and arrangements as the board of supervising inspectors by their regulations shall pre- scribe, which boats shall be carried in the most convenient manner to be brought into immediate use in case of acci- dent. But where the character of the navigation is such that, in the opinion of the supervising ins[)ector, the metal- lic life-boats can be dispensed with, he may exempt any NAV 99, PT 2 8 114 PART VIII. INSPECTION OF STEAM VESSELS. such vessel from carrying the same; or may require a sub- stitute therefor, at his discretion. ii.s.,4482. Every such steam-vessel carrying passengers shall also be provided with a good life-preserver, made of suitable material, for every cabin passenger for which she will have accommodation, and also a good life-preserver or float for each deck or other class passenger which the inspector's certificate shall allow her to carry, including the officers and crew; which life-preservers or floats shall be kept in convenient and accessible places on such vessel in readi- ness for immediate use in case of accident. R.s.,4488. Every steamer navigating the ocean, or any lake, bay, Mar. 2, 1889. qj. souud of the United States, shall be provided with such numbers of life-boats, floats, rafts, life-preservers, line- carrying projectiles and the means of propelling them, and drags, as will best secure the safety of all persons on board such vessel in case of disaster; and every sea-going vessel carrying passengers, and every such vessel navigating any of the northern or northwestern lakes, shall have the life- boats required by law, provided with suitable boat-disen- gaging apparatus, so arranged as to allow such boats to be safely launched while such vessels are under speed or other- wise, and so as to allow such disengaging-apparatus to be operated by one person, disengaging both ends of the boat simultaneously from the tackles by which it may be lowered to the water. And the board of supervising inspectors shall fix and determine, by their rules and regulations, the kind of life-boats, floats, rafts, life-preservers, line-carrying projectiles and the means of propelling them, and drags that shall be used on such vessels, and also the kind and capacity of pumps or other appliances for freeing the steamer from water in case of heavy leakage, the capacity of such pumps or appliances being suited to the navigation in which the steamer is employed. Apr. 11, 1892. The provisions of an act * * * approved March second, eighteen hundred and eighty-nine, * * * are hereby repealed so far as they relate to the carrying of line- carrying projectiles and the means of propelling them on steamers plying exclusively upon any of the lakes, bays, or sounds of the United States. U.S., 4489. The owner of any such steamer who neglects or refuses Mar. 2, 1889. to providc such lifc-boats, floats, rafts, life-preservers, line- carrying projectiles and the means of propelling them, drags, pumps, or api)liances, as are, under the provisions of the preceding section, required by the board of supervising inspectors, and approved by the Secretary of the Treasury, shall be fined one thousand dollars. 133. Stairways and deck room. R.s.,4484. Every such steam-vessel carrying passengers on the main-deck shall be provided with permanent stairways and other sutticient means, convenient to the passengers, for their escape to the upper deck, in case of the vessel sinking or of other accident endangering life; and in the PART VIII. INSPECTION OF STEAM VESSELS. 115 stowage of freight upon such deck, where passengers are carried, gangways or passages, sufficiently hirge to allow persons to pass freely through them, shall be left open both fore and aft of the vessel, and also to and along the guards on each side. The captain or mate of every such steam-vessel carrying r.s..4485. passengers upon the main-deck shall assign to all '554. of any quantity of such articles, or either of them, while the same is being placed upon any vessel or vehicle, to be transported in violation of the preceding section, or while the same is being so transported, or while the same is being renioved from such vessel or vehicle, every person who knowingly placed or aided, or permitted the placing of such articles upon such vessel or vehicle, to be so trans- ported, is guilty of manslaughter, and shall suffer imprison- ment for a period not less than two years. Every person who knowingly ships, sends, or forwards R.s.,5355. any quantity of the articles mentioned in section fifty-three hundred and tifty-three, or who transports the same by any mode of conveyance upon land or water, between any of the places specified in that section, unless such articles be securely inclosed, deposited, or packed in a metallic vessel surrounded by plaster of Paris, or other non explosive material when saturated with such oil, and separated from all other substances, and the outside of the package be marked, printed, or labeled in a conspicuous manner with the words ''nitroglycerine; dangerous," shall be punished by a fine of not less than one thousand nor more than five thousand dollars; one half to the use of the informer. 137. Carriage of passengers. The inspecitors shall state in every certificate of inspec' i:.s.,4464. tion granted to steamers carrying passengers, other than ferry-boats, the number of passengers of each class that any such steamer has accommodations for, and can carry with prudence and safety. It shall not be lawful to take on board of any steamer a k s.,446r). greater number of passengers than is stated in the certifi- cate of inspection; and for every violation of this provision the master or owner shall be liable, to any person suing for the same, to forfeit the amount of passage-money and ten dollars for each passenger beyond the nunibei' allowed. Any steam- vessel engaged in the business of towing July 9,1886. vessels, rafts, or water-craft of any kind, and not carrying see. 1. passengers, may be authorized and licensed by the super- vising inspector of the district in which said steamer sliall be employed, to carry on board such number of persons, in addition to its crew, as the snp-!,■)( )0 J, or through kuown defects, or im- perfections of the steam apparatus or of the hull : ami any person sustaining loss, or injury through the carelessness, negligence, or willful misconduct of any master, mate, en- gineer, or pilot, or his neglect or refusal to obey the laws governing the na\ igation of such steamers, may sue such master, mate, engineer, or pilot, and recover damages for any such injury caused by any such master, mate, engineer, or pilot. 142. Enforcement and penalty. All collectors, or other chief officers of the customs and ks.,4496. all inspectors within the several districts, shall enforce the provisions of this Title [R. S., 431)9-4500] against all steam- ers arriving and departing. Every collector, or other chief officer of the customs, or ks.,4497. inspector, who negligently, or intentionally omits any duty under the preceding section, shall be liable to removal from office, and to a penalty of one hundred dollars for each offense, to be sued for in an action of debt. If any vessel propelled in whole or in i)art by steam be Rs.,4499. navigated without complying with the terms of this Title [K. S., 4399-4500], the owner shall be liable to the United States in a penalty of five hundred dollars for each offense, one-half for the use of the informer, for which sum the vessel so navigated shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. The penalty for the violation of any provision of this Title k- s., 4500. fR.S., 4399-4500), not otherwise specially provided for, shall be a fine of live hundred dollars, recoverable one-half for the use of the informer. Paet IX.— immigrant 8HIPS. 143. Acconimodatious. 149. Explosives; cattle. 144. Light aud air. 150. Boarding vessel; passenger list. 145. Provisions. 151. Death of passenger. 146. Medical attendance. 152. Inspection. 147. Discipline and cleanliness. i 153. Penalties. 148. Privacy of passengers. j 143. Accommodations. Aug. 2, 1882. It shall not be lawful for the master of a steamship or other vessel whereon emigrant passengers, or passengers other than cabin passengers, have been taken at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States ex- cepted) to bring such vessel and passengers to any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage; that is to say, in a steamship, the compartments or spaces, unobstructed by cargo, stores, or goods, shall be of sufficient dimensions to allow for each and every passenger carried or brought therein one hundred cubic feet, if the compartment or space is located on the main deck or on the first deck next below the main deck of the vessel, and one hundred and twenty cubic feet for each passenger carried or brought therein if the compartment or space is located on the second deck below the main deck of the vessel; and it shall not be law- ful to carry or bring passengers on any deck other than the decks above mentioned. And in sailing-vessels such pas- sengers shall be carried or brought only on the deck (not being an orlop deck) that is next below the main deck of the vessel, or in a poop or deck-house constructed on the main deck ; and the compartment or space, unobstructed by cargo, stores, or goods, shall be of sufficient dimensions to allow one hundred and ten cubic feet for each and every passenger brought therein. And such passengers shall not be carried or brought in any between-decks, nor in any compartment, space, poop, or deck-house, the height of which from deck to deck is less than six feet. In computing the number of such passengers carried or brought in any vessel, children under one year of age shall not be included, aud two children between one and eight years of age shall be counted as one passenger; and any person brought in such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been 124 PAKT TX. IMMIGRANT SHIPS. 125 picked u]) at sea from any boat, raft, or otherwise, shall not be included in such computation. The master of a vessel coming to a port or place in the United States in violation of either of the provisions of this section shall be deemed guilty of a misdemeanor; and if the number of passengers other than cabin ]>assengers carried or brought in the vessel, or in any compartment, space, pooj), or deck-house thereof, is greater than the number allowed to be carried or brought therein, respectively, as hereinbefore i)rescribed, tlie said master shall be fined fifty dollars for each and every passen- ger in excess of the proper number, and may also be imprisoned not exceeding six months. In every such steamship or other vessel there shall be a ^oc.2. sutficient number of berths for the proper accommodation as hereinafter provided, of all such passengers. There shall not be on any deck nor in any compartment or space occupied by such passengers more than two tiers of berths. The berths shall be properly constructed, and be separated from each other by partitions, as berths ordinarily are sei)arated, and each berth shall be at least two feet in width and six feet in length; and the interval between the floor or lowest part of the lower tier of berths and the deck beneath them shall not be less than six inches, nor the interval between each tier of berths, and the interval between the upper- most tier and the deck above it, less than two feet six inches; and each berth shall be occupied by not more than one passenger over eight years of age; but double berths of twice the above-mentioned width may be provided, each double berth to be occupied by no more and by none other than two women, or by one woman and two children under the age of eight years, or by husband and wife, or by a man and two of his own children under the age of eight years, or by two men personally acquainted with each other. All the male passengers upwards of fourteen years of age who do not occupy berths with their wives shall be berthed in the fore part of the vessel, in a compartment divided off from the space or spaces approi)riated to the other passen- gers by a substantial and well-secured bulkhead; and un- married female passengers shall be berthed in a compart- ment separated from the spaces occupied by other passengers by a substantial and well-constructed bulkhead, the open- ing or communication from which to an adjoining passenger space shall be so constructed that it can be closed and secured. Families, however, shall not be separated except with their consent. Each berth shall be numbered serially, on the outside berth-board, according to the number of passengers that may lawfully occupy the berth; and the berths occupied by such i)assengers shall not be removed or taken down until the expiration of twelve hours from the time of entry, unless previously inspected within a shorter period. For any violation of either of the provi- sions of this section the master of the vessel shall be liable to a fine of five dollars for each passenger carried or brought on the vessel. 126 PART IX. IMMIGRANT SHIPS. 144. Light and air. Aug. 2, 1882. Every such steamship or other vessel shall have ade- ^^''•^" quate provisions for aflbrdiug light and air to the passen- ger-decks and to the compartments and spaces occupied by such passengers, and with adequate means and apjdiances for ventilating the said compartments and spaces. To compartments having sufficient space for fifty or more of such passengers at least two ventilators, each not less than twelve inches in diameter, shall be provided, one of wliich v^entilators shall be inserted in the forward part of tlie com- partment, and the other in the after part thereof, and shall be so constructed as to ventilate the compartment; and additional ventilators shall be provided for each compart- ment in the proportion of two ventilators for each addi- tional fifty of such passengers carried or brought in the compartment. All ventilators shall be carried at least six feet above the uppermost deck of the vessel, and shall be of the most approved form and construction. In any steam- ship the ventilating a])paratus provided, or any method of ventilation adopted thereon, which has been approved by the proper emigration officers at the port or place from which said vessel w^as cleared, shall be deemed a compli- ance with the foregoing provisions; and in all vessels carrying or bringing such passengers there shall be jirop- erly-constructed hatchways over the compartments or spaces occupied by such passengers, which hatchway shall be properly covered with houses or booby hatches, and the combings or sills of which shall rise at least six inches above the deck; and there shall be proper companion-ways or ladders from each hatchway leading to the compart- ments or spaces occupied by such passengers; and the said companion-ways or ladders shall be securely constructed, and be provided with hand-rails or strong rope, and, when the weather will permit, such passengers shall have the use of each hatchway situated over the compartments or spaces appropriated to their use; and every vessel carrying or bringing such passengers shall have a properly located and constructed caboose and cooking range, or other cook- ing apparatus, the dimensions and capacity of which shall be sufficient to provide for properly cooking and preparing the food of all such passengers. In every vessel carrying or bringing such passengers there shall be at least two water-closets or i^rivies, and an additional water-closet or privy for every one hundred male passengers on board, tor the exclusive use of such male passengers, and an addi- tional water-closet or privy for every fifty female passen- gers on board, for the exclusive use of the female j)a8sen- gers and young children on board. The aforesaid water- closets and privies shall be properly enclosed and located on each side of the vessel, and shall be separated from passengers' spaces by substantial and properly constructed partitions or bulkheads; and the water-clo.sets and privies shall be kept and maintained in a serviceable and cleanly condition throughout the voyage. For any violation of either of the provisions of this section, or for any neglect to conform to the requirements thereof, the master of the PAKT TX. — IMMIGKANT SHIPS. 127 vessel shall be liable to a penalty not exceeding two hun- dred and fifty dollars. 145. Provisions. An allowance of good, wholesome, and proper food, with au^ -, i^-^. a reasonable (juantity of fresh provisions, which food shall '''^''•'*- be equal in value to one and a half navy rations of the United States, and of fresh water, not less than four quarts per day, shall be furnished each of such passengers. Three meals sliall be ser>ed daily, at regular and stated hours, of which hours sullicient notice shall be given. If any such passengers shall at aiiy time during the voyage be put on short allowance for food and water, the master of the vessel shall pay to each passenger three dollars for each and every day the i)assenger may liave been i)ut on short allowance, except in case of accidents, where the captain is obliged to put the passengers on short allow- ance. Mothers with infants and young children shall be furnished the necessary quantity of wholesome milk or condensed milk for the sustenance of the latter. Tables and seats shall be i^rovided for the use of passengers at regular meals. And for every willful violation of any of the provisions of this section the master of the vessel shall be deemed guilty of a misdemeanor and shall be fined not more than five hundred dollars, and be imprisoned for a term not exceeding six months. The enforcement of this penalty, however, shall not affect the civil resijonsibiiity of the master and owners of the vessel to such passengers as may have suffered from any negligence, breach of con- tract, or default on the part of such master and owners. 146. Medical attendance. In every such .steamship or other vessel there shall be -^" , 1882. properly built and secured, or divided otf from other spaces, two comiiartments or spaces to be used exclusively as hospitals for such passengers, one for men and the other for women. The hospitals shall be located in a space not below the deck next below the main deck of the vessel. The hospital spaces shall in no case be less than in the pro- portion of eighteen clear superficial feet for every fifty such passengers who are carried or brought on the vessel, and such hospitals shall be supplied with proper beds, bedding, and utensils, and be kept so supplied throughout tlie voy- age. And every steamship or other vessel carrying or bringing emigrant passengers, or passengers other than cabin passengers, exceeding fifty in number, shall carry a duly qualified and competent surgeon or medical practi- tioner, who shall be rated as such in the ship's articles, and who shall be provided with surgical instruments, medical comforts, and medicines proper and necessary for diseases and accidents incident to sea voyages, and for the proper medical treatment of such i)assengers during the voyage, and with such articles of food and nourishment as may be proper and necessary for ])reserving tlie health of infants and young children; and the services of such surgeon or Sfc. 5. 128 PART I\. IMMIGRANT SHIPS. medical practitioner shall be promptly given, in any case of sickness or disease, to any of the passengers, or to any infant or young child of any sucli passengers, who may need his services. For a violation of either of the provi- sions of this section the master of the vessel shall be liable to a i^enalty not exceeding two hundred and tifty dollars. 147. Discipline and cleanliness. Aug.2,i88j. The master of every such steamship or other vessel is Sec. 6. authorized to maintain good discipline and such habits of cleanliness among such passengers as will tend to the preservation and promotion of health, and to that end he shall cause sucli regulations as he may adopt for such pur- pose to be posted up on board the vessel, in a place or places accessible to such passengers, and shall keep the same so posted up during the voyage. The said master shall cause the compartments and spaces provided for, or occupied by, such i^assengers to be kept at all times in a clean and healthy condition, and to be, as often as may be necessary, disinfected with chloride of lime, or by some other equally efficient disinfectant. Whenever the state of the weather will i)ermit, such passengers and their bedding shall be mustered on deck, and a clear ?nd sufficient space on the main or any upper deck of the vessel shall be set apart, and so kept, for the use and exercise of such passen- gers during the voyage. For each nej^lect or violation of any of the provisions of this section the master of the vessel shall be liable to a penalty not exceeding two hundred and fifty dollars. 148. Privacy of passengers. Aug. 2, 1882. Neither the officers, seamen, nor other persons employed Sec. 7. ou any such steamship or other vessel shall visit or frequent any part of the vessel provided or assigned to the use of such passengers, except by the direction or permission of the master of such vessel iirst made or given for such pur])ose; and every ofhcer, seaman, or other r)erson employed on board of such vessel who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and may be fined not exceeding one hundred dollars, and be impris- oned not exceeding twenty days, for each violation ; and the master of such vessel who clirects or permits any officer, seaman, or other person employed on board the vessel to visit or frequent any part of the vessel provided for or assigned to the use of such x)assengers, or the compartments or spaces occupied by such passengers, except for the pur- l)Ose of doing or performing some necessary act or duty as an officer, seaman, or other person employed on board of the vessel, shall be deemed guilty of a misdemeanor, and may be lined not more than one hundred dollars for each time he directs or permits the provisions of this section to be violated. A copy of this section, written or printed in the language or principal languages of the passengers on board, shall, by or under the direction of the master of the vessel, be posted in a conspicuous place on the forecastle and PART IX. IMMIGRANT SHIPS. 129 in the several parts of the vessel i)rovide(l and assij^^ned for the use of such passengers, and in each comi)artniont or space occuiiied by such passengers, and tlie same shall be kept so posted during the voyage; and if the said master neglects so todojheshallbedeemed guilty of a misdemeanor, and shall be fined not more than one hundred dollars. 149. Explosives; cattle. It shall not be lawful to take, carry, or have on board of Aug. 2,1882. any such steamship or other vessel any nitroglycerine, ^®"-^- dynamite, or any other explosive article or compound, nor any vitriol or like acids, nor gunpowder, except for the ship's use, nor any article or number of articles, whether as a cargo or ballast, which, by reason of the nature or quantity or mode of storage thereof, shall, either singly or collectively, be likely to endanger the health or lives of the passengers or the safety of the vessel, and horses, cattle, or other animals taken on board of or brought in any such vessel shall not be carried on any deck below the deck on which passengers are berthed, nor in any compartment in which passengers are berthed, nor in any adjoining com- partment excei)t in a vessel built of iron, and of which the compartments are divided off by water-tight bulkheads extending to the upper deck. For every violation of any of the provisions of this section the master of the vessel shall be deemed guilty of a misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned for a period not exceeding one year. It shall not be lawful to transport, carry, or convej', ship, k. s.,4278. deliver on board, or cause to be delivered on board, the substance or article known or designated as nitroglycerine, or glynoin oil, iiitroleum or blasting oil, or nitrated oil, or powder mixed with any such oil, or fiber saturated Avith any such article, or substance, upon or in any vessel or vehicle used or employed in transporting passengers by land or water between a place in any foreign country and a place within the limits of any State, Territory, or district of the United States, or between a ])lace in one State, Ter- ritory, or district of the United States, and a place in any other State, Territory, or district therof. It shall not be lawful to ship, send, or forward any quan- K.s.,4279. tity of the substances or articles named in the preceding section, or to transport, convey, or carry the same by a vessel or vehicle of any description, upon land or water, between a i)lace in a foreign country and a place within the United States, or between a i)lace in one Stale, Terri- tory, or district of the United States, and a place in any other State, Territory, or district thereof, unless the same shall be securely enclosed, deposited, or packed in a nu?tal- lic vessel surrounded by plaster of I'aris, or other material that will be non-explosive when saturated with such oil or substance, and separate from all other substances, and the outside of the package containing the same be marked, printed, or labeled in a conspicuous manner with the words "!Nitro- glycerine, dangerous." NAV yj, PT 2 9 130 PART TX. IMMIGRANT SHIPS. R.s.,4280. The two preceding sections sluill not be so construed as to prevent any State, Territory, district, city, or town within the United States from regulating or from prohibiting the traffic in or transportation of those substances, between persons qr i)laces lying or being within their respective ter- ritorial limits, or from prohibiting the introduction thereof into such limits, for sale, use, or consumption therein. 150. Boarding vessel ; passenger list. Aug. 2, 1882. xt shall not be lawful for the master of any such steam- Sec.9. gijjp Q^, other vessel, not in distress, after the arrival of the vessel within any collection district of the United States, to allow any person or persons, except a pilot, officer of the customs, or health officer, agents of the vessel, and consuls, to come on board of the vessel, or to leave the vessel, until the vessel has been taken in charge by an officer of the customs, nor, after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been duly landed from the vessel; and on the arrival of any such steamship or other vessel within any collection district of the United States, the master thereof shall deliver to the officer of customs who first comes on board the vessel and makes demand therefor a correct list, signed by the master, of all the passengers taken on board the vessel at any foreign port or place, specifying separately the names of the cabin passengers, their age, sex, calling, and the country of which they are citizens, and the num- ber of pieces of baggage belonging to each passenger, and Mar. 3,1803 also the name, age, sex, calling, and native country of each sec.2. emigrant passenger, or passengers other than cabin pas- sengers, and their intended destination or location, and the number of pieces of baggage belonging to each jiassenger, and also the location of the com]iartment or space occupied by each of such passengers during the voyage; and if any of such passengers died on the voyage, the said list shall specify the name, age, and cause of death of each deceased passenger; and a duplicate of the aforesaid list of passen- gers, verified by the oath of the master, shall, with the manifest of the cargo, be delivered by the master to the collector of customs on the entry of the vessel. For a vio- lation of either of the provisions of this section, or for per- mitting or neglecting to x>revent a violation thereof, the master of the vessel shall be liable to a fine not exceeding one thousand dollars. May 7, 1874 Each and every collector of customs to whom shall be delivered the manifests or lists of i^assengers prescribed by the twelfth section of the act aforesaid, approved March third, eighteen hundred and fifty five, shall make returns from such manifests or lists of i)assengers to the Secretary of the Treasury of the United States, in such manner as shall be ])rescribed by that officer, under whose direction statements of the same shall be prepared and published. 151. Death of passenger. Aug. 2, 1882. lu case there shall have occurred on board any such Sec. 10. steamship or other vessel any death among such passen- PART IX. IMMIGRANT SHIPS. 131 gers during tbe voyage, the master or consignees of the vessel shall, witbin forty-eiglit liours after the arrival of the vessel within a collection district of the I'nited States, or within tweuty-foar hours after the entry of the vessel, pay to the collector of customs of such district the sum of ten dollars i"or each and every such passenger above the age of eiglit years who shall have died on the voyage by natural disease; and the master or consignees of any ves- sel who neglect or refuse to pay such collector, witbin tbe times hereinbefore prescribed, the sums of money afore- said, shall be liable to a penalty of fifty dollars in addition to tlie sum required to be paid as aforesaid for each pas- senger whose death occurred on the voyage. All sums of money paid to any collector under the piovisions of this section shall be by him paid into the Treasury of the United States in such manner and under such regulations as shall be prescribed by the Secretary of tbe Treasury. 152. Inspection. The collector of customs of the collection district witbin Aug. 2,1882. which, or the surveyor of the port at which, any such steam- ^'"'- '^^• ship or other vessel arrives, shall direct an inspector or other officer of the customs to make an examination of the vessel, and to admeasure tbe compartments or spaces occu- pied by tbe emigrant passengers, or passengers other than cabin passengers, during the voyage; and sucli measure- ment shall be made in the manner provided by law for admeasuring vessels for tonnage; and to compare tbe num- ber of sucb passengers found on board with the list of such passengers furnished by the master to tbe customs officer; and the said inspector or other officer shall make a report to the aforesaid collector or surveyor, stating the port of departure, the time of sailing, the length of the voyage, tbe ventilation, tbe number of such passengers on board tbe vessel, and tbeir native country, respectively; tbe cubic quantity of each compartment or space, and the number of berths and passengers in each space, the kind and quality of tbe food furnished to sucb passengers on the voyage; tbe number of deaths, and tbe age and sex of tbose who died during the voyage, and of what disease; and in case there was any unusual sickness or mortality during tbe voyage, to report whether tlie same was caused by any neglect or violation of the provisions of this act, or by the want of proper care against disease by tbe master or owners of the vessel; and the said reports shall be forwarded to the Secretary of the Treasury at sucb times and in sucb manner as he shall direct. 153. Penalties. The provisions of this act shall apply to every steamship Aug. 2,1882. or other vessel whereon emigrant passengers, or passengers s«c- 12- other than cabin passengers, are taken on board at a port or place in the United States for conveyance to any i)ort or place in a foreign country except foreign territory contigu- ous to tbe United States, and shall also a])ply to any vessel whereon sucb i)assengers are taken on board at any port 132 PART IX. IMMIGRANT SHIPS. or place of the United States on the Atlantic Ocean or its tributaries for conveyance to a port or place on the Pacific Ocean or its tributaries, or vice versa; and whether the voyage of said vessel is to be continuous from i)ort to port or such i)assengers are to be conveyed from port to port in j)art by the Avay of any overland route through Mexico or Central America; and the said collector of customs may direct an examination of the vessel to be made by an inspector or other officer of the customs, who shall make the examination and report whether tlie provisions of this act have been complied with in respect to such vessel, and the said collector is authorized to withhold the clearance of such vessel until the coming in of such report; and if the said report shall show that any of the provisions of this act have not been complied with, the collector is authorized and directed to withhold the clearance of such vessel until the said provisions are complied with; and if any such vessel leaves the aforesaid jiort or place without having been duly cleared by the collector of customs, the master shall be deemed guilty of a misdemeanor, and may be fined not exceeding one thousand dollars, and be impris- oned not exceeding one year, and the vessel shall be liable to seizure and forfeiture. Sec. 13. The amount of the several fines and penalties imposed by any section of this act ui)on the master of any steam- ship or other vessel carrying or bringing emigrant passen- gers, or passengers other than cabin passengers, for any violation of the provisions of this act, shall be liens upon such vessel, and such vessel may be libeled therefor in any circuit or district court of the United States where such vessel shall arrive or depart. Part X.— GENERAL PILOT LAWS. 154. General pilot laws. Until further provision is made by Con ogress, all pilots hs., 42:15. in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respec- tively enact for the j)urpose. The master of any vessel coming into or going out of ks.,4236. any port situate upon waters which are the boundary between two States, may employ any pilot duly licensed or authorized by the laws of either of the States bounded on such waters, to pilot the vessel to or from such port. No regulations or provisions shall be adopted by any R.s.,4237. State which shall make any discrimination in the rate of pilotage or half pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or any discrimination against vessels propelled in whole or in part by steam, or against national vessels of the United States; and all existing regulations or provisions making any such discrimination are annulled and abrogated. No State or municipal government shall impose upon k s.,4444. pilots of steam vessels any obligation to procure a State or other license in addition to that issued by the United States, or any other regulation which will impede such pilots in the performance of the duties required by this Title [R. S., 4399-4500] ; nor shall any pilot-charges be levied by any such authority upon any steamer piloted as provided by this Title; and in no case shall the fees charged for the pilotage of any steam vessel exceed the customary or legally established rates in the State where the same is performed. Nothing in this Title shall be construed to annul or affect any regulation established by the laws of any State, requiring vessels entering or leaving a i)ort in any such State, otlier than coastwise steam -vessels, to take a pilot duly licensed or authorized by the laws of such State, or of a State situate upon the waters of such State. All coastwise sea-going vessels, and vessels navigating r.s.. 4401 the great lakes, shall be subject to the navigation laws of the United States, when navigating within the jurisdiction 133 134 PART X. GENE1^^L PILOT LAWS. Aug. 19, 1890. thereof; and all vessels, propelled in whole or in part by Feb. 8, 1895. gfg.^m^ j|U(| luivigatiiig as aforesaid, sliall be subject to all June?, 1897. ^^^ mles and regulations established in pursuance of law for the government of steam-vessels in passing, as i)ro- vided by this Title [K. S., 4399-4500]; and every coastwise sea-going steam -vessel subject to the navigation laws of the United States, and to tiie rules and regulations afore- said, not sailing under register, shall, when under way, except on the high seas, be under the control and direction of pilots licensed by the inspectors of steamboats. Part XL— TONNAGE TAX. 155. Rates of tax. 159. Lif;lit niouey. 156. Exeiuptious from tonnage tax. 160. Consular tonnage cbaiges. 157. Discriminating tonnage taxes. 161. Refund of tonnage tax. 158. Alien tonnage taxes. 155. Rates of tax. Nothing contained in this Title fR. S., 4131-4305] shall ^.s. be deemed in anywise to impair any rights and privileges \rhich have been or may be acquired by any foreign nation under the laws and treaties of the United States relative to the duty on tonnage of vessels, or any other duty on vessels. In lieu of the tax on tonnage of thirty cents per ton per annum imposed prior to July first, eighteen hundred and eighty-four, a duty of three cents per ton, not to exceed in the aggregate fifteen cents per ton in any one year, is hereby imposed at each entry on all vessels which shall be entered in any port of the United States from any foreign port or place in Xorth America, Central America, the West India Islands, tlie Bahama Islands, the Bermuda Islands, or the coast of South America bordering on the Caribbean Sea, or the Sandwich Islands, or Newfoundland; and a duty of six cents per ton, not to exceed thirty cents per ton ])er annum, is hereby imposed at each entry ui)on all vessels wliich shall be entered in the United States from any other foreign ports, not, however, to include vessels in distress or not engaged in trade. The expense of maintaining the Marine Hospital Service shall hereafter be borne by the United States out of receii)ts for duties on tonnage provided for by this Act; and so much thereof as may be necessary is hereby approi)riated for that purpose. 156. Exemptions from tonnage tax. The President of the United States shall suspend the collection of so much of the duty herein imposed, on ves- sels entered from any foreign port, as may be in excess of the tonnage and light-house dues, or other equivalent tax or taxes, imposed in said i)ort on American vessels by the government of the foreign country in which such port is situated, and shall, upon the passage of this act, and from time to time thereafter as often as it may become necessary by reason of changes in the laws of the foreign countries above mentioned, indicate by proclamation the ports to R. S., 4219. Juno 26, 1884. Sec. 14. ■Tuuol9, 188U. Sec. 11. Feb. ."), 1807. Jime2fi, Sec. 15. R. S., 4219. June 19, 1886. Sec. 11. 135 Apr. 4, 1888. 136 PART XT. — TONNAGE TAX. which such suspeusioi) shall ai)i)ly, :iiid the rate or rates of tomiage-duty, if any, to be collected under such snsi)en- sion: Provided, further, That such proclamation shall exclude from the benetits of the suspension herein author- ized the vessels of any foreign country in whose ports the fees or dues of any kind or nature imposed on vessels of the United States, or the import or export duties on their cargoes, are in excess of the fees, dues, or duties imposed on the vessels of such country, or on the cargoes of such vessels. But this proviso shall not be held to be inconsistent with the special regulation by foreign countries of duties and other charges on their own vessels, and the cargoes thereof, engaged in their coasting trade, or with the existence beweeu such countries and other states of reciprocal stipu- lations founded on special conditions and equivalents, and thus not within the treatment of American vessels uuder the most-favored nation clause in treaties between the United States and such countries. June 19, 1886. The President be, and hereby is, directed to cause the Sec. 12. Governments of foreign countries which, at any of their ports, impose on American vessels a tonnage-tax or light- house dues, or other equivalent tax or taxes, or any other fees, charges, or dues, to be informed of the provisions of the preceding section, and invited to co-operate with the Government of the United States in abolishing all light- house dues, tonnage-taxes, or other equivalent tax or taxes on, and also all other fees for oHicial services to, the ves- sels of the respective nations employed in the trade between the ports of such foreign country and the ports of the United States. K.s.,4220. >;q vessel belonging to any citizen of the United States, trading from one i^ort within the United States to another port within the United States, or employed in the bank, whale, or other fisheries, shall be subject to tonnage tax or duty, if such vessel be licensed, registered or enrolled. R.s.,4221. Ill cases of vessels making regular daily trips between any port of the United States and any poit in the Domin- ion of Canada, wholly upon interior waters not navigable to the ocean, no tonnage or clearance fees shall be charged against such vessel by the officers of the United States, except upon the first clearing of such vessel in each year. K.s.,4232. rpjjg j^jj^jj steamships employed in the mail service be- tween the United States and Brazil shall be exempt from all port-charges and custom house dues at the port of depar- ture and arrival in the United States if, and so long as, a similar immunity from port-charges and custom-house dues is granted by the government of Brazil. 157. Discriminating tonnage taxes. K.s.,4228. Upon satisfactory proof being given to the President, by the government of any foreign nation, that no discriminat- ing duties of tonnage or imposts are imposed or levied in the i)orts of such nation upon vessels wholly belonging to PART XI. TONNAGE TAX. 137 citizens of the United States, or upon the produce, manu- factures, or merchandise imported in the same from tlie United States or from any foreign country, the President may issue his ])rocIamatiou, declaring that the foreljin dis- criminating duties of tonnage and imi)0st witliin the llnited States are suspended and discontinued, so far as respects the vessels of such foreign nation, and the produce, manu- factures, or merchandise inqjorted into the United States from such foreign nation, or from any other ioreign country; the suspension to take effect from the time of such notiti- cation being given to the President, and to continue so long as the reciprocal exemption of vessels, belonging to citizens of the United States, and their cargoes, shall be continued, and no longer. Provided, That the President is authorized to suspend in Tuiy 24, i8»7. j)art the operation of sections forty-two hundred and nine- teen and twenty-five hundred and two so that foreign ves- sels from a country imposing ])artial discriminating tonnage duties upon American vessels, or partial discriminating import duties upon American merchandise, may enjoy in our ports the identical privileges which the same class of American vessels and merchandise may enjoy in said for- eign country. No other or higher rate of duties shall be imposed or col- k. s.,4229. lected on vessels of Prussia, or of her dominions, from whencesoever coming, nor on tlieir cargoes, howsoever com- posed, than are or may be payable on vessels of the United States, and their cargoes. The preceding section shall continue and be in force dur- k. s.,4230. ing the time that the equality for which it provides shall, in all respects, be reciprocated in the ports of Prussia and her dominions; and if at anytime hereafter the e(iuality shall not be reciprocated in the ports of Prussia and her dominions, the President may issue his proclamation, declaring that fact, and thereupon the section preceding shall cease to be in force. From Spanish vessels coming from any port or place in K.s.,4231. Spain or her colonies, where no discriminating or counter- vailing duties on tonnage are levied upon vessels of the United States, or from any other port or ])lace to and with which vessels of the United States are ordinarily permitted to go and trade, there shall be exacted in the ports of the United States no other or greater duty on tonnage than at the time may be exacted of vessels of the United States. 158. Alien tonnage taxes {in exceptional cases). Upon vessels which shall be entered in the United States u. s.,4219. from any foreign port or place there shall be paid duties as July 24, :897. follows: On vessels built within the United States but belonging wholly or in part to subjects of foreign powers, at the rate of 30 cents per ton; on other vessels not of the United States, at the rate of HO cents ])er ton. Upon every vessel not of the United States, which shall be entered in one district from another district, having on 138 PART XI. TONNAGE TAX. board goods, wares, or merchandise taken in one district to be delivered in another district, duties shall be paid at the rate of 50 cents per ton. Nothing in this section shall be deemed in any wise to impair any rights or privileges which have been or maybe acqnired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on vessels. On all foreign vessels which shall be entered in the United States from any foreign port or place, to and with which vessels of the United States are not ordinarily permitted to enter and trade, there shall be paid a duty at the rate of two dollars i)er ton ; and none of the duties on tonnage above mentioned shall be levied on the vessels of any foreign nation if the President of the United States shall be satisfied that the discriminating or countervailing duties of such foreign nations, so far as they June 26. 1884. opcratc to the disadvantage of the United States, have been abolished; * * * and any rights or privileges ac- quired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on vessels shall not be impaired; and any vessel any officer of which shall not be a citizen of the United States, shall pay a tax of fifty cents per ton. 159. Light money {in exceptional cases). K.s.,4225. A duty of fifty cents per ton, to be denominated "light money," shall be levied and collected on all vessels not of the United States, which may enter the ports of the United States. Such light-money shall be levied and collected in the same manner and under the same regulations as the tonnage duties. R.s.,4226. The preceding section shall not be deemed to operate upon unregistered vessels, owned by citizens of the United States, and carrying a sea-letter, or other regular document, issued from a custom-house of the United States, proving the vessel to be American property. Upon the entry of every such vessel from any foreign ])ort, if the same shall be at the port at which the owner or any of the part own- ers reside, such owner or part owners shall make oath that the sea-letter or otlier regular document possessed by such vessel contains the name or names of all the persons who are then the owners of the vxssel; or if any part of such vessel has been sold or transferred since the date of such sea-letter or document, that such is the case, and that no foreign subject or citizen has, to the best of his knowledge and belief, any share, by way rf trust, confidence or other- wise, in such vessel. If the owner or any part owner does not reside at the port or place at which such vessel shall enter, then the master shall make oath to the like efiect. If the owner or part owner, where there is one, or the master, where there is no owner, shall refuse to so swear, such vessel shall not be entitled to the privileges granted by this section. 160. Consular tonnage charges. K.s.,4222. No consul Or consular agent of the United States shall exact tonnage fees from any vessel of the Uuited States, PART XI. TONNAGE TAX. 139 touching: at or near ports in (Canada, on lier regular voyage from one port to another within the United iStates, unless such consul or consular agent sluill perform some otlicial services, required by law for such vessel, when she shall thus touch at a Canadian port. 161. Refund of tonnage tax. Whenever any tine, i)enalty, forfeiture, exaction, or charge •'""« 20, i884. arising under the laws relating to vessels or seamen has ^"'-se- been paid to any collector of customs or consular oflicer, and application has been made within one year from such payment for the refunding or remission of the same, the Secretary of the Treasury, if on investigation he finds that such fine, penalty, forfeiture, exaction, or charge was ille- gally, imi)roperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such tine, penalty, forfeiture, exaction, or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated. On all questions of interpretation * * * relating to Juiy5,i884. the collection of tonnage tax, and to the refund of such tax ^^''■^■ when collected erroneously or illegally, his [Commissioner of Navigation] decision shall be final. Part XIL— DISCRIMINATION AND RETALIATION. 162. Discrimination against American i 165. Discrimination on Canadian cansils. vessels. 163. Discrimination against American tisbing vessels. 164. Discrimination against ]iroducts of the United States. 166. Vessels of nations not assiniilated by treaty to American vessels. 167. Discriminating duties. 162. Discrimination against American vessels. June I'j, 1886. Whenever any foreign country whose vessels have been Sec. 17. placed on the same footing- in the ])orts of the United States as American vessels (the coastwise trade excepted) shall deny to any vessel of the United States any of the commer- cial privileges accorded lo national vessels in the harbors, ports, or waters of such foreign country, the President, oa receiving satisfactory information of the continuance of such discriminations against any vessels of the United States, is hereby authorized to issue his ])roclamation 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 liorts 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 coun- try; and on and after the date named in such proclama- tion for it to take effect, if the master, ofiBcer, or agent of any vessel of such foreign country excluded by said proc- lamation 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 enforcement of this act, or aiding and abetting any other person in such opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years. 163. Discrimination against American fishing vessels. Mar. .3, 1887. Whenever the President of the United States shall be satisfied that American fishing vessels or American fisher- men, visiting or being in the waters or at any ports or places of the British Dominions of North America, are or then 140 PART XII. DISCRIMINATION AND RETALIATION. 141 lately have been deniinl 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 enjoy- ment of such riglits, or subjected to unreasonable restric- tions, 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 lishernien, having a i)ermit under the laws of the United States to touch and trade at any i)ort or ports, i)lace or places, in the British Dominions of North America, are or then lately have been denied the privilege of entering such port or i)orts, place or places, in the same manner and under the same regula- tions as may exist therein applicable to trading vessels of the most favored nation, or shall be unjustly vexed or harassed, in respect thereof, or otherw ise be unjustly vexed or harassed therein, or shall be prevented Irom purchasing such supi)lies as may there be lawfully sold to trading ves- sels 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 har- assed in resi)ect 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 Presi- dent of the United States, in his discretion, by proclama- tion 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 dis- tress, stress of weather, or needing supplies as to the Presi- dent shall seem proper), whether such vessels shall have come directly from said dominions on such destined voyage or by way of some i)ort or i)lace in such destined voyage elsewhere, and also to deny entry into any ])ort 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 procla mation to any part or to all of the foregoing-named sub- jects, and may revoke, qualify, limit, and renew such proc- lamation from time to time as he may deem necessary to the full and just execution of the purposes of this act. Every violation of any such i)roclaniation, or any part thereof, is hereby declared illegal, and all vessels and goods so coming or being within the waters, ports, or ])laces of the United States contrary to such i)roclamation shall be for- feited to the United States; aiul such forted, together with her cargo, tackle, api)arel, and furniture, shall be forfeited to the United States; and such goods, wares, or merciiandise, ship, or vessel, and cargo shall be liable to be seized, prosecuted, and condemned in like man- ner, and under tlie same regulations, restrictions, and pro- visions as have been heretofore establislied for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws. The preceding section shall not apply to vessels or sec.24. goods, wares, or merchandise imported in vessels of a foreign nation which does not maintain a similar regula- tion against vessels of the United States. 167. Discriminating duties. A discriminating duty of ten per centum ad valorem, in R s.,2502. addition to the duties imposed by law, shall be levied, col- -^"g-ss, i894. lected, and j)aid on all goods, wares, or merchandise which shall be imported in vessels not of the United States; but 144 PART XII. DISCRIMINATION AND RETALIATION. Sec. 14. this discriminating duty shall not apply to goods, wares, July 24, 18*7. and merchandise whicli shall be imported in vessels not of the United States, entitled, by treaty or any Act of Con- gress, to be entered in the ])orts of the United States on payment of the same duties as shall then be paid on goods, wares, and merchandise imported in vessels of the United States. July 24, 1897. That a discriminating duty of ten per centum ad valorem, Sec. 22. jn addition to the duties imposed by law, shall be levied, collected, and paid on all goods, wares, or merchandise which shall be imported in vessels not of tlie United States, or which being the production or manufacture of any for- eign country not contiguous to the United States, shall come into the United States from such contiguous country ; but this discriminating duty shall not ap])ly to goods, M'ares, or merchandise which shall be imported m vessels ncjt of the United States, entitled at the time of such imi)ortati()n by treaty or convention to be entered in the ports of the United States oil payment of the same duties as shall tlien be pay- able on goods, wares, and merchandise imported in vessels of the United States, nor to such foreign products or manufactures as shall be imported from such contiguous countries in the usual course of strictly retail trade. [See opinion Attorney General, September 20, 1897, in Treasury Decisions, Synopses 18383, 18431, and 18900, and General Appraisers, 18915. J Part XIIL— ENTRY AND CLP:ARANCE. 176. Enrolled and licensed vessels iu foreign trade. 177. Oath of ownership on entry. 178. Deposit of ])aper8. 179. War documents; jjassports; sea- letters. 180. lUeijal boardinii. the master of any foreign vessel tlic legister and other papers deposited with him ])\irsnant to the provisions of 150 PART XIII. ENTRY AND CLEARANCE. the preceding section, until vsucli master shall i)roduce to him a clearance in due form from tlie collector of the port where such vessel has been entered. Any consul offending against the provisions of this section shall be fined not less than five hundred dollars nor more than five thousand. K.s.,4213. i^ shall be the duty of all masters of vessels for whom Juii6 26,i884. g^jjy QfQ(.i;^i services shall be performed by any consular officer, without the payment of a fee, to require a written statement of such services from such consular officer, and, after certifying as to whetlier such statement is correct, to furnish it to the collector of the district in which such ves- sels shall first arrive on their return to the United States; and if any such master of a vessel shall fail to fnrnish such statement, he shall be liable to a fine of not exceeding fifty dollars, unless such master shall state under oath that no such statement was furnished him by said consular officer. And it shall be the duty of every collector to forward to the Secretary of the Treasury all such statements as shall have beeu furnished to him, and also a statement of all certified invoices which shall have come to his ofldce, giving the dates of the certificates, and the names of the persons for whom and of the consular oflflcer by whom the same were certified. 179. War documents ; passports; sea-letters. R.s.,4:!oo. Every vessel of the United States, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector for the district where such vessel may be, with a passport, the form for which shall be prescribed by the Secretary of State. In order to be entitled to such passport, the master of every such vessel shall be bound, with sufficient sure- ties, to the Treasurer of the United States, in the penalty of two thousand dollars, conditioned that the ])assport shall not be applied to the use or protection of any other vessel than the one described in it; and that, in case of the loss or sale of any vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if tlie loss or sale take place within the United States; or within six months, if the same shall happen at any ])lace nearer than the Cape of Good Hope; and withiu eighteen months, if at a more distant place. K.s.,4307. If any vessel of the United States shall depart there- from, and shall be bound to any foreign country, other than to some port in America, without such passport, the master of such vessel shall be liable to a penalty of two hundred dollars for every such offense. R.s.,4308. Every unregistered vessel owned by a citizen of the United States, and sailing with a sea-letter, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector of the district w here such vessel may be with a passport, for which the master shall be subject to the rules and conditions prescribed for vessels of the United States. PART XIIT. — ENTRY AND Cr.EARANCE. 151 Every master of ;i vessel, beloiijjiiijj: to citizens of the h. s..4;«)9. United States, wlio shall sail fr<»:ii any port of the llnite*! States, shall, on his arrival at a foreign i)ort. deposit his register, sea-letter, and IMcditerraDean i)assport with the consul, vice-consul, commercial agent, oi- vice coramercial agent, if any there be at such i)ort; iind it shall be the duty of such consul, vice consul, commercial agent, or vice- commercial agent, on such master or commander producing to him a clearance from the ])roper ofticer of the port where his vessel may be, to deliver to the master all of his papera, if such master or commander has complied with the pro- visions of law relatiug to the discharge of seamen in a foreign country, and to the payment of the fees of consular officers. Every master of any such vessel who refuses or neglects ks.,43io. to dei)osit the papers as required by the ])receding section, shall be liable to a penalty of five hundred dollars, to be recovered by such consul, vice consul, commercial agent, or vice-commercial agent, in his own name, for the benelit of the United States, in any court of competent jurisdiction. 180. Illegal boarding of vessel. Every person who, not being in the United States service, ^- ''•' ■*^*"*- and not being duly authorized by law for the purpose, goes on board any vessel about to arrive at the ])lace of her des- tination, before her actual arrival, and before she has been completely moored, without permission of the master, shall, for every such offense, be punishable by a fine of not more than two hundred dollars, and by imprisonment for not more than six months; and the master of such vessel may take any such person so going on board into custody, and deliver him uji forthwith to any constable or police officer, to be by him taken before any justice of the ])eace, to be dealt with according to the provisions of this Title [11. S., 4501-4613J. Part XIV.— CUSTOMS LAWS DIRECTLY RELATING TO VESSELS. 181. Boardinij and search of vessel. 182. Seizure of vessels or merchandise. 183. Exemption from forfeiture. 184. Procedure in cases of fines, penal- ties, and forfeiture. 185. Moil-ties, informers', and customs officers' awards. 186. Procedure. 187. Limitation of time. 188. Bonded warehouses. 189. Oaths of masters and owners. R.S., 30,59. R.S.,3060. R. S., 3067 R. S.,3068. 152 181. Boarding and search of vessel. It shall be lawful for any officer of the customs, includ- ing inspectors and occasional inspectors, or of a revenue- cutter, or authorized agent of the Treasury Department, or other person specially appointed for the purpose in writing by a collector, naval officer, or surveyor, to go on board of any vessel, as well without as within his district, and to inspect, search, and examine the same, and any person, trunk, or envelope on board, and to this end to hail and stop such vessel if under way, and to use all necessary force to compel compliance; and if it shall appear that any breach or violation of the laws of the United States has been committed, wherel)y or in consequence of which such vessel, or the merchandise, or any part thereof, on board of or imi)orted by such vessel, is liable to forfeiture, to make seizure of the same, or either or any part thereof, and to arrest, or in case of esca[)e, or any attempt to escape, to pursue and arrest any person engaged in such breach or violation. The original appointment in writing of any person spe- cially appointed under the provisions of the previous section shall be tiled in the custom-house where such appointment is made. It shall be lawful for all collectors, naval officers, survey- ors, insjiectors, and the officers of the revenue-cutters, to go on board of vessels in any port of the United States, or within four leagues of the coast thereof, if bound to the United States, whether in or out of their resjiective dis- tricts, for the ])urpose of demanding the manifests, and of examining and searching the vessels; and those officers respectively shall have free access to the cabin and every other part of a vessel. If any master of a vessel coming into or having arrived at any port within the United States shall obstruct or hinder or shall intentionally cause any obstruction or hin- PART XIV. — CUSTOMS LAWS RELATING TO VESSELS. 153 drauce to any officer in lawfully goiiij;' oii board such vessel for the purpose of carrying into eticct any of tlic revenue laws of the United States, lie shall for every such otl'ense be liable to a penalty of not more than five hundred dollars nor less than tifty dollars. If any box, trunk, chest, cask, or other package shall be k.s.,3089. found in the cabin, steerage, or forecastle of a vessel, or in any other ])]a('e separate from the residue of the cargo, the officer of the customs shall take a ])articular account of such package, and of the marks and numbers thereof, if any, and a description thereof, and, if he judges ])roper, shall seal every such package; and such account and description shall be by him forwarded without delay to the collector of the district to which such vessel is bound. If upon her arrival at the port of her entry, the packages so described, or any of them, are missing, or if any seal ])ut thereon has been broken, the master shall be liable to a ])enalty for every package missing, or on which any seal shall be broken, of two hundred dollars. Every olticer or other person authorized to make searches k. s., 3071. and seizures by this Title [ K. S., 2517-31159] shall, at the time of executing any of the ])Owers conferred upou him, make known, upon being questioned, his character as an officer or agent of the customs or Government, and shall have authority to demand of any person within the distance of three miles to assist him in making any arrests, search, or seizure authorized by this Title, where such assistance may be necessary; and if such person shall, without reasonable excuse, neglect or refuse so to assist, ui)on proper demand, he shall be deemed guiltj^ of a misdemeanor, punishable by a fine of not more than two hundred dollars, nor less than five dollars. 182. Seizure of vessels or merchandise. It shall be the duty of the several officers of the customs us., 3072 to seize and secure any vessel or merchandise which shall become liable to seizure by virtue of any law respecting the revenue, as well without as withiu their respective dis- tricts. If any officer, or other person, executing or aiding or k. s., 3073. assisting in the seizure of goods, under any act j)roviding for or regulating the collection of duties on imports or ton- nage, is sued for anything done in virtue of the powers given thereby, or by virtue of a warrant granted by any judge, or Justice, pursuant to law. he may plead the general issue and give such act and the special matter in evidence. In all cases of seizure of i)ro|)erty subject to forfeiture us., 3074. for any of the causes named in any provision of law relat- ing to the customs, or for the registering, enrolling, or licensing of vessels, when, in the ojjinion of the collector or other i)rincipal officer of the revenue making such seiz- ure, the value of the i)ioperty seized does not exceed five hundred dollars, he shall cause a list and ])articular descrip- tion of the property seized to be prepared in duplicate. 154 PART XIV. CUSTOMS LAWS RELATING TO VESSELS. and an appraisement of tlie same to be made by two sworn appraisers under the revenue laws, if there are such apprais- ers at or near the place of seizure; but if there are no such appraisers, tlien by two comj^etent and disinterested citi- zens of the United States, to be selected by him for that purpose, residing at or near the placeof seizure; which list and api)raisement shall be properly attested by such col- lector or other oflicer and the ])ersoiis making the appraisal. For such services of the appraisers they shall be allowed out of the revenue one dollar and fifty cents each, for every day necessarily employed in such service. R. s.,3075. If the amount of the appraisal of property so seized as forfeited shall not exceed the sum of five hundred dollars, the collector or other principal officer shall publish a notice once a week for three successive weeks in some newspaper of the county or place where such seizure shall have been made, if any newspaper shall be published in such county; but if no newspaper shall be published in such connty, then such notice shall be published in some newspaper of the county in which the j)riucipal customs office of the district shall be situated ; and if no newspaper shall be published in such county, then notices shall be posted in pi^oper public idaces, which notices shall describe the articles seized, and state the time, cause, and place of seizure, and shall require any person claiming such articles to appear and file \vith such collector or other officer his claim to such articles within twenty days from the date of the first publication of such notice. B.s.,3076. Any person claiming the property so seized may, at any time within twenty days from the date of such i^ublication, file with the collector or other officer a claim, stating his interest in the articles seized, and, upon depositing with such collector or other officer a bond to the United States in the penal sum of two hundred and fifty dollars, with two sureties, to be approved by such collector or other officer, conditioned that, iu case of the condemnation of the articles so claimed, the obligors shall pay all the costs and expenses of the proceedings to obtain such condemna- tion. Such collector or other officer shall transmit the same, with the duplicate list and description of the articles seized and claimed, to the United States district attorney for the district, w)io shall proceed for a condemnation of the property in the ordinary mode jirescribed by law. E.s.,3077. If no such claim shall be filed or bond given within the twenty days above sj)ecified, such collector or other officer shall give not less than fifteen days' notice of the sale of the property so seized, by publication in the manner before mentioned; and, at the time and place specified iu such notice, he shall sell at public auction the property so seized, and shall deposit the proceeds, after deducting the actual expenses of such seizure, publication, and sale, in the Treasury of the United States, as shall be directed by the Secretary of the Treasury. The collector, however, shall have power to adjourn such sale from time to time for a period not exceeding thirty days in all. PART XIV. (JITSTOMS LAWS KELATING TO VESSELS. ir)5 Any person claiinin^ to be interested in the property sold k. s.aoTs. under the jjrovisions of tlie preceding- section may, within three montlis after such sale, apply to the Secretary of the Treasury for a remission of the forfeiture and a restoration of the i)roceeds of such sale, and the same may be granted by the Secretary upon satisfactory proof, to be furnished in such manner as he sliall direct, that the applicant, at the time of the seizure and sale of the i)roperty in ques- tion, did not know of the seizure, and was in such circum- stances as jtrevented him from knowing of the same, and that such forfeiture was incurred without willful negligence or any intention of fiaud on the part of the owner of such property. If no application for such remission or restoration shall k. s.,3079. be made within three months after such sale, the Secretary of the Treasury shall then cause the proceeds of such sale to be distributed in the same manner as if such property had been condemned and sold in pursuance of a decree of a competent court. Whenever seizure shall be made of any property which, k.s.,308o. in the opinion of the appraisers, is liable to perish or waste, or to be greatly reduced in value by keeping, or which cannot be kept without great disproportionate expense, whether such property consists of live animals or merchandise, and when the property thus seized shall not exceed live hundred dollars in value, and when no claim shall have been interposed therefor as is hereinbefore pro- vided, the api)raisers, if requested by the collector or principal officer making the seizure, at the time when such appraisal is made, shall certify on oath in their appraisal their belief that the property seized is liable to si)eedy deterioration, or that the expenses of its keeping will largely reduce the net proceeds of the sale; and in case the appraisers thus certify, such collector or other officer may l)roceed to advertise and sell the same at auction, by giving notice for such time as he may think reasonable, but not less than one week, of such seizure and intended sale, by advertisenent as is hereinbefore provided; and the i)ro- ceeds of such sale shall be deposited to the credit of the Treasurer of the United States, subject, nevertheless, to the payment of such claims as shall be presented within three months from the day of sale, and allowed by the Secretary of the Treasury. The collectors of the several districts of the United iis.,308i. States, in all cases of seizure of any merchandise for viola- tion of the revenue laws, the appraised value of which, in the district wherein such seizure shall be made, does not exceed one thousand dollars, are hereby authorized, sub- ject to the approval of the Secretary of the Treasury, to release such nierchandise on payment of the appraised value thereof. Whenever any seizure shall be made for tlie i)urpose of ^s-sosa. enforcing any forfeiture, the collector or other person caus- ing such seizure to be made shall immediately give infor- mation thereof to the Solicitor of the Treasury. 15G PART XIV. CUSTOMS LAWS RELATING TO VESSELS. K.s.,3086. ^\\ merchandise or property of auy kind seized under the i)rovisions of any law of the United States relating to the customs, shall, unless otherwise provided for by law, be placed and renniiii in the custody of the collector or other principal officer of the customs of the district in which the seizure shall be made, to abide adjudication by the proper tribunal, or other disposition according to law. 183. Exemption from forfeiture. K. s.,;!063. No railway-car or engine or other vehicle, or team, used by any person or corporation, as common carriers, in the transaction of their business as such common carriers, shall be subject to forfeiture by force of the provisions of this Title [R. S., 2517-3129] unless it shall appear that the owner, superintendent, or agent of the owner in charge thereof at the time of such unlawful importation or transportation theron or thereby was a consenting party, or privy to such illegal importation or transportation. Feb 8,1881. No vcsscl uscd by any person or corporation, as common carriers, in the transaction of their business as such com- mon carriers, shall be subject to seizure or forfeiture by force of the provisions of Title thirty-four [R. S., 2517-3129] of the Eevised Statutes of the United States unless it shall appear that the owner or master of such vessel at the time of the alleged illegal act was a consenting party or privy thereto. 184. Procedure in cases of fines, penalties, and forfeiture. R.s.,3084. The several collectors of customs shall report within ten days to the district attorney of the district in which any tine, penalty, or forfeiture may be incuri ed for the violation of any law of the United States relating to the revenue, a statement of all the facts and circumstances of the case within tlieir knowledge, or which may come to their knowl- edge from time to time, stating the names of the witnesses, and the provisions of the law believed to be violated, and on which a reliance may be had for condemnation or con- viction. If any collector shall in any case fail to report to the proper district attorney, as prescribed in this section, such collector's right to any compensation, benefit, or allowance in such case shall be forfeited to the United States, and the same may, in the discretion of the Secre- tary of the Treasury, be awarded to such persons as may make complaint and prosecute the same to judgment or conviction. R. s., 3085. District attorneys, upon receiving the report of a col- lector, shall cause suit nnd prosecution to be commenced and prosecuted without delay for the lines and personal l)enalties by law in such case provided, unless upon inquiry and examination they shall decide that a conviction (;annot i)robably be obtained, or that the ends of public justice do not require that a suit or i)rosecution should be instituted, in which case they shall rei)ort the facts to the Secretary of the Treasury for his direction. For expenses incurred and services rendered in prosecutions for such PART XIV. CUSTOMS LAWS RELATING TO VESSELS. 157 fiues and personal penalties, they shall receive such allow- ance as the Secretary of the Treasury shall deem just and reasonable, ui)ou the certiticate of the judge before whom such prosecution was had. The colle(;tor within whose district any seizure shall be n.s.sos?. made or forfeiture incurred for any violation of the duty laws is hereby enjoined to cause suits for the same to be commenced without delay, and prosecuted to etfect; and is, moreover, authorized to receive from the court within which such trial is had, or from the proper ollicer thereof, the sum recovered, after deducting all proper charges to be allowed by the court; and on receipt thereof he shall pay and distribute the same without delay, according to law. Whenever a vessel, or the owner or master of a vessel, R.s.,3088. has become subject to a penalty for a violation of the rev- enue laws of the United States, such vessel shall be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel to recover such penalty. Whenever a seizure, condemnation, and sale of mer- r.s.,3089. chandise takes jdace within the United States, and the value thereof is less than two hundred and titty dollars, that part of the forfeiture which accrues to the United States, or so much thereof as may be necessary, shall be applied to the payment of the cost of the prosecution. 185. Moieties, informers' and customs officers' awards. All provisions of law under which moieties of any fines, June 22,1874. penalties, or forfeitures, under the customs-revenue laws, sec.2. or any share therein, or commission thereon, are paid to informers, or ofiBcers of customs, or other officers of the United States, are hereby repealed; and from and after the date of the passage of this act the proceeds of all such juneio, isoo. fines, penalties, and forfeitures shall be paid into the Treas- sec. 29. ury of the United States. It shall hereafter be the duty of the Secretary of the juue 22,18-4. Treasury, out of any money specifically appropriated by sec.3. Congress, to make suitable compensation in certain cases under the customs revenue laws, as hereinafter provided, and not otherwise; and he shall annually report to Con- gress, in detail, all payments by him for such purpose. Whenever any officer of the customs or other person see. 4. shall detect and seize goods, wares, or merchandise, in the act of being smuggled, or which have been smuggled, he shall be entitled to such com])eiisation therefor as the Sec- retary of the Treasury shall award, not exceeding in amount one half of the net proceeds, if any, resulting from such seizure, and deducting all duties, costs, and charges con- nected therewith: Provided., That for the purposes of this act smuggling shall be construed to mean the act, with intent to defraud, of bringing into the United States, or, with like intent, attempting to bring into the United States, dutiable articles without passing the same, or the ])ackage containing the 158 PART XIV. CUSTOMS LAWS RELATING TO VESSELS. same, through the custom liouse, or submitting them to the officers of the revenue for examination. And whenever any person not an officer of the United vStates shall furnish to a district attorney, or to any chief officer of the customs, original information concerning any fraud upon thecustoms- reveuue, i)erpetrated or contemplated, which shall lead to the recovery of any duties withheld, or of any fine, penalty, or forfeiture incurred, whether by importers or their agents, or by any officer or person employed in the customs-service, such compensation may, on such recovery, be })aid to such person so furnishing information as shall be just and rea- sonable, not exceeding in any case the sum of five thousand dollars; which compensation shall be paid, under the direc- tion of the Secretary of the Treasury, out of any money appropriated for that purpose. Sec. 6. No payment shall be made to any person furnishing information in any case wherein judicial proceedings shall have been instituted, unless his claim to compensation shall have been established to the satisfaction of the court or judge having cognizance of such proceedings, and the value of his services duly certified by said court or judge for the information of the Secretary of the Treasury 5 but no certificate of the value of such services shall be conclu- sive of the amount thereof. And when any fine, penalty, or forfeiture shall be collected without judicial proceed- ings, the Secretary of the Tieasury shall, before direct- ing payment to any person claiming such compensation, require satisfactory proof that such person is justly entitled thereto. Sec. 7. Except in cases of smuggling as aforesaid, it shall not be lawful for any officer of the United States, under any pre- tense whatever, directly or indirectly, to receive, accept, or contract for any ijortion of the money which may, under any of the provisions of this or any other act, accrue to any such person furnishing information; and any such officer who shall so receive, accept, or contract for any portion of the money that may accrue as aforesaid shall be guilty of a misdemeanor, and, on conviction thereof, shall be liable to a fine not exceeding five thousand dollars, or imprison- ment for not more than one year, or both, in the discretion of the court, and shall not be thereafter eligible to any office of honor, trust, or emolument. And any such person so furnishing information as afore- said, who shall pay to any such officer of the United States, or to any person for his use, directly or indirectly, any por- tion of said money, or any other valuable thing, on account of or because of such money, shall have a riglit of action against such officer or other person, and his legal repre- sentatives, to recover back the same, or the value thereof. Sec.8. No officer, or other person entitled to or claiming com- pensation under any provision of this act, shall be thereby discpialified from becoming a witness in any action, suit, or i^roceeding for the recovery, mitigation, or remission thereof, but shall be subject to examination and cross- examination in like manner with other witnesses, without PART XIV. — CUSTOMS LAWS RELATING TO VESSELS. 159 being thereby deprived of any right, title, vsharo, or interest in any tine, penalty, or forfeitnre to which such examination may relate; and in every such case the deleudant or defend- ants may appear and testily and be examined and cross- examined in lilce manner. 186. Procedure. In all suits and proceedings other than criminal arising Jnne22,i874. under any of the revenue-laws of the United States, the ^''*'" attorney representing the Government, whenever, in his belief, any business book, invoice, or pai)er, belonging to or under the control of the defendant or claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book, invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its discretion, issue a notice to the defendant or claimant to produce such book, invoice, or paper in court, at a day and hour to be specitied in said notice, which, together with a copy of said motion, shall be served formally on the defendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original notices of suit in the same court are served; and if the defendant or claimant shall fail or refuse to produce such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as con- fessed unless his failure or refusal to produce the same shall be explained to the satisfaction of the court. And if pro- duced, the said attorney shall be permitted, under the direction of the court, to make examination (at which examination the defendant or claimant, or his agent, may be present) of such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may offer the same in evidence on behalf of the United States. But the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid. It shall be the duty of any officer or person employed in secis. the customs revenue service of the United States, upon detection of any violation of the customs laws, forthwith to make complaint thereof to the collector of the district, whose duty it shall be promptly to report the same to the district attorney of the district in which such frauds shall be committed. Immediately upon the receipt of such com- plaint, if, in his judgment, it can be sustained, it shall be the duty of such district attorney to cause investigation into the facts to be made before a United States commis- sioner having jurisdiction thereof, and to initiate i)roi)er proceedings to recover the fines and penalties in the ])rem- ises, and to prosecute the same with the utmost diligence to final judgment. Whenever, for an alleged violation of the customs- sec.n. revenue laws, any person who shall l)e charged with liav- ing incurred any fine, penalty, forfeiture, or disability 160 PART XIV, — CUSTOMS LA.WS RELATING TO VESSELS. other than iinprisoiimeut, or shall be interested in any vessel or merchandise seized or subject to seizure, when the appraised value of such vessel or merchandise is not less than one thousand dollars, shall jireseiit his petition to the Judge of the district in which the alleged violation occurred, or in which the ])ioperty is situated, setting forth, truly and ])articularly, the facts and circumstances of the case, and i)raying for relief, su(;h judge shall, if the case, in his Judgment, requires, ])roceed to in(]uire, in a summary manner into the circumstaiu-es of the case, at such reason- able time as may be fixed by him for that i)uriiose, of which the district attorney and tlie collector shall be notified by the petitioner, in order that they may attend and show cause why the i)etition should be refused. Sec. 18. The summary investigation hereby provided for may be held before the Judge to whom the ])etition is jiresented, or if he shall so direct, before any United States commis- sioner for such district, and the facts appearing thereon shall be stated and annexed to the petition, and, together with a certified copy of the evidence, transmitted to the Secretary of tlie Treasury, who shall thereupon have power to mitigate or remit such fine, penalty, or forfeiture, or remove such disability, or any part thereof, if, in his opinion, the same shall have been incurred without willful Jiegli- gence or any intention of fraud in the person or persons incurring the same, and to direct the ])rosecution, if any shall have been instituted for the recovei y thereof, to cease and be discontinued upon such terms or conditions as he may deem reasonable and just. Sec. 19 It shall not be lawful for any officer or officers of the United States to compromise or abate any claim of the United States arising under the customs laws, for any fine, penalty, or forfeiture incurred by a violation thereof; and any officer or person who shall so comi)romise or abate any such claim, or attempt to make such compromise or abate- ment, or in any manner relieve or attempt to relieve from such fine, penalty, or forfeiture, shall be deemed guilty of a felony, and, on conviction thereof, shall suffer imprisonment not exceeding ten years, and be fined not exceeding ten thousand dollars. Jan. 22, 1875. Nothing iu this section shall be construed to affect any authority, power, or right which might theretofore have been lawfully exercised by any court, judge, or district attorney of the United States to obtain the testimony of an accomplice in any crime against, or fraud upon the customs revenue laws, on any trial or proceeding for a fine, penalty, or forfeiture under said laws, by a discontinuance or dismissal, or by an engagement to discontinue or dismiss any proceedings against such accom[)lice. jiine22, 1874. Provided, hoicever, That the Secretary of the Treasury Sec. 19. shall have power to remit any fines, lieualties, or forfei- tures, or to compromise the same, in accordance with exist- ing law. Sec. 20. Whenever any application shall be made to the Secretary of the Treasury for the mitigation or remission of any fine, PART XIV. CUSTOMS LAWS KELATlNc; TO VESSELS. 161 penalty, or forfeiture, or the refund of any duties, in case the amount involved is not less tliau one thousand dollars, the applicant shall notify tlie district attorney and the col- lector of customs of the district in which the duties, fine, penalty, or forfeiture accrued; and it shall be the duty of such collector and district attorney to furnish to the Sec- retary of the Treasury all ])racticable information neces- sary to enable him to protect the interests of the United States. 187. Limitation of time. Whenever any goods, wares, and merchandise shall June 22, 1874. have been entered and passed free of duty, and whenever ^'^''-^i- duties ni>on any imported goods, wares, and merchandise shall have been liquidated and paid, and such goods, wares, and merchandise shall have been delivered to the owner, importer, agent, or consignee, such entry and passage free of duty and such settlement of duties shall, after the expi- ration of one year from the time of entry, in the absence of fraud and in the absence of protest by the owner, im- porter, agent, or consignee, be final and conclusive upon all parties. No suit or action to recover any pecuniary penalty or for- Sec. 22. feiture of property accruing under the customs revenue laws of tlie United States shall be instituted unless such suit or action shall be commenced within three years after the time when such i^eualty or forfeiture shall have accrued : Provided^ That the time of the absence from the United States of the person subject to such penalty or forfeiture, or of any concealment or absence of the property, shall not be reckoned within this period of limitation. 188. Bonded warehouses. The Secretary of the Treasury shall, from time to time, June 22,1874. make such regulations as he may deem necessary for the ^^-"^^ conduct and management of the bonded warehouses, gen- eral-order stores, and other dejiositories of the imported merchandise throughout the United States; all regulations or orders issued by collectors of customs in regard thereto shall be subject to revision, alteration, or revocation by him; and no warehouse shall be bonded and no general- order store established without his authority and approval. And it shall be the duty of the Secretary of the Treasury, in granting permits to establish general-order warehouses, to require such warehouse or warehouses to be located con- tiguous, or as near as may be, to the landing i)laces of steamers and vessels from foreign ports; and no officer of the customs shall have any personal ownership of, or interest in, any bonded warehouse or general-order store. Public cartage of merchandise in the custody of the Government shall be let after not less than thirty days' notice of such letting to lowest responsible bidder giving sufficient security, and shall be subject to regulations approved by the Secretary of the Treasury. NAV 99, PT 2 11 Sec. 25. 162 PART XIV. CUSTOMS LAWS RELATING TO VESSELS. 189, Oaths of masters and owners. K. s.,3094. Nothing contained in this Title [E. S., 2517-3094] shall be construed to exempt the masters or owners of vessels from making and subscribing- any oaths required by any laws of the United States not immediately relating to the collection of the duties on the importation of merchandise into the United States. Part XV.— ENTRY OF MEKCIIANDISE. 190. Definitions. 191. Ports of entry. 192. Vessels bound to port of delivery. 193. Report and declaration of master. 194. Special inward manifest for Treas- ury Department. 195. Cargo in bulk. 196. Bond of cargo for re-export. 197. Inspection of merchandise laden for export. 198. Transfer of imported merchandiser for export. 199. Delivery of cargo in various dis- tricts. 200. Owner's or consignee's entry of mer- chandise. 201. Vessels exempt from entry. 202. Vessels exempt from certain charges. 203. Entry of wines and distilled spirits. 204. Sea-stores. 205. Coal. 206. Baggage of passengers. 207. 15aggage and tools of trade. 208. Marks, brands, and trade-marks. 209. Cigars. 210. Oaths. 211. Inward manifests. 212. Inspection of inward manifest by boarding officer. 213. Entry of merchandise at special ports. 214. Clearance at special ports. 215. Entry of merchandise for diflFerent port of destination. 216. Comparison of cargo and manifest. 217. Collection of duties. 218. Permit to deliver. 219. Preliminary entry and unlading. 220. Illegal unlading.' 221. Special permit to unlade by night. 222. Unlading by day. 223. Supervision of unlading. 224. Limit of time for unlading. 225. Weighing, gauging, and measuring. 226. Unlading of wine and spirits. 227. Post entry. 228. Returns of unlading of cargo. 229. Vessels in distress. 230. Obstruction by ice. 231. Unlawful removal of bonded mer- chandise. 232. Transportation in bond. 233. Transportation to special ports. 234. Immediate delivery. 235. Immediate transportation. 236. Salvage of nuirchandise. 237. Bond of firm or jiartiiership. 238. Refund of customs duties. 239. Fraudulent importation of mer- chandise. 240. Bribery and solicitation of bribes. 241. Express packages. 242. Liens for freight or general avcr- 190. Definitions. The word "merchandise," as used ia this Title [E. S., ks,2766. 2517-3129], may include goods, wares, and chattels of every description capable of beiug imported. The word "port," as used in this Title [R. S., 2517-3129], may include any place from which merchandise can be shipped for importation, or at which merchandise can be imported. The word "master," as used in this Title fK. S., 2517- 3120], may include any person having the chief charge or command of the employment and navigation of a vessel. In cases where the forms of official documents, as i)re- scribed by this Title [K. S., 2517-3120], shall be substan- tially complied with and observed, according to the true intent thereof, no penalty or forfeiture shall be incurred by a deviation therefrom. 163 K.S.,2767. U. S., 2768. U. .S., 2709. 164 PART XV. ENTRY OF MERCHANDISE. 191. Ports of entry. R.s.,2770. It shall not be lawful to make entry of any vessel which shall arrive within the United States, from any foreign port, or of the cargo on board such vessel, elsewhere than at one of the ports of entry designated in chapter one [R. S., 2517-2G121 of this Title [Vi. S., 2517-3129]; nor to unlade the cargo, or any part thereof, elsewhere than at one of the ports of delivery therein designated, except that every port of entry shall be also a port of delivery. This section shall not prevent the master or commander of any vessel from making entry with the collector of any district in which such vessel may be owned, or from which she may have sailed on the voyage from which she shall then have returned. [For list of ports of entry and delivery see paragraph 430.] K.s. 2771. Vessels which are not vessels of the United States shall be admitted to unlade only at jiorts of entry established by law ; and no such vessel shall be admitted to make entry in any other district than in the one in which she shall be admitted to unlade. 192. Vessels bound to port of delivery. R.s.,2772. The master of every vessel bound to a port of delivery only, in any district, shall first come to at the port of entry of such district, with his vessel, and there make report and entry in Avriting, and pay all duties required by law, port fees and charges, before such vessel shall proceed to her port of delivery. Any master of a vessel who shall pro- ceed to a port of delivery contrary to such directions shall be liable to a jienalty of five hundred dollars, to be recov- ered with costs of suit. 193. Report and declaration of master. K.s.,2774. Within twenty-four hours after the arrival of any vessel, from any foreign port, at any port of the United States established by law, at which an officer of the customs resides, or within any harbor, inlet, or creek thereof, if the hours of business at the office of the chief officer of the customs at such port will permit, or as soon thereafter as such hours will permit, the master shall repair to such office, and make report to the chief officer, of the arrival of the vessel; and he shall, within forty-eight hours after such arrival, make a further report in writing, to the col- lector of the district, which report shall be in the form, and shall contain all the particulars required to be inserted in, and verified like, a manifest. Every master who shall neglect or omit to make either of such reports and declar- ations, or to verify any such declaration as required, or shall not fully comjily with the true intent and meaning of this section, shall, for each offense, be liable to a penalty of one thousand dollars. B. s., 2775. The master of any vessel having on board distilled spirits, or wines, shall, within forty-eight hours after his arrival, PART XV. ENTRY OF MERCHANDISE. 16^ whether the same be at the first port of arrival of such vessel or uot, in addition to the recjuireinents of the pre- ceding section, report in writing- to the surveyor or officer acting as inspector of the revenue of the port at which he has arrived, the foreign port from which he last sailed, the Dame of his vessel, his own name, the tonnage and denomi- nation of such vessel, and to what nation belonging, to- gether with the quantity and kinds of spirits and wines, on board of the vessel, particularizing the number of casks, vessels, cases, or otlier packages containing the same, with their marks and numbers, as also the quantity and kinds of spirits and wines, on board su(di vessel as sea-stores, and in default thereof he shall be liable to a penalty of live hundred dollars and any spirits omitted to be reported shall be forfeited. If any vessel, having arrived within the limits of any col- ^ ^•' ^'^s. lection-district, from any foreign port, departs, or attempts to depart from the same, unless to proceed on her way to some more interior district to which she may be bound, before report or entry shall have been made by the master with the collector of some district, the master shall be liable to a penalty of four hundred dollars; and any collector, naval officer, surveyor, or commander of any revenue cutter may cause such vessel to be arrested and brought back to the most convenient port of the United States. If, how- ever, it is made to appear by tlie oath of the master, and of the person next in command, or by other sufficient proof to the satisfaction of the collector of the district within which such vessel shall afterward come, or to the satisfaction of the court in which the prosecution for such penalty maybe had, that the departure or attempt to depart was occa- sioned by stress of weather, pursuit or duress of enemies, or other necessity, the penalty imposed by this section shall not be incurred. 194. Special inward manifest for Treasury Department Each master of a vessel arriving in the United States Mar. 2,1895. from a foreign port except vessels carrying traffic in bond s.c. 9. on transfer ferries shall, immediately upon landing and before entering his vessel at the custom-house, mail to the Auditor for the Treasury Department, Washington, a true copy of the manifest of his vessel, and shall on entering his vessel make affidavit that he has mailed such copy and that the same is true and correct; and he shall also mail to the said Auditor a true copy of the corrected manifest filed on any post entry of his vessel. Any master who neglects or refuses to mail to the Auditor the required copy of the original or corrected manifest shall be subject to the same fines and penalties fixed by law for his failure to deliver the manifest of his vessel to the collector: Provided., That this section shall not apply to ports where there is a naval officer. 195. Cargo in bulk. Vessels arriving at a port of entry in the United States, r. s.. 2776. laden with coal, salt, railroad iron and other like articles in Jimoat;, i884. bulk may proceed to places within that collection district ^'"'- ^®- 166 PART XV. ENTRY OF MERCHANDISE. to be specially designated by the Secretary of the Treas- ury by general regulations or otherwise, under the superin- tendence of customs officers, at the expense of the parties interested, for the purpose of unlading cargoes of the char- acter before mentioned. 196. Bond of cargo for re-export -R. s., 277G. ^jjy vessel may proceed with any merchandise brought in her, and, in the manifest delivered to the collector of the customs, reported as destined for any foreign port, from the district within which such vessel shall first arrive to such foreign x>ort without paying or securing the payment of any duties upon such merchandise as shall be actually re exported in the vessel. But the manifest so declaring to re-export such merchandise shall be delivered to such collector within forty-eight hours after the arrival of the vessel. And the master of such vessel shall give bond as required by the next section. R.S..2777. The master of any vessel so destined for a foreign port shall give bond, with one or more sureties, in a sum equal to the amount of the duties upon the merchandise, as the same shall be estimated by the collector and naval officer of the port where the report shall be made, to the satis- faction of the collector, with condition that the merchandise, or any part thereof, shall not be lauded within the United States, unless due entry thereof shall have been first made and the duties thereupon paid, according to law. Such bond shall be taken for the same period, and canceled in like manner, as a bond given for obtaining drawback of duties. 1^0 such bond shall be required in respect to mer- chandise on board of any vessel which has put into the United States from a necessity, shown as prescribed in section twenty-seven hundred and seventy-three. K. s. 2778. The collector receiving any bond conditioned for the pay- ment of duties upon merchandise reported as destined for a foreign port, in case the same shall be landed within the United States, or any other bonds taken upon the exi)orta- tion of merchandise entitled to drawback, shall immediately after the time when by the conditions of the same they ought to be canceled, put the same in suit, provided the proof of the occurrence of such a necessity as excuses a landing of such goods within the United States has not been produced, or further time granted therefor by the Secretary of the Treasury. 197. Inspection of merchandise laden for export. PwS,3n:i5. The collector shall direct the surveyor, where any, to inspect, or cause to be inspected, the merchandise notified for exportation, and if it is found to correspond fully with the notice and proof concerning the same, the collector, together with the naval officer, if any, shall grant a permit for lading the same on board of the vessel named in such notice and entry. Such lading shall be performed under the superintendence of the officer by whom the same has PART XV — p:ntry of merchandise. 167 been so inspected; and the exporter shall make oath that the merchandise, so noticed for exportation, and hiden on board such vessel, previous to the clearance thereof, or within ten days after such clearance, is truly intended to be exported to the place whereof notice has been given, and is not intended to bo relanded within the United States; otherwise the merchandise shall not be entitled to the benefit of drawback. R. S., 303«. R.S.,2779. 198. Transfer of imported merchandise for export All merchandise imported into the United States, the duties on which have been paid, or secured to be paid, may be transported by land, or partly by land and partly by water, or coastwise, from the district into which it was imported to any port of entry and exported from such port of entry with the benefit of drawback. 199. Delivery of cargo in various districts. Any vessel in which any merchandise is brought into the United States from any foreign port, and which is specified in the manifest veritied before the collector of the port in which such vessel first arrives, to be destined for other dis- tricts, may proceed with the same from district to district within the United States, in order to the landing or delivery thereof; and the duties on such of the merchandise only as shall be landed in any district shall be paid within such district. Before any vessel departs from the district in which she k.s.,278o. shall first arrive for another district, provided such depar- ture is not within forty-eight hours after her arrival within such district, with merchandise brought in such vessel from a foreign port on which the duties have not been paid, the master shall obtain from the collector of the district from which she is about to depart, who is hereby required to grant the same, a copy of the report and manifest made by such master, certified by the collector, to which copy shall be annexed a certificate of the quantity and particulars of the merchandise which appears to him to have been landed within his district, or of the quantity and particulars of the merchandise which remains on board and upon which the duties are to be paid in some other district. Within twenty-four hours after the arrival of such vessel ^^ ^•' 2'^^- within any other district, the master shall make report or entry to or with the collector of such other district, pro- ducing and showing the certified copy of his first report, together with a certificate from each collector of any other district within which any of the merchandise, brought in such vessel, has been landed, of the quantity and particu- lars of such merchandise as has been landed in each district respectively. The master shall, however, first give bond, with one or iis..2782. more sureties, to the satisfaction of the collector of the dis- trict within which the vessel first arrives, in a sum equal to the amount of the duties on the residue of the merchandise, 168 PART XV. ENTRY OF MERCHANDISE. according to such estimate as the collector shall form thereof, with condition that the residue of such merchan- dise shall be duly entered and delivered in another district for which the same has been reported to be destined. K.s.,2783. The bond shall be canceled or discharged within six cal- endar months from the date thereof, by the production of certificates from the collectors of the districts for which the merchandise has been rei)orted, showing the due entry and delivery of the merchandise in such districts, or upon due proof to the satisfaction of the collector by whom the bond was taken, and to the naval officer of the port, if any, that such entry and delivery were prevented by some unavoid- able accident or cavsualty, and if the whole or any part of the merchandise has not been lost, that it has been duly entered and delivered within the United States. E.s.,2784. If the master of any such vessel fails by his neglect or fault to obtain the copy of his report from the collector of the district from which he is about to depart, or any certifi- cate which he ought to obtain, or neglects to exhibit the same to the collector of any other district to which the ves- sel afterward proceeds, within the time for that purpose allowed, he shall be liable to a penalty, for every such neg- lect or omission, of five hundred dollars. 200. Owner's or consignee's entry of merchandise. U.S., 2785. The owner or consignee of any merchandise on board of any such vessel, or, in case of his absence or sickness, his known agent or factor in his name, shall, within fifteen days after the report of the master to the collector of the district for which such merchandise shall be destined, make entry thereof in writing with the collector, and shall in such entry specify the name of the vessel and of her master, in which, and the port or place from which such merchandise was imported, the particular marks, numbers, denomina- tion, and prime cost, including charges of each particular package or parcel whereof the entry shall consist, or, if in bulk, the quantity, quality, and prime cost, including charges thereof, particularly specifying the species of money in which the invoices thereof are made out. Such entry shall be subscribed by the person making it, if the owner or consignee, in his own name, or, if another person, in his name as agent or factor, for the owner or consignee. The person making such entry shall also produce to the col- lector and naval officer, if any, the original invoices of the merchandise, or other documents received in lieu thereof, or concerning the same, in the same state in which they were received, with the bills of lading for the same; which invoices shall be signed by the persons in the offices of the collector and naval officer who have compared and exam- ined them. R.s.,2786. The entries to be made by any importer, consignee, or agent, under the preceding section, shall be verified by the oath of the person making the same. R.s.,2787. Whenever any entry is made with the collector of any district, of merchandise imported into the United States PART XV. — ENTRY OF MERCHANDISE. 169 subject to duty, by any iij:eiit, factor, or persoD, other than the person to whom it l)ek)n«>\s, or to whom it is ultimately consigned, tlie collector shall take a bond with surety from such agent, lactor, or i)erson, in the i)enal sum of one thousaiul dollars, with condition that the actual owner or consignee of such merchandise shall deliver to the collector a full and correct account of the merchandise imported by him, or for him on his own account, or con- signed to his care, in the same manner and form as reiiuired in respect to an entry previous to the landing of merchan- dise; which account shall be verified by a like oath, as in the case of an entry, to be taken and subscribed before any judge of the United States, or the judge of any court of record of a State, or before any collector of the customs. In case of the payment of the duties at the time of entry, by any factor or agent, on the merchandise entered by him, the condition of the bond shall be to produce the account of the i)roper owner, or consignee, verified in manner as before directed, within ninety days from the date of such bond. Where the particulars of any merchandise are unknown, Rs.,2788. in lieu of the entry prescribed by section twenty-seven hundred and eighty-five, an entry thereof shall be made and received according to the circumstances of the case; the party making the same declaring u]jon oath all that he knows or believes concerning the quality and particulars of the merchandise, and that he has no other knowledge or information concerning the same. Whenever an entry of merchandise is imperfect, for want ^<- '^■< 2789. of invoices, bills of lading, or for any other cause, the col- lector shall take the merchandise into his custody, until the quantity, quality, or value thereof, as the case may require, can be ascertained. 201. l/esse/s exempt from entry. It shall not be necessary for the master of any vessel of Ks.,2791. war, or of any vessel employed by any prince, or state, as a public packet for the conveyance of letters and dispatches, and not i)ermitted by the laws of such prince or state to be employed in the transportation of merchandise, in the way of trade, to make report and entry. Vessels used exclusively as ferryboats carrying passen- K.s.,2792. gers, baggage, and merchandise, shall not be requited to enter an(l clear, nor shall the masters of such vessels be required to present manifests, or to pay entran(;e or clear- ance fees, or fees for receiving or certifying manifests, but they shall, upon arrival in the United States, be required to report su(;h baggage and merchandise to the proper officer of the customs according to law. 202. Vesse/s exempt from certain charges. Enrolled or licensed vessels engaged in the foreign and R.s.,2793. coasting trade on the northern, northeastern and north- western frontiers of the United States, departing from or 170 PART XV. ENTRY OF MERCHANDISE. arriviug at a port iu one district to or from a port in another district, and also touching at intermediate foreign ports, shall not thereby become liable to the payment of entry and clearance fees, or tonnage tax, as if from or to for- eign ports; but such vessels shall, notwithstanding, be required to enter and clear. 203. Entry of wines and distilled spirits. R. s.,2794. Every importer of distilled spirits or wines, or person to whom distilled spirits or wines are consigned, shall make a separate and additional entry thereof, specifying the name of the vessel, and her master, in which, and the place from which, such spirits or wines were imported, together with the quantity and quality thereof, and a particular detail of the casks or receptacles containing the same, with their marks and numbers; such entry shall be subscribed by the person making the same, for himself, or in behalf of the i)erson to whom such entry is made, and shall be certi- fied by the collector, before whom it is made, as a true copy, and conformable to the general entry before directed, in respect to all distilled spirits and wines therein con- tained; such entry thus certified shall be transmitted to the surveyor or officer acting as inspector of the revenue for the port where it is intended to commence the delivery of such spirits or wines. 204. Sea-stores. R. s., 2795. In order to ascertain what articles ought to be exempt from duty as the sea stores of a vessel, the master shall particularly specify the articles, in the report or manifest to be by him made, designating them as the sea-stores of such vessel ; and in the oath to be taken by such master, on making such report, he shall declare that the articles so specified as sea-stores are truly such, and are not intended by way of merchandise or for sale; whereupon the articles shall be free from duty. R. s., 2796. Whenever it appears to the collector to whom a report and manifest of sea stores are delivered, together with the naval officer, where there is one, or alone, where there is no naval officer, that the quantities of the articles, or any part thereof, reported as sea-stores, are excessive, the col- lector, jointly with the naval officer, or alone, as the case may be, may in his discretion estimate the amount of the duty on such excess; which shall be forthwith paid by the master, to the collector, on j)ain of forfeiting the value of such excess. R. s., 2797. jf any other or greater quantity of articles are found on board such vessel as sea stores than are specified in an entry of sea stores, or if any of the articles are landed without a permit first obtained from the collector, and naval officer if any, for that purpose, all such articles as are not included in the report or manifest by the master, and all which are lauded without a permit, shall be for- feited, and may be seized ; and the master shall moreover PART XV. ENTRY OF MERCHANDISE. 171 be liable to a penalty of treble the value of the articles omitted or landed. Sea stores and the legitimate equipment of vessels be- Mar. 3. 1897. longing to regular lines plying between foreign ports and ^'c n. the United States delayed in port for any cause may be transferred in such port of the United States under the sui)ervision ot the customs oflicers from one vessel to another vessel of the same owner without i)ayment of duties, but duties must be paid on such stores or ecjuipments landed for consumption, excej^t American products. 205. Coal. The master of any vessel ])ropelled by steam, arriving at R.s.,2798. any port in the United States, may retain all the coal such vessel may have on board at the time of her arrival, and may proceed with such coal to a foreign port, without being required to land the same in the United States, or to pay any duty thereon. 206. Baggage of passengers. Any baggage or personal effects arriving in the United r. s.,2803. States in transit to any foreign country may be delivered •Iuik' 10, isoo. by the parties having it in charge to the collector of the ^*"' ''■''*■ l)roper district, to be by him retained, without the payment or exaction of any import duty, or to be forwarded by such collector to the collector of the port of dei)arture and to be delivered to such parties on their departure for their foreign destination, under such rules and regulations as the Sec- retary of the Treasury may prescribe. 207. Baggage and fools of trade. In order to ascertain what articles ought to be exempted R. s.,2799. as the wearing apparel, and other personal baggage, and the tools or implements of a mechanical trade only, of per- sons who arrive in the United States, due entry thereof, as of other merchandise, but separate and distinct from that of any other merchandise, imported from a foreign port, shall be made with the collector of the district in which the articles are intended to be landed by the owner thereof, or his agent, expressing the ])ersons by whom or for whom such entry is made, and particularizing the several pack- ages, and their contents, with their marks and numbers; and the person w^ho shall make the entry shall take and subscribe an oath before the collector, declaring that the entry subscribed by him and to which the oath is annexed contains, to the best of his knowledge and belief, a just and true account of the contents of the several packages mentioned in the entry, specifying the name of the vessel, of her master, and of the port from which she has arrived; and that such packages contain no merchandise whatever other than wearing apparel, personal baggage, or, as the case maybe, tools of trade, specifying it; that they are all the property of a person named who has arrived, or is shortly expected to arrive in the United States, and arc 172 PART XV. ENTRY OP MERCHANDISE. not directly or indirectly imported for any other, or intended for sale. R.s.,2800. Whenever the person making entry of any articles as wearing apparel, personal baggage, tools, or implements, is not the owner of them, he shall give bond with one or more sureties, to the satisfaction of the collector, in a sum equal to the duties on like articles imported subject to duty, upon the condition that the owner of the articles shall, within one year, personally make an oath such as is prescribed in the preceding section. K.s.,2801 Oi, compliance with the two preceding sections, and not otherwise, a permit shall be granted for lauding such articles. But whenever the collector and the naval officer, if any, think proper, they may direct the baggage of any person arriving within the United States to be examined by the surveyor of the port, or by an inspector of the cus- toms, who shall make a return of the same; and if any articles are contained therein which in their opinion ought not to be exempted from duty, due entry of them shall be made and the duties thereon paid. R. s., 2802. Whenever any article subject to duty is found in the bag- gage of any person arriving within the United States, which was not, at the time of making entry for such bag- gage, mentioned to the collector before whom such entry was made, by the person making entry, such article shall be forfeited, and the person in whose baggage it is found shall be liable to a penalty of treble the value of such article. R.s.,2803. Any baggage or personal effects arriving in the United States, in transit to any foreign country, may be delivered by the parties having it in charge to the collector of the proper district, to be by him retained without the payment or exaction of any import duty, and to be delivered to such parties on their departure for their foreign destination, under such rules, regulations, and fees as the Secretary of the Treasury may prescribe. 208. Marks, brands, and trade-marks. Aug.28,]894. All articles of foreign manufacture, such as are usually Jui^24 1897 ®^ ordinarily marked, stamped, branded, or labeled, and all secfs. packages containing such or other imported articles, shall, respectively, be plainly marked, stamped, branded, or labeled in legible English words, in a conspicuous place, so as to indicate the country of their origin and the quan- tity of their contents; and until so marked, stamped, branded, or labeled they shall not be delivered to the importer: should any article of imported merchandise be marked, stamped, branddl, or labeled so as to indicate a quantity, number, or measurement in excess of the quan- tity, number, or measurement actually contained in such article, no delivery of the same shall be made to the importer until the mark, stamp, brand, or label, as the case maybe, shall be changed so as to conform to the facts of the case. PART XV — ENTRY OF MERCHANDISE. 173 Ko article of imported merchandise which shall copy or auj:- 28.1894. simulate the name or trade-mark of any domestic manu- j'„7 -4 1897 facture or manufacturer, or which shall bear a name or soc!ii. mark, which is calculated to induce the public to believe that the article is manufactured in the United States, shall be admitted to entry at any custom-house of the United States. And in order to aid the otiicers of the customs in enforcing this prohibition any domestic manufacturer who has adopted trade marks may require his name and resi- dence and a description of his trade-marks to be recorded ill books which shall be kept for that purpose in the Dei^art- ment of the Treasury under such regulations as the Secre- tary of the Treasury shall i)rescribe, aud may furnish to the Department facsimiles of such trade-marks; and there- upon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of the customs. K. S., 2804. 209. Cigars. No cigars shall be imported unless the same are packed in boxes of not more than five hundred cigars in each box; and no entry of any imported cigars shall be allowed ot" less quantity than three thousand in a single package; and all cigars on importation shall be placed in public store or bonded warehouse, aud shall not be removed therefrom until the same shall have been inspected and a stamp affixed to each box indicating such inspection, and ^'"s 2«,i894. also a serial number to be recorded in the custom-house. ^'^^'•-*^- And the Secretary of the Treasury is hereby authorized to provide the requisite stamps, and to make all necessary regulations for carrying the above provisions of law into effect. 210. Oaths. All oaths to be taken upon making of any of the reports k. s., 280.'). or entries, or respecting any of the acts mentioned in this chapter [R. S. 27G6-28G6], whether by a master of any ves- sel, or the owner or consignee of any merchandise, his factor or agent, or by any other i)erson, shall be administered by the collector, or officer to or with whom the report or entry is made, and shall be reduced to writing, and subscribed by the person taking and by the person administering the oath. And such clerks and inspectors of customs as the Secre- sopt. 30, isoo. tary of the Treasury may designate for the purpose shall be authorized to administer oaths, such as deputy collectors of customs are now authorized to administer, and no com- pensation shall be paid or charge made therefor. 211. Inward manifests. No merchandise shall be brought into the United States, R- s., 28O6. from any foreign port, in any vessel unless the master has on board manifests in writing of the cargo, signed by such master. 174 PART XV. ENTRY OF MERCHANDISE. R. s., 2807. Every manifest required by the preceding section shall contain : First. Tl^e name of the ports where the merchandise in such manifest mentioned were taken on board, and the ports within the United States for which the same are des- tined; particularly noting the merchandise destined for each port respectively. June 3, 1892. Provided, however, That the master of a vessel laden exclusively either with sugar, coal, salt, hides, dyewoods, wool, or jute butts, consigned to one consignee, arriving at a port for orders, may be permitted to destine such cargo or determine its disj)osition "for orders," upon entering the vessel at the custom-house, and, within fifteen days after- ward and before the unloading of any part of the cargo, to amend the manifest by designating the actual port of dis- charge of such cargo : Provided further, That in the event of failure to desig- nate the port of discharge within fifteen days such cargo must be discharged at the port wliere the vessel entered. R.s.,2807. Second. The name, description, and build of the vessel; the true admeasurement or tonnage thereof; the port to which such vessel belongs; the name of each owner, accord- ing to the register of the same; and the name of the master of such vessel. Third. A just and particular account of all the merchan- dise, so laden on board, whether in packages or stowed loose, of any kind or nature whatever, together with the marks and numbers as marked on each package, and the number or quantity and description of the i^ackages in words at length, whether leaguer, pipe, butt, puncheon, hogshead, barrel, keg, case, bale, pack, truss, chest, box, band-box, bundle, parcel, cask, or package, of any kind or sort, describing the same by its usual name or denomi- nation. Fourth. The names of the persons to whom such pack- ages are respectively consigned, agreeably to the bills of lading signed for the same, unless whf^n the goods are con- signed to order, when it shall be so expressed in the manifest. Fifth. The names of the several passengers on board the vessel, distinguishing whether cabin or steerage passen- gers, or both, with their baggage, specifying the number and description of packages belonging to each respectively. Sixth. An account of the sea-stores remaining, if any. R.s.,2808. If merchandise shall be imported, destined to be deliv- ered in different districts or ports, the quantities and packages so destined to be delivered shall be inserted in successive order in the manifest; and all spirits and wines constituting the whole or any part of the cargo of any ves- sel shall also be inserted in successive order, distinguish- ing the ports to which the same may be destined, and the kinds, qualities, and quantities thereof. R. s., 2809. If any merchandise is brought into the United States in any vessel whatever from any foreign port without having such a manifest on board, or which shall not be included or described in the manifest, or shall not agree therewith, PART XV. ENTRY OF MERCHANDISE. 175 the master shall be liable to a penalty equal to the value of such merchandise not included in such manifest ; and all such merchandise not included in the nianitest belonging or consigned to the master, unite, oHicers, or crew of such vessel, shall be forfeited. Whenever it is ujade to appear to the satisfaction of the i^ ^•■28io. collector, naval officer, and surveyor, or to the major part of them, where those ollicers are established at any port, or to the satisfaction of the collector alone, where either of the other of the oiticers is not established, or to the satisfaction of the court in which a trial shall be had con- cerning such forfeiture, that no part of the cargo of any vessel without proper manifests was unshipped, after it was taken on board, except such as shall have been particularly specified and accounted for in the reportof the master, and that the manifests have been lost or mislaid, without fraud or collusion, or were defaced by accident, or became incor- rect by mistake, no forfeiture or penalty shall be incurred under the i^receding section. 212. Inspection of inward manifests by boarding officer. Every master of any vessel laden with merchandise, and k.s.,28ii. bound to any port in the United States shall, on his arrival within four leagues of the coast thereof, or within any of the bays, harbors, ports, rivers, creeks, or inlets thereof, upon demand, produce the manifests in writing, which such master is required to have on board his vessel, to such officer of the customs as first comes on board his vessel, for inspection, and shall deliver to such ofticer true copies thereof, which copies shall be provided and sub- scribed by the master, and the officer to whom the original manifests have been produced shall certify upon the back thereof that the same were produced, and the day and year on which the same were so produced, and that such copies were to him delivered and by him examined with the original manifest; and shall likewise certify upon the back of such copies the day and year on which the same were delivered, and shall forthwith transmit such copies to the respective collectors of the several districts, to which the goods by such manifests appear respectively to be consigned. The master of any such vessel shall in like manner pro- t^ s.,2812. duce to the officer of the customs who first comes on board such vessel, upon her arrival within the limits of any col- lection-district in which the cargo, or any i)art thereof, is intended to be discharged or landed, for his inspection, such manifest; and shall also deliver to him true copies thereof, such copies also to be provided and subscribed by the master, the production of which manifests and the delivery of which copies shall also be certified by the officer of the customs, ujjon the back of the original man- ifests, with the particular day and year when such mani- fests were produced to such officer, and when he so received the copies thereof ; and such officer is required forthwith 176 PART XV. ENTRY OF MERCHANDISE. to transmit the copies of the manifest to the collector of the district; and the master shall afterward deliver the original manifests so certilied to the collector. When any manifest shall be produced, upon which there shall be no certificate from any otticer of the customs as before men- tioned, the master producing tlie same shall be required to make oath that no officer has applied for, and that no indorsement has taken place on, any manifest of the cargo of such vessel. R.s.,2813. rj^Y^Q mastcr of any such vessel shall not be required to make delivery of more than one copy of each manifest to the officer who shall first come on board of such vessel, within four leagues of the coast of tlie United States, and one other copy to such officer as shall first come on board within the limits of any collection-district, for which the cargo of such vessel, or some part thereof, is destined, nor to make delivery of any such copy to any other officer; but it shall be sufficient, in respect to any such other officer, to exhibit to him the original manifests and the certificates thereupon. R. s.,28u. If the master of any vessel laden with merchandise, and bound to any port in the United States, fails upon his arrival within four leagues of the coast thereof, or within the limits of any collection-district, where the cargo of such vessel, or any part thereof, is intended to be dis- charged, to produce such manifests as are heretofore required, in writing, to the proper officer upon demand therefor, or to deliver such copies thereof, according to the directions of the preceding sections, or if he fails to give an account of the true destination of the vessel, which he is hereby required to do, upon request of such officer, or gives a false account of such destination, in order to evade the production of the manifests, the master shall for every such neglect, refusal, or offense, be liable to a penalty of not more than five hundred dollars. If any officer first coming on board, in each case, shall neglect or refuse to certify on the back of such manifests the production thereof, and the delivery of such copies respectively as are directed to be delivered to such officer, such officer shall be liable to a penalty of five hundred dollars. R.s.,2815. The officers who may apply to the master of any such vessel, respecting any of the provisions in the preceding sections, and who shall not receive full satisfaction therein, are hereby required to make a return in writing of the name of the vessel and master so offending, in any or all of the i)articulars required, as soon as possible, to the col- lector of the district to which such vessel shall be consid- ered to be bound. It s., 2a;!4. Collectors and surveyors, respectively, may, whenever Mar. 3, 1897. they Judge it to be necessary for the security of the revenue, put an inspector of the customs on board any vessel, to accompany the same until her arrival at the first port of entry or delivery, in the district to which such vessel may be destined. If the master of any vessel shall neglect or omit to deposit a manifest as herein prescribed, or shall Sec. 15. PART XV. — ENTRY OF MERCHANDISE. 177 refuse to receive an inspector of the customs on board, as the case requires, he shall forfeit and pay Ave hundred dollars, to be recovered with cost of suit, one-half for the use of the otlicer with whom such manifest ought to have been deposited, and the other half to the use of the col- lector of the district to which such vessel may be bound. If, however, the manifest shall, in either of the above cases, have been previously delivered to any officer of the cus- toms, pursuant to the provisions hereinafter made in that behalf, the depositing of a manifest shall not be necessary. 213. Entry of merchandise at special ports. When any merchandise is intended to be imported from ^^ s.,28i6. any foreign country into the port of Albany, upon the Hud- son River, in New York, such merchandise may be entered at any port of entry and thereafter transported to Albany, upon compliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one, inclu- sive. When any merchandise is intended to be imported from n.s.,28i7. any foreign country into the port of Augusta, upon the Savannah River, in Georgia, such merchandise may be entered at the port of Savannah and thereafter transported, either by the river or by railroad, to Augusta, upon com- pliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one. Inclusive. When any merchandise is intended to be imported from ii.s.,28i8. any foreign country into the port of Pilatka, upon the Saint John's River, in Florida, such merchandise may be entered at Saint John's, and thereafter transported to Pilatka upon compliance with sections twenty-eight hundred and twenty- five to twenty-eight hundred and thirty one, inclusive. When any merchandise is intended to be imported from h.s.,2819. any foreign country to the port of Bayjiort, in Florida, such merchandise may be entered at Saint Mark's [Cedar Keys], and thereafter transported to Bayport, upon compliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one, inclusive. When any merchandise is intended to be imported from i-s.,2820. any foreign country into the port of Selma, upon the Ala- bama River, in Alabama, such merchandise may be entered at Mobile, and thereafter transported to Selma, upon com- pliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one, inclusive. When any meichandise is intended to be imported from 1:. s.,2821. any foreign country into the port of Houston, upon Trinity River [Buffalo Bayou], in Texas, such merchandise may be entered at the port of Galveston and thereafter transported to Houston, upon compliance with sections twenty-eight hundred and twenty-five to twenty-eight hundred and thirty-one, inclusive. When any merchandise is intended to be imported from k. s.,2822 any foreign country into either of the following ports of NAV 99, PT 2 12 178 PART XV. ENTRY OF MERCHANDISE. delivery, being ports upon the Mississippi River and its tributaries, namely, Pittsburg, in Pennsylvania; Wheeling, in West Virginia; Cincinnati, in Ohio; Louisville, in Ken- tucky; Saint Louis, in Missouri; Nashville, in Tennessee; and Natchez, in Mississippi, such merchandise may be entered at the port of New Orleans, or at either of such ports of entry on the sea-board as may be designated by the Secretary of the Treasury, and thereafter transported to the port of delivery for which the same is intended, by such inland routes as the Secretary of the Treasury may designate, under such rules and regulations not inconsistent with law as he may prescribe, in compliance with sections twenty-eight hundred and twenty -five to twenty-eight hun- dred and thirty-one, inclusive, and subject to the forfeitures and penalties therein mentioned. K. s., 2823. When any merchandise is intended to be imported from any foreign country into either of the following ports of delivery, namely : Parkersburg, in West Virginia ; Paducah, in Kentucky; Saint Joseph and Kansas City, in Missouri; Memphis, in Tennessee, Alton, Galena, Quincy, and Cairo, in Illinois; Evansville, New Albany, Madison, and Jefier- sonville, in Indiana; Keokuk, Dubuque, and Burlington, in Iowa; Leavenworth, in Kansas, and Omaha, in Nebraska, such merchandise may be entered at the port of New Orleans, and thereafter transported to the port of delivery for which the same is intended, in compliance with sec- tions twenty-eight hundred and twenty-five to twenty-eight hundred and thirty one, inclusive, and subject to the for- feitures and penalties therein mentioned. R. s., 2825. The importer of any merchandise destined for any of the Mar. 3, 1897. ports meutioued in the eight i^receding sections shall deposit Sec. 16. -jj ^jjg custody of the surveyor of such port of delivery a schedule of the goods so intended to be imported, with an estimate of their cost at the place of exportation, whereupon the surveyor shall make an estimate of the amount of duties accruing on the same, and the importer or consignee shall give bond, with sufficient sureties, to be approved by the surveyor, in double the amount of the duties so estimated, conditioned for the payment of the duties on such merchan- dise, ascertained as hereinafter directed ; and the surveyor shall forthwith notify the collector at the port of entry for the collection-district to which such port of delivery is attached, of the same, by forwarding to him a copy of bond and schedule. R. s., 2829. The master or conductor of any such vessel or vehicle arriving at either of the ports named in sections twenty- eight hundred and sixteen to twenty eight hundred and twenty-four, inclusive, on board of which merchandise shall have been shipi^ed at such port of entry, shall, within eight- een hours next after the arrival, and previously to unloading any part of such merchandise, deliver to the surveyor of such port the manifest of the same, certified by the collector, at the port of entry, and shall make oath before the surveyor that there was not, when he departed from the port of entry, any more or other merchandise on board such boat, vessel, PART XV. ENTRY OF MERCHANDISE. 179 or vehicle so imported than is therein mentioned. If the master of such vessel or vehicle shall neglect or refuse to deliver the manifests within the time herein directed, he shall be liable to a penalty of one hundred dollars. All vessels proceeding to the ports of Katchez or Vicks- R. s., -.wj. burg from any foreign port shall stop and leport their arrival at the port of New Orleans; and before any such vessel shall proceed on her voyage to Natchez or Vicks- burg the collector for the district of New Orleans shall order on board any such vessel a custom-house officer, who shall remain on board such vessel until her arrival at Natchez or Vicksbiirg. Such custom-house officer shall take i)os- session of and safely keep all the papers belonging to such vessel having relation to the freight or cargo on board, which papers he shall deliver to the collector at Natchez or Vicksburg immediately after his arrival at that port; and any such vessel, which shall depart from New Orleans with- out such custom-house officer on board, shall be subject to all the ])ains and penalties provided for by law for a viola- tion of the revenue laws. The expenses of the custom house officer who may be put k- s., 2833. on board any such vessel bound for Natchez or Vicksburg at New Orleans, from the time of his being put on board until his return to New Orleans, shall be paid by the owner of such vessel. The master of any vessel arriving within the districts of iis.2836. Petersburg or Richmond, laden with merchandise, belong- ing or consigned to persons resident within both the dis- tricts, shall make entry of such vessel, in manner already prescribed by law, with the collector of that district wherein the owner or consignee, or the husband or acting manager of such vessel, shall actually reside; and the master shall, at the time of making the entry, deliver a duplicate mani- fest of the cargo to the collector, whose duty it shall then be to certify the same as a true copy, and to transmit it to the collector of the other district, and the delivery of such merchandise shall be authorized by permits from the col- lector of each district, respectively, in which the same has been duly entered according to law. No importer, owner, or consignee of merchandise, residing in either district, shall, however, be admitted to make an entry of such mer- chandise with the collector of the district in which such importer, owner, or consignee does not reside- All entries, moreover, for merchandise, made by agents, for persons residing in other districts, shall be made with the collector of the district in which such vessel may discharge. Vessels owned in whole or in part in the towns of Edge- RS'252o. comb aiul Newcastle in Maine, having entered in due form of law at the i)ort of Wiscasset, and taken on board an officer, shall be permitted to unlade in the parts of those towns which adjoin Sheepscut lliver. Merchandise destined for either of the towns of Kit- ^^s-so-*. tery or Berwick, in Maine, may be, at the option of the master of the vessel, entered and i)ermit for the delivery 180 PART XV. ENTRY OF MERCHANDISE. thereof obtained, eitlier in the district of Portsmouth, in the State of Xew Hampshire, or in the district of York, in the State of Maine. R.s.,2537. j^Yi eargoes chargeable with duties intended for delivery at the port of Greenport, in the State of New York, shall be entered and the duties paid at the port of Sag Harbor, before i)ermission shall be granted to discharge the same at Greenport. R.s.,2540. ^]j merchandise chargeable with duties intended for delivery at the port of Cold Spring, on the north side of Long Island, in the State of New York, or at the port of Port Jefferson, in that State, shall be entered and the duties paid at the port of New York, before permission shall be granted to discharge the same at Cold Spring or Port Jefferson. E.s.,2581. ^11 merchandise transported in bond to the port of Brownsville from any other jiort of the United States, by Brazos Harbor, may, on arrival in that harbor, be trans shipped under such regulations, not inconsistent with law, as the Secretary of the Treasury may i>rescribe, in other vessels for transportation by the Bio Grande to Browns- ville; and all merchandise imported into the district by Brazos Harbor, from any foreign country, may in like man- ner be transshipped to Brownsville as provided for goods, wares, and merchandise transshipped in bond. R s.,2588. rpjjg mastcr of every vessel entering the Columbia River from the sea, and bound for Portland, in the district of Willamette, shall exhibit his papers to the collector of the port of Astoria, and deposit with him a sworn cojiy of the manifest of cargo. If the vessel is laden with domestic merchandise or merchandise in bond for Portland, the col- lector at Astoria shall permit her to proceed to her place of destination; but if she has dutiable merchandise on board not bonded, he shall cause a customs officer to ])roceed on board the vessel to Portland, who shall see that no goods are landed from such vessel before her arrival and entry at the latter port. The necessary expenses, including the per diem of such officer and the expense of his return to Astoria, shall be paid by the master of such vessel to the collector of customs at Portland, for the use of the United States, before permit shall be given to unload. R.s.,2500. When a vessel shall arrive at Astoria, in the district of Oregon, from sea, having merchandise on board for that place and also for Portland, in the district of -Willamette, such vessel shall enter at Astoria and discharge such i^or- tion of her cargo as is destined for that place, wherenpon the collector shall cause her hatches to be closed and sealed, and shall then permit her to proceed to Portland in charge of a customs officer. E.s.,20G7. Merchandise imported into the port of Louisville, and destined for Jeftersonville, may belauded and warehoused at Jeffersonville, under tlie custody and control of the surveyor of the port of Louisville. PART XV. ENTRY OF MERCHANDISE. 181 The Secretary of the Treasury may extend the privileges ^ ^ • ^oes. of the provisions rehitiiig to warehouses, and the regula- tions of the Treasury Department relating thereto, to the j)ort of Albany. The collector of the district of Philadelphia may grant J' ^^.^sfi'-- permits for the transportaticm of merchandise of foreign growth or manufacture across the State of New Jersey to the district of New York, or across the State of Delaware to any district in the State of Maryland or Virginia; and the collector of the district of New York may grant like permits for transportation across the State of New Jersey; and the collector of any district of Maryland or Virginia may grant like permits for transportation across the State of Delaware to the district of Philadelphia. Every such permit shall express the name of the owner, or person sending the merchandise, and of the person to whom the merchandise is consigned, with the marks, numbers, and description of the packages, whether bale, box, chest, or otherwise, and the kind of goods contained therein, and the date when granted; and the owner, or person sending such goods, shall swear that they were legally imported, and the duties paid. Where the merchandise, to be so transported, shall be of less value than eight hundred dollars, the permit shall not be deemed necessary. The owner or consignee of all merchandise transported i-s.,4363. under the provisions of the preceding section and for the transportation whereof a permit is necessary, shall, within twenty -four hours after the arrival thereof at the place to which such merchandise was permitted to be transported, report the same to the collector of the district where it has arrived, and shall deliver up the permit accompanying the same; and if the owner or consignee shall neglect or refuse to make due entry of such merchandise within the time and in the manner directed, all such merchandise shall be sub- ject to forfeiture; and if the permit granted shall not be given up within the time limited for making the report, the person to whom it was granted, neglecting or refusing to deliver it up, shall be liable to a penalty of fifty dollars for every twenty -four hours it shall be withheld afterward. 214. Clearance at special ports. Any vessel owned by or consigned to any person in the K.s.,2554. collection-district of liichmond, and which shall be loaded, in whole or in part, in the district of Petersburg, by such owner or consignee, may be cleared by the collector of the district of Richmond, on application of the owner, con- signee, or captain of such vessel. All vessels clearing from Portland, in the district of Wil- i'- ^ - 2r,?o. lamette, and bound to sea, shall, on arrival at Astoria, in the district of Oregon, report to the collector; and the master of every vessel so reporting shall leave a copy of his manifest, including any additional cargo taken on board after leaving Portland, with the collector at Astoria, and thereupon shall be allowed to proceed to sea. The master or other person in charge or command of any vessel enter- 182 PART XV. ENTRY OF MERCHANDISE. ing- the Columbia Eiver from the sea, or clearing from Port- laud aud bound to sea as described in this sectiou, who shall neglect to exhibit his papers, or to report to the col- lector, or to deposit his manifest, as herein required, shall be liable to a penalty of one hundred dollars. K.s.,4208. The master or person having charge or command of any steamboat on Lake Champlaiu, when going from the United States into the province of Quebec, may deliver a manifest of the cargo on board, and take a clearance from the col- lector of the district through which any such boat shall last ])ass, when leaving the United States, without regard to the place from which any such boat shall have commenced her voyage, or where her cargo shall have been taken on board. 215. Entry of merchandise for different port of destination. R. s., 28'j6. The importer, or his agent, may enter merchandise at the port of entry for the collection-district into which it is to be imiDorted in the usual manner; and the collector shall grant a permit for the landing thereof, and cause the duties to be ascertained as in other cases, the goods remaining in the custody of the collector until reshipped for the place of destination. The collector shall certify to the surveyor at such place the amount of such duties, which the surveyor shall enter on the margin of the bond given to secure the same; and the merchandise shall be delivered by the col- lector to the agent of the importer or consignee, duly authorized to receive the same, for shij)ment to the i)lace of destiruition. i^. s., 2827. The master or conductor of every vessel or vehicle in which such merchandise shall be trausjiorted, shall, x^reviously to departure from the port of entry, deliver to the collector duplicate manifests of such merchandise, specifying the marks and numbers of every case, bag, box, chest, oj' pack- age, containing the same, with the name aud place of residence of every importer or consignee of such merchan- dise, and the quantity shii)ped to each, to be by him subscribed, and to the truth of which he shall swear, and that the merchandise has been received on board his vessel or vehicle, stating the name of the agent who shipped the same; and the collector shall certify the facts, on the mani- fests, one of which he shall return to the master, with a permit thereto annexed, authorizing him to proceed to the l)lace of his destination. R.s.,2828. If any vessel or vehicle having such merchandise on board shall depart from the port of entry without having complied with the provisions of the preceding section, the master or conductor thereof shall be liable to a penalty of live hundred dollars. 216. Comparison of cargo and manifest. R.s.,2830. The surveyor at the port of delivery shall cause the casks, bags, boxes, chests, or packages, to be inspected, and compared with the manifests, and the aame being identified PART XV. ENTRY OF MERCHANDISE. 183 be shall grant a i)onnit tor unloading the same, or such jtart thereofas the niasterorconduclor shall request; and when a part oidy of such merchandise is intended to be landed the surveyor shall make an indorsement on the back of the manifests, designating such part, specifying the articles to be landed, and shall return the manifests to the master or conductor, indorsing thereon his permission to such vessel or vehicle to proceed to the i)lace of its destination. 217. Collection of duties. The collector at such port of entry shall i)erniit no entry r.s.,283i. to be made of merchandise, where the duty on the same shall exceed the amount of the boiul deposited with the surveyor, nor shall the surveyor receive the bond of any person for a sum less than tifty dollars. When the bond has been completed, and the actual amount of duty ascer- tained and certified on the margin, the surveyor of the port where the bond is taken shall collect said duties and pay the same into the Treasury of the United States. 218. Permit to deliver. The collector jointly with the naval officer, if any, or r.s.,2869. alone where there is none, shall, according to the best of his or their judgment or information, make a gross estimate of the amount of the duties on the merchandise to which the entry of any owner or consignee, his factor or agent, shall relate, which estimate shall be indorsed upon such entry and signed by the officer making the same. The amount of the estimated duties having been first paid, or secured to be paid, pursuant to the ])rovisions of this Title, [R. S. 2517-3129] the collector shall, together with the naval officer, where there is one, or alone where there is none, grant a permit to deliver the merchandise, whereof entry has been so made, and then, and not before, it shall be law- June 5, 1894. ful to deliver the merchandise. All permits shall specify, as j)articularly as may be, the r. s.,287o. merchandise to be delivered, namely, the number and de- scription of the packages, whether trunk, bale, chest, box, case, pipe, hogshead, barrel, keg, or any other packages whatever, with the mark and number of each package, and, as far as circumstances will admit, the contents thereof, together with the names of the vessel and master, in which and the place from whence they were imported; and no merchandise shall be delivered by any inspector or other officer of the customs that does not fully agree with the description thereof in such permit. 219. Preliminary entry and unlading. The master of any stean)ship, trading between foreign Junes, i894. ports and ports in the United States, and running in a regularly established steamship line, which line shall have been in existence and running steamers in the foreign trade for not less than one year jjrevious to the application of the privilege extended by this Act, arriving in a port of entry may make preliminary entry of the vessel by making oath 184 PART XV. ENTRY OF MERCHANDISE. or aflfirmation to the truth of the statements contained in his manifest and delivering said manifest to the customs officer, who shall board said vessel, whereupon the unlad- ing of such vessel may proceed upon arrival at the wharf, under such regulations as the Secretary of the Treasury shall prescribe, but nothing in this Act shall relieve the master of any vessel from subsequent compliance with the provisions of existing laws regarding the report and entry of vessels at the custom house. Customs officers acting as boarding officers^ and any customs officer who may be desig- nated for that purpose by the collector of the i)ort, are hereby authorized to administer the oath or affirmation herein provided for. 220. Illegal unlading. K. s.,2867. If after the arrival of any vessel laden with merchandise and bound to the United States, within the limits of any collection-district, or within four leagues of the coast, any part of the cargo of such vessel shall be unladen, for any purpose whatever, before such vessel has come to the proper i^lace for the discharge of her cargo, or some i^art thereof, and has been there duly authorized by the proper officer of the customs to unlade the same, the master of such vessel and the mate, or other person next in command, shall respectively be liable to a penalty of one thousand dollars for each such offense, and the merchandise so un- laden shall be forfeited, except in case of some unavoid- able accident, necessity, or distress of weather. In case of such unavoidable accident, necessity, or distress, the master of such vessel shall give notice to, and, together with two or more of the officers or mariners on board such vessel, of whom the mate or other person next in command shall be one, shall make proof upon oath before the col- lector, or other chief officer of the customs of the district, within the limits of which such accident, necessity, or dis- tress happened, or before the collector, or other chief officer of the collection-district, within the limits of which such vessel shall first afterward arrive, if the accident, necessity, or distress happened not within the limits of any district, but within four leagues of the coast of the United States. The collector, or other chief officer, is hereby authorized and required to administer such oath. E.s.,2868. If any merchandise, so unladen from on board any such vessel, shall be put or received into any other vessel, ex- cept in the case of such accident, necessity, or distress, to be so notified and proved, the master of any such vessel into which the merchandise shall be so put and received, and every other i^erson aiding and assisting therein, shall be liable to a penalty of treble the value of the merchan- dise, and the vessel in which they shall be so put shall be forfeited. 221. Special permit to unlade by night. E.s.,2871. The collector of customs, with the concurrence of the naval officer, where there is one, of any port at which a PART XV. ENTRY OF MERCHANDISE. 185 steamslii]) from a forei<;ii i)()it or place may arrive, upon or after tlie issuing: of a jjeiieral order, sliall grant, njjon proper application tberefor, a special license to unlade tlie cargo of said vessel at night, that is to say, between sunset and sunrise, but before any such special license is granted, the master, agent, or consignees of the vessel shall exe(;ute and deliver to the (iollector a good and sullicient bond, to be approved by him, conditioned to indemnify and save the collector harndess from any and all losses and liabili- ties which may occur or be occasioned by reason of the granting of such special license. Ami any liability of the master or owner of any such steamship to the owner or con- signee of any merchandise landed from her shall not be allected by the granting of such special license or of any general order, but such liability shall continue until the merchandise is properly removed from the dock whereon thesamemay be landed. The collector, under such general regulations as the Secretary of the Treasury may i)rescribe, shall fix a uniform and reasonable rate of compensation for like service, to be paid by the master, owner, or consignee, whenever such special license is granted, and shall collect and distribute the same among the inspectors assigned to superintend the unlading of the cargo. 222. Unlading by day. Except as authorized by the preceding section, no mer- r.s.,2872. chandise brought in any vessel from any foreign port shall be unladen or delivered from such vessel within the Tnited States but in open day — that is to say, between the rising and the setting of the sun — except by special license from the collector of the ])ort, and naval officer of the same, where there is one, for that purpose, nor at any time with- out a permit from the collector, and naval officer, if any, for such unlading or delivery. When the license to unload between the setting and Juno^c, i884. rising of the sun is granted to a sailing vessel under this sec.25. section, a fixed, uniform, and reasonable compensation may be allowed to the inspector or inspectors for service between the setting and rising of the sun, under such regulations as the Secretary of the Treasury may prescribe, to be received by the collector from the master, owner, or consignee of the vessel, and to be paid by him to the inspector or inspectors. If any merchandise shall be unladen or delivered from r. s./jsts. any vessel contrary to the preceding section, the master of such vessel, and every other person who shall knowingly be concerned, or aiding therein, or in removing, storing, or otherwise securing such merchandise, shall each be liable to a penalty of four hundred dollars for each offense, and shall be disabled from holding any office of trust or profit under the United States, for a term not exceeding seven years; and the collector of the district shall advertise the name of such person in a newspaper jirinted in the State in which he resides, within twenty days after each respective conviction. 186 PART XV. ENTRY OF MERCHANDISE. R.s.,2874. AH merchandise, so unladen or delivered contrary to the provisions of section twenty-eight Imndred niul seventy- two, shall become forfeited, and may be seized by any of the officers of the customs; and where the value thereof, accord- ing to the highest market price of the same, at the port or district where landed, shall amount to four hundred dollars, the vessel, tackle, apparel, and furniture shall be subject to like forfeiture and seizure. 223. Supervision of unlading. K.s.,28T5. The collector of any district at which any vessel arrives, immediately on her first coming within such district, or the surveyor of any port where such vessel is, may put and keep on board such vessel, while remaining within such district, or in going from one district to another, one or more inspectors to examine the cargo or contents of such vessel, and to superintend the delivery thereof, or of so much thereof as shall be delivered within the United States, and to ])erform such other duties according to law, as they shall be directed by the collector, or surveyor, to perform for the better securing the collection of the duties. Only collectors shall have i)ower, however, to put inspectors on board vessels to go from one district to another. R.s.,2876. The inspector shall make known to the master of such vessel the duties he is to ]>erform; and shall suffer no mer- chandise to be unladen, or otherwise removed from such vessel, Avithout a permit in writing from the collector of the port, :md naval officer thereof, if any. The inspector shall enter in a book, to be by him kept according to such a form as shall be i)rescribed or ai)proved by the collector, the name of the person in whose behalf such permits are granted, together with the particulars therein specified, and the marks, numbers, kinds, and description of the respec- tive packages which shall be unladen pursuant thereto, and shall keep a like account in the book of all merchan- dise which, not having been entered within the time limited by this Title [K. S. 2517-3129], or for some other cause, has been sent to the store or warehouse provided for the recep- tion of such merchandise; such book shall be delivered to the surveyor in the month of January in every year for his inspection, and immediately alter such inspection be trans- mitted by the surveyor, with such observations as he may think necessary thereon, to the collector, to be deposited in his office. R. s., 2877. The inspector shall attend to the delivery of the cargo under his care, at all times when the unlading or delivery of merchandise is lawful, particularly from the rising to the setting of the sun on each day, Sundays and the fourth day of July in each year excepted; for which purpose he shall constantly attend and remain on board the vessel, the deliveries from which he is to superintend, or at any other station where his inspection is necessary. The inspector shall not quit such station or place without the leave of the surveyor of the port first obtained, who shall appoint another inspector, if he deems it necessary, to supplj' the PART XV. ENTRY OF MERCHANDISE. 187 l)iace of such inspector duriuj^ his absence; and any in spector who sliall neglect or in any manner act contrary to the duties licreby eujoiued, sliall tor the first olfense be liable to a penalty of the sum of titty dollars, and for the second ollense shall be disi)laccd, and beincai)able of hold- ing any station of trust or profit under the revenue laws of the United States, for a term not exceeding seven years. No inspector shall perform any other duties or service on i:. s., i-hts. boardany vessel, the superintendence of which is committed to him, for any person whatever, other than what is required by this Title [K. S., 2517-;il2!>|, under the penalty of being disabled from acting any longer as an inspector of the cus toms; the wages or compensation of such inspector as may proceed from one district to another, shall be defrayed by the master of the vessel committed to his care; every in- spector or other otticer of the revenue, while i)erforming any duty on board any vessel, not in a port of the United States, discharging her cargo, shall be entitled to receive from the master of such vessel such in-ovisions and accom- modations as are usually supplied to passengers, or as the state and condition of such vessel will admit, on receiving therefor fifty cents a day; and any master of any vessel who shall refuse such provisions and reasonable accommo- dations shall be liable to a i^enalty of one hundred dollars. If, by reason of the delivery of the cargo in several dis- k. s., 2879. tricts, more than the term allowed by law shall in the whole be spent therein, the wages or compensation of the inspector who may be employed on board of any vessel, in respect to which such term may be so exceeded, shall, for every day of such excess, be i)aid by the master or owner; and the inspector shall, previously to the clearance of the vessel, render an exact account to the collector of all such compensation as has been paid, or is due and payable by the master or owner. The inspector who maybe put on board of any vessel i-s.^"™- shall secure, after sunset in each evening, or previous to his quitting the vessel, the hatches and other communica- tions with the hold of such vessel, or any other part thereof he may judge necessary, with locks or other proper fasten- ings, which locks or other fastenings shall not be opened, broken, or removed until the morning following, or after the rising of the sun, and in the presence of the inspector by whom the same were affixed, except by special license from the collector of the port, and the naval otficer, if any, first obtained. If the locks or other fastenings, or any of them, are broken or removed contrary to this section, or if any merchandise or packages are clandestinely landed, notice thereof shall be immediately given by the inspector to the collector and naval officer, if any, of the port where the vessel may be; and the master of such vessel shall, for each or every such offense, be liable to a penalty of five hundred dollars. 188 PART XV. ENTRY OF MERCHANDISE. 224. Limit of time for unlading. R.s.,2880. Whenever any merchandise shall be imported into any- port of the United States from any foreijiii port, in any ves- M:iy9,i89G. gg]^ r^^^ ^]^q cxpiratiou of ten working days if the vessel is less than five hundred tons register, and within fifteen work- ing days if it is of five hundred tons register and less than one thousand, and within twenty working days if it is of one thousand tons register and less than fifteen hundred, and within twenty-five working days if it is of fifteen hundred tons register and upward, not including legal holidays and days when the condition of the weather i)revents the unlad- ing of the vessel with safety to its cargo, after the time withinwhichthereportof themaster of any vessel isrequired to be made to the collector of the district, if there is found any merchandise other than has been reported for some other district or some foreign port, the collector shall take pos- session thereof; but with the consent of the owner or con- signee of any merchandise, or with the consent of the owner or master of the vessel in which the same may be imported, the merchandise may be taken possession of by the collector after one day's notice to the collector of the district. All merchandise so taken shall be delivered pursuant to the order of the collector of the district, for which a certificate or receipt shall be granted. R.S..2881. The limitation of time for unlading, prescribed by the .iuuo3,i«i»2. preceding section, shall not extend to vessels laden exclu- ^''''■^' sively with coal, salt, sugar, hides, dyewoods, wool, or jute butts, consigned to one consignee, arriving at a port for orders; but if the master of any such vessel requires a longer time to discharge her cargo, the wages or compen- sation of the inspector, for every day's attendance exi eed- iug the number of days allowed by law, shall be paid by the master or owner; and thereupon the collector is hereby authorized and required to allow such longer time, not exceeding fifteen days. R.s.,29G9. All merchandise of which the collector shall take pos- session under the provisions relating to the time for the discharge of a vessel's cargo shall be kept with due and reasonable care at the charge and risk of the owner. 225. Weighing, gauging, and measuring. R.s.,2882. No merchandise, brought in any vessel, from any foreign port or place, requiring to be weighed, gauged, or meas- ured, in order to ascertain the duties thereupon, shall, without the consent of the proper officer, be removed from any wharf, or place, npon which the same may be landed or put, before the same shall have been so weighed, gauged, or measured, and if spirits, wines, or sugars, before the proof or quality a!id quantity thereof is ascertained and marked thereon, by or under the direction of the proper officer; and if any such merchandise shall be removed from such wharf or place, unless with the consent of the proper offi- cer, obtained before the same has been so weighed, gauged, or measured, and if spirits, wines, or sugars, before the PART XV. ENTRY OF MERCHANDISE. 1.S9 proof or quality and quantity bas been so ascertained and marked, the same shall be forfeited, and may be seized by any oflicer of the customs or inspection. 226. Unlading of wines and spirits. Every permit for the unlading^ of spirits, wines, or any its., 2883. part thereof, shall, previous to such lauding or unlading thereof, be produced to the oflicer of inspection, who shall record or register in proper books the contents thereof, and shall indorse thereupon the word "Inspected," the time when, and his own name; after which he shall return the permit to the person by whom it was produced, and then, and not otherwise, it shall be lawful to land the spirits, or wines, therein specified; and if spirits or wines shall be landed without such indorsement upon the permit granted for that purpose, the master of the vessel from which the same shall have been so landed shall for every such offense be liable to a penalty of five hundred dollars, and the spirits or wines so landed shall be forfeited. All distilled spirits, and wines, shall be landed under R.s.,2884. the inspection of the surveyor, or other officer acting as inspector of the revenue for the port, and such of the in- spectors of the customs as shall be deputed by him for that purpose, and not otherwise, on pain of forfeiture thereof, for which purpose the officer shall at all reasonable times attend. This shall not, however, be construed to exclude the inspection of any ofiflcer of the customs, as now or here- tofore practiced. The officers of inspection of any port where distilled e.s.,2:?8,). spirits or wines shall be landed, shall, upon the landing thereof, and as soon as the casks, vessels, and cases con- taining the same shall be inspected, gauged, or measured, brand or otherwise mark in durable characters, the several casks, vessels, and cases containing the same, and the marks shall express the number of casks, vessels, or cases, whether of spirits or wines, marked by each officer resjiec- tively, in each year, in progressive numbers for each of the articles ; also the port of imi)ortation,the name of the vessel, and the surname of the master; also each kind of spirits or wines, for which different rates of duty are or shall be imiiosed, the number of gallons in each cask or case, and the rate of proof if spirits ; also the name of the surveyor or chief officer of inspection for the port, and the date of imjiortation; of all which i)articulars the chief officers of inspection shall keep fair and correct accounts, in books to be provided for that purpose. On the sale of any cask, vessel, or case, which has been u.s.,288o. or shall be marked as containing distilled spirits or wines, and which has been emptied of its contents, and prior to the delivery thereof to the purchaser, or any removal thereof, the marks and numbers, which shall have been set thereon by or under the direction of any officer of inspection, shall be defaced and obliterated in the presence of some officer of inspection or of the customs, who shall, 190 PART XV. ENTRY OF MERCHANDISE. on due notice being given, attend for that purpose, at which time the certificate which ought to accompany such chest, vessel, or case, shall also be returned and canceled. Every person who shall obliterate, counterfeit, alter, or deface any mark or number placed by an officer of inspec- tion upon any cask, vessel, or case, containing distilled spirits or wines, or any certificate thereof; or who shall sell or in any way alienate or remove any cask, vessel, or case, which has been emptied of its contents, before the marks and numbers, set thereon pursuant to the provisions of the preceding section, shall have been defaced or oblit- erated, in presence of an officer of inspection; or who shall neglect or refuse to deliver the certificate issued to accom- pany the cask, chest, vessel, or case, of which the marks and numbers shall have been defaced or obliterated in manner aforesaid, on being thereto required by an officer of inspection or of the customs, shall for every such offense be liable to a x)enalty of one hundred dollars, with costs of suit. 227. Post entry. 7 '..,2887. If any package whatever which has been so reported is wanting, and not found on board such vessel, or if the mer- chandise on board such vessel does not otherwise agree with the report or manifest delivered by the master of any such vessel, in every such case the master shall be liable to a penalty of five hundred dollars; except that if it is made to appear to the satisfaction of the collector, naval officer, and surveyor, or to the major part of them where those offi- cers are established at any port, or to the satisfaction of the collector alone where neither of the others is established, or in case of trial for the penalty, to the satisfaction of the court, that no part whatever of merchandise of such vessel has been unshipped, landed, or unladen since it was taken on board, except as specified in the report or manifest, and pursuant to permits, or that the disagreement is by accident or mistake, in such case the penalty shall not be inflicted. But in all such cases the master of any vessel shall be required and shall make a post entry or addition to the report or manifest by him delivered of any and all mer- chandise omitted to be included and reported in such man- ifest; and it shall not be lawful to grant a permit to unlade any such merchandise so omitted before such post entry or addition to such report or manifest has been made. 228. Returns of unlading of cargo. R.s ,2888. When the delivery of merchandise from on board of any vessel is-completed, copies of the accounts or entries which have been kept or made thereof, by the officer charged with the deliveries, shall be returned to the collector of the district, and the naval officer, if any, within three days after such delivery has been completed, if at the port where such officer resides, and if at any other port as soon as the nature of the case will admit, not exceeding fifteen days. The accounts or entries to be so returned shall comprise all PART XV. ENTRY OF MERCHANDISE. 191 deliveries made pursuant to permits, and all packages or merchandise sent to the public stores; also each and every package remaining on board of such vessel for the purpose of being exported therein to a foreign port, or to some other district of the United States. Such returns shall be vsigned by the inspectors respec- k.s.,i«89. tively under whosesuperintendence the deliveries have been made; and, after examination, and on being found correct, shall be countersigned or certified by the surveyor of the port, if any, at the port where the deliveries have been made. Tlie returns shall be transmitted by him to the naval officer, if any; who shall compare the same with the nuinifcsts and entries in his i)ossession; and if any differ- ence appears, the particulars thereof shall be noted by indorsement on the returns; and if no difference appears, it shall be so noted by like indorsements. The naval officer shall transmit the returns to the collector of the district; and on being returned to the collector, shall be by him compared with the manifests and entries of the merchan- dise, which have been made by the owner, consignee, or his factor or agent ; and if any difference appears, the same shall be noted by indorsement on such manifests, specifying the particulars thereof; and if no difference appears, it shall be noted by like indorsement, that the delivery cor- responds with the entry or entries thereof. The indorse- ment or memorandum shall, in each case, be subscribed by the officer by whom the comparison was made. The weighers, gangers, and measurers, employed in the j;.s,2890. service of the revenue, vshall, within three days after any vessel is discharged, make returns of the articles by them respectively weighed, gauged, or measured out of such vessel. Such returns shall be made by the weighers, gaugers, and measurers, in books to be prepared by them for that purpose, and kept in the custom houses. 229. l/esse/s in distress. If any vessel from any foreign port, compelled by distress ^^ s- 289i- of weather, or other necessity, shall put into any port of the United States, not being destined for the same, the master, together with the mate or person next in command, may, within twenty four hours after her arrival, make protest in the usual form upon oath, before a notary i)ublic or other person duly authorized, or before the collector of the dis- trict where the vessel arrives, setting forth the cause or circumstances of such distress or necessity. Such i)rotest, if not made before the collector, shall be produced to him, and to the naval officer, if any, and a copy thereof lodged with him or them. The master shall also, within forty- eight hours after such arrival, make report in writing to the collector, of the vessel and her cargo, as is directed hereby to be done in other cases. And if it appear to the collector, by the certiticate of the wardens of the port, or other officers usually charged with, and accustomed to ascertain the condition of vessels arriving in distress, if any, or by the certificate of two reputable merchants, to 192 PART XV. ENTRY OF MERCHANDISE. be named for that purpose by the collector, if there are no such wardens, or other officers duly qualified, that there is a necessity for unlading the vessel, the collector and naval officer, if any, shall grant a permit for that purpose, and shall appoint an inspector to oversee such unlading, who shall keep an account of the same, to be compared with the report made by the master of the vessel. R.s.,2892. All merchandise so unladen from any vessel arriving in distress shall be stored under tlie direction of the collector, who, upon request of the master of such vessel, or of tlie owner thereof, shall, together with the naval officer, where there is one, and alone where there is none, grant permis- sion to dispose of such part of the cargo as may be of a perishable nature, if any there be, or as may be necessary to defray the expenses attending such vessel and her cargo. But entry shall be made therefor, and the duties paid. B. s., 2803. In case the delivery of the cargo does not agree with the report thereof, made by the master of such vessel so arriv- ing in distress, and if the difference or disagreement is not satisfactorily accounted for in manner prescribed by this Title |K. S., 2517-3129], the master of such vessel shall be liable to such penalties as in other like cases are prescribed. R.s.,28it4. The merchandise, or the remainder thereof, which shall not be disposed of, may be reladen on board the vessel so arriving in distress, under the inspection of the officer who superintended the landing thereof, or other proper person; and the vessel may proceed with the same to the place of her destination, free from any other charge than for the storing and safe-keeping of the merchandise, and fees to the officers of the customs as in other cases. R.s.,2895 Whenever any Spanish vessel shall arrive in distress, in any port of the United States, having been damaged on the coasts or within the limits of the United States, and her cargo shall have been unladen, in conformity with the pro- visions of the four preceding sections, the cargo, or any part thereof, may, if the ves.^el should be condemned as not seaworthy, or be deemed incapable of performing her origi- nal voyage, afterward be reladen on board any other vessel under the inspection of the officer who superintended the landing thereof, orother proper person. No duties, charges, or fees whatever, shall be paid on such part of the cargo as may be reladen and carried away, either in the vessel in which it was originally imported, or in any other. 230. Obstruction by ice. R.s.,2806. When a vessel is prevented by ice from getting to the port or place at which her cargo is intended to be delivered, the collector of the district in which such vessel may be obstructed may receive the report and entry of such ves- sel, and, with the consent of the naval oflBcer, where there is one, grant permits for unlading or landing the merchan- dise imported in such vessel, at any place within his dis- trict, most convenient and proper. The report and entry of such vessel, and her cargo, or any j) art -thereof, and all PART XV. ENTRY OF MERCHAXDlsK. 193 persons concerned therein, shall be snbject to the same regnlations and penalties as if the vessel had !irri\ed at the port ot her destination, and had there proceeded to the delivery of her cargo. 231. Unlawful removal of bonded merchandise. Any person maliciously opening, breaking, or entering k. s.2998. by any means whatever, any car, vessel, vehicle, warehouse, or package containing any such merchandise so delivered for transportation, or removing, injuring, breaking, or defacing any lock or seal placed upon such car, vessel, vehicle, ware- house, or package, or aiding, abetting, or encouraging any other person or persons so to remove, break, injure, or deface such locks or seals, or to open, break, or enter such car, vessel, or vehicle, with intent to remove or cause to be removed unlawfully any merchandise therein, or in any man- ner to injure or defraud the United States; and any person receiving any merchandise unlawfully removed from any such car, vessel, or vehicle, knowing it to have been so unlawfully removed, shall be guilty of felony, and in addi- tion to any penalties heretofore ])rescribed shall be j>unish- able by imprisonment for not less than six months nor more than two years. 232. Transportation in bond. Any merchandise, duly entered for warehousing, may r.s..3ooo. be withdrawn under bond, without payment of the duties, from a bonded warehouse in any collection-district, and be transported to a bonded warehouse in any other collection- district, and rewarehonsed thereat; and any such merchan- dise may be so transported to its destination wholly by laud, or wholly by water, or partially by land and partially by water, over such routes as the Secretary of the Treasury may prescribe, and may likewise be conveyed over any foreign territory, the government of which may have, or shall by treaty stipulations grant, a free right of way over such territory. The Secretary of the Treasury shall prescribe the form of the bond to be given for the trans])ortation of merchandise from ;i })ort in one collection-district to a port in another collection-district as provided in the i)receding section; also the time for such delivery; and for a failure to trans- l)ort and deliver within the time limited any such bonded merciiandise to the collector at the designated port, a duty of double the amount to which such merchandise would be liable shall be collected, which duty shall be secured by such bond, or the merchandise maybe seized and forfeited for such failure, and any steam or other vessel, or vehicle, transporting such bonded merchandise, the master, owner, or lonductor of which shall fail to deliver the same to the collector at the designated jiort, shall be liable to seizure and forfeiture. [And the Secretary of the Treasury is hereby authorized to remit, in whole or in part, on such con- ditions and under such regulations, not inconsistent with law, as he may prescribe, the additional duty secured by NAV 99, PT 2 13 K. S..3001. 194 PART XV. ENTRY OK MERCHANDISE. the boud given for the transijortation of merchaudise from a port in one collection-district to a port in another collection -district prescribed by the preceding section : Pro- vided, That it shall be proved to the satisfaction of the Sec- retary of the Treasury that the failure to transport and deliver the mercliandise aforesaid according- to the con- ditions of the bonds occurred without willful negligence or fraudulent intent on the part of the obligors.] 233. Transportation to specia/ ports. R.s.,3002. Any imported merchandise in the original packages which shall have been duly entered and bonded, in pursu- ance of the provisions relating to warehouses, may be with- drawn from warehouse for immediate ex[)ortation, without payment of duties, to Chihuahua, in Mexico, by the route of the Arkansas Eiver, through Van Buren, or by the route of the Red Eiver, through Fulton, or by the route of the Missouri Kiver, tlirough Independence, or by such other routes as may be designated by the Secretary of the Treas- ury. Any imi)orted merchandise duly entered and bonded at Brownsville, in the district of Brazos de Santiago, or imported and bonded at any other port of the United States, and transported thence in bond, and duly rewarehoused at Brownsville, may be withdrawn from warehouse for imme- diate exportation, without payment of duties, to ports and places in Mexico, by land or water, or partly by land and partly by water, or by such routes as may be designated by the Secretary of the Treasury. K.S..3003. Any imported merchandise duly entered and bonded in any port of the United States may be withdrawn from warehouse without jjayment of duties, for immediate expor- tation for San Fernando, Paso del Norte, and Chihuahua, in Mexico, through the port of Lavaca, in the collection - district of Saluria, in the State of Texas, and be trans- shipped inland, thence to San Antonio, in that State, and from the latter place to the destinations in Mexico, either by way of Eagle Pass, the Presidio del Norte, or San Elizario, all on the Rio Grande; and the Secretary of the Treasury is hereby authorized to prescribe such regula- tions, not inconsistent with law, as he may deem proper and necessary, respecting the packing, marking, inspection, proof of due delivery at their foreign destinations of the imports authorized by this and the foregoing section to be exported from warehouse to ports and xilaees in Mexico, and for the due protection in other respects of the public revenue. K. s., 3004. Imported merchandise duly entered and bonded at a port of the United States, and withdrawn from warehouse in accordance with existing law, for exi)ortation for San Fer- nando, Paso del Norte, and Chihuahua, in Mexico, may pass through Eagle Pass, the port of entry for the district of Saluria, in Texas, under such regulations as tlie Secretary of the Treasury shall prescribe, as well as through the port of Lavaca. PART XV. ENTRY OF MERCHANDISE. 195 All merchandise arriving at the ])orts of New York, iJ s^.^'ooj Boston, Portland in Maine, or any other port specially designated by the (Secretary ot the Treasury, and destined for places in the udjacent JJritisli ])r()vinces, or arriving at the port of Brownsville in Texas, or any other i)ort si)eciall3' designated by the Secretary of the Treasury, and destined for places in the rei)ublic of Mexico, may be entered at the custom-house, and conveyed, in transit, through the terri- tory of the United States, without the i)aymeut of duties, under such regulations as the Secretary of the Treasury may prescribe. Imported merchandise in bond, or duty i»aid, and prod- ^'^■•^oog. ucts or manufactures of the United Staties, may, Avitli the consent of the proi)er authorities of the British ])rovinces or republic of Mexico, be transi)orted from one port in the United States to another ])ort therein, over the territory of such provinces or republic, by such routes, and under such rules, regulations, and conditions as the Secretary of the Treasury may prescribe; and the merchandise so trans- ported shall, upon airival in the United States from such provinces or republic, be treated in regard to the liability to or exemption from duty, or tax, as if the transportation had taken place entirely within the limits of the United States. Railroad-cars or other vehicles laden with merchandise! ^-^-.^^oo-. sealed by a customs officer, passing, under the provisions of the preceding section and the regulations of the Secre- tary of the Treasury, from one port in the United States to another therein, through foreign contiguous territory, shall be exempt from the payment of any fees for receiving or certifying manifests thereof. No merchandise exported to Mexico or the British North i: s., wos. American Provinces shall be voluntarily landed or brought into the United States; and any so landed or brought into the United States shall be forfeited; and the same proceed- ing shall be had for its condemnation, and the distribution of the proceeds of the sales, as in other cases of forfeiture of merchandise illegally imported. Every person concerned in the voluntary landing or bringing such merchaTidise into the United States shall be liable to a penalty of four hun- dred dollars. 234. Immediate delivery. When merchandise shall be imported into any port of r.s, 1:966. the United States from any foreign country in vessels, and .Ti!ne26, iss*. it shall appear by the bills of lading that the merchandise so imported is to be delivered immediately after the entry of the vessel, the collector of such port may take posses- si(m of such merchandise and deposit the same in bonded warehouse; and when it does not appear by the bills of lading that the merchandise so imported is to be immedi- ately delivered, the collector of the customs may take pos session of the same, and deposit it m bonded warehouse, at the request of the owner, master, or consignee of the vessel, on three days' notice to such collector after the entry of the vessel. Sec. 24. 196 PART XV. ENTRY OF MERCHANDISE. 235. Immediate transportation. June 10, 1880. AYheii any raercliandise, other than explosive articles, June 14, 1880. aucl articles in bulk not i)rovided for in section five of this act, imported at the ports of June 10, 1880. Sec. 2. Sec. 3. Sec. 5. Feb. 23, 1887. Sec. 5. Boston, Miis8. Baltimore, Md. Bath, Me. Bangor, Me. Chicago, 111, Charleston, S. C. Cleveland, Ohio. Detroit, Mich. Dulnth, Minn. Feruandina, Fla. Galveston, Tex. Key West, Fla. Los Angeles, Cal. Marquette, Mich. Miami, Fla. Mobile, Ala. New York, N. Y. Newport News, Va. New Orleans, La. Norfolk, Va. Ogdensburg, N. Y. Philadelphia, Pa. Portland, Me. Port Huron, Mich. Portland, Oreg. Port Townsend, Wash. Pensacola, Fla. Rochester, N. Y. Savannah, Ga. San Francisco, Cal. Sault Ste. Marie, Mich. Seattle, Wash. San Diego, Cal. Sioux City, Iowa. Taconia, Wash. Tampa, Fla. Toledo, Ohio. Vanceboro, Me., shall appear by the invoice or bill of lading and manifest of the importing vessel to becousigned to and destined for either of the ports specified in the seventh section of this act, the collector at the port of arrival shall allow the said merchandise to be shipped immediately after the entry pre- scribed in section two of this act has been made. The collector at the port of first arrival shall retain in his office a permanent record of such merchandise so to be tbrwarded to the jiort of destination, and suth record shall consist of a copy of the invoice and an entry whereon the duties shall be estimated as closely as possible on the mei- chandise so shipped, but no oaths shall be re(piired on the said entry. Such merchandise shall not be subject to appraisement and liquidation of duties at the port of first arrival, but shall undergo such examination as the Secretary of the Treasury shall deem necessary to verify the invoice; and the same examination and appraisement thereof shall be required and had at the port of destination as would have been required at the port of first arrival if such mer- chandise had been entered for consumption or warehouse at such port. Such merchandise shall be delivered to and transported by common carriers, to be designated for this purpose by the Secretary of the Treasury, and to and by none others; and such carriers shall be responsible to the United States as common carriers for the safe delivery of such merchan dise to the collector at the port of its destination; and before any such carriers shall be permitted to receive and transport any such merchandise, they shall become bound to the United States in bonds of such form and amount, and with such conditions, not inconsistent with law, and such security as the Secretary of the Treasury shall require. Merchandise transported under the j)rovisions of this act shall be conveyed in cars, vessels, or vehicles securely fastened with locks or seals, under the exclusive control of the officers of the customs ; and merchandise may also be transported under the provisions of this act by express companies on passenger-trains, in safes, "pouches", and PART XV. ENTRY OF MERCHANDISE. 197 trunks, -wbicli shall be of such size, character, and descrip- tion and secured in sucli manner as shall be from time to time prescribed by the Secretary; And in cases where merchandise shall be imported in boxes or packages too large to be included within the safes, trunks, or "pouches" as i)res(!ribed, such merchandise may be transported under the provisions of this act by such express companies, "corded and sealed", in such man- ner as shall from time to time be prescribed by the .Secre- tary of the Treasury ; And "passengers'' baggage and effects arriving at any of the ports specitied in section one of this act, which shall appear by the manifest of the importing vessel, or other satisfactory evidence, to be destined to any of the jiorts specified in the seventh section, may also be transported by express companies under the provisions ot this act to any of the ports specified in the seventh section thereof, in such manner and under such rules and regulations as the Secretary of the Treasury may prescribe; And merchandise such as pig-iron, spiegleiron, scrap- iron, iron-ore, railroad-iron, and similar articles commonly transported upon platform or tlat cars may be transported under the provisions of this act upon such platform or tlat cars; and the weight of such merchandise so transported shall be ascertained in all cases before shipment, and ordi- nary railroad seals may be used for such purposes; and inspectors shall be stationed at proper points along the designated routes, or upon any car, vessel, vehicle, or train, at the discretion of the Secretary of the Treasury, and at the expense of the comi)anies, respectively. Such merchandise shall not be unladen or transshipped between the ports of first arrival and final destination, unless authorized by the regulations of the Secretary of the Treasury in cases which may arise from a difference in the gauge of railroads, or "where the route is bonded for both land and water caniage", or from a<;cidents, or from legal intervention, or when, by reason of the length of the route, the cars, after due inspection by customs oflicers, shall be considered unsafe or unsuitable to proceed further, or from low water, ice, or other unavoidable obstruction to navigation ; and in no (;ase shall there be permitted any breaking of the original i)ackages of such merchandise. Sectionfiveof the Act approved June tenth, eighteen hull- Feb. 2. ison. dred and eighty, governing the immediate transitortation of dutiable goods without appraisement, be, and the same is hereby, so amended as to allow common carriers bonded under the provisions of said Act, in instances where a sufficient quantity of such merchandise is not offered at the port of first arrival to fill an entire car, or comi)artment thereof, to forward such merchandise in cars not secured by the prescribed customs fastenings if the i)ackages are , corded and sealed, under reguhitions to be prescribed by the Secretary of the Treasury; in all other respects the provisions of the Act referred to to remain in full force. 198 PART XV. ENTRY OF MERCHANDISE. June 10,1880. Sec. 7. The privilege of immediate transportation shall extend to the ports of : Sec. 9. July 2, 1884. Sec. 6. Feb. 23, 1887 Atlanta, Ga. Albany, N. Y. Buffalo, N. Y. Burlington, Vt. Boston, Mass. Baltimore, Md. Bath, Me. Bangor, Me. Bridgeport, Conn. Charleston, S. C. Chicago, 111. Cincinnati, Ohio. Council Bluffs, Iowa. Cleveland, Ohio. Columbus, Ohio. Detroit, Mich. Denver, Colo. Duluth, Minn. Dubuque, Iowa. Des Moines, Iowa. Dunkirk, N. Y. Evansville, Ind. Enfield, Conn. Eri<^ Pa. Georgetown, D. C. Galveston, Tex. Gladstone, Mich. Grand Haven, Mich. Grand Rapids, Mich. Hartford, Conn. Indianapolis, Ind. Jacksonville, Fla. Kansas City, Mo. Key West, Fla. Kuoxville, Tenn. Louisville, Ky. Lincoln, Nebr. Los Angeles, Cal. Marquette, Mich. Middletown, Conn. Minneapolis, Minn. Milwaukee, Wis. Memphis, Tenn. Mobile, Ala. Nashville, Tenn. Newark, N. J. Newport News, Va. New York, N. Y. New Haven. Conn. Norfolk, Va. New Orleans, La. Omaha, Nebr. Ogdensburg, N. Y. Providence, R. I. Philadelphia, Pa. Pittsburg, Pa. Portland, Me. Portsmouth, N. H. Port Huron, Midi. Portland, Oreg Port Townsend, Wash. Richmoiul, Va. Rochester, N. Y. Sandusky, Ohio. Sioux City, Iowa. San Antonio, Tex. Springfield, Mass. Savannah, Ga. Santa Barbara, Cal. St. Augustine, Fla. St. Louis, Mo. St. Joseph, Mo. St. Paul, Minn. San Francisco, Cal. San Diego, Cal. Saiilt Ste. Marie, Mich. Seattle, Wash. Syracuse, N. Y. Tampa, Fla. Tacoma, Wnsh. Titusville, Pa. Toledo, Ohio. Vanceboro, Me. Wilmington, Del. Wilmington, N. C. Provided, That th«^ privilege of transportation herein con- ferred shall not extend to any place at .vhich there are not the necessary officers for the ajjpraisement of merchandise and the collection of duties. No merchandise shall be shipped under the provisions of this act after such merchandise shall have been landed ten days from the importing vessel, and merchandise not entered within such time shall be sent to a bonded ware- house by the collector as unclaimed, and held until regu- larly entered and appraised. Merchandise so destined for immediate trarisportation shall be transferred, under proper supervision, directly from the importing vessel to the car, vessel, or vehicle specified in the entry. The provisions of the act entitled, " An act to amend the statutes in relation to the immediate transportation of duti- able goods, and for other purposes," approved June tenth eighteen hundred and eighty, be, and the same are hereby, so amended as to allow merchandise liable to specific rates of duty only to be entered for immediate transportation without appraisement to any of the ports mentioned in the seventh section of said act, although the same may not appear by the invoice, bill of lading, or manifest of the importing vessel to be consigned to or destined for either of said i)orts, when the consignee at the port of first arrival shall make written application therefor to the collector, giving the name of the person at the port or destination to whom he desires the merchandise to be consigned; and PART XV. — ENTRY OF :vI1:K('1IANI)ISE 190 whenever such iipiilication aud eutry shall be made, the original invoice presented by the consignee at the port of first arrival shall be forwarded, with a coi)y of the tr;uis- portation entry, to the collector at the ])ort of destination; and a copy of such invoice shall be retained on file at tlio port of first arrival. The original invoice so forwarded shall be treated as the oidy invoice of the merchandise ui)on which entry shall be made at the port of destination, and the person making such entry shall be hi^ld responsible for the statements con- tained therein in the same manner as if the merchandise had been oiiginally consigned to him: Provided, ho/rcver, That the privileges herein conferred shall not extend to any merchandise the duties upon which, or any portion thereof, depend upon the value of such merchandise: And provided further, That such privilege shall be granted only in cases where no part of the merchandise shall have been landed prior to entry for immediate transi)ortation as aforesaid. 236. Salvage of merchandise. All merchandise imported into the United States shall, r.s., 3058. for the purpose of this title [K. S., 2o]7-3129] be deemed I'eb. 23, i887. aud held to be the property of the person to whom the merchandise may be consigned; but the holder of any bill of lading consigned to order aud endorsed by the con- signor shall be deemed the consignee thereof. And in case of the abandonment of auy merchandise to the underwriters, the latter may be recognized as the con- signee, and under such regulations as the Secretary of the Treasury may prescribe, merchandise saved from a vessel wrecked or abandoned at sea, or on or along the coasts of the United States and promptly brought into a port of the United States by or in possession of the salvors of the same, can, for the purpose of its title, be regarded as the property of such salvors, and the valuation thereof and payment of duties thereon can be made accordingly and with due refer- ence to the condition of said merchandise as thus saved and the necessities of the case: Provided, how ever. That such bringing in by salvors shall be in good faith and without intent to evade the just pay- ment of duty : And provided further, That nothing herein contained shall be 80 construed as to prejudice in any other respect the rights of property, or of or through abandonment or allow- ance of the owner or any other person interested in said merchandise. 237. Bond of firm or partnership. When any bond is reqnired by law to be executed by any •'!'•"" 20. i-sTe. firm or partnership for the payment of duties upon goods, wares or merchandise, imported into the United States by such firm or partnership, the execution of such bond by any member of such firm or ])artnersliip, in the name of said firm or partnership, shall bind the other members or part- 200 PART XV. ENTRY OF MERCHANDISE. ners thereof, iu like mauuer and to tbe same extent, as if such other members or partners had personally executed the same. And anj^ action or suit may be instituted on such bond against all the members or partners of such Arm, as if ^all of the members or partners had executed the same. 238. Refund of customs duties. Mar. 3,1875. ^o moucys collccted as duties on imi)orts, iu accordance with auy decision, ruling, or direction previously made or given by the Secretary of the Treasury, shall, except as hereinafter provided, be refunded or repaid, unless in accord- ance with the judgment of a circuit or district court of the United States giving construction to tlie law, and from which the Attorney-Ueneral shall certify that no appeal or writ of error will be taken by the I'nited States; or unless in pursuance of a special appropriation for the particular refund or repayment to be made : Provided, That whenever the Secretary shall be of opin- ion that such duties have been assessed and collected under an erroneou.s view of the facts in the case, he may authorize a re-examination and reliquidatioii in such case, and make such refund in accordance with existing laws as the facts so ascertained shall, in his opinion, justify; but no such reliquidatioii shall be allowed unless protest and appeal shall have been made as required by law: Frovided j'i(rthn\ That the restrictive provisions of this act shall not apply to such ])ersonal and household effects and other articles, not merchandise, as are by law exempt from duty: And provided also, That this act shall not aff'ect the refund to excess of deposits based on estimated duties nor prevent the correction of errors in liquidation, whether for or against the Government, arising solely upon errors of fact discov- ered within one year from the date ot payment, and, when in favor of the Government, brought to the notice of the collector within ten days from the date of discovery. Sec. 2. jfo ruling or decision once made by the Secretary of the Treasury, giving construction to any law imposing customs duties, shall be reversed or moditied adversely to the United States, by the same or a succeeding Secretary, except in concurrence with an opinion of the Attorney-General recom- mending the same, or a judicial decision of a circuit or dis- trict court of the United States conflicting with such rul- ing or decision, and from which the Attorney-General shall certify that no appeal or writ of error will be taken by the United States: Provided, That the Secretary of the Treasury maj^ in his discretion, decline to acquiesce iu the judgment, decision, or ruling of an inferior court upon any question affecting the interests of the United states, when, in his opinion, such interests require a final adjudication of such question by the court of last resort. Bee. 3. The Secretary of the Treasury shall have power to make such regulations, not inconsistent with law, as maybe nec- essary' to carry this act into effect. PART W. EN'nn Ol' MERCHANDISK. "JOl The Secretary of the Treasury shall, in his anmuii report ^^''■^■ to Cougress, give a detailed sratemeut of the various sums of money refunded under the provisions of this act or of any other act of Congress relating to the revenue, together with copies of the j-uliiigs under which repayments were made: Prodded, That in all cases where the Secretary of the Treasury shall so re(piest the Attorney-General shall take an appeal to the Supreme Couit. 239. Fraudulent importation of merchandise. , If any person shall fraudulently or knowingly import or k.6.,;!082 bring into the United States, or assist in so doing, any merchandise, contrary to la.v, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, con- cealment, or sale of such merchandise after importation, knowing the same to have been imported contrary to law, such merchandise shall be forfeited and the offender shall be fined in any sum not exceeding five thousand dollars nor less than fifty dollars, or be iui|)risoned for any time not exceeding two years, or both. Whenever, on trial for a violation of this section, the defendant is shown to have or to have had possession of such goods, such possession shall be deemed evidence sufficient to authorize conviction, unless the defendant shall explain tlie possession to the satisfaction of the jury. 240. Bribery and solicitation of bribes. Any person who shall give, or offer to give or promise to give any money or thing of value, directly or indirectly, to any officer or employee of the United States in consider- ation of or for any act or omission contrary to law in connec- tion with or pertaining to the importation, ai)i)raisement, entry, examination, or inspection of goods, wares, or mer- chandise including herein any baggage, or of the liquida-. tion of the entry thereof, or shall by threats or deuumds, or promises of any character attempt to improperly influ- ence or control any such officer or employee of the United States as to the performance of his official duties shall, on conviction thereof, be fined not exceeding two thousand dol- lars, or be imprisoned at hard labor not more than one year, or both, in the discretion of the court; and evidence of such giving, or offering, or promising to give, satisfactory to the court In which such trial is had, shall be regarded as prima facie evidence that such giving or offering or promising was contrary to law, and shall put upon the accused the burden of proving that such act was innocent, and not done with an unlawful intention. Any officer or employee of the United States who shall, excepting for lawful duties or fees, solicit, demand, exact or receive from any person, directly or indirectly, any money or thing of value, in connection with or pertaining to the importation, appraisement, entry, examination, or inspec- tion of goods, wares, or merchandise, including herein any baggage, or liquidation of the entry thereof, on conviction June 10, 1890. .Sec. 26 202 PART XV. ENTRY OF MERCHANDISE. thereof, shall be flued not exceeding five thousand dollars, or be imprisoned at hard labor not more than two years, - or both, in the discretion of the court. And evidence of such soliciting, deniauding, exacting, or receiving, satis- factory to the court in which such trial is had, shall be regarded as prima facie evidence that such soliciting, de- manding, exacting, or receiving was contrary to law, and shall put upon the accused the burden of j^roving that such act was innocent and not with an unlawful intention. 241. Express packages. Junes, 1896. Articlcs, uot merchandise intended for sale, not exceed- ing tive hundred dollars in value, imported in packages not exceeding one hundred pounds in weight, in vessels of the United States, may be specially delivered to and appraised at the public stores, and the entry thereof liquidated by the collector under such regulations as the Secretary of the Treasury may prescribe, and after such appraisement and liquidation may be delivered, upon jiayment of the liqui- dated duties under the bond provided for in this Act, to express companies or other duly incorporated inland carri- ers bonded for the transportation of appraised or unap- praised merchandise between theseveral ports in the United States: Provided, That not more than one such consign- ment to one ultimate consignee from the same consignor shall be imported in anyone vessel: And provided, That the original appraisement of and liquidation of duties on such importations shall be final against the owner, importer, agent, or consignee, except in the case of manifest clerical errors, as provided for in section twenty four of the Act of June tenth, eighteen hundred and ninety: Provided, That nothing contained in this Act shall apply to explosives, or any article the importation of which is prohibited by law. Sec. 2. Such express companies or other inland carriers shall be responsible to the United States under bond for the safe delivery of such articles to the ultimate consignee: Pro- vided, That if any i^ackage shall not be delivered to the ultimate consignee by the express company or other inland carrier, and shall be returned to the collector of the port where such articles are entered under the provisions of this Act within ninety days from the date of importation intact, the collector shall take charge of such package and dispose of it as unclaimed merchandise, and the duties, including additional duties, if any, under section seven of the Act of June tenth, eighteen hundred and ninety, i)aid shall be refunded by the Secretary of theTreasury out of any moneys in the Treasury not otherwise appropriated; and the ex- press company or other inland carriers shall be relieved of any liability therefor under its bond; and before any ex- press company or other inland carrier shall be permitted to receive and transport any such articles they shall become bound to the United States in such bonds, in such form and amount, and with such conditions not inconsistent with law as the Secretary of the Treasury may require. PART XV. ENTKY OF MERCHANDISK. 203 Articles transported under the provisions of this Act ^^^■'•f- shall be corded and sealed in such manner as shall from time to time be prescribed by the Secretaiy of the Treas- ury: and the collector of the port of tirst arrival shall retain in his office a permanent record of such merchandise so for- warded. Such packages may be consigned to and entered by the ^♦'*=*- agents of the express company or other inland carrier or steamship company, who shall at the time of entry state the ultimate consignee, and in all cases where a certified or other invoice is now recjuired by law such invoice may be attached to or inclosed in the package, under such regula- tions as the Secretary of the Treasury may prescribe; and the delivery of such .articles to the express comjjany or other inland carrier shall not be delayed because of the uonarrival of the triplicate invoice, but the ultimate con- signee shall be liable for any increased duty found due on reliquidation, if any, after receipt of said merchandise from the express company or other inland carrier or steamship company making entry under this Act; and the provisions of section twenty-eight hundred and fifty-seven. Revised Statutes, shall not apply to importations under this Act. 242. Liens for freight or genera/ average. Whenever the collector of the port of entry of the vessel, k. s.. 2981. or other proper officer of the customs, shall be duly noti lied ^'=>y -'i' i'*^*'- in writing of the existence of a lien for freight, charges, or contribution in general average upon imi)orted goods, wares, or merchandise in his custody, he shall, before delivering such goods, wares, or merchandise to the importer, owner, or consignee thereof for consumption, or to any vessel or vehicle for transportation or exportation, give seasonable notice to the party or parties claiming the lien ; and the pos- session by the officersof customs shall not affect thedischarge of such lien, under such regulations as the Secretary of the Treasury may prescribe; and such officer shall refuse the delivery of such merchandise from any public or bonded warehouseorother placein which thesameshall bedeposited until proof to his satisfaction shall be produced that the freight, charges, or contribution in general average thereon has been paid or secured ; butthe rightsof the United States shall not be prejudiced thereby, nor shall the United States or its officers be in any manner liable for losses conseiiuent upon such refusal to deliver. If merchandise so subject to a lien, regarding which notice has been filed, shall be for- feited to the United States and sold, the freight, charges, or contribution in general average due thereon shall be paid from the proceeds of such sale in the same manner ;is other charges and expenses authorized by law to be i^aid therefrom are paid. Part XVL— TARIFF PROVISIONS DIRECTLY RELATING TO VESSELS. 243. Coal. 244. SMpbiiilding materials. 245. Materials for repairs. 246. Sunken merchandise. 247. Supplies. 248. Sea stores and equipments. July 24, 1897 415. 523. R. S.; 2513. Aug. 28, 1894. Sec. 7. July 24,1897. Sec". 12. 243. Coal. Coal, bituminous, and all coals containing less than ninety-two per centum of fixed carbon, and sbale, sixty- seven cents per ton of twenty-eigbt bushels, eighty pounds to the bushel ; coal slack or culm, such as will pass through a half-inch screen, fifteen cents per ton of twenty-eight bushels, eighty pounds to the bushel: Provided, That on all coal imported into the United States, which is after- wards used for fuel on board vessels propelled by steam and engaged in trade with foreign countries, or in trade between the Atlantic and Pacific ports of the United States, and which are registered under the laws of the United States, a drawback shall be allowed equal to the duty imposed by law upon such coal, and shall be paid under such regulations as the Secretary of the Treasury shall prescribe; coke, twenty per centum ad valorem. Coal, anthracite, not specially provided for in this Act, and coal stores of American vessels, but none shall be unloaded. [Free List.] 244. Shipbuilding materials. All materials of foreign production which may be neces- sary for the construction of vessels built in the United States for foreign account and ownership or for the purpose of being employed in the foreign trade including the trade between the Atlantic and I'acific ports of the United States, and all such materials necessary for the building of their machinery, and all articles necessary for their outfit and equipment, after the passage of this Act, may be imported in bond under such regulations as the Secretary of the Treasury may prescribe ; and upon proof that such mate- rials have been used for such purposes no duties shall be paid thereon. But vessels receiving the benefit of this sec- tion shall not be allowed to engage in the coastwise trade of the United States more than two months in any one year except upon the payment to the United States of the duties of which a rebate is herein allowed : Provided, That vessels built in the United States for foreign account and ownership shall not be allowed to engage in the coastwise trade of the I'nited Stat*^^. 204 Aug. 28, 1894. PART XVI. TARIFF PROVISIONS RELATING TO VESSELS. 205 245. Materials for repairs. All articles of foreign production needed for the repair u. s.'j.ih. of American vessels engaged In foreign trade, including the trade between the Atlantic and Pacific ports of tlie United States, may be withdrawn from bonded warehouses juiy 24, iso- free of duty, under such regulations as the Secretary of see. 13. the Treasury may prescribe. Machinery for repair maybe imported into the Unitetl iis.,2.^jii. States without payment of duty, under bond, to be given in double the appraised value thereof, to be withdrawn and exported after said machinery shall have been repaired; and the Secretary of the Treasury is authorized and directed to j)rescribe such rules and regulations as may be necessary to protect the revenue against traud and secure the identity and character of all such im})ortations when again withdrawn and exported, restricting and limiting the exi)ort and withdrawal to the same port of entry where Aug. 28, isoi imported, and also limiting all bonds to a period of time of sec. 13. not more than six months from the date of the importation. 246. Sunken merchandise. Whenever any vessel laden with merchandise in whole k. s.,2507. or in part subject to duty has been sunk in any river, har- bor, bay, or waters subject to the jurisdiction of the United States, and within its limits, for the period of two years, and is abandoned by the owner thereof, any person who may raise such vessel shall be permitted to bring any mer- chandise recovered therefrom into the port nearest to the secf2or place where such vessel was so raised free from the pay- .juiy 24, 1897. ment of any duty thereupon, but under such regulations sec. 23. as the Secretary of the Treasury may prescribe. 247. Supplies, That all articles of foreign or domestic production needed i""© 26, i884 and actually withdrawn from bonded warehouses and ^"^^^^ bonded manufacturing warehouses for supplies (not includ- ing equipment) of vessels of the United States engaged in foreign trade, or in trade between the Atlantic and Pacific ports of the United States, may be so withdrawn from said bonded warehouses, ti^ee of duty or of internal -revenue tax, as the case may be, under such regulations as the Secretary of the Treasury may i)rescribe; but no such articles shall be landed at any port of the United States. 248. Sea stores and equipment. [See paragraph 204.] Auk. 28, 1894. July 24. 1897. Sec. 14. Part XVIL— CONSULS' SERVICES TO VESSELS. 249. Consuls' services to vessels. | 250. Naval officer acting us consul. 249. Consuls' services to vessels. K. s., 1707. Consuls aucl vice-consuls shall have the right, in the ports or places to which they are severally appointed, of receiv- ing the protests or declarations which captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by consuls or vice consuls, under the seal of their consulates, respec- tively, shall be received in evidence equally with their orig- inals in all courts in the United States. E. s., 170S. Ev^ery consular officer shall keep a detailed list of all sea- men and mariners shipped and discharged by him, specify- ing their names and the names of the vessels on which they are shii)ped and from which they are discharged, and the payments, if any, made on account of each so discharged ; also of the number of the vessels arrived and departed, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other returns, to the Secretary of the Treasury. K. s., 1718. Whenever any master or commander of a vessel of the United States has occasion for any consular or other official service, which any consular officer of the United States is authorized by la.w or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the consulate or commercial agency where such service is required to per- form such service, and shall pay to such officer the fees allowed for such service by the rates or tariffs of fees. And every such master or commander who omits so to do shall be liable to the United States for the amount of the fees lawfully chargeable for such services when actually per- formed. All consular officers are authorized and required to retain in their jjossession all the papers of such vessels, which shall be deposited with them as directed by law, till payment shall be made of all demands and wages on ac- count of such vessels. 206 PART XVII. consuls' SEHVICKS TO VESSELS. 207 No fees luvmed in tlie tarift" of consular fees prescribed -Ji'i'^'^-". is**. by order of the IMesidoiit shall Itc charged or collected by ^^■'•^-• consular ollicers for the ollicial services to American ves- sels and seamen. Consnlar ollicers shall furnish the master of every such ve;ssel with an itemized statement of snch services performed on account of said vessel, with the fees so prescribed for each service and make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may pre- scribe; and the Secretary of the Treasnrj' shall allow con- sular ofiicers who are paid in whole or in part by fees such compensation for said services as they would have received prior to the passage of this act: Frorided, That such serv- ices in the opinion of the Secretary of the Treasury have been necessarily rendered. No consular oflicer, nor any i^erson under any consular k. s, i7i». officer shall make any charge or receive, directly or indi- rectly, any compensation, by way of commission or other- wise, for receiving or disbursing the wages or extra wages to which any seaman or mariner is entitled who is dis- charged in any foreign country, or for any money advanced to any such seaman or mariner who seeks relief from any consulate or commercial agency; nor shall any consular officer, or any person under any consular officer, be inter- ested, directly or indirectly, in any profit derived from clothing, boarding, or otherwise supplying or sending home any such seaman or mariner. Such probibition as to profit, however, shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States, from transporting in such vessel any such seaman or mariner, or from receiv'ing or being interested in such reasonable allowance as may be made for such transportation by law. American vessels running regularly by weekly or monthly R s , 1720. trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year. The fee for certifying invoices to be charged by the con u. s.,1721. sul-general for the British North American Provinces, and his subordinate consular officers and agents, for goods not exceeding one hundred dollars in value, shall be one dollar. 250. Naval officer acting as consul. The commanding officer of any fleet, squadron, or vessel k.s,,1433. acting singly, when upon the high seas or in any foreign port where there is no resident consul of the United States, shall be authorized to exercise all the powers of a consul in relation to mariners of the United States. Part XVIII— COMMERCE WITH CONTIGUOUS COUNTRIES. 251. Size of foreigu-trade vessels. 259. Duties on repairs. 252. Evasion of the coasting laws on the 260. Entry from one district to another. lakes and frontiers. 253. Inward manifests. 254. Customs inspection. 255. Customs seals on frontier. 256. Transfer of cargo. 257. Sea-stores. 258. Saloon stores. 261. Discharging cargo and passengers. 262. Steam tugs. 263. Forms and penalties. 264. Touching at foreign ports. 265. Foi'eign merchandise. 266. Special provisions for British North America. 251. Size of foreign-trade vessels. R. s., 3095. Except into the districts hereinbefore described on the northern, northwestern, and western boundaries of the United States, adjoining- to the Dominion of Canada, or into the districts adjacent to Mexico, no merchandise of foreign growth or manufacture, subject to the payment of . duties, shall be brought into the United States from any foreign i^ort in any other manner than by sea, nor in any vessel of less than thirty tons burden, agreeably to the admeasurement directed for ascertaining the tonnage of vessels; or landed or unladen at any other port than is directed by this Title [E. S., 2517-3129], under the penalty of seizure and forfeiture of all such vessels, and of the mer- chandise imported therein, landed or unladen in any other manner. R. s., 3oor,. All persons may import any merchandise of which the importation shall not be entirely prohibited, into the dis- tricts which are or maybe established on the northern and northwestern boundaries of the United States, in vessels or boats of any burden, and in rafts or carriages of any kind or nature whatsoever. 252. Evasion of coasting laws on the lakes and frontiers. R. s., ;iiio. If any merchandise shall, at any port in the United States on the northern, northeastern, or northwestern frontiers thereof, be laden upon any vessel belonging wholly or in part to a subject of a foreign country, and shall be taken thence to a foreign port to be reladen and reshipped to any other port in the United States on such frontiers, either by the same or any other vessel, foreign or American, with intent to evade the ])rovisions relating to the transportation of merchandise from one port of the ■^ United States to another i^ort of the United States, in a vessel belonging wholly or in part to a subject of any 208 PART XVIII. COMMERCE WITH CONTIGUOUS COUNTRIES. 209 foreign power, the inercUandise shall, on its arrival at such last-uamed port, be seized and forfeited to the United States, and the vessel shall pay a tonnage-duty of lifty cents per ton on her admeasurement. 253. Inward manifests. All vessels, boats, rafts, and carriages, of what kind k. s.,3097. soev^er, arriving in such districts, on the northern and northwestern frontiers, containing merchandise subject to duties, on being imported into any port of the Ihiited States, shall be reported to the collector, or other cliief offi- cer of the customs at the port of entry in the district into which it shall be so imported; and such merchandise shall be accompanied Avith like manifests, and like entries shall be made, by the persons having charge of any such ves- sels, boats, rafts, and carriages, and by the owners or con- signees of the merchandise laden on board the same; and the powers and duties of the officers of the customs shall be exercised and discharged in the districts last mentioned, in like manner as is prescribed in respect to merchandise imported in vessels from the sea; and generally, all such importations shall be subject to like regulations, penalties, and forfeitures as in other districts, except as is hereinafter specially provided. The master of any vessel, except registered vessels, and ks.,3098. every person having charge of any boat, canoe, or raft, and the conductor or driver of any carriage or sleigh, and every other person, coming from any foreign territory ad- jacent to the United States into the United States, with merchandise subject to duty, shall deliver, immediately on his arrival within the United States, a manifest of the cargo or loading of such vessel, boat, canoe, raft, carriage, or sleigh, or of the merchandise so brought from such foreign territory, at the office of any collector or deputy collector which shall be nearest to the boundary-line, or nearest to the road or waters by which such merchandise is brought; and every such manifest shall be verified by the oath of such person delivering the same; which oath shall be taken before such collector or deputy collector; and such oath shall state that such manifest contains a full, just, and true account of the kinds, quantities, and values of all the merchandise so brought from such foreign territory. If the master, or other person having charge of any ves- it. s., 3009. sel, boat, canoe, or raft, or the conductor or driver of any carriage or sleigh, or other person bringing such merchan- dise, shall neglect or refuse to deliver the manifest required by the preceding section, or pass by or avoid such office, the merchandise subject to duty, and so imported, shall be forfeited to the United States, together with the vessel, boat, canoe, or raft, the tackle, apparel, and furniture ot the same, or the carriage or sleigh, and harness and cattle drawing the same, or the horses with their saddles and bridles, as the case may be ; and such master, conductor, NAV 99, PT 2 14 210 PART XVIII. COMMERCE WITH CONTIGUOUS COUNTRIES. or other importer shall be subject to a penalty of four times the value of the merchandise so imported. 254. Customs inspection. K.s.,3100. All merchandise, and all baggage and effects of passen- gers, and all other articles imported into the United States from any contiguous foreign country, except as hereafter provided, as well as the vessels, cars, and other vehicles and envelopes in which the same shall be imported, shall be unladen in the presence of, and be insi)ected by, an inspector or other officer of the customs, at the first port of entry or custom-house in the United States where the same shall arrive ; and to [enable the proper officer thorouglily to discharge this duty, he may require the owner or his agent, or other person, having charge or possession of | any trunk, traveling-bag, or sack, valise, or other envelope, or of any closed vessel, car, or other vehicle, to open the same, or to deliver to him the proper key. K.s.,3101. If any owner, agent, or other person shall refuse or neg- lect to comply with his demands, allowed by the preceding section, the officer shall retain such trunk, traveling bag, or sack, valise, or whatsoever it may be, and open the same, and, as soon thereafter as may be practicable, examine the contents; and if any article subject to the payment of duty shall be found therein, the whole contents, togetlier with the envelope, shall be forfeited to the United States, and disposed of as the law provides in other similar cases. If any such dutiable merchandise or article shall be found in any such vessel, car, or other vehicle, the owner, agent, or other person in charge of which shall have refused to open the same or deliver the key as herein provided, the same, together with the vessel, car, or other vehicle, shall be for- feited to the United States, and shall be held by such officer, to be disposed of as the law provides in other similar cases of forfeiture. 255. Customs sea/s on frontier. E.s.,3102. To avoid the inspection at the first port of arrival, the owner, agent, master, or conductor of any such vessel, car, or other vehicle, or owner, agent, or other person having charge of any such merchandise, baggage, effects, or other articles, may apply to any officer of the United States duly authorized to act in the premises, to seal or close the same, under and according to tlie regulations hereinafter author- ized, previous to their importation into the United States; which officer shall seal or close the same accordingly; whereupon the same may proceed to their port of destina- tion without further inspection. Every such vessel, car, or other vehicle, shall proceed, without unnecessary delay, to the port of its destination, as named in the manifest of its cargo, freight, or contents, and be there inspected. Nothing contained in this section shall be construed to exempt such vessel, car, or vehicle, or its contents, from such examina- tion as may be necessary and proper to prevent frauds upon the revenue and violations of this Title [R. S., 2517-3121)1. PART XVIII. COMMERCE WITH CONTIGUOUS Col'NTiaKS. 211 The Secretary of the Treasury is hereby authorized and k s.,3103. required to make such rejiulations, and from time to time so to change the same as to liim shall seem necessary and proper, for sealing such vessels, cars, and other vehicles, when practicable, and for sealing, marking, and identifying such merchandise, baggage, oftects, trunks, traveling-bags, or sacks, valises, and other enveloi)es and articles ; and also in regard to invoices, manifests, and other i)ertinent papers, and their authentication. If the owner, master, or person in charge of any vessel, iportunity to renew such license, then said tine of thirty dollars shall not be incirred. And so much of section four thousand three hundred and seventy-one of the Revised Statutes as relates to vessels entitled to be documented as vessels of the United States is hereby repealed. R. s., 4372. jf any vessel be at sea at the expiration of the time for which the license was given, and the master of such vessel shall swear that such was the case, and shall also, within forty-eight hours after his arrival, deliver to the collector of the district in which he shall first arrive the license which shall have expired, the forfe'ture prescribed in the preceding section shall not be incurred, nor shall the vessel be liable to pav the fees and tonnage therein required. R.s.,4377. Whenever any licensed vessel is transferred, in whole or in part, to any person who is not at the time of such transfer a citizen of and resident within the United States, or is em- ployed in any other trade than that for which she is licensed, or is found with a forged or altered license, or one granted for any other vessel, such vessel with her tackle, apparel, and furniture, and the cargo, found on board her, shall be forfeited. But vessels which may be licensed for the mack- erel-fishery shall not incur such forfeiture by engaging in catching cod or fish of any other description whatever. 282. Forfeiture of vessel and merchandise. R.s.,4378. Any merchandise on board any vessel which belongs, in good faith, to any person other than the master, owner, or mariners of such vessel, and upon which the duties have been paid, or secured according to law, shall be exempted from any forfeiture under this Title [R. S., 4311-4390]. R. s., 4379 In every case where a forfeiture of any vessel or mer- chandise shall accrue, it shall be the duty of the collector or other proper officer, who shall give notice of the seizure of such vessel or of such merchandise, to insert in the same advertisement the name and the place of residence of the person to whom any such vessel and merchandise belonged or were consigned, at the time of such seizure, if the same be known to him. R.s.,4380. All penalties and forfeitures which shall be incurred by virtue of this Title [R. S., 4311-4390] may be sued for, j^rose- cuted, and recovered as penalties and forfeitures incurred by virtue of the laws relating to the collection of duties, and shall be appropriated in like manner; except when otherwise expressly prescribed. Part XX.— TRADE WITH HAWAII. 283. Annexation Resolution. Whereas the Government of the Republic of ITawaii, hav- -^"^y '• ^^ss iug, in due form, sig^nilied its consent, in the manner pro vided by its constitution, to cede absolutely and without reserve to the United States of America all rights of sov- ereignty of whatsoever kind in and over the Hawaiian Is- lands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownersliip of all public. Government, or Crown lauds, public buildings or edifices, ports, harbors, military equipment, and all other l)ublic property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore, Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbe- fore mentioned are vested in the United States of America. The existing laws of the United States relative to public lands shall not apply to such lands in the llawiuian Is- lands; but the Congress of the United States shall enact special laws for their management and disposition : I*ro- rided, That all revenue from or proceeds of the same, ex- cept as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local govern- ment, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes. Until Congress shall provide for the government of such islands all the civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be ex- ercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned. The existing treaties of the Hawaiian Islands with for- eign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be here- after concluded, between the United States and such for- eign nations. The municipal legislation of the Hawaiian 227 228 PART XX. TRADE WITH HAWAII. Islands, not enacted for the fullillment of the treaties so extinguished, and not inconsistent with this joint resolu- tion nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall re main in force until the Congress of the United States shall otherwise determine. Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Is lands the existing customs relations of the Ilawaiian Islands with the United States and other countries shall remain unchanged. The public debt of the Republic of Hawaii, lawfully ex- isting at the date of the passage of this joint resolution, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Govern ment of the United States; but the liability of the United States in this regard shall in no case exceed four million dollars. So long, however, as the existing Government and the present commercial relations of the Hawaiian Is- lands are continued as hereinbefore provided said Govern ment shall continue to pay the interest on said debt. There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States ; and no Chinese, by reason of anything herein con- tained, shall be allowed to enter the United States from the Hawaiian Islands. Part XXI.— TRADE WITH PORTO RICO. 284. Treaty of Peace. Spain cedes to tlie United States the island of Porto Rico Apr. ii, isdd. and other islands now nnder Si)anish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladroues. Article II, Treaty of Paris, Dec. 10, 1898, pro- claimed, Apr. 11, 181)9.J 229 Part XXII.— TRADE WITH THE PHILIPPINES. 285. Treaty of Peace. Apr. 11, 1899. Spaiu cedes to the United States tue archipelago known as the Philippine Islands. [Article III, Treaty of Paris, Dec. 10, 1898, proclaimed, Apr. 11, 1899.] The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States. [Article lY, Treaty of Paris, Dec. 10, 1898, proclaimed, Apr. 11, 1899.] 230 Part XXIIL— TRADE WITH ALASKA. 286. Subject to coasting laws. 291. Procedure. 287. Fireaiiiis and li(inor. 292. St. Paul aad St. George islands. 288. Speciiil licenses. 293. Transit in bond. 289. Transfer of cargo. 294. Crimes and penalties. 290. Yukon and Stikine river trade. 286. Subject to coasting laws. The laws of the United States relating to customs, com- u.s.,1954. merce and navigation are extended to and over all the mainland, islands, and waters of the territory ceded to the United States by the Emperor of Kussia by treaty con- cluded at Washington on the thirtieth day of March, anno Domini eighteen hundred and sixty-seven, so far as the same may be applicable thereto. The coasting- trade between the territory ceded to the K.s.,4358. United States by the Emjieror of Russia and any other portion of the United States shall be regulated in accord- ance with the provisions of law applicable to such trade between any two great districts. 287. Firearms and liquor. The President shall have power to restrict and regulate or to ])rohibit the importation and use of firearms, ammu- nition, and distilled spirits into and within the Territory of Alaska. The exportation of the same from any other i)ort or place in the United States, when destined to any port or place in that Territory, and all such arms, ammunition, and distilled spirits, exported or attemi)ted to be exported from any port or jdace in the United States and destined for such Territory, in violation of any regulations that may be prescribed under this section, and all such arms, ammuni- tion, and distilled spirits landed or attempted to be landed or used at any port or place in the Territory, in violation of such regulations, shall be forfeited; and if the value of the same exceeds four hundred dollars the vessel upon which the same is found, or from which they have been landed, together with her tackle, apparel, and furniture and cargo, shall be forfeited; and any person willfully violating such regulations shall be fined not more than five hundred dollars, or imi)risoned not more than six months. Bonds may be required for a faithful observance of such regula- tions from the master or owners of any vessel departing from any i)ort in the United States having on board tire- arms, ammunition, or distilled spirits, when such vessel is R. S., 1955. Mar. 3, 1899. 231 232 PART XXIir. TRADE WITH ALASKA. destined to any place in tlie Territory, or if not so des- tined, when there is reasonable ground of suspicion that such articles are intended to be landed therein in violation of law ; and similar bonds may also be required on the land- ing of any such articles in the Territory from the person to whom the same may be consigned. May 17, 1884. And the manufacture of intoxicating liquors in said dis Sec. 14. trict except for medicinal, mechanical and scientific pur- Mar.3,1899. poses is hereby prohibited under the penalties which are provided in section nineteen hundred and fifty-five of the Revised Statutes for the wrongful importation of distilled spirits. The President of the United States shall make such regulations as are necessary to carry out the pro- visions of this section. Mar. 3, 1899. That no persou, corporation, or company shall sell, offer Sec. 462. fQY gjj^i^^ Qj. ]jeep for sale, traffic in, barter, or exchange for goods in said District of Alaska any intoxicating liquors, except as hereinafter provided ; but this shall not apply to sales made by a person under provisions of law requiring him to sell personal property. Wherever the term "intox- icating liquors" is used in this Act, it shall be deemed to include whisky, brandy, rum, gin, wine, ale, porter, beer, hoochinoo, and all spirituous, vinous, malt, and other fer- mented or distilled liquors. Sec. 464 That before any license is granted, as provided in this Act in relation to intoxicating liquor, it shall be shown to the satisfaction of said court that a majority of the white male and female residents over the age of eighteen years other than Indians within two miles of the place where intoxicating liquor is to be manufactured, bartered, sold and exchanged, or bartered, sold and exchanged, have, in good faith, consented to the manufacture, barter, sale and exchange, or the barter, sale, and exchange of the same, and the burden shall be upon the applicant or applicants to show to the satisfaction of said court that a majority of the white male citizens have consented thereto, and no license shall be granted in the absence of such evidence: Frovided., That when it is made to appear that a majority of said white male and female residents over the age of eighteen years other than Indians of any one place have consented to the manufacture, barter, sale and exchange, or the barter, sale and exchange of intoxicating liquor, no further jiroof of the consent of the citizens of the place where said intoxicating liquor is to be manufactured, bar- tered, sold and exchanged, or bartered, sold and exchanged will be required for twelve months thereafter, Sec.46«. That under the license issued in accordance with this Act no intoxicating liquors shall be sold, given, or in any way disposed of to any minor, Indian or intoxicated person, or to an habitual drunkard. 288. Special licenses. Mar. 3, 1899. That any person or persons, corporation or company Sec. 460. prosecuting or attempting to prosecute any of the following lines of business within the District of Alaska shall first PART XXm. TRADE WITH ALASKA. 233 apply for niul obtain license so to do from a district court or a subdivision thereof in said District, and pay for said license for the respective lines of business and trade as follows, to wit: Fisheries : Salmon canneries, four cents i)er case ; salmon salteries, ten cents per barrel; fish-oil works, ten cents i)er barrel; fertilizer works, twenty cents per ton. Freight and i)assenger transportation lines, propelled by mechanical power on inland waters, one dollar per ton per annum on net tonnage, custom-house measurement, of each vessel. Public docks, wharves, and warehouses, one hundred dollars per annum. Ships and shipping: Ocean and coastwise vessels doing local business for hire plying in Alaskan waters, one dollar per ton per annum, on net tonnage, custom-house measure- ment of each vessel. Steam Ferries, one hundred dollars per year. Government wharf in Alaska: For reconstructing or Jiuieii.isQe. repairing and putting in safe and proper condition the wharf at Sitka, Alaska, five thousand dollars to be imme- diately available : Provided, That hereafter the Secretary of the Treasury be authorized to charge and fix the rates of dockage and wharfage to be paid by any private vessel or person allowed to use said wharf, the said receipts to be deposited with the Treasurer of the CJnited States as a mis- cellaneous receipt derived from Government property ; and the Secretary of the Treasury shall direct, by regulation or otherwise, by whom said wharfage and dockage receipts shall be collected. 289. Transfer of cargo. [See paragraph 256.] 290. Yukon and Stikine river trade. Whenever merchandise is imported into the United States Feb. 17, isos. by sea for immediate exportation to a foreign port by sea, ^^cs. or by a river, the right to ascend or descend which for the purposes of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power, the Secretary of the Treasury is hereby authorized to pre- scribe regulations for the transshipment and transportation of such merchandise. 291. Procedure. Until otherwise provided by law, all violations of this RS.,1957 chapter \\l. S., 1954—1976], and of the several laws hereby extended to the Teriitory of Alaska and the waters thereof, committed within the limits of the same, shall be prose- cuted in any district court of the United States in California or Oregon, or in the district courts of Washington; and the collector and deputy collectors appointed for Alaska Territory, and any person autliorized in writing by either of them, or by the Secretary of the Treasury, shall have 234 PART XXIll. TRADE WITH ALASKA. power to arrest persons and seize vessels and merchandise liable to fines, penalties, or forfeitures under this and the other laws extended over the Territory, and to keep and deliver the same to the marshal of some one of such courts; and such courts shall have original jurisdiction, and may take cognizance of all cases arising under this act and. the several laws hereby extended over the Territory, and shall proceed therein in the same manner and with the like effect as if such cases had arisen within the district or Territory where the proceedings are brought. R.s.,1958. In all cases of fine, penalty, or forfeiture, embraced in Mar. 3,1899. the act approvcd March three, seventeen hundred and Sec. 175. ninety-seven, chapter thirteen [R. S., 5292J, or mentioned in any act in addition to or amendatory of such act, that have occurred or may occur in the collection district of Alaska, the Secretary of the Treasury is authorized, if in his opinion the fine, penalty, or forfeiture was incurred without wilful negligence or intention of fraud, to ascertain the facts in such manner and under such regulations as he may deem proper without regard to the provisions of the act above referred to, and upon the facts so to be ascer- tained, he may exercise all the power of remission conferred upon him by that act, as fully as he might have done had such facts been ascertained under and according to the provisions of that act. 292. St. Paul and St. George islands. K. s., 1959. The islands of Saint Paul and Saint George, in Alaska, Mar. 3, 1899. 2iX% dcclarcd a special reservation for Government pur- sec.176. poses; and until otherwise provided by law it shall be un- lawful for any person to land or remain on either of those islands, except by the authority of the Secretary of the Treasury; and any person found on either of those islands contrary to the provisions hereof shall be summarily re- moved ; and it shall be the duty of the Secretary of War to carry this section into effect. 293. Transit in bond. May 14, 1898. That uudcr rules and regulations to be prescribed by the Sec. 14. Secretary of the Treasury, the i)rivilege of entering goods, wares, and merchandise in bond or of placing them in bonded warehouses at any of the ports in the District of Alaska, and of withdrawing the same for exportation to any place in British Columbia or the Northwest Territory without liayment of duty, is hereby granted to the Govern ment of the Dominion of Canada and its citizens or citizens of the United States and to persons who have declared their intention to become such whenever and so long as it shall appear to the satisfaction of the President of the United States, who shall ascertain and declare the fact by proclamation, that corresponding privileges have been and are being granted by the Government of the Dominion of Canada in respect of goods, wares and merchandise jjassing through the territory of the Dominion of Canada to any PART XXIII. TRADE WITH ALASKA. 235 point in the District of Alaska from auy point in said Dis- trict. 294. Crimes and penalties. If any person shall willfully cast away, burn, sink, or Mar.a.isoa. otherwise destroy any ship, steamboat, or other vessel, sec.56. with intent to injure or delraud any owner of such ship, steamboat, or other vessel, or with intent to injure or defraud the owner of any property laden on board the same, such person, upon conviction thereof, shall be pun- ished by Imprisonment in the penitentiary not less than three or more than ten years. If any person shall lade, equip, or fit out, or assist in sec.57. lading, equipping, or fitting out, any ship, steamboat, or other vessel, with the intent that the same shall be willfully cast away, burnt, sunk, or otherwise destroyed, to injure or defraud any owner or insurer of said ship, steamboat, or other vessel, or of any property laden on board the same, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than live years. If the owner of any ship, steamboat, or other vessel, or sec.sa of any property laden or pretended to be laden on board the same, or if any other person concerned or assisting in the fitting out or lading of any such ship, steamboat, or other vessel, shall make out or exhibit or cause to be made out or exhibited any false or fraudulent invoice, bill of lading, bill of parcels, or other false estimate of any property laden or pretended to be laden on board of such ship, steamboat, or other vessel, with intent to injure or defraud any insurer ot such ship, steamboat, or other vessel or property, or auy part thereof, such person, upon con- viction thereof, shall be punished by imprisonment in the penitentiary not less than six months nor more than three years. The collector and deputy collectors appointed for Alaska sec.174. Territory, and auy person authorized in writing by eitlier of them, or by the Secretary of the Treasury, shall have power to arrest persons and seize vessels and merchandise liable to fines, penalties, or forfeitures under this and the other laws extended over the Territory, and to keep and deliver the same to the marshal. Part XXIV.— SEAL FISHERIES. 295. Act of December 29, 1897. j 297. Act of April 6, 1894. 296. Act of February 21, 1893. | 298. Provisions of Revised Statutes. 295. Act of December 29, 1897. Dec. 29, 1897. ^q citizeii of the United States, nor person owiug duty of obedience to the laws or the treaties of the United States, nor any person belonging to or on board of a ves- sel of the United States, shall kill, capture, or hunt, at any time or in any manner whatever, any fur seal in the waters of the Pacific Ocean north of the thirty-fifth degree of north latitude and including Bering Sea and the sea of Okhotsk. Sec. 2. ^o citizen of the United States, nor person above de- scribed in section one, shall equip, use, or employ, or furnish aid in equipping, using, or eniiiloying, or furnish supplies to any vessel used or employed, or to be used or emjDloyed in carrying on or taking part in said killing, capturing, or hunting of fur seals in said waters, nor shall any vessel of the United States be so used or employed. Sec. 3. Every person guilty of a violation of the provisions of this Act, or of any regulations made thereunder, shall, for each offense, be fined not less than two hundred dollars or more than two thousand dollars, or imprisoned not more than six months, or both; and every vessel, its tackle, apparel, furniture, and cargo, at any time used or emjiloyed in violation of this Act, or of the regulations made there- under, shall be forfeited to the United States. Sec. If any vessel of the United States shall be found within the waters to which this Act applies, having on board fur- seal skins or bodies of seals, or apparatus or implements suitable for killing or taking seals, it shall be presumed that such vessel was used or employed in the killing of said seals, or that said apparatus or implements were used in violation of this Act until the contrary is proved to the satisfaction of the court. Sec. 5. Any violation of this Act or of the regulations thereunder may be prosecuted either in the district court of Alaska or in any district court of the United States in California, Oregon, or Washington. Sec. 6. This Act shall not interfere with the privileges accorded to Indians dwelling on the coast of the United States under 236 PART XXIV. SEAL FISHERIES. 237 section six of the Act of April sixth, eighteen hundred and ninety four, but the limitations prescribed in said Act shall remain in full force. This Act shall not affect in any way the killing or taking se<.7. of fur seals upon the Pribilof Islands, or the laws of tlie United States relating thereto. Any officer of the Naval or Revenue-Cutter Service of soc.8. the Ihiited States, and any other officers duly designated by the President, may search any vessel of the United States in port or on the high seas suspected of having violated or of having an intention to violate the jjrovisions of this Act, and miiy seize such vessel and the oilending officers and crew and bring them into the most accessible port of the States aud Territory mentioned in section live of this Act for trial. The importation into the United States by any person spc.9. whatsoever of fur seal skins taken in the waters mentioned in this Act, whether raw, dressed, dyed, or manufactured, is hereby prohibited, and all such articles imported after this Act shall take effect shall not be i)ermitted to be exported, but shall be seized and destroyed by the proper officers of the United States. The President shall have power to make all necessary secio. regulations to carry this Act into effect. 296. Act of February 21, 1893. Whenever the Government of the United States shall Fob. 2i,i803. conclude an effective international arrangement for the protection of fur seals in the North Pacific Ocean, by agree- ment with any power, or as a result of the decision of the tribunal of arbitration under the convention concluded between the United States and Great Britain February twenty-ninth, eighteen hundred and ninety-two, and so long as such arrangement shall continue, the provisions of sec- tion nineteen hundred aud fifty-six of the Revised Statutes, and all other provisions of the statutes of the United States, so far as the same may be applicable, relative to the protection of fur seals and other fur-bearing animals within the limits of Alaska or in the waters thereof, shall be extended to and over all that portion of the Pacific Ocean included in such international arrangement. Whenever an effective international arrangement is con- cluded as aforesaid, it shall be the duty of the President to declare that fact by proclamation, and to designate the portion of the Pacific Ocean to which it is applicable, and that this act has become operative; and likewise when such arrangement ceases, to declare that fact and that this act has become inoperative, and his proclamation with respect thereto shall be conclusive. During the extension as aforesaid of said laws for the protection of fur seals and other fur-bearing animals all violations thereof in said designated portion of the Pacific Ocean shall be held to bethe sameas if committed within the limits of Alaska or in the waters thereof, but they may be 238 , PART XXIV. SEAL t'ISHERIES. prosecuted either in the district court of Alaska or in any district court of the United States in California, Oregon, or Washington. 297. Act of Aprils, 1894. Apr. 6 1894. Whcrcas the following articles of the award of the Tri- bunal of Arbitration constituted under the treaty concluded at Washington the twenty-ninth of February, eighteen hun- dred and ninety-two, between the United States of America and Ber Majesty the Queen of the United Kingdom of Great Britain and Ireland were delivered to the agents of the respective governments on the fifteenth day of August, eighteen hundred and ninety- three: Article 1. The governments of the United States and Great Britain shall forbid their citizens and subjects respectively to kill, capture, or pursue at any time, and in any manner what- ever, the animals commonly called fur seals, within a zone of sixty miles around the Pribilov Islands, inclusive of the territorial waters. The miles mentioned in the preceding paragraph are geographical miles, of sixty to a degree of latitude. Article 2. The two governments shall forbid their citizens and sub- jects respectively to kill, capture or pursue, in any manner whatever, during the season extending, each year, from the first of May to the thirty-first of July, both inclusive, the fur seals on the high sea, in the part of the Pacific Ocean, inclu- sive of the Bering Sea, which is situated to the north of the thirty-fifth degree of north latitude, and eastward of the one hundred and eightieth degree of longitude from Greenwich till it strikes the water boundary described in article one of the treaty of eighteen hundred and sixty-seven between the United States and Russia, and following that line up to Berings Straits. Article 3. During the period of time and in the waters in which the fur-seal fishing is allowed, only sailing vessels shall be per- mitted to carry on or take part in fur-seal fishing operations. They will however be at liberty to avail themselves of the use of such canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use as fishing boats. Article 4. Each sailing vessel authorized to fish for fur seals must be provided with a special license issued for that purpose by its Government, and shall be required to carry a dis- tinguishing flag to be prescribed by its Government. part xxiv. seal fisheries. 239 Article 5, The masters of the vessels engaged in fur-seal fishing shall enter accurately in their official log book the date an«l l)lace of each fur-seal fishing operation, and also the number and sex of tlie seals captured upon each day. These entries shall be communicated by each of the two governments to the other at the end of each fishing season. Article 6. The use of nets, firearms and exi)losives shall be for- bidden in the fur-seal fishing. This restriction shall not apply to shotguns when such fishing takes place outside of Behring sea, during the season when it maybe lawfully carried on. Article 7. The two governments shall take measures to control the fitness of the men authorized to engage in fur-seal fishing; these men shall have been proved fit to handle with sulh- cient skill the weapons by means of which this fishing may be carried on. Article 8. The regulations contained in the preceding articles shall not apply to Indians dwelling on the coast of the territory of the United States or of Great Britain, and carrying on fur-seal fishing in canoes or undecked boats not trans- ported by or used in connection with other vessels and pro- pelled wholly by paddles, oars or sails and manned by not more than five persons each in the way hitherto practiced by the Indians, provided such Indians are not in the employment of other persons and provided that, when so hunting in canoes or undecked boats, they shall not hunt fur seals outside of territorial waters under contract i'or the delivery of the skins to any person. This exemption shall not be construed to affe<;t tin' municipal law of either country, nor shall it extend to the waters of Behring Sea or the waters of the Aleutian Passes. Nothing herein contained is intended to interfere with the employment of Indians as hunters or otherwise in con- nection with fur sealing vessels as heretofore. Article 9. The concurrent regulations hereby determined with a view to the protection and preservation of the fur seals, shall remain in force until they have been, in whole or in part, abolished or modified by common agreement between the governments of the United States and of Great Britain. The said concurrent regulations shall be submitted every five years to a new examination, so as to enable both inter ested governments to consider whether, in the light of 240 PART XXIV. 8EAL FISHERIES. past experience, there is occasion for any modification thereof. Now therefore, he it enacted hy the Senate and Rouse of Representatives of the United States of America in Congress assembled, That no citizen of the United States, or person owins" the duty of obedience to the laws or the treaties of the United States, nor any person belonging to or on board of a vessel of the United States, shall kill, capture, or pursue, at any time, or in any manner whatever, outside of territorial waters, any fur seal in the waters surrounding the Pribilov Islands within a zone of sixty geographical miles (sixty to a degree of latitude) around said islands, inclusive of the territorial waters. Sec. 2. No citizen of the United States, or person above de- scribed in section one of this act, nor any person belong- ing to or on board of a vessel of the United States, shall kill, capture, or pursue, in any manner whatever, during the season extending from the first day of May to the thirty-first day of July, both inclusive, in each year, any fur seal on the high seas outside of the zone mentioned in section one, and in that part of the Pacific Ocean, including Behring Sea, which is situated to the north of the thirty- fifth degree of north latitude and to the east of the one hundred and eightieth degree of longitude from Greenwich till it strikes the water boundary described in article one of the treaty of eighteen hundred and sixty-seven, between the United States and Eussia, and following that line up to Behring Straits. Sec. 3. No citizen of the United States or person above described, in the first section of this Act, shall, during the period and in the waters in which by section two of this Act the kill- ing of fur seals is not prohibited, use or employ any ves- sel, nor shall any vessel of the United States be used or employed, in carrying on or taking part in fur-seal fishing operations, other than a sailing vessel propelled by sails exclusively, and such canoes or undecked boats, propelled by paddles, oars, or sails as may belong to, and be used in connection with, such sailing vessels ; nor shall any sailing vessel carry on or take part in such operations without a special license obtained from the Government for that pur- pose, and without carrying a distinctive flag prescribed by the Government for the same purpose. Sec. 4. Every master of a vessel licensed under this act to en- gage in fur-seal fishing operations shall accurately enter in his official log book the date and place of every such operation, and also the number and sex of the seals cap- tured each day; and on coming into port, and before land- ing cargo, the master shall verify, on oath, such official log book as containing a full and true statement of the number and character of his fur-seal fishing operations, including the number and sex of seals captured; and for any false statement willfully made by a person so licensed by the United States in this belialf lie sluill be subject to the pen- alties of perjury ; aud any seal skins found in excess of the statement in the official log book shall be forfeited to the United States. PART XX1^•. SEAL FISHERIES. 241 1^0 person or vessel eugaging; in fur-seal lisliing oj)era- Scc.s. tions untler this Act shall use or employ in any sucb 0})erations, any net, iirearni, air<;iin, or explosive: Prorided Jtoiccrer, That this prohibition shall not apply to the use of shotguns in such operations outside of Jiehrinj;' Sea during the season wheu the killing of fur seals is not there i)ro- hibited by this Act. The foregoing sections of this act shall not apply to si^.c. Indians dwelling on the coast of the ITnited States, and taking fur seals in canoes or und eked boats propelled wholly by i^addles, oars, or sails, and not transported by or used in connection with other vessels, or manned by more than five persons, in tlie manner heretofore i)racticed by the said Indians: Froridcd, howercr, That the exception made in this section shall not apply to Indians in the employ- ment of other persons, or who shall kill, capture, or pur- sue fur seals outside of territorial waters under contract to deliver the skins to otber persons, nor to the waters of Behring Sea or of the passes between the Aleutian Islands. The President shall have power to make regulations see. 7. respecting the special license and the distinctive flag men- tioned in this Act and regulations otherwise suitable to secure the due execution of the provisions of this act, and from time to time to add to, modify, amend, or revoke such regulations, as in his judgment may seem expedient. pjxcept in the case of a master making a false statement ■^"■•■- s- under oath in violation of the provisions of the fourth section of this Act, every jierson guilty of a violation of the provisions of this Act, or of the regulations made there- under, shall for each offense be tiued not less than two hundred dollars, or imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo, at any time used or employed in violation of this Act, or of the regulations made thereunder, shall be forfeited to the United States. Any violation of this Act, or of the regulations made •'^•c. 9. thereunder, niay be prosecuted either in the district court of Alaska or in any n, VT 2 10 242 PART XXIV. SEAL FISHERIES. is applicable to enforce its provisions, and it shall be the duty of the comniandinj^' officer of any vessel belonging to the naval or revenue service of the United States, when so instructed by the President, to seize and arrest all vessels of the United States found by hnn to be engaged, used, or employed in tlie waters last aforesaid in violation of any of the prohibitions of this Act, or of any regulations made thereunder, and to take the same, with all persons on board thereof, to the most convenient port in any district of the United States mentioned in this Act, there to be dealt with according to law. Sec. 12. ^ny vessel or citizen of the United States, or i)erson described in the first section of this Act, offending against the prohibitions of this Act or the regulations thereunder, may be seized and detained by the naval or other duly commissioned officers of Her Majesty the Queen of Great Britain, but when so seized and detained they shall be delivered as soon as practicable, with any witnesses and proofs on board, to any naval or revenue officer or other authorities of the United States, whose courts alone shall have jurisdiction to try the offense and impose the pen- alties for the same : Provided, lioicerer, That British officers shall arrest and detain vessels and persons as in this sec- tion specified only after, by appropriate legislation, Great Britain shall have authorized officers of the United States duly commissioned and instructed by the President to tliat end to arrest, detain, and deliver to the authorities of Great Britain vessels and subjects of that Government oifending against any statutes or regulations of Great Britain enacted or made to enforce the award of the treaty mentioned in the title of this Act. 298. Provisions of Revised Statutes. E.S., lor-c. No person shall kill any otter, mink, marten, sable, or Mar.3, 1899. fur-geal, or other fur-bearing animal within the limits of Sec. 1,3. Alaska Territory, or in the waters thereof; and every per- son guilty thereof shall, for each offense, be fined not less than two hundred nor more than one thousand dollars, or imi:)risoued not more than six months, or both; and all vessels, their tackle, apparel, furniture and cargo, found engaged in violation of this section shall be forfeited; but the Secretary of the Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fur- bearing animal, exce])t fur-seals, under such regulation as he may prescribe ; and it shall be the duty of the Secretary to prevent the killing of any fur-seal, and to provide for the execution of the provisions of this section until it is otherwise provided by law; nor shall he grant special priv- ileges under this section. Mar. 2, 1889. ^ectiou nineteen hundred and fifty-six of the Kevised Sec. 3. Statutes of tlie United States is hereby declared to include and apply to all the dominion of the United States in the ii.s.,1956. waters of Behring Sea; and it shall be the duty of the President, at a timely season in each year, to issue his proclamation and cause the same to be published for one PART XXIV. SEAL FISIIEHIKS. 243 month in at least one news]niper if any such there bo pub- lished at each United States i)ort of entry on the I'acific coast, warning all persons against entering said waters for the i)urpose of violating the i)rovisions of said section ; and he sliall also cause one or more vessels of the Ignited States to diligently cruise said waters and arrest all per- sons, and seize all vessels found to be, or to have been, engaged in any violation of the laws of the United States therein. It shall be unlawful to kill any fur-seal upon the islands k.s.,i9co. of Saint Paul and Snint George, or in the waters adjacent thereto, except during the months of .June, July, Septem- Mar.3,1899. ber and October in each year and the number to be taken sec.177. on or about each island respectively to be designated by him [Secretary of the Treasury]; and it shall be unlawful to kill such seals at any time by the use of lire arms, or by other means tending to drive the seals away from those islands; but the natives of the islands shall have the priv- ilege of killing such young seals as may be necessary for their own food and clothing during other months, and also such old seals as may be required for their own clothing, and for the mamifacture of boats for their own use; and the killing in such cases shall be limited and controlled by such regulations as may be prescribed by the Secretary of the Treasury. It shall be unlawful to kill any female seal, or any seal k. s., loci. less than one year old, at any season of the year, except as Mar.3,1899. above provided; and it shall also be unlawful to kill any ^®*''^'^^- seal in the waters adjacent to the islands of Saint Paul and Saint George, or on the beaches, cliffs, or rocks where they haul up from the sea to remain; and every i)er.;on who violates the provisions of this or the preceding section shall be punished for each offense by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment not more than six months, or by both such fine and imprisonment; and all vessels, their tackle, apparel, and furniture, whose crews are found engaged in the violation of either this or the preceding section, shall be forfeited to the United States. When the lease heretofore made by the Secretary of the k. s., i963. Treasury to " The Alaska Commercial Coini^any," of the right to engage in taking fur-seals on the islands of Saint Paul and Saint George, pursuant to the act of July one, one thousand eight hundred and seventy, chapter one hun- dred and eighty nine, [R. S. l!.'57, l'JGO-1971, 52t);3] or when any future similar lease expires, or is surrendered, forfeited, or terminated, the Secretary shall lease to pro])er and re- sponsible parties, lor the best advantage of the United States, having due regard to the interests of the Govern- ment, the native inhabitants, tlieir comfort, maintenance, and education, as well as to tlie interests of the parties heretofore engaged in trade and the protection of the fish- eries, the right of taking fur-seals on the islands herein named, and of seudmg a vessel or vessels to the islands 244 PART XXIY SEAL FISHERIES. for the skins of such seals, for the term of twenty years, at an annual rental of not less than fifty thousand dollars, to be reserved in such lease and secured by a deposit of United States bonds to that amount; and every such lease .shall be duly executed in duplicate, and shall not be transferable. K. s.. 1964. The Secretary of the Treasury shall take from the lessees of such islands in all cases a bond, with securities, in a sum not less tlian five hundred thousand dollars, conditioned for the faitliful observance of all the laws and re(]uirements of Congress, and the regulations of the Secretary of the Treasury, touching the taking of fur-seals and the dispos- ing of the same, and for the payment of all taxes and dues accruing to the United States connected therewith. R.s.,1965. No persons other than American citizens shall be per- mitted, by lease or otherwise, to occupy the islands of Saint Paul and Saint George, or either of them, for the ])uri)ose of taking the skins of fur-seals therefrom, nor shall any foreign vessels be engaged in taking such skins; and the Secretary of the Treasury shall vacate and declare any lease forfeited if the same be held or operated for the use, benefit, or advantage, directly or indirectly, of any persons other than American citizens. K.s.,1966. Every lea^^e shall contain a covenant on the part of the lessee that he will not keep, sell, furnish, give, or dispose of any distilled spirits or spirituous liquors on either of those islands to any of the natives thereof, such person not being a physician and furnishing the same for use as medicine; and every revenue officer, officially acting as such, on either of the islands, shall seize and destroy any distilled or spirituous liquors found thereon; but such officer shall make detailed reports of his doings in that matter to the collector of the port. RS 1967 Every person m^io kills any fur-seal on either of those islands, or in the waters adjacent thereto, without author- ity of the lessees thereof, and every person who molests, disturbs, or interferes with the lessees, or either of them, or their agents or em])loyes, in the lawful prosecution of their business, under the provisions of this chapter, shall for each ofi'ense be punished as ])rescribed in section nine- teen hundred and sixty-one; nnd all vessels, their tackle, apparel, appurtenances, and cargo, whose crews are found engaged in any violation of the provisions of sections nineteen hundred and sixty-five to nineteen hundred and sixty-eight, inclusive, shall be forfeited to the United States. E. s., mcs. If any person or company, under any lease herein author- ized, knowingly kills, or permits to be killed, any number of seals exceeding the number for each island in this chap- ter prescribed, such person or company shall, in addition to the penalties and forfeitures herein provided, forfeit the whole number of the skins of seals killed in that year, or, in case the same ha\ e been disposed of, then such person or company shall forfeit the value of the same. PART XXIV. — SEAL FISHERIES. 245 III addition to the aimual rental required to be reserved k.s-.ioco. ill every lease, as provided in section nineteen liundrcd and sixty-three, a revenue tax or duty of two dollars is laid ui)on ea(3h fnr-seal skin taken and shii)ped t'lom the islands of Saint Paul and iSaint (ieorgc, dui inj^ the continnance of any lease, to be paid into the Treasury of the United States; and the Secretary of the Treasury is empowered to make all needful regnlations for the collection and payment of the same, and to secure the comfort, maintenance, educa- tion, and protection of the natives of those islands, and also to carry into full ellect all the i)rovisi(>ns of this chap- ter except as otherwise prescribed. The Secretary of the Treasury may terminate any lease k.s.,i97o. given to any person, company, or corporation on lull and satisfactory proof of tiie violation of any of the ])r<)visions of this chapter or the regulations established by him. The lessees shall furnish to the several masters of vessels i'- S-, i97i. employed by them certified copies of the lease held by them respecti\ el}^, which shall be })reseiited to the gov^ernment revenue officer for the time being who may be in charge at the islands as the authority of the party for lauding and taking skins. Part XXV.— QUARANTINE AND BILLS OF HEALTH. 299. Consular bill of health. 300. Quarantine regulations. 301. Quarantine inspection. 302. Suspension of commerce. 303. Penalties. 304. State health laws. 305. Removal of cargo. 306. Removal of custom-house. 299. Consular bill of health. Feb. 15, 1893. It sliall be unlawful for any merchant ship or other ves- sel from any foreign port or place to enter any port of the United States except in accordance with the provisions of this act and with such rules and regulations of State and municipal health authorities as may be made in pursuance of, or consistent with, this act; and any such vessel which shall enter, or attempt to enter, a port of the United States in violation thereof shall forfeit to the United States a sum, to be awarded in the discretion of the court, not exceeding five thousand dollars, which shall be a lien upon said vessel, to be recovered by proceedings in the proper district court of the United States, In all such proceedings the United States district attorney for such district shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws gov- erning cases of seizure of vessels for violation of the revenue laws of the United States. Sec. 2. Any vessel at any foreign port clearing for any port or place in the United States shall be required to obtain from the consul, vice-consul, or other consular officer of the United States at the port of departure, or from the medical officer where such officer has been detailed by the Presi- dent for that purpose, a bill of health, in duplicate, in the form iirescribed by the Secretary of the Treasury, setting forth the sanitary history and condition of said vessel, and that it has in all respects complied with the rules and reg- ulations in such cases jirescribed for securing the best san- itary condition of the said vessel, its cargo, passengers, and crew; and said consular or medical officer is required, before granting such duplicate bill of health, to be sati.sfled that the matters and things therein stated are true; and for his services in that behalf he shall be entitled to demand and receive such fees as shall by lawful regulation be allowed, to be accounted for as is required in other cases. The President, in his discretion, is authorized to detail any medical officer of the Government to serve in the office of the consul at any foreign port for the purpose of furnish- 246 PART XXV. QUARANTINK AND BILLS OF HEALTH. 247 ing- information and making tbe inspection and givinjj;- the bills of health liereinbelore mentioned. Any vessel clear- ing and sailhii>- from any such port without such bill of health, and entering;- any port of the Tnited States, shall forfeit to the United States not more than live thousand dollars, the amount to be determined by the court, which shall be a lien on the same, to be recovered by ])r()ceedings in the proper district court of the United States. In all such ])ro(!eedings the United States district attorney for such district shall ai)pear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of ves- sels for violation of the revenue laws of the United States. The provisions of this section shall not ap',>'y to vessels Ang.i8,i894. plying between foreign ports on or near the fiontiers of the United States and ports of the Uniteil States adjacent thereto; but the Secretary of the Treasury is hereby authorized, when, in his discretion, it is expedient for the preservation of the public health, to establish regulations governing such vessels. 300. Quarantine regulations. The Supervising Surgeon-General of the Marine-Hospital Feb. ir>, 1893. Service shall, immediately after this act takes effect, ex- ^^'^■'i- amine the quarantine regulations of all State and municipal boards of health, and shall, under the direction of the Secretary of the Treasury, cooperate with and aid State and munici])al boards of health in the execution and en- forcement of the rules and regulations of such boards and in the execution and enforcement of the rules and regula- tions made by the Secretary of the Treasury to prevent the introduction of contagious or infectious diseases into the United States from foreign countries, and into one State or Territory or the District of Columbia from another State or Territory or the District of Columbia; and all rules and regulations made by the Secretary of the Treasury shall operate uniformly and in no manner discriminate against any port or place; and at such i)orts and places within the United States as have no quarantine regulations under State or municipal authority, where such regulations are, in the opinion of the Secretary of the Treasury, necessary to prevent the introduction of contagious or infectious dis- eases into the United States from foreign countries, or into one State or Territory or tbe District of Columbia from another State or Territory or the District of Columbia, and at such ])orts and places within the United States where quarantine regulations exist under the authority of the State or municipality which, in the opinion of the Secretary of the Treasury, are not sufrtcient to prevent the intro- duction of such diseases into the United States, or into one State or Territory or the Distrn-t of Columbia from another State or Territory or the District of Columbia, the Secretary of the Treasury shall, if in his judgment it is nec- essary and i^roper, make such additional rules and regula- tions as are necessary to ])revent the introduction of such diseases into the United States from tbreign countries, or 248 PART XXY. QUARANTINE AND BILLS OF HEALTH. into one State or Territory or the District of Columbia froM another State or Territory or the J>istrict of Colnrahia, and when said rules and regulations have been made they shall be promulgated by the Secretary of the Treasury and enforced by the sanitary authorities of the States and municipalities, where the State or municipal health author- ities will undertake to execute and enforce them; but if the State or municipal authorities shall fail or refuse to enforce said rules and regulations the President shall exe- cute and enforce the same and adopt such measures as in his judgment shall be necessary to prevent the introduc- tion or spread of such diseases, and may dt-tail or appoint officers for tliat purpose. Tlie Secretary of the Treasury shall make such rules and regulations as are necessary to be observed by vessels at the port of departure and on the voyage, where such vessels sail from any foreign port or place to any port or i)lace in the United States, to secure the best sanitary condition of such vessel, her cargo, pas- sengers, and crew; which shall be published and communi- cated to and enforced by the consular officers of the United States. None of the penalties herein imposed shall attach to any vessel or owner or officer thereof until a copy of this act, with the rules and regulations made in pursuance thereof, has been posted up in the office of the consul or other consular officer of the United States for ten days, in the port from which said vessel sailed; and the certificate of such consul or consular oiticer over his official signa- ture shall be comjjeteut evidence of such posting in any court of the United States. ^^^- The Secretary of the Treasury shall from time to time issue to the consular officers of the United States and to the medical officers serving at any foreign port, and other- wise make publicly known, the rules and regulations made by him, to be used and complied with by vessels in foreign ports, for securing the best sanitary condition of such ves- sels, their cargoes, passengers, and crew, before their departure for any port in the United States, and in the course of the voyage; and all such other rules and regula- tions as shall be observed in the inspection of the same on the arrival thereof at any quarantine station at the port of destination, and for the tlisiufection and isolation of the same, and the treatment of cargo and ])ersons on board, so as to prevent the introduction of cholera, yellow fever, or other contagious or infectious diseases; and it shall not be lawful for any vessel to enter said i)ort to discharge its cargo, or land its passengers, except upon a certificate of the health officer at such quarantine station certifying that said rules and regulations have in all respects been observed and complied with, as well on his part as on the part of the said vessel and its master, in respect to the same and to its cargo, passengers, and crew ; and the master of every such vessel shall produce and deliver to the col- lector of customs at said i)ort of entry, together with the other papers of the vessel, the said bills of health refjuired to be obtained at the port of departure and the certificate PART XXV. QUARANTINE AND BILLS OF IIi:Al/ni. 249 herein required to be obtained from the hoaltli olhcer at the port of entry; and that the bills of health herein pre- scribed shall be considered as i)art of the ship's papers, ami when duly certilied to by the proper consular otlicer or other ollicer of the United States, over his odiciiil sijjna- ture and seal, shall be accepted as evidence of the state- ments therein contained in any court of the United States. 301. Quarantine inspection. On the arrival of an infected vessel at«any port not pro- ^ec.e. vided with proper facilities for treatment of the same, the Secretary of the Treasury may remand said vessel, at its own expense, to the nearest national or other ([uarantiue station, where accommodations and appliances are pro- vided for the necessary disinfection and treatment of the vessel, passengers, and cargo; and alter treatment of any infected vessel at a national quarantine station, and after certificate shall have been given by the Ignited States quar- antine oflicer at said station that the vessel, cargo, and jiasseiigers are each and all free from infectious disease, or dangerof conveying the same, said vessel shall be admitted to entry to any ])ort of the United States named within the certificate. IJut at any ports where sufiticient quarantine l)rovision has been made by State or local authorities the Secretary of the Treasury may direct vessels bound for said ports to undergo quarantine at said State or local station. 302. Suspension of commerce. Whenever it shall be shown to the satisfaction of the Sec.7. President that by reason of the existence of cholera or other infectious or contagious diseases in a foreign country there is serious danger of the introduction of the same into the United States, and that notwithstanding the quarantine defense this danger is so increased by the introduction of persons or i)roperty from such country that a suspension of the right to introduce the same is demanded in the inter- est of the public health, the President shall have power to prohibit, in whole or in part, the introduction of i)ersons and property from such countries or places as he shall designate and for such period of time as he nniy deem necessary. Whenever it shall be made to ai)pear to the satisfaction Mar.27,i89o. of the President that cholera, yellow fever, small-pox or plague exists in any State or Territory, or in the district of Columbia, and that there is danger of the spread of such disease into other States, Territories, or the District of Columbia, he is hereby authorized to cause the Secretary of the Treasury to promulgate such rules and regulations as in his judgment may be necessary to prevent the spread of such disease from one State or Territory into another, or from any State or Territory into the District of Colum- bia, or from the District of Columbia into any State or Territory, and to employ such inspectors and other persons as maybe necessary to execute such regulations to prevent 250 PART XXV. QUARANTINE AND BILLS OF HEALTH. tlie spread of such disease. The said rules and regiihitions shall be prepared by the Supervising Surgeon General of the Marine Hospital Servi(;e under the direction of the Secretaiy of the Treasury, and any person who shall will- fully violate any rule or regulation so made and promul- gated shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars, or imprisonment for not more than two years, or botli, in the discretion of the court. 303. Penalties. Mar. JT, 1890. Any officcr, or person acting as an officer, or agent of the Sec. 2. United States at any quai-antiue station, or other person employed to aid in preventing the spread of such disease, who shall willfully violate any of the quarantine laws of the United States, or any of the i ules and regulations made and promulgated by the Secretary of the Treasury as pro- vided for in Section 1 of this act, or any lawful order of his superior officer or officers, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than three hundred dollars or imprison- ment for not more than one year, or both, in the discretion of the court. Sec. 3. When any common carrier or officer, agent, or employe of any common carrier shall willfully violate any of the quarantine laws of the United States, or the rules and regu- lations made and promulgated as provided for in Section 1 of this act, such common carrier, officer, agent, or em])loye shall be deemed guilty of a misdemeanor, and shall, on conviction, be punislied by a fine of not more than five hundred dollars, or imprisonment for not more than two years or both, in the discretion of the court. Aug. 1, 1888. Whenever any person shall trespass upon the grounds belonging to any quarantine reservation, * * * such person, tresi)assing, * * * shall, upon conviction thereof, pay a fine of not more than three hundred dollars, or be sentenced to imprisonment for a period of not more than thirty days, or shall be punished by both fine and impris- onment, at the discretion of the court. And it shall be the duty of the United States attorney in the district where the misdemeanor shall have been committed to take imme- diate cognizance of the offense, upon report made to him by any medical officer of the Marine-Hospital Service, or by any officer of the customs service, or by any State officer acting under authority of section five of said act. 304. State health laws. K.s.,4792. The quarantines and other restraints established by the health-laws of any State, lesjiecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several revenue-cutters, and by the military officers commanding in any fort or station upon the sea coast; and all such offi- PART XXV. QUARANTINE AND BILLS OF HEALTH. 2ol cers of the United States sluall raithfully aid in the exo- cutiou of such quarantines and health- laws, according' to their respective powers and within their respective pre- cincts, and as they shall be directed, from time to time, by the Secretary of the Treasury. But nothing in this Title [K. S.,47!)l*-4800| shall enable any State to collect a duty of tonnage or impost without the consent of Congress. 305. Removal of cargo. NVhenever, by the health-laws of any State, or by the KS.,4793. regulations nuxde pursuant thereto, any vessel arriving within a collection-district of such State is prohibited from coming to the port of entry or delivery by law established for such district, and such health-laws require or permit the cargo of the vessel to be unladen at some other phice within or near to such district, the collector, after due report to him of the whole of such cargo, may grant his warrant or permit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspect- ors, at some other jjlaee where such health-laws i)ermit, and ui)on the conditions and restrictions which shall be directed by the Secretary of the Treasury, or which such collector may, for the time, deem expedient for the security of the public revenue. There shall be purchased or erected, under the orders of R.s.,47!'4. the President, suitable warehouses, with wharves and inclo- sures, where merchandise may be unladen and dei)osited, from any vessel which shall be subject to a quarantine, or other restraint, pursuant to the health-laws of any State, at such convenient places therein as the safety of the pub- lic revenue and the observance of such health-laws may require. Whenever the cargo of a vessel is unladen at some other r. s.,47i)5. place than the port of entry or delivery under the fore- going provisions, all the articles of such cargo shall be deposited, at the risk of the parties concerned therein, in such public or other warehouses or inclosures as the col- lector shall designate, there to remain under the joint cus- tody of such collector and of the owner, or master, or other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited may be safely removed without contravening such health-laws. And when such removal is allowed, the collector having charge of such articles may grant permits to the respective owners or consignees, their factors or agents, to receive all merchandise which has been entered, and the duties accruing upon which have been paid, upon the payment by them of a reasonable rate of storage; which shall be fixed by the Secretary of the Treasury for all i)ublic warehouses and inclosures. The Secretary of the Treasury is authorized, whenever a k.s.,4796. conformity to such quarantines and health-laws re(iuires it, and in respect to vessels subject thereto, to prolong the terms limited for the entry of the same, and the report or 252 PART XXV. — QUARANTINE AND BILLH- OF HEALTH. entry of tlieir cargoes, and to vary or dispense with any otlier regulations applicable to such reports or entries. > o part of the cargo of any vessel shall, however, in any case, be taken out or unladen therefrom, otherwise than is allowed by law, or according to the regulations hereinafter established. 306. Removal of custom-house. R.s.,4797 Whenever, by the prevalence of any contagious or epi- demic disease in or near the place by law established as tlie port of entry for any collection-district, it becomes danger- ous or inconvenient for the ofticers of the revenue employed therein to continue the discharge of their respective offices at such port, the Secretary of the Treasury, or, in his absence, the Comptroller, may direct tlie removal of the officers of the revenue from such port to any other more convenient place, within, or as near as may be to, such collection-dis- trict. And at such place such officers may exercise the same powers, and shall be liable to the same duties, accord- ing to existing circumstances, as in the port or district established by law. Public notice of any such removal shall be given as soon as may be. Part XXVI.— IMMIGRATION. 307. Head money. I 313. Deportation of prohibited immi grants. 314. Prohibited immigration. 315. Ap])eals in certain cases. 316. Posting of biws. 317. MisceliaiM'ous provisions. 303. Lists, tickets, and examination. 309. Inspection. 310. Foreign convicts to be deported. 311. Alien contract and assisted immi- gration. 312. Inspection. 307. Head money. There shall be levied, collected, and i)aid a duty of cue Aup.3,i882. dollar for each and every passenger not a citi/.en of the ^"gi8,i894. United States who shall come by steam or sail vessel from a foreign port to any ])ort within the United States. The said duty shall be paid to the collector of customs of the port to which such passenger shall come, or if there be no collector at such port, then to the collector of customs nearest thereto, by the master, owner, agent, or consignee of every such vessel, within twenty-four hours after the entry thereof into such port. The money thus collected shall be paid into the United States Treasury, and shall constitute a fund to be called the immigrant fund, and shall be used, under the direction of the Secretary of the Treasury, to delray the expense of regulating immigration under this act, and for the care of immigrants arriving in the United States, for the relief of such as are in distress, and for the general purposes and expenses of carrying this act into effect. The duty imposed by this section shall be a lien upon the vessels which shall bring such passengers into the United States, and shall be a debt in favor of the United States against the owner or owners of such vessels ; and the payment of such duty may be enforced by any legal or equitable remedy. Provided, That no greater sum shall be expended for the ])urposes hereinbefore mentioned, at any port, than shall have been collected at such port. 308. Lists, tickets, and examination. In addition to conforming to all present requirements of Mar.:;. i893. law, upon the arrival of any alien immigrants by water at any port within the United States, it shall be the duty of the master or commanding officer of the steamer or sailing vessel having said immigrants on board to deliver to the proper inspector of immigration at the i)ort lists or mani- fests made at the time and place of embarkation of such alien immigrants on board such steamer or vessel, which shall, in answer to questions at the top of said lists, state 253 254 PART XXVI. IMMIGRATION. as to each immigraut the fall name, age, and sex, whether married or single; the calling or occupation; whether able to read or write; the nationality; tlie last residence; the seaport for landing in the United States; the tinal destina- tion, if any, beyond the seaport of landing; whether hav- ing a ticket through to such final destination ; whether the immigrant has paid his own passage or whether it has been X)aid by other jjersons or by any corporation, society, muni- cipality, or government; whether in possession of money, and if so, whether upwards of thirty dollars and how much if thirty dollars or less; ^vl!ether going to join a rela- tive, and if so, what relative and his name and address; whether ever before in the United States, and if so, when and where; whether ever in prison or almshouse or su})- ported by charity; whether a polj-gamist; whether under contract, express or implied, to perform labor in the United States; and what is the immigrant's condition of health mentally and physically, and whether deformed or crippled, and if so, from what cause. ^^'^ 2. The immigrants shall be listed in convenient groups and no one list or manifest shall contain more than thirty names. To each immigrant or liead of a family shall be given a ticket on which shall be written his name, a num- ber or letter designating the list, and his number on the list, for convenience of identification on arrival. Each list or manifest shall be verified by the signature and the oath or atfirmation of the master or commanding officer or of the officer first or second below him in command, taken before the United States consul or consular agent at the port of departure, befoie the sailing of said vessel, to the effect that he has made a personal examination of each and all of the passengers named therein, and that he has caused the surgeon of said vessel sailing therewith to make a physical examination of each of said passengers, and that from his personal inspection and tlie report of said surgeon he believes that no one of said passengers is an idiot or insane person, or a pauper or likely to become a public charge, or suffering from a loathsome or dangerous contagious disease, or a person who has been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude, or a polygamist, or under a contract or agreement, exi)ress or implied, to perform labor in the United States, and that also, according to the best of his knowledge and belief, the information in said list or mani- fest concerning each of said passengers named therein is correct and true. ^^°"- The surgeon of said vessel sailing therewith shall also sign each of said lists or manifests before the dei)arture of said vessel, and make oath or affirmation in like manner before said consul or consular agent, stating his profes- sional experience and qualifliiations as a physician and sur- geon, and that he has made a personal examination of each of the passengers named therein and that said list or mani- fest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the men- PART XXVI. IMMIGRATION. 255 tal and physical condition of said passengers. If no sur- geon sails with any vessel bringing alien immigrants, the mental and ])hysical examinations and the verilicatioiis of the lists or manifests may be made by some competent surgeon employed by the owners of the vessel. In the case of the lailure of said master or commanding scc. 4. officer of said vessel to deliver to the said inspector of immigration lists or manifests, verified as aforesaid, con- taining the information above required as to all alien immi- grants on board, there shall be paid to the collector of customs at the port of arrival the sum of ten dollars for each immigrant qualified to enter the United States con- cerning whom the above information is not contained in any list as aforesaid, or said immigrant shall not be per- mitted so to enter the LTnited States, but shall be returned like other excluded i)ersons. It shall be the duty of every inspector of arriving alien secs. immigrants to detain for a special inquiry, under section one of the immigration act of March third, eighteen hun- dred and ninety-one, every person who may not appear to him to be clearlj^ and beyond doubt entitled to admission, and all special inquiries shall be conducted by not less than four officials acting as inspectors, to be designated in writ- ing by the Secretary of the Treasury or the commissioner- general of immigration, for conducting special inquiries; Mar. 2,1895. and no immigrant shall be admitted on special inquiry except after a favorable decision made by at least three of said inspectors; and any decision to admit shall be subject to appeal by any dissenting inspector to the commissioner- general of immigration, whose action shall be subject to review by the Secretary of the Treasury, as provided in section eight of said immigration act of March third, eight- een hundred and ninety-one. 309. Inspection. The Secretary of the Treasury is hereby charged with au};. .'i,i882. the duty of executing the provisions of this act and with ^^'^■'^■ supervision over the business of immigration to the United States, and for that purpose he shall have power to enter into contracts with such State commission, board, or officers as may be designated for that purpose by the governor of any State to take charge of the local affairs of immigration in the ports within said State, and to provide for the sup- port and relief of such immigrants theiein landing as may fall into distress or need public aid, under the rules and regulations to be prescribed by said Secretary ; and it shall be the duty of such State commission, board or offi<'ers so designated to examine into the condition of passengers arriving at the ports within such State, in any ship or ves- sel, and for that purpose all or any of such commissioners or officers or such other person or ])ersons as they shall appoint, shall be authorized to goon board of ami through any such ship or vessel; and if on such examination there shall be found among su(!h passengers any convict, lunatic, idiot, or any person unable to take care of himself or her- 256 PAKT XXVI. IMMIGRATIOX. self without becoming a public charge, they shall re])<»it the same in writing to the collector of such port, and sucli person sliall not be permitted to land. Mar. 3, 1891. All dutics iuiposed and powers conferred by the second Sec. 8. section of the Act of August third, eighteen hundred and eighty-two upon State commissioners, boards or officers acting under contract with the Secietary of the Treasury shall be performed and exercised, as occasion may arise, by the inspection officers of the United States. Aug. 3, 1882. The Secretary of the Treasury shall establish such regu- sec.3. latious and rules and issue from time to time such instruc- tions not inconsistent with law as he shall deem best calcu- lated to protect the United States and immigrants into the United States from fraud and loss, and for carrying out the provisions of this act and the immigration laws of the United States; and he shall prescribe all forms of bonds, entries, and other papers to be used under and in the enforcement of the various provisions of this act. 310. Foreign convicts to be deported. Aug. 3, 1882. All foreign convicts except those convicted of political Sec. 4. ofienses, upon arrival, shall be sent back to the nations to which they belong and from whence they came. [The Sec- retary of the Treasury may designate the State board of charities of any State in which such board shall exist by law, or any commission in any State, or any person or per- sons in any State whose duty it shall be to execute the provisions of this section without compensation.] The Sec- retary of the Treasury shall prescribe regulations for the return of the aforesaid persons to the countries from whence they came, and shall furnish instructions to the board, com- mission, or persons charged with the execution of the pro- visions of this section as to the mode of procedure in respect thereto, and may change such instructions from time to time. The expense of such return of the aforesaid persons not permitted to land shall be borne by the owners of the vessel in which they came. 311. Alien contract and assisted immigration. Feb. 26, 1885. From aud after tiie passage of this act it shall be unlaw- ful for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migra tion of any alien or aliens, any foreigner or foreigners, into the United States, its Territories, or the District of Colum- bia, under contract or agreement, parol or special, express or implied, made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of any kind in the United States, its Terri- tories, or the District of Columbia. Sec. 2. All contracts or agreements, express or implied, parol or special, which may hereafter be made by and between any person, company, partnership, or corporation, and any foreigner or foreigners, alien or aliens, to perform labor PART XXYI. IMMIGRATION. 257 or service or having reference to the performance of labor or service by any person in the United States, its Territories, or the District of Colnnibia, previous to tlie migration or importation of the person or persons whose labor or service is contracted for into the United States, shall be utterly void and of no effect. For every violation of any of the provisions of section sec.3. one of this act the i)erson, partnershij), company, or cor- poration violating the same, by knowingly assisting, encour- aging or soliciting the migration or importation of any alien or aliens, foreigner or foreigners, into the United States, its Territories, or the District of Columbia, to i)er- form labor or service of any kind under contract or agree- ment, express or imj)lied, parol or special, with such alien or aliens, foreigner or foreigners, previous to becoming resi- dents or citizens of the United States, shall forfeit anerson or person of Chinese descent arrested see. 3. under the provisions of this act or the acts hereby extended shall be adjudged to be unlawfully within the United States unless such person shall establish, by affirmative proof, to the satisfaction of such justice, judge, or commissioner, his lawful right to remain in the United States. Any such Chinese person or person of Chinese descent sec. 4. convicted and adjudged to be not lawfully entitled to be or remain in the United States shall be imprisoned at hard labor for a period of not exceeding one year and thereafter removed from the United States, as hereinbefore provided. After the passage of this act on an application to any see. 5. judge or court of the United States in the first instance for a writ of habeas corpus, by a Chinese person seeking to land in the United States, to whom that privilege has been denied, no bail shall be allowed, and such application shall be heard and determined promptly without unnecessary delay. 265 266 PART XXVII. CHINESE IMMIGRATION. Sec. ]■ Sec. 6. It shall be the duty of all Chinese laborers within the Nov. 3, 1893. limits of the United States who were entitled to remain in the United States before the passage of the act to which this is an amendment to apply to the collector of internal revenue of their respective districts within six months after the passage of this act for a certificate of residence; and any Chinese laborer within the limits of the United States who shall neglect, fail, or refuse to comply with the provisions of this act and the act to whicli this is an amend- ment, or who, after the expiration of said six months, shall be found within the jurisdiction of the United States with- out such certificate of residence, shall be deemed and adjudged to be unlawfully within the United States, and may be arrested by any United States customs official, collector of internal revenue or his deputies, United States marshal or his deputies, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as provided in this act and in the act to which this is an amendment, unless he shall establish clearly to the satisfaction of said judge that by reason of accident, sickness, or other unavoidable cause he has been unable to procure his certificate, and to the satisfaction of said United States judge, and by at least one credible witness other than Chinese, that he was a resident of the United States on the fifth of May, eight- een hundred and ninety-two; and if, ufton the hearing, it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost. Should it appear that said Chinaman had procured a certificate which has been lost or destroyed, he shall be detained and judgment suspended a reasonable time to enable him to procure a duplicate from the officer granting it, and in such cases the cost of said arrest and trial shall be in the discretion of the court; and any Chinese person, other than a Chinese laborer, having a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge; and that no proceedings for a violation of the provisions of said section six of said act of May fifth, eighteen hundred and ninety-two, as originally enacted, shall hereafter be insti- tuted, and that all proceedings for said violation now pend- ing are hereby discontinued: rrovidedj That no Chinese person heretolore convicted in any court of the States or Territories or of the United States of a felony shall be per- mitted to register under the provisions of this act; but all such persons who are now subject to deportation for failure or refusal to comply with the act to which this is an amend- ment shall be deported from the United States as in said act and in this act provided, upon any appropriate pro- ceedings now pending or which may be hereafter instituted. Sec. 2. The words "laborer" or "laborers,"' wherever used in this act, or in the act to which this is an amendment, shall be construed to mean both skilled and unskilled manual laborers, including Chinese employed in mining, fishing, huckstering, peddling, laundrymen, or those engaged in PART XXVII.— CHINESE IMMIGRATION. 2G7 taking", drying" or otherwise preserving shell or other lish for Lome consumption or exportation. The term "merchant", as employed lierein and in the acts of whicli tliis is amendatory, shall have the following meaning and none other: A merchant is a i)erson engaged in buying and selling merchandise, at a lixed place of busi- ness, which business is conducted in his name, and who during tlie time he claims to be engaged as a menjhant, does not engage in the performance of any manual labor, except such as is necessary in the conduct of his business as such merchant. Where an ap[)lication is made by a Chinaman for entrance into the United States on the ground that he was fornaerly engaged in this country as a merchant, he shall establish by the testimony of two credible witnesses other than Chinese the fact that he conducted such business as here- inbefore defined for at least one year before his departure from the United States, and that during such year he was not engaged in the performance of any manual labor, except such as was necessary in the conduct of his business as such merchant, and in default of such proof shall be refused landing. Such order of deportation shall be executed by the United States Marshal of the district within which such order is made, and he shall execute the same with all convenient dispatch; and pending the execution of such order such Chinese person shall remain in the custody of the United States Marshal, and shall not be admitted to bail. The certificate herein provided for shall contain the pho- tograi)h of the applicant, together with his name, local resi- dence and occupation, and a copy of such certificate, with a duplicate of such photograph attached, shall be filed in the office of the United States Collector of Internal lievenue of the district in which such Chinaman makes application. Such photographs in duplicate shall be furnished by each applicant in such form as may be prescribed by the Secre- tary of the Treasury. Immediately after the passage of this act, the Secretary Mays.isga. of the Treasury shall make such rules and regulations as ^^''^'^^ may be necessary for the efficient execution of this act, and shall prescribe the necessary forms and furnish the necessary blanks to enable collectors of internal revenue to issue the certificates required hereby, and make such pro- visions that certificates may be procured in localities con- venient to the applicant. Such certificates shall be issued without charge to the applicant, and shall contain the name, age, local residence and occupation of the applicant, and such other description of the a])plicant as shall be pre- scribed by the Secretary of the Treasury, and a duplicate thereof shall be filed in the office of the collector of internal revenue for the district within which such Chinaman makes application. Any person who shall knowingly and falsely alter or sub- Sec.s. stitute any name for the name written in such certificate or forge such certificate, or knowingly utter any forged or 268 PART XXVII. CHINESE IMMIGRATION. fraudulent certificate, or falsely personate any person named in such certificate, shall be j?ailty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceed- ing one thousand dollars or imprisoned in the penitentiary for a term of not more than five years. Sec. 9. The Secretary of the Treasury may authorize the pay- ment of such compensation in the nature of fees to the col- lectors of internal revenue, for services i)erformed under the provisions of this act in addition to salaries now allowed by law, as he shall deem necessary, not exceeding the sum of one dollar for each certificate issued. 319. Act of September 13, 1888, as amended October 1, 1888. [Note. — The Treasury Department has never promul- gated this law on account of the fiiilure to ratify treaty, but the Federal courts have held that certain portions of the act are in force. Those i)ortions of the act declared by the courts to be void are omitted.] Sept. 13, 1888. The provisions of this act shall apply to all persons of Sec. 3. ^j^g Chinese race, whether subjects of China or other foreign power, excepting Chinese diplomatic or consular ofiicers and their attendants; and the words "Chinese laborers," whenever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining. Sec. 5. From and after the passage of this act, no Chinese laborer in the United States shall be permitted, after hav- ing left, to return thereto, except under the conditions stated in the following sections. Sec. 6. No Chinese laborer within the purview of the j)receding section shall be j)ermitted to return to the United States unless he has a lawful wife, child, or parent in the United States, or property therein of the value of one thousand dollars, or debts of like amount due him and i>ending set- tlement. The marriage to such wife must have taken place at least a year prior to the application of the laborer for a permit to return to the United States, and must have been followed by the continuous cohabitation of the right parties as man and wife. If the right to return be claimed on the ground of property or of debts, it must appear that the property is bona fide and not colorably acquired for the purpose of evading this act, or that the debts are unas- certained and unsettled, and not promissory notes or other similar acknowledgments of ascertained liability. Sec. 7. A Chinese person claiming the right to be permitted to leave the United States and return thereto on any of the grounds stated in the foregoing section, shall apply to the collector of customs of the district from which he wishes to depart at least a month prior to the time of his departure, and shall make on oath before the said collector a full state- ment descriptive of his family, or property, or debts, as the case may be, and shall furnish to said collector such proofs of the facts entitling him to return as sliall be required by the rules and regulations prescribed from time to time by PART XXVII. — CHINESE IMMIGRATION. 269 the Secretary of the Treasury, and for any false swearing in relation thereto he shall incur the penalties of perjury, lie shall also permit the collector to take a full description of his person, which description the collector shall retain and mark with a number. And if the collector, after hearing the proofs and investi- gating all the circnmstances of the ca«e, shall decide to issue a certificate of return, he shall at such time, and place as he may designate, sign and give to tlie person applying a certiticate containing the number of the descrii)tion last aforesaid, which shall be the sole evidence given to such person of his right to return. If this last named certificate be transferred, it shall become void, and the person to whom it was given shall forfeit his right to return to the United States. The right to return under the said certificate shall be limited to one year; but it may be extended for an addi- tional period, not to exceed a year, in cases where, by rea- son of sickness or other cause of disability beyond his control, the holder thereof shall be rendered unable sooner to return, which facts shall be fully reported to and inves- tigated by the consular representative of the United States at the port or place from which such laborer departs for the United States, and certified by such representative of the United States to the satisfaction of the collector of cus- toms at the port where such Chinese person shall seek to land in the United States, such certificate to be delivered by said representative to the master of the vessel on which he departs for the United States. And no Chinese laborer shall be permitted to re-enter the United States without ])rodu<'ing to the proper ofiticer of the customs at the port of such entry the return certificate herein required. A Chinese laborer possessing a certiticate under this sec- tion shall be admitted to the United States only at the port from which he departed therefrom, and no Chinese person, except Chinese diplomatic or consular officers, and their attendants, shall be permitted to enter the United States except at the ports of San Francisco, Portland, Oregon, Boston, New York, New Orleans, Port Townsend, or such other ports as may be designated by the Secretary of the Treasury. The Secretary of the Treasury shall be, and he hereby sec.s. is, authorized and empowered to make and prescribe, and frmn time to time to change and amend such rules and regulations, not in conflict with this act, as he may deem necessary and proper to conveniently secure to such Chinese persons as are provided for in articles second and third of the said treaty between the United States and the Empire of China, the rights therein mentioned, and such as shall also protect the United States against the coming and transit of persons not entitled to the benefit of the provisions of said articles. And he is hereby further authorized and empowered to prescribe the form and substance of certificates to be is- sued to Chinese laborers under and in pursuance of the 270 PART XXVII. CHINESE IMMIGRATION. provisions of said articles, and prescribe the form of the record of such certificate and of the proceedings for issu- ing the same, and he may require the deposit, as a part of such record, of the photograph of the party to whom any such certificate shall be issued. Sec. 9. The master of any vessel who shall knowingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer or other Chinese person, in contravention of the provisions of this act, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished with a fine of not less than five hundred dollars nor more than one thousand dollars, in the discretion of the court, for every Chinese laborer or other Chinese person so brought, and may also be imprisoned for a term of not less than one year, nor more than five years, in the discretion of the court. Sec. 10. The foregoing section shall not apply to the case of any master whose vessel shall come within the jurisdiction of the United States in distress or under stress of weather, or touching at any port of the United States on its voyage to any foreign i)ort or place. But Chinese laborers or persons on such vessels shall not be permitted to land, except in case of necessity, and must depart with the vessel on leav- ing port. Sec. 11. Any person who shall knowingly and falsely alter or sub- stitute any name for the name written in any certificate herein required, or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certificate, and any person other than the one to whom a certificate was issued who shall falsely present any such certificate, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, and imprisoned in a penitentiary for a term of not more than five years. Sec.i2. Before any Chinese passengers are landed from any such vessel, the collector or his deputy, shall jjroceed to examine such passengers, comparing the certificates with the list and with the passengers; and no i^assenger shall be allowed to land in the United States from such vessel in violation of law; and the collector shall in person decide all questions in dispute with regard to the right of any Chinese passenger to enter the United States, and his decision shall be sub- ject to review by the Secretary of the Treasury, and not otherwise. Sec. 13. Any Chinese person, or person of Chinese descent, found unlawfully in the United States, or its Territories, may be arrested upon a warrant issued upon a com])laiut, under oath, filed by any party on behalf of the United States, by any justice, judge, or commissioner of any United States court, returnable before any justice, judge, or commis- sioner of a United States court, or before any United States court, and when convicted, upon a hearing, and found and adjudged to be one not lawfully entitled to be or remain in PART XXVII. CHINESE IMMIGRATION. 271 the Uuitecl States, such person shall be removed from the United States to the country whence he came. But any such Chinese person convicted before a commis- sioner of a United States court may, within ten days from such conviction, appeal to the Judge of the district court for the district. A certified copy of the judgment shall be the process upon which said removal shall be made, and it may be executed by the marshal of the district, or any oilicer hav- ing authority of a marshal under the provisions of this section. And in all such cases the person who brought or aided in bringing such person into the United States shall be liable to the Government of the United States for all neces- sary expenses incurred in such investigation and removal; and all peace officers of the several States and Territories of the United States are hereby invested with the same authority in reference to carrying out the provisions of this act, as a marshal or deputy marshal of the United States, and shall be entitled to like compensation, to be audited and paid by the same officers. The preceding sections shall not apply to Chinese diplo- sec. i4. matic or consular officers or their attendants, who shall be admitted to the United States under special instructions of the Treasury Department, without production of other evidence than that of personal identity. From and after the passage of this act, it shall be unlaw- oct. i, isss. ful for any Chinese laborer who shall at any time heretofore have been, or who may now or hereafter be, a resident within the United States, and who shall have departed, or shall depart, therefrom, and shall not have returned before the passage of this act, to return to, or remain in, the United States. No certificates of identity provided for in the fourth and Sec.2. fifth sections of the act to which this is a supplement shall hereafter be issued; and every certificate heretofore issued in ])ursuance thereof, is hereby declared void and of no effect, and the Chinese laborer claiming admission by virtue thereof shall not be permitted to enter the United States. All the duties prescribed, liabilities penalties and forfei- sec.3. tures imposed, and the i)Owers conferred by the second, tenth, eleventh, and twelfth sections of the act to which this is a supplement are hereby extended and made ai)pli- cable to the provisions of this act. All such part or parts of the act to which this is a sup- Sec-4. plement as are inconsistent herewith are hereby repealed. 320. Act of May 6, 1882, as amended July 5, 1884. From and after the passage of this act, and until the ex- J"'y •''• ^^s*- piration of ten years next after the passage of this act, the coming of Chinese laborers to the Tuited States be, and the same is hereby, sus])ended, and during such susi)ension it shall not be lawful for any Chinese laborer to come from 272 PART XXVII. CHINESE IMMIGRATION. any foreign port or place, or having so come to remain within the United States. Sec. 2. The master of any vessel who shall knowingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer, from any foreign port or place, shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall be punished by a tine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may also be imprisoned for a term not exceeding one year. Sec. 3. The two foregoing sections shall not apply to Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the exj)iration of ninety days next after the passage of the act to which this act is amendatory, nor shall said sections apply to Chinese laborers, who shall produce to such master before going on board such vessel, and shall produce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this section mentioned; Nor shall the two foregoing sections apply to the case of any master whose vessel, being bound to a port not within the United States, shall come within the jurisdiction of the United States by reason of being in distress or in stress of weather, or touching at any port of the United States on its voyage to any foreign port or place: Provided: That all Chinese laborers brought on such vessel shall not be permitted to land except in case of absolute necessity, and must depart with the vessel on leaving port. Sec. 4. For the purpose of properly identifying Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amend- atory, and in order to furnish them with the proper evidence of their right to go from and come to the United States as provided by the said act and the treaty between the United States and China dated November seventeenth, eighteen hundred and eighty, the collector of customs of the district from which any such Chinese laborer shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer, and cleared or about to sail from his district for a foreign port, and on such vessel make a list of all such Chinese labor- ers, which shall be entered in registry-books, to be kept for that purpose in which shall be stated the individual, family, and tribal name in full, the age, occupation, when and where followed, last place of residence, physical marks or pecuharities, and all facts necessary foi the identifica- tion of each of such Chinese laborers, which books shall be safely kept in the custom-house; And every such Chinese laborer so departing from the United States shall be entitled to and shall receive, free of PART XXVII. CHINESE IMMIGRATION. 273 any cliarj;c or cost upon application therefor, Crom the col- lector or his deputy, in the name of said collector and attested by said collector's seal of office, at the time such list is taken, a certilicate, signed by the collector or his deputy and attested by his seal of office, in such form as the Secretary of the Treasury shall prescribe, M^hich certift- cate shall contain a statement of the individual, family, and tribal name in full, age, occupation, when and where followed, of the Chinese laborer to whom the certilicate is issued, corresponding with the said list and registry in all particulars. In case any Chinese laborer, after having received such certificate, shall leave such vessel before her departure, he shall deliver his certilicate to the master of the vessel ; and if such Chinese laborer shall fail to return to such vessel before her departure from port, the certificate shall be deliv- ered by the master to the collector of customs for cancel- lation. The certificate herein provided for shall en title the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chiuese laborer shall seek to re enter, and said certificate shall be the only evidence permissible to establish his right of reentry ; and upon delivering of such certificate by such Chinese laborer to the collector of customs at the time of re-entry in the United States, said collector shall cause the same to be filed in the custom house and duly canceled. In order to the faithful execution of the provisions of this Sec.c. act, every Chinese person, other than a laborer, who may be entitled by said treaty or this act to come within the United States, and who shall be about to come to the United States, shall obtain the permission of and be identified as so entitled by the Chinese Government, or of such other foreign Gov- ernment of which at the time such Chinese person shall be a subject, in each case to be evidenced by a certificate issued by such Government, which certificate shall be in the Eng- lish language, and shall show such permission, with the name of the permitted person in his or her proper signature, and which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, when and where and how long pursued, and place of residence of the person to whom the certificate is issued, and that such person is entitled by this act to come within the United States. If the person so applying for a certificate shall be a mer- chant, said certificate shall, in addition to above require- ments, state the nature, character, and estimated value of the business carried on by him prior to and at the time of his application as aforesaid : Provided, That nothing in this act nor in said treaty shall be construed as embracing within the meaning of the word "merchant," hucksters, peddlers, or those engaged in tak- ing, drying, or otherwise preserving shell or other fish for home consumption or exjiortation. NAV 09, PT 2 18 274 PART XXVII. CHINESE IMMIGRATION. If the certificate be sought for the purpose of travel for curiosity, it shall also state whether the applicant intends to pass through or travel within the United States, together with his financial standing in the country from which such certificate is desired. The certificate provided for in this act, and the identity of the person named therein shall, before such person goes on board any vessel to proceed to the United States, be vised by the endorsement of the diplomatic representative of the United States in the foreign country from which said certificate issues, or of the consular representative of the United States at the port or place from which the person named in the certificate is about to depart; and such diplo- matic representative or consular representative whose in- dorsement is so required is hereby empowered, and it shall be his duty, before indorsing such certificate as aforesaid, to examine into the truth of the statements set forth in said certificate, and if he shall find upon examination tliat said or any of the statements therein contained are untrue it shall be his duty to refuse to indorse the same. Such certificate vised as aforesaid shall be prima facie evidence of the facts set forth therein, and shall be pro- duced to the collector of customs of the port in the district in the United States at which the peison named therein shall arrive, and afterward produced to the proper authori- ties of the United States whenever lawfully demanded, and shall be the sole evidence permissible on the part of the per- son so producing the same to establish a right of entry into the United States ; but said certificate may be controverted and tlie facts therein stated disproved by the United States authorities. May 6, 1882. Any pcrsou who shall knowingly and falsely alter or sub- Sec.7. stitute any name for the name written in such certificate or forge any such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certificate, shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, and impris- oned in a penitentiary for a term of not more than five years. July 5, 1884. The master of any vessel arriving in the United States Sec. 8. from any foreign port or place shall, at the same time he delivers a manifest of the cargo, and if there be no cargo, then at the time of making a report of the entry of the vessel pursuant to law, in addition to the other matter required to be reported, and before landing, or permitting to land, any Chinese passengers, deliver and report to the collector of customs of the district in which such vessels shall have arrived a separate list of all Chinese passengers taken on board his vessel at any foreign port or place, and all such passengers on board the vessel at that time. Such list shall show the names of such passengers (and if accredited officers of the Chinese or of any other foreign Government, traveling on the business of that Govern- ment, or their servants, with a note of such facts), and the names and other jiarticulars as shown by their respective PART XXVII. — CHINESE IMMIGRATION. 275 certificates ; and such list shall be sworu to by the master in the manner required by law in relation to the manifest of the cargo. Any refusal or wilful neglect of any such master to com- ply with the provisions of this section shall incur the same penalties and forfeiture as are provided for a refusal or neg- lect to report and deliver a manifest of the cargo. Before any Chinese passengers are landed from any such ^^"^' *"• ^^'^■ vessel, the collector, or his deputy, shall proceed to examine ^"^ " such passengers, comparing the certificates with the list and with the passengers; and ro passenger shall be allowed to land in the United States from such vessel in violation of law. Every vessel whose master shall knowingly violate any of '^''^ ^' '^*- the provisions of this act shall be deemed forfeited to the '^*'"' ^°" United States, and shall be liable to seizure and condem- nation in any district of the United States into which such vessel may enter or in which she may be found. Any person who shall knowingly bring into or cause to be ^''''- ^^■ brought into the United States by land, or who shall aid or abet the same, or aid or abet the landing in the United States from any vessel, of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misde- meanor, and shall on conviction thereof, be fined in a sum not exceeding one thousand dollars, and imprisoned for a term not exceeding one year. No Chinese person shall be permitted to enter the United ^*«- 12. States by land without producing to the proper oflBcer of customs the certificate in this act required of Chinese per- sons seeking to land from a vessel. And any Chinese person found unlawfully within the United States shall be caused to be removed therefrom to the country from whence he came, and at the cost of the United States, after being brought before some justice, judge, or commissioner of a court of the United States and found to be one not lawfully entitled to be or to remain in the United States. And in all such cases the person who brought or aided in bringing such person to the United States shall be liable to the Government of the United States for all necessary expenses incurred in such investigation and removal; and all peace officers of the several States and Territories of the United States are hereby invested with the same authority as a marshal or United States marshal in refer- ence to carrying out the provisions of this act or the act of which this is amendatory, as a marshal or deputy marshal of the United States, and shall be entitled to like compen- sation to be audited and paid by the same otficers. And the United States shall pay all costs and charges for the maintenance and return of any Chinese person hav- ing the certificate prescribed by law as entitling such Chinese person to come into the United States who may not have been permitted to land from any vessel by reason of any of the provisions of this act. This act shall not apply to diplomatic and other officers of ^'"'- ^^■ the Chinese or other Governments traveling upon the busi- 276 PART XXVII. CHINESE IMMIGRATION. ness of that Government, whose credentials shall be taken as equivalent to the certificate in this act mentioned, and shall exempt them and their body and household servants from the provisions of this act as to other Chinese persons. May 6, 1882. Hereafter uo State court or court of the United States Sec. 14. shall admit Chinese to citizenship; and all laws in contiict with this act are hereby repealed. July 5, 1884. The provislous of this act shall apply to all subjects of Soc. 15. China and Chinese, whether subjects of China or any other foreign power. And the words "Chinese laborers," wherever used in this act shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining. Sec. 16. Any violation of any of the provisions of this act, or of the act of which this is amendatory, the punishment of which is not otherwise herein provided for, shall be deemed a misdemeanor, and shall be punishable by a fine not ex- ceeding one thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment. 321. Revised Statutes as amended March 3, 1875. R.s.,2158. ^o citizen of the United States, or foreigner ©oming into or residing within the same, shall, for himself, or for any other person, either as master, factor, owner, or otherwise, build, equip, load, or otherwise prepare, any vessel, regis- tered, enrolled, or licensed, in the United States, for the purpose of procuring from any port or place the subjects of China, Japan, or of any other oriental country, known as "coolies", to be transported to any foreign port, or place, to be disposed of, or sold, or transferred, for any time, as servants or apprentices, or to be held to service or labor. Mar. 3, 187.5 If any person shall knowingly and willfully contract, or ^®<'-*- attempt to contract, in advance or in pursuance of such illegal importation, to supply to another the labor of cooly or other person brought into the United States in violation of section two thousand one hundred and fifty-eight of the Revised Statutes, or of any other section of the laws pro- hibiting the cooly-trade or of this act, such person shall be deemed guilty of a felony, and, upon conviction thereof, in any United States court, shall be fined in a sum not exceeding five hundred dollars and imprisoned for a term not exceeding one year. R.S. 2159. If any vessel, belonging in whole or in part to a citizen of the United States, and registered, enrolled, or other- wise licensed therein, be employed in the "cooly-trade,'" so called, contrary to the provisions of the preceding sec- tion, such vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the United States for the district where the vessel may be found, seized, or carried. R.s.,2i6a Every person who so builds, fits out, equips, loads, or otherwise prepares, or who sends to sea, or navigates, as PART XXVII. CHINESE IMMIGRATION. 277 owner, master, factor, agent, or otherwise, any vessel, be- longing in whole or in j)art to a citizen of the United States, or registered, enrolled, or licensed within the same, know- ing or intending that snch vessel is to be or may be em- ployed in that trade, contrary to the provisions of section twenty-one hnndred and tifty-eight, shall be liable to a ttne not exceeding two thousand dollars, and be imprisoned not exceeding one year. Every citizen of the United States who, contrary to the h. s.,2igi. provisions of section twenty-one hundred and fifty-eight, takes on board of any vessel, or receives or transports any such subjects as are described in that section, for the i)ur- poseof disposing of them in any way as therein prohibited, shall be liable to a line not exceeding two thousand dollars and be imprisoned not exceeding one year. liJothing herein contained shall be deemed t# apply to its, 2102. any voluntary emigration of the subjects specified in sec- tion twenty-one hundred and tifty-eight, or to any vessel carrying such person as passenger on board the same, but a certificate shall be prepared and signed by the consul or consular agent of the United States residing at the port from which such vessel may take her departure, containing the name of such ])erson, and setting forth the fact of his vol- untary emigration from such port, which certificate shall be given to the master of such vessel; and the same shall not be given until such consul or consular agent is first personally satisfied by evidence of the truth of the facts therein contained. The President is empowered, in such way and at such r.s.,2168. time as he may judge proper, to direct the vessels of the United States, and the masters and commanders thereof, to examine all vessels navigated or owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed under the laws thereof, whenever, in the judgment of such master or commanding officer, rea- sonable cause exists to believe that such vessel has on board any subjects of China, Japan, or other oriental country, known as "coolies;" and, upon sufticient proof that such vessel is employed in violation of the preceding provisions, to cause her to be carried, with her officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of according to law. Fo tax or charge shall be imposed or enforced by any k.s.,2164. State upon any person immigrating thereto from a foreign country, which is not equally imposed and enforced upon every person immigrating to such State from any other foreign country. In determining whether the immigration of any subject Mar. 3,1875. of China, Japan, or any Oriental country, to the United States, is free and voluntary, as provided by section two thousand one hundred nnd sixty-two of the lievised Code, title "Immigration," it shall be the duty of the consul-gen- eral or consul of the United States residing at the port 278 PART XXVII. CHINESE IMMIGRATION. from which it is proposed to convey such subjects, in any vessels enrolled or licensed in the United States, or any port within the same, before delivering to the masters of any such vessels the permit or certificate provided for in such section, to ascertain whether such immigrant has entered into a contract or agreement for a term of service within the United States, for lewd and immoral purposes ; and if there be such contract or agreement, the said consul general or consul shall not deliver the required permit or certificate. Sec. 2. If any citizen of the United States, or other person amenable to the laws of the United States, shall take, or cause to be taken or transported, to or from the United States any subject of China, Japan, or any Oriental country, without their free and voluntary consent, for the purpose of holding them to a term of service, such citizen or other person shall be liable to be indicted therefor, and, on conviction of such offense, shall be punished by a fine not exceeding two thousand dollars and be imprisoned not exceeding one year; and all contracts and agreements for a term of service of such persons in the United States, whether made in advance or in pursuance of such illegal importation, and whether such importation shall have been in American or other vessels, are hereby declared void. Part XXVIII— OCEAN MAIL SERVICE. 322. Special ocean mail contracts. 1 324. United States mail agencies abroad 323. General ocean mail service, I 322. Special ocean mail contracts. The Postmaster-General is hereby authorized and em- Mar. 3. i89i. powered to enter into contracts for a term not less than live nor more than ten years in duration, with American citizens for the carrying of mails on American steamships, between ports of the United States and such ports in for- eign countries, the Dominion of Canada excepted, as in his judgment will best subserve and promote the postal and commercial interests of the United States, the mail service on such lines to be equitably distributed among the Atlantic, Mexican Gulf and Pacific ports. Said contracts shall be made with the lowest responsible bidder for the performance of said service on each route, and the Post- master-General shall have the right to reject all bids not in his opinion reasonable for the attaining of the purposes named. Before making any contracts for carrying ocean mails in see. 2. accordance with this act the Postmaster-General shall give imblic notice by advertising once a week, for three months, in such daily papers as he shall select in each of the cities of Boston, New York, Philadelphia, Baltimore, New Orleans, Saint Louis, Charleston, Norfolk, Savannah, Galveston and Mobile, and when the proposed service is to be on the Pacific Ocean, then in San Francisco, Tacoma and Port- land. Such notice shall describe the route, the time when such contract will be made, the duration of the same, the size of the steamers to be used, the number of trips a year, the times of sailing, and the time when the service shall commence, which shall not be more than three years after the contract shall be let. The details of the mode of adver- tising and letting such contracts shall be conducted in the manner prescribed in chapter eight of title [R. S., 2041- 29G3] forty-six of the Revised Statutes for the letting of inland mail contracts so far as the same shall be applicable to the ocean mail service. The vessels employed in the mail service under the pro- soc. 3. visions of this Act shall be American-built steamships, owned and officered by American citizens, in conformity with the existing laws, or so owned and officered iind reg- istered according to law, and upon each departure from the 279 280 PART XXVIII. OCEAN MAIL SERVICE. Uuited States the following proportion of tlie crew shall be citizens of the Uuited States, to wit: During the first two years of such contract for carrying the mails, one fourth thereof; during the next three succeeding years, one-third thereof; and during the remaining time of the continuance of such contract at least one-half thereof: and shall be constructed after the latest and most approved types, with all the modern improvements and appliances for ocean steamers. They shall be divided into four classes. The first shall be iron or steel screw steamships, capable of maintaining a speed of twenty knots an hour at sea in ordinary weather, and of a gross registered tonnage of not less than eight thousand tons. No vessel except of said first class shall be accepted for said mail service under the provisions of this act between the United States and Great Britain. The second class shall be iron or steel steamships, capable of maintaining a speed of sixteen knots an hour at sea in ordinary weather, and of a gross registered tonnage of not less than five thousand tons. The tliird class shall be iron or steel steamships, capable of maintaining a speed of four- teen knots an hour at sea in ordinary weather, and of a gross registered tonnage of not less than two thousand five hundred tons. The fourth class shall be iron or steel or wooden steam-ships, capable of maintaining a speed of twelve knots an hour at sea in ordinary weather, and of a gross registered tonnage of not less than fifteen hundred tons. It shall be stipulated in the contract or contracts to be entered into for the said mail service that said vessels may carry passengers with their baggage in addition to said mails and may do all ordinary business done by steam-ships. Sec. 4. All steamships of the first, second, and third classes employed as above and hereafter built shall be constructed with particular reference to prompt and economical con- version into auxiliary naval cruisers, and according to plans and specifications to be agreed upon by and between the owners and the Secretary of the Navy, and they shall be of sufficient strength and stability to carry and sustain the working and operation of at least four effective rilled cannon of a caliber of not less than six inches, and shall be of the highest rating known to maritime commerce. And all ves- sels of said three classes heretofore built and so employed shall, before they are accepted for the mail service herein provided for, be thoroughly inspected by a competent naval officer or constructor detailed for that service by the Sec- retary of the Navy; and such officer shall report, in writing, to the Secretary of the Navy, who shall transmit said report to the Postmaster-General; and no such vessel not approved by the Secretary of the Navy as suitable for the service required shall be employed by the Postmaster- General as provided for in this act. Sec. 5. The rate of compensation to be paid for such ocean mail service of the said first-class ships shall not exceed the sum of four dollars a mile, and for the second class ships two dollars a mile, by the shortest practicable route, for each PART XXVIII. Of 'KAN MAIL SERVICE. 281 outward voyage; for the third-class ships not to exoeed one dollar a mile, and for the fourth-class ships two-thirds of one dollar a mile, for the actual number of miles re(iuired by the Post Office Department lo be traveled on each out- ward bound voyage: Prorided, That in the case of failure from any cause to perform the regular voyages stipulated for in said contracts or any of them, a pro rata deduction shall be made from the compensation on account of sucdi omitted voyage or voyages; and that suitable fines and penalties may be imposed for delays or irregularities in the due performance of service according to the contract, to be determined by the Postmaster General: rrorided further J That no steamship so employed and so i)aid for carrying the United States mails shall receive any other bounty or subsidy from the Treasury of the United States. Upon each of said vessels the United States shall be ^'c-c. entitled to have transported, free of charge, a mail-messen- ger, whose duty it shall be to receive, sort, take in charge and deliver the mails to and from the United States, and wlio shall be provided with suitable room for the accom- modation of himself and the mails. The ofiflcers of the United States Navy may volunteer sec.7. for service on said mail vessels, and when accepted by the contractor or contractors, may be assigned to sucli duty by the Secretary of the Navy whenever in his opinion such assignment can be made without detriment to the service, and while in said emi)loyment they shall receive furlough pay from the Government, and such other compensation from the contractor or contractors as may be agreed upon hy the parties : Provided^ That they shall only be required to perform such duties as appertain to the merchant service. Said vessels shall take, as cadets or apprentices, one sec.s. American-born boy, under twenty-one years of age for each one thousand tons gross register, and one for eacli majority fraction thereof, who shall be educated in the duties of sea- manship, rank as petty officers, and receive such pay for their services as may be reasonable. Such steamers may be taken and used by the United soc.9. States as transports or cruisers, upon payment to the own- ers of the fair actual value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value between the United States and the owners, then the same shall be determined by two impartial appraisers, one to be appointed by each of said i)arties, they at the same time selecting a third, who shall act in said appraisement in case the two shall fail to agree. Reserve guns for auxiliary cruisers: Toward the arma- i^iar.3, 1899. ment of modern guns for auxiliary cruisers mentioned in the act approved March third, eighteen hundred and ninety- one, and in section four of the act approved May tenth, eighteen hundred and ninety two, two hundred and fifty thousand dollars: Provided^ That the Secretary of the Navy 282 PART XXVIII. OCEAN MAIL SERVICE. may, in his discretion, purchase by contract all or any part of such guns. 323. General ocean mail service. Mar. 1,1899. For transportation of foreign mails, two million one hun- dred and fifty-four thousand dollars, including additional compensation to the Oceanic Steamship Company for transporting the mails by its steamers sailing from San Francisco to New Zealand and New South Wales by way of Honolulu, all mails made up in the United States destined for the Hawaiian Islands, the Australian colonies. New Caledonia, and the islands in the Pacific Ocean, eighty thousand dollars: Provided, That the sum paid the said Oceanic Steamship Company shall not exceed two dollars jjer mile, as authorized by Act of March third, eighteen hundred and ninety-one. [Including special contracts.] R. s., 39G9. The Postmaster-General may cause the mail to be carried in any steamboat or other vessel used as a packet on any of the waters of the United States. R. s.,3970. The Postmaster-General may, if he deem it for the pub- lic interest, make contracts for any period not exceeding one year, for carrying the mails in steamships between any of the ports of the ifnited States. R. s.,3977. The master of any steamboat passing between ports or places in the United States, and arriving at any such port )r place where there is a post-oflQce, shall deliver to the postmaster, within three hours after his arrival, if in the day-time, and if at night, within two hours after the next sunrise, all letters and packets brought by him, or within his power or control and not relating to the cargo, addressed to or destined for such port or place, for which he shall receive from the postmaster two cents for each letter or packet so delivered, unless the same is carried under a contract for carrying the mails; and for every failure to so deliver such letters and packets, the master or owner of the steamboat shall be liable to a penalty of one hundred and fifty dollars. R. s., 3978. The Postmaster-General may pay, to the master or owner of any vessel not regularly employed in carrying the mail, two cents for each letter carried by such vessel between ports or places in the United States, or f'-om any for- eign port to any port in the United States; but all such letters shall be deposited in the post office at the port of arrival. R. s.,3987. No vessel departing from the United States for any for- eign port shall receive on board or convey any letter or packet originating in the United States which has not been regularly received from the post-office at the port of depar- ture, and which does not relate to the cargo of such vessel, except as provided in section three thousand nine hundred and ninety- three; and every collector, or other officer of the port empowered to grant clearances, shall require from the master of such vessel, as a condition of clearance, an oath PART XXVIII. OCEAX MAIL SERVICE. 283 that he has not received on board, has not nnder liis care or control, and will not receive or convey any letter or packet contrary to the provisions of this section. No vessel arriving within any port or collection-district of '- •^•. •'"sa. the United States shall be allowed to make entry or break bnlk nutil all letters on board are delivered at the nearest l)ost ofhce, and the master thereof has signed and sworn to the following- declaration, before the collector or other proper customs officer: " I, A. B., master of the , arriving from , and now lying in the ])ort of , do solemnly swear (or atlirm) that I have, to the best of my knowledge and belief, deliv- ered, at the post-office at , every letter, and every bag, packet, or parcel of letters, which were on board the said vessel during her last voyage, or which were in my posses- sion or under my power or control." And any master who shall break bulk before he has de- livered such letters shall be liable to a penalty of not more than one hundred dollars, recoverable, one-half to the oflicer making the seizure, and the other to the use of the Tnited States. Any special agent of the Post-Office Department, when ]:. s.,n989. instructed by the Postmaster General to make examina- tions and seizures, and the collector or other customs offi- cers of any port, without special instructions, shall care- fully search all vessels for letters which may be on board or which have been conveyed contrary to law. Any special agent of the Post-Office Department, col- ks..309o. lector, or other customs officer, or United States marshal or his deputy, may at all times seize all letters and bags, ])ackets or parcels, containing letters which are being car- ried contrary to law on board any vessel or any post-route, and convey the same to the nearest post-office, or maj^, by the direction of the Postmaster-General or Secretary of the Treasury, detain them until two months after the final determination of all suits and proceedings which may, at any time within six months after such seizure, be brought against any i)erson for sending or carrying such letters. Every package or parcel seized by any special agent of k s.,3991. the Post-Office Department, collector, or other customs officer, or United States marshal or his deimties, in which any letter is unlawfully concealed, shall be forfeited to the United States, and the same proceedings may be had to enforce the forfeiture as are authorized in respect to goods, wares, and merchandise forfeited for violation of the revenue laws; and all lawsfor the benefit and ])rotection of customs officers making seizures for violating the revenue laws shall apply to officers making seizures for violating the postal laws. Nothing herein contained shall be construed to prohibit u.s,:!902. the conveyance or transmission of letters or packets by private hands without compensation, or by special mes- senger employed for the particular occasion only. 284 PART XXVIII. OCEAN MAIL SERVICE. R.s.,4006. 'jijig Postmaster-General, after advertising for proposals, may enter into contracts or make suitable arraugemeuts for transporting the mail through any foreign country, between any two points in the United States, and such transporta- tion shall be by the speediest, safest, and most economical route; and all contracts therefor may be revoked whenever any new road or canal sliall be opened affording a speedier, more economical, and equally safe transportation between the same points; but in case of tlie revocation of any such contract, a fair indemnity shall b(^ awarded to the contractor. R. s.,4007. The Postmaster-General may, after advertising for j)ro- posals, enter into contracts for the transportation of the mail between the United States and any foreign country whenever the public interests will thereby be promoted. R.s.,4008. The mail between the United States and any foreign port, or between ports of the United States touching at a foreign port, shall be transported iu steamshii)s; but the Postmas- ter-General may have such transportation performed by sailing-vessels when the service can be facilitated thereby. R. s.,4009. For transporting the mail between the United States and any foreign port, or between ports of the United States touching at a foreign port, the Postmaster-General may allow as compensation, if by a United States steamship, any sum not exceeding the sea and United States inland postage; and if by a foreign steamship or by a sailing ves- sel, any sum not exceeding the sea-postage, on the mail so transported. [Amended by March 3, 1891, above.] ' R. s., 4010. The Postmaster-General may imi)ose fines on contractors for transporting the mail between the United States and any foreign country, for any unreasonable or unnecessary delay in the departure of such mail, or the performance of the trip; but the fine for any one default shall not exceed one-half the contract price for the trip. R.S..4011. Every contract for transporting the mail between the United States and any foreign country shall contain, besides the usual stipulation for the right of the Postmaster-Gen- eral to discontinue the same, the further stipulation that it may be terminated by Oongi'ess. R. s.. 4012. The Postjnaster-General may, by and with the advice and consent of the President, make any arrangements which may be deemed just and expedient for allowing the mails of Canada, or any other country adjoining the United States, to be transported over the territory of the United States from one point in such country to any other point in the same, at the expense of the country to which the mail belongs, upon obtaining a like privilege for the transporta- tion of the United States mail through the country to which the privilege is granted; but such privilege may at any time be annulled by the President or Congress from and after one month succeeding the day on which notice of the act of the President or Congress is given to the chief exec- utive or head of the post-office department of the country whose privilege is to be annulled. PART XXVITI. OCEAN MAIL SERVICE. 285 The Postmaster-General, under tliw direction of the Presi- ^^ s-.^ois dent of the United States, is hereby authorized and empow- ered to charoe upon, and collect from, all letters and other mailable matter carried to or from any i)ort of the Ignited States, in any forcijin i)acket-ship or other vessel, the same rate or rates of charge for American postage which the ^ov- ernmentto which such foreign packet or otlier vessel belongs tmposes upon letters and other mailable matter conveyed to or from such foreign country in American packets or other vessels as the postage of such government, and at any time to revoke the same; and all custom-house officers and other United States agents designated or appointed for that pur- pose shall enforceorcarry intoetfect the Ibregoing provision, and aid or assist in the collection of such postage, and to that end it shall be lawful for such ofdcers and agents, on suspicion of fraud, to open and examine, in the presence of two or more respectable persons, being citizens of the United States, any package or i)ackages supposed to con- tain mailable matter found on board such packets or other vessels or elsewhere, and to prevent, if necessary, such packets or other vessels from entering, breaking bulk, or making clearance until such letters or other mailable matter are duly delivered into the United States post-office. 324. United States mail agencies abroad. The Postmaster-General may establish resident mail- ^^•^-•*02i. agencies at the ports of Panama and Aspinwall, in N"ew Granada; Havana, in Cuba; at Saint Thomas, and at such other foreign ports at which United States mail-steamers touch to land and receive mails, as may, in his judgment, l^romote the efficiency of the foreign mail-service; and may pay the agents employed by him at such i)ort8, out of the appropriation for transportation of the mail, a reasonable compensation for their services, and the necessary expenses for office-rent, clerk-hire, office-furniture, and other inci- dentals, to be allowed him at each of such agencies. The Postmaster- General may appoint an agent in charge 5iS..4022. of the mail on board of each of the mail steamers on the routes between San Francisco, Japan, and China; between San Francisco and Honolulu, in the Hawaiian Islands, and between New York and Eio Janeiro, who shall be allowed, out of the appropriation for transportation of the mail, a salary of two thousand dollars a year each. The Postmaster-General m.ay establish, in connection R.S..4023. with the mail-steamship service to Japan and China, a general postal agency at Shanghai, in China, or at Yoko- hama, in Japan, with such branch agencies at any other ports in China and Japan as he shall deem necessary for the prompt and efficient management of the postal service in those countries; and he may pay the postal agents em- ployed thereat a reasonable compensation for their services, in addition to the necessary expenses for rent, furniture, clerk-hire, and incidental expenses. Part XXIX.— WRECKS. 325. Reportof wrecks. I 327. Wrecks in foreign waters. 326. Canadian wrecks. | 328. Wrecks in Florida, waters. 325. Report of wrecks. June 20, 1874. Whenever any vessel of the United States has sus- sec.io. tained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the collector of customs of the district wherein such vessel belong;* or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the num- ber and names of those lost, and the estimated amount of loss or damage to the vessel or cargo: and shall furnish, upon the request of either of such collectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of one hundred dollars. Sec. 11. Whenever the managing owner or agent of any vessel of the United States has reason, owing to the non-appearance of such vessel, or to any other circumstance, to apprehend that such vessel has been lost, he shall, as soon as conven- iently may be, send notice, in writing, to the collector of customs of the port to which said vessel belonged, of such loss, and the probable occasion thereof stating the name and the official number (if any) of the vessel, and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the collector of such port, such additional information as he may be able; and if he neglect to comply with the above requirements within a reasonable time, he shall incur a penalty of one hundred dollnrs. 286 PART XXIX. WRECKS. 287 It shall be the duty of the collectors of customs to imme- sti. ii;, diately transmit to the Secretary of the Treasury such rei)orts and iuformatiou as they may receive under tlie pro- visions of the two preceding sections, and they shall also report to the Secretary of the Treasury any neglect or relusal on the part of the managing owner, agent, or mas- ter of any vessel of the United States to comply with the requirements thereof. The Secretary of the Treasury may, upon application see. 13. therefor, remit or mitigate any i)enalty jirovided for in this Mar.:;, i897. Act, or discontinue any prosecution to recover the same, •^^»= i'- upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper. All penalties herein provided may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section forty-three hundred and five of the lie vised Statutes. 326. Canadian wrecks. Canadian vessels and wrecking appurtenance may ren- May-u. i89o. der aid and assistance to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to the Dominion of Canada: Provided, That this act shall not take effect until procla- mation by the President of the United States that the privilege of aiding American or other vessels and property wrecked, disabled, or in distress in Canadian waters con- tiguous to the United States has been extended by the Government of the Dominion of Canada to American ves- sels and wrecking appliances of all descriptions. This act Mar.3. 1893. shall be construed to apply to the canal and improvement of the waters between Lake Erie and Lake Huron, and to the waters of the Saint Mary's River and canal: And pro- vided further, That this act shall cease to be in force from and after the date of the proclamation of the President of the United States to the effect that said reciprocal privi- lege has been withdrawn, revoked, or rendered inoperative by the said Covernment of the Dominion of Canada. [Proclaimed July 17, 1893.] 327. Wrecks in foreign waters. Consuls and vice consuls, in cases where vessels of the ii.s.rjag. United States are stranded on the coasts of their consu- lates respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the purpose of saving the vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories thereof so taken, vshall, after deducting therefrom the expenses, be delivered totheowners. No consul or vice-consul shall have authority to take possession of any such merchandise, or other prop- erty, when the master, owner, or consignee thereof is pres- ent or capable of taking i)ossession of the same. 288 PART XXIX. WRECKS. 328. Wrecks in Florida waters. E.s.,4239. All property, of any description whatsoever, which shall be taken from any wreck, from the sea, or from any of the keys and shoals, within thejarisdictionof the United States, on the coast of Florida, shall be brought to some port of entry within the jurisdiction of the United States. K.s.,4240. Every vessel which shall be engaged or employed in carrying or transporting any i)roperty whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals, within the jurisdiction of the United States, on the coast of Florida, to any foreign i)ort, shall, together with her tackle, apparel, and furniture, be forfeited, and all for- feitures incurred by virtue of this se(;tiou shall accrue, one moiety to the informer and the other to the United States. E. s., 4241. No vessel, or master thereof, shall be regularly employed in the business of wrecking on the coast of Florida without the license of the judge of the district court for the district of Florida; and, before licensing any vessel or master, the judge shall be satisfied that the vessel is sea- worthy, and properly and sufficiently fitted and equipped for the busi- ness of saving property shipwrecked and in distress; and that the master thereof is trustworthy, and innocent of any fraud or misconduct in relation to any proj)erty shipwrecked or saved on the coast. Part XXX.— REVENUE CUTTERS. 329. Revenue cutters. The President may, for the better securing the collectiou r. s.,2747. of import or touiinge duties, cause to be maintained so many of the revenue-cutters as may be uecessar^^ to be employed for the protection of the revenue, the expense wliereof shall be paid out of such sum as shall be annually appropriated tor the revenue cutter service, and not other- wise. The Secretary of the Treasury may 'direct the perform- ^- s-. 2758. ance of any service by the re venue- vessels which, in his judgment, is necessary for the protection of the revenue. The officers of the revenue-cutters shall respectively be k. s.,276o. deemed officers of the customs, and shall be subject to the direction of such collectors of the revenue, or other officers thereof, as from time to time shall be designated for that purpose. They shall go on board all vessels which arrive within the United States or within four leagues of the coast thereof, if bound for the United States, and search and examine the same, and every part thereof, and shall demand, receive, and certify the manifests required to be on board certain vessels, shall affix and put proper fastenings on the hatches and other communications with the hold of any vessel, and shall remain on board such vessels until they arrive at the port or place of their destination. The collector of each district may, with the approval of k.s., 276,3. the Secretary of the Treasury, provide and employ such small open row and sail boats, and persons to serve in them, as shall be necessary for the use of the surveyors and insi^ectors in going on board of vessels and otherwise, for the better detection of frauds. The cutters and boats employed in the service of the k. s.,2764. revenue shall be distinguished from other vessels by an ensign and pendant, with such marks thereon us shall be prescribed by the President. If any vessel or boat, not employed in the service of the revenue, shall, within the jurisdiction of the United States, carry or hoist any pend- ant or ensign prescribed for vessels in such service, the master of the vessel so offending shall be liable to a pen- alty of one hundred dollars. NAV 90, PT 2 19 289 290 PART XXX. — REVENUE CUTTERS. K.s.,2765. Whenever any vessel liable to seizure or examination does not bring-to, on being required to do so, or on l)eing chased by any cutter or boat which has displayed the pend- ant and ensign prescribed for vessels in the revenue serv- ice, the master of such cutter or boat may fire at or into such vessel which does not bring-to, after such pendant and ensign has been hoisted, and a gun has been fired by such cutter or boat as a signal ; and such master, and all persons acting by or under his direction, shall be indemnified from any penalties or actions for damages for so doing. If any person is killed or wounded by such firing, and the mas- ter is prosecuted or arrested therefor, he shall be forthwith admitted to bail. July 17, 1884. Hereafter revenue cutters shall be used exclusively for the public service, and in no way for private purposes. Part XXXI.— REMISSION OF FINES AND PENALTIES. 330. Remission of fines and penalties. Whenever any person wlio shall have incurred any fine, R.s.,5292. penalty, or forfeiture, or disability, or may be interested ill any vessel or merchandise whi(;h has become subject to any seizure, forfeiture, or disability by authority of any provisions of law for imposing or collecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels, or providing for the suppression of insur- rections or unlawful combinations against the United States, shall prefer his petition to the judge of the district in which such fine, penalty, or forfeiture, or disability has accrued, truly and particularly setting forth the circum- stances of his case, and shall pray that the same may be mitigated or remitted, the judge shall incjuire, in a sum- mary manner, into the circumstances of the case; first causing reasonable notice to be given to the i^erson claim- ing such tine, penalty, or forfeiture, and to the attorney of the United States for such district, that each may have an opportunity of sliowing cause against the mitigation or remission thereof; and shall cause the facts appearing upon such inquiry to be stated and annexed to the petition, and direct their transmission to the Secretary of the Treasury. The Secretary shall thereupon have power to mitigate or remit such fine, forfeiture, or penalty, or remove such dis- ability, or any i)art thereof, if, in his opinion, the same was incurred without willful negligence, or any intention of fraud in the person incurring the same; and to direct the prosecution, if any has been instituted for the recovery thereof, to cease and be discontinued, upon such terms or conditions as he may deem reasonable and just. The Secretary of the Treasury is authorized to prescribe r. s.,5293. such rules and modes of proceeding to ascertain tiie filets upon which an application for remission of a line, penalty, or forfeiture is founded, as he deems proper, and, upon ascertaining them, to remit the tine, penalty, or forfeiture, if in his opinion it Avas incurred without willful negligence or fraud, in either of the following cases: First. If the tine, penalty, or forfeiture was imposed under authority of any revenue law, and the amount does not exceed one thousand dollars. 291 Mar. 2, 1896. 292 PART XXXI. REMISSION OF FINES AND PENALTIES. Second. Where the case occurred within either of the collection-districts in the States of California or Oregon. Third. If the tine, penalty, or forfeiture was imposed under authority of any provisions of law relating to the importation of merchandise from foreign contiguous terri- tory, or relating to manifests for vessels enrolled or licensed to carry on the coasting trade on the northern, northeastern, and northwestern frontiers. M.ir. 3, 1899. Fifth. If the fine, i)enalty, or forfeiture was imposed by authority of any i^rovisions of laws for levying or collect- ing any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels, and the case arose within the collection district of Alaska, or was imposed by virtue of any provisions of law relating to fur-seals upon the islands of Saint Paul and Saint George. R.s.,5294. The Secretary of tlie Treasury may, upon application Dec. 15, 1894. thcrcfor, remit or mitigate any fine, penalty, or forfeiture provided for in laws relating to vessels or discontinue any prosecution to recover penalties or relating to forfeitures denounced in such laws, excepting the penalty of imprison- ment or of removal from ofiice, upon such terms as he, in his discretion, shall think proper; and all rights granted to informers by such laws shall be held subject to the Secre- tary's powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the remission of the penalty or forfeiture; and the Secretary shall have authority to ascertain tlie facts upon all such applications in such manner and under such regulations as he may deem proper. R.s.,5295. Any officer or other person entitled to or interested in a part or share of any fine, penalty, or forfeiture incurred under any law of the United States, may be examined as a witness in any of the proceedings for the recovery of such fine, penalty, or forfeiture by either of the parties thereto, and such examination shall not deprive such witness of his share or interest in such fine, penalty, or forfeiture. jmie26, 1884. Whenever any fine, penalty, forfeiture, exaction, or charge Sec. 2c. arising under the laws relating to vessels or seamen has been paid to any collector of customs or consularofficer, and api)li- cation has been made within one year from such payment for the refunding or remission of the same, the Secretary of the Treasury If on investigation he finds that such fine, pen;)lty, forfeiture, exaction, or charge was illegally, improperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refn nd so much of such fine, penalty, forfeiture, exaction or charge as he may think proper, from any moneys in the Treasury not otherwise appropriatedo Part XXXII.— CATTLE AND LIVE STOCK TRADE. 331. Regulation of cattle ships. 332. Iiisjiection of live 8t(>ck. 333. Horses and horse meat. 334. luspcctiou of meat for export. 335. Interstate trade. 336. Inspection of ]>ork aiiggij^ saltcd, cauucd, corned, packed, cured, or otherwise prepared, is intended for exportation to any foreign coun- try, at such times and places, and in such manner as he may think proper, with a view to ascertain whether said cattle are free from disease, and their meat sound and whole- some, and may a|)point inspectors who shall be authorized to give an official certificate clearly stating the condition in which such cattle and meat are found, and no clearance shall be given to any vessel having on board any fresh, salted, canned, corned, or packed beef for exportation to and sale in a foreign country from any port in the United States until the owner or shipper sluill obtain from an inspector appointed under the provisions of this act a cer- tificate that said cattle were free from disease and that their meat is sound and wholesome. Mar. 3, 1891. The Secretary of Agriculture shall cause to be inspected Sec. 3. j)rior to their slaughter, all cattle, sheep, and hogs which are subjects of interstate commerce and which are about to be slaughtered at slaughter-houses, canning, salting, i)ack- ing or rendering establishments in any State or Territory, the carcasses or products of which are to be transported and sold for human consumption in any other State or Territory, or the District of Columbia. And in addition to the aforesaid inspection, tliere may be made in all cases where the Secretary of Agriculture may deem necessary or expedient, under rules and regulations to be by him pre- scribed, a post mortem examination of the carcasses of all cattle, sheep, and hogs about to be prepared for human consumption at any slaughter-house, canning, salting, pack- ing or rendering establishment in any State or Territory, or the District of Columbia which are the subjects of inter- state commerce. Sec. 4. Said examination shall be made in the manner provided Mar. 2, 1895. \)y rulcs and regulations to be prescribed by the Secretary of Agriculture, and after said examination the carcasses and products of all cattle, sheep, and swine found to be free of disease and wholesome, sound, and fit for human food shall be marked, stamped, or labeled for identification as may be provided by said rules and regulations of tlie Sec- retary of Agriculture. Any person who shall forge, coun- terfeit, simulate, imitate, falsely represent, or use without authority, or knowingly and wrongfully alter, deface, or destroy any of the marks, stamps, or other devices provided for in the regulations of tlie Secretary of Agriculture, of any such carcasses or their products, or who shall forge, coun- Sec. 1. PART XXXII. CATTLE AND LIVE STOCK TRADE. 295 terfeit, simulate, imitate, falsely represent, or use without authority, or kuowingly and wrongfully alter, deface, or destroy any certiticate or stamp provided in said reer, and when the cattle, sheep, and swine, or their carcasses and products are sent abroad, a third copy shall be delivered to the chief officer of the ves- sel on which the shipment shall be made. None of the provisions of this act shall be so construed ^ec. 7. as to apply to any cattle, sheep, or swine slaughtered by any farmer upon his farm, which may be transx)orted from 296 PART XXXII. CATTLE AND LIVE STOCK TRADE. one state or Territory or tlie District of Columbia into another State or Territory or tlie District of Columbia: Provided, however. That it the carcasses of such cattle, sheep, or swine go to any i)acking' or canning establish- ment and are intended for trans|)ortation to any other State or Territory or the District of Cohnnbia as hereinbe- fore provided, they shall there be subject to the post mor- tem examination provided for in sections three and four of this act. 336. Inspection of pork and bacon. Aug. 30, 1890. The Secretary of Agriculture may cause to be made a careful inspection of salted pork and bacon intended for exportation, with a view to determining whether the same is wholesome, sound, and lit for human food whenever the laws, regulations, or orders of the Government of any for- eign country to which such pork or bacon is to be exported shall require inspection thereof relating to the importation thereof into such country, and also whenever any buyer, seller, or exporter of such meats intended for exportation shall re(}uest the inspection thereof Such inspection shall be made at the i)lace where such meats are packed or boxed, and each package of such meats .so inspected shall bear the marks, stamps, or other device for identification provided for in the last clause of this section : Provided, That an inspection of such meats may also be made at the place of exportation if an inspection has not been made at the place of packing, or if in the opinion of the Secretary of Agricul- ture, a re-inspection becomes necessary. One copy of any certificate issued by any such inspector shall be filed in the Department of Agriculture; another copy shall be attached to the invoice of each separate shipment of such meat, and a third copy shall be delivered to the consignor or shipper of such meat as evidence that packages of salted pork and bacon have been inspected in accordance with the provi- sions of this act and found to be wholesome, sound, and fit for human food ; and for the identification of the same such marks, stamps, or other devices as the Secretary of Agri- culture may by regulation prescribe shall be affixed to each of such packages. Any person who shall forge, counter- feit, or knowingly and wrongfully alter, deface, or destroy any of the marks, stamps, or other devices provided for in this section on any package of any such meats, or who shall forge, counterfeit, or knowingly and wrongfully alter, deface, or destroy any certitlcate in reference to meats pro- vided for in this section, shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars or imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. 337. Diseased caiile. Aug.30, i?9'. rpj^p importation of neat cattle, sheep, and other rumi- nants, and swine, which are diseased or infected with any disease, or which shall have been exposed to such infection within sixty days next before their exportation, is hereby PART XXXII. — CATTLE AND LIVE STOCK TRADE. 297 prohibited; and any person wlio shall kiiowinjily violate the forejioin^- i)ro\ ision shall be deemed guilty of a iiiisthe disinfection of all vessels engaged in the transportation thereof, and of all barges or other vessels used in the conveyance of such animals intended for export to the ocean steamer or other vessels, and of all attendants and their clothing, and of all head- ropes and other appliances used in such exportation, by such orders and regulations as he may prescribe; and if, upon such inspection, any such animals shall be adjudged, un- der the regulations of the Secretary of Agriculture, to be infected or to have been exposed to infection so as to be dan- gerous to other animals, they shall not be allowed to be placed upon any vessel for exportation : the expense of all the inspection and disinfection provided for in this section to be borne by the owners of the vessels on which such animals are exported. 339. Care of caitle in domestic trade. R. s., 4386. No railroad company within the United States whose road forms any part of a line of road over which cattle, sheep, swine, or other animals are conveyed from one State to an- other, or the owners or masters of steam, sailing, or other vessels carrying or transporting cattle, sheep, swine, or other animals from one State to another, shall confine the same in cars, boats, or vessels of any description, for a longer period than twenty-eight consecutive hours, without unloading the same for rest, water, and feeding, for a pe riod of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes. In estimating such confinement the time during which the animals have been confined without such rest on connect- ing roads from which they are received shall be included, it being the intent of this section to prohibit their contin- uous confinement beyond the period of twenty-eight hours, except ui)on contingencies hereinbefore stated. PART XXXII. — CATTLE AND LIVIC STOCK TRADE. 299 Animals so unloaded shall be properly fed and watered ^^ ^- *'^^' during such rest by tlie owner or person liaving the cus- tody thereof, or in case of his default in so doing, then by the railroad company or owners or masters of boats or vessels transporting tlie same at the exj^ense of the owner or person in custody thereof; and such company, owners, or masters shall in such case have a lien upon such animals for food, care, and custody furnished, and shall not be liable for any detention of such animals. Any company, owner, or custodian of such animals who "• «•• •loss. knowingly and willingly fails to comply with the provisions of the two i^recediug sections, shall, for every such failure, be liable for and forfeit and pay a penalty of not less than one hundred nor more than live hundred dollars. But when animals are carried in cars, boats, or other vessels in which they can and do have proper food, water, space, and op))ortunity to rest, the provisions in regard to their being unloaded shall not apply. The penalty created by the preceding sections shall be us, 4339. recovered by civil action in the name of the United States, in the circuit or district court of the United States, holden within the district where the violation may have been com- mitted, or the person or corporation resides or carries on its business; and it shall be the duty of all United States marshals, their deputies and subordinates, to prosecute all violations which come to their notice or knowledge. Any person or corporation entitled to a lien under section R. s., 4390. forty-three hundred and eighty-seven may enforce the same by a petition filed in the district court holden within the district where the food, care, and custody have been fur- nished, or the owner or custodian of the property resides; and the court shall have power to issue all suitable process for the enforcement of such lien by sale or otherwise, and to compel the payment of all costs, penalties, charges, and expenses of proceedings under the provisions of this and the preceding sections. 340. NeaicaWe. The importation of neat cattle and the hides of neat cat- AnK.28,i894. tie from any foreign country into the United States is i)ro- j^'j'.^g^ hibited: rrovided, That the operation of this section shall sec!25. be suspended as to any foreign country or countries, or any parts of such country or countries, whenever the Secretary of the Treasury shall officially determine, and give i)ublic notice thereof that such importation will not tend to the introduction or spread of contagious or infectious diseases among the cattle of the United States; and the Secretary of the Treasury is hereby authorized and empowered, and it shall be his duty, to make all necessary orders and reg- ulations to carry this section into effect, or to susi)eM(l the same as herein provided, and to send copies thereof to the proper officers in the United States, and to such oriicei's or agents of the United States in foreign countries as he shall judge necessary July 24, 1897. 300 PART XXXII. CATTLE AND LIVE STOCK TRADE. Aug. 28, 1894. Any person convicted of a willful violation of any of the Sec. 18. provisions of the preceding section shall be fined not ex- •'^^'y^^^' ^^^^ ceeding live hundred dollars, or imprisoned not exceeding sec.2o. ^^^^ year, or both, in the discretion of the court- Whenever the Secretary of Agriculture shall certify to the President of the United States what countries or parts of countries are free from contagious or infectious diseases of domestic animals, and that neat cattle, domestic animals, Apr. 14, 1896. aiid liidcs can be imi)orted from such countries without danger to the domestic animals of the United States, the President of the United States may suspend the prohibi- tion of the importation of neat cattle, domestic animals, Apr. 23, 1897. and hldcs, in the manner provided by law. That the Presi- dent be, and he i.s hereby, authorized to cause correspondence and negotiation to be had, through the Department of State or otherwise, with the authorities of the Kingdom of Great Britain, for the purpose of securing the abrogation or moditication of the regulations now enforced by said authorities which require cattle imported into Great Britain from the United States of America to be slaughtered at the port of entry, and prohibiting the same from being carried alive to other places in said Kingdom. Part XXXIII.— ADULTERATKT) PRODUCTS. 341. General provision. | 342. Adultorateil fooil piodiutH. 341. General provision. The Secretary of Agriculture, whenever he has reason to ^f=i' i is"9- believe that articles are beiug" imported from foreign conn- tries which are dangerous to the health of the people of the United States, shall make a request upon the Secretary of the Treasury for sami)les from original packages of such articles for inspection and analysis, and the Secretary of the Treasury is hereby authorized to open such original packages and deliver specimens to the Secretary of Agri- culture for the purpose mentioned, giving notice to the owner or consignee of such articles who may be present and have the right to introduce testimony; and the Secre- tary of the Treasury shall refuse delivery to the consignee of any goods which the Secretary of Agriculture reiiorts to him have been inspected and analyzed and found to be dangerous to health. 342. Adulterated food products. It shall be unlawful to import into the United States any Aug. 3o, ism adulterated or unwholesome food or drug or any vinous, soc.2. spirituous or malt li(juors, adulterated or mixed with any poisonous or noxious chemical drug or other ingredient injurious to health. Any person who shall knowingly import into the United States any such adulterated food or drug, or drink, knowing or having reasons to believe the same to be adulterated, being the owner or the agent of the owner, or the consignor or consignee of the owner, or in privity with them, assisting in such unlawful act, shall be deemed guilty of a misdemeanor, and liable to prosecution therefor in the district court of the United States for the district into which such ])roperty is imported; and, on con- viction, such person shall be fined in a sum not exceeding one thousand dollars for each separate shipment, and may be imprisoned by the court for a term not exceeding one year, or both, at the discretion of the court. Any article designed for consumption as human food or Scc.s. drink, and any other article of the classes or descrii)tion mentioned in this act, which shall be imported into the United States contrary to its provisions, shall be ibrfeited to the United States, and shall be proceeded against under the provisions ot chapter eighteen of title thirteen of the Revised Statutes of the United States [R. S. 911-1042;] 301 302 PART XXXIII. ADULTERATED PRODUCTS. And such imported property so declared forfeited may be destroyed or returned to the importer for exportation from the United States after the payment of all costs and expenses, under such regulations as the Secretary of the Treasnry may prescribe; and the Secretary of the Treas- ury may cause such imported articles to be insf)ected or examined in order to ascertain whether the same have been so unlawfully imported. Sec. 4. Whenever the President is satisfied that there is good reason to believe that any importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or wel- fare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the i)rocla- mation of the President any of the articles the importation of which is so suspended. Part XXXIV.— TEA TRADE. 343. Tea trade. It shall be unlawful for auy person or persons or corpor- ^'"'■•''^' '**"''• ation to import or bring into the United States any nier- chandise as tea Avhich is inferior in ])nrity, <[uality, and lit- ness for consumption to the standards ])rovided in section three of this Act, and the importation of all such merchan- dise is herewith prohibited. Immediately after the passage of this Act, and on or Sec. 2. before February fifteenth of each year thereafter, the Sec- retary of the Treasury shall appoint a board, to consist of seven members, each of whom shall be an expert in teas, and who shall prepare and submit to him standard samples of tea; that the i)ersons so appointed shall be at all times subject to removal by the said Secretary, and shall serve for the term of one year; that vacancies in the said board occurring by removal, death, resignation, or any other cause shall be forthwith tilled by the Secretary of the Treasury by aitpointment, such appointee to hold for the unexpired term; that said board shall appoint a presiding officer, who shall be the medium of all communications to or from such board ; that each member of said board shall receive as compensa- tion the sum of fifty dollars per annum, which, together with all necessary expenses while engaged upon the duty herein l)rovided, shall be paid out of the appropriation for " expenses of collecting the revenue from customs." The Secretary of the Treasury, upon the recommendation sec. 3. of the said board, shall fix and establish uniform standards of purity, quality, and fitness for consumption of all kinds of teas imported into the United States, and shall procure and deposit in the custom-houses of the ports of New York, Chicago, San Francisco, and such other ports as he may determine, dujdicate samples of such standards; that said Secretary shall procure a sufficient number of other dupli- cate samples of such standards to supply the importers and dealers in tea at all ports desiring the same at cost. All teas, or merchandise described as tea, of inferior purity, quality, and fitness for consumption to such standards shall be deemed within the prohibition of the first section hereof. On making entry at the custom house of all teas, or nier- •'^c'=- ^^ chandise described as tea, imported into the United States, the importer or consignee shall give a bond to the collector of the port that such merchandise shall not be removed from the warehouse until released by the collector, after it shall have been duly examined with reference to its purity, 304 PART XXXIV. TEA TRADE. (quality, and fitness for consumption ; that for the purpose of such examination samples of each line in every invoice of tea shall be submitted by the importer or consignee to the examiner, together with the sworn statement of such importer or consignee that such samples represent the true quality of each and every part of the invoice and accord with the specifications therein contained ; or in the discretion of the Secretary of the Treasury, such samples shall be obtained by the examiner and compared by him with the standards established by this Act; and in cases where said tea, or merchandise described as tea, is entered at ports where there is no qualified examiner as provided in section seven, the consignee or importer shall in the manner aforesaid furnish under oath a sample of each line of tea to the collector or other revenue ofiicer to whom is committed the collection of duties, and said officer shall also draw or cause to be drawn samples of each line in every invoice and shall forward the same to a duly qualified examiner as ])rovided in section seven : Provided, hotcever^ That the bond above required shall also be conditioned for thepayment of all custom house charges which may attach to such merchandise prior to its being released or destroyed (as the case may be) under the provisions of this Act. Sec. 5. If, after an examination as provided in section four, the tea is found by the examiner to be equal in purity, quality, and fitness for consumption to the standards hereinbefore provided, and no reexamination shall be demanded by the collector as provided in section six, a permit shall at once be granted to the importer or consignee declaring the tea free from the control of the customs authorities; but if on examination such tea, or merchandise described as tea, is found, in the opinion of the examiner, to be inferior in purity, quality, and fitness for consumption to the said standards the importer or consignee shall be immediately notified, and the tea, or merchandise described as tea, shall not be released by the custom-house, unless on a reexamina- tion called for by the importer or consignee the finding of the examiner shall be found to be erroneous : Provided, That should a portion of the invoice be joassed by the examiner, a i)ermit shall be granted for that portion and the remainder held for further examination, as provided in section six. Sec. 6. In case the collector, importer, or consignee shall protest against the finding of the examiner, the matter in dispute shall be referred for decision to a f)oard of three United States general appraisers, to be designated by the Secre- tary of the Treasury, and if such board shall, after due examination, find the tea in question to be equal in purity, quality, and fitness for consumption to the proper standards, a permit shall be issued by the collector for its release and delivery to the importer; but if uj^on such final reexamina tion by su(;h board the tea shall be found to be inferior in purity, quality, and fitness for consumption to the said standards, the importer or consignee shall give a bond, with security satisfactory to the collector, to export said tea, or merchandise described as tea, out of the limits of the United PART XXXIV. TEA TRADE. 305 States within n i)erind of six iiiontlis after such final reex- amination; and if the same shall not have been exported within the time speeilied, the collector, at the expiration of that time, shall cause the same to be destroyed. The examination herein provided for shall be made by a Soc.7. duly (pialitied examiner at a port wliere standard samples are established, and where the mer(;haudise is entered at l)orts where there is no qualified examiner, the examinatiou shall be made at that one of said ports which is nearest the port of entry, and that for this purpose samples of the mer- chandise, obtained in the manner i)rescribe(l by section four of this Act, shall be forwarded to the proper port by the collector or chief otticer at the port of entry; that in all cases of examination or reexamination of teas, or merchan- dise described as tea, by examiners or boards of United States general appraisers under the i)rovisioiis of this Act, the purity, quality, and fitness lor consumption of the same shall be tested according to the usages aud customs of the tea trade, including the testing of an infusion of the same in boiling water, and, if necessary, chemical analysis. In cases of reexamination of teas, or merchandise de- Sec.s. scribed as teas, by a board of United States general apprais- ers in i)ursuance of the provisions hereof, samples of the tea, or merchandise described as tea, in dispute, for trans- mission to such board for its decision, shall be put uj) and sealed by the examiner in the presence of the imjjorter or consignee if he so desires, and transmitted to such board, together with a copy of the finding of the examiner, setting tbrth the cause of condemnation and the claim or ground of the protest of the importer relating to the same, such sam- ples, aud the papers therewith, to be distinguished by such mark that the same may be identified; that the decision of such board shall be in writing, signed by them, and trans- mitted, together with the record and samples, within three days after the rendition thereof, to the collector, who shall forthwith furnish the examiner and the importer or con- signee with a copy of said decision or finding. The board of United States general appraisers herein provided for shall be authorized to obtain the advice, when necessary, of persons skilled in the examination of teas, who shall each receive for his services in any particular case a compensa- tion not exceeding five dollars. No imported teas which have been rejected by a customs sec.9. examiner or by a board of United States general ai)praisers, and exported under the provisions of this Act, shall be reimported into the United States under the penalty of forfeiture for a violation of this prohibition. The Secretary of the Treasury shall have the power to sec.io. enforce the i)rovision8 of this Act by appropriate regula- tions. NAV 99, PT 2 HO Part XXXV.— OPIUM TRADE. 344. Opium trade. reb.23, 1887. The importation of opium into any of the ports of the United States by any subject of the Emperor of China is hereby prohibited. Every person gui'ty of a violation of the preceding i)rovisiou shall be deemed guilty of a n)is- demeanor, and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars nor less than fifty dollars, or by imprisonment for a period of not more than six months nor less than thirty days, or by both such fine and imprisonment, in the discretion of the court. Sec.2. Every package containing opium, either in whole or in part, imported into the United States by "any subject of the Emperor of China, shall be deemed forfeited to the United States; and proceedings for the declaration and consequences of such forfeiture may be instituted in the courts of the United States as in other cases of the viola- tion of the laws relating to other illegal importations. Sec. 3. No citizen of the United States shall import opium into any of the open ports of China, nor transport the same from one o])en port to any other open port, or buy or sell opium in any of such open ports of China, nor shall any vessel owned by citizens of the United States, or any vessel, whether foreign or otherwise, employed by any citizen of the United States, or owned by any citizen of tlie United States, either in whole or in part, and employed by persons not citizens of the United States, take or carry opium into any of such open ports of China, or transport the same from one open jiort to any other open port, or be engaged in any traffic therein between or in such open ports or any of them. Citizens of the United States offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be pun- ished by a fine not exceeding five hundred dollars nor less than fifty dollars, or by both such punishments, in the dis- cretion of the court. The consular courts of the United States in China, con- currently with any district court of the United States in the district in which any offender may be found, shall have jurisdiction to hear, try, and determine all cases arising under the foregoing ])rovisions of this section, subject to the general regulations provided by law. Every i)ackage of opium or package containing opium, either in whole or in part, brought, taken, or transported, trafficked, or dealt in contrary to the provisions of this section, shall be forfeited to the United States, for the benefit of the Emperor of China: and such forfeiture, and the declaration and consequences thereof, shall be made, had, determined, and executed by the proper authorities of the United States exercising judicial i)owers within the Empire of China. 306 Part XXXVL— RULES TO PREVENT COLLISIONS. 345. Duty to stay by. 346. luternational rules of 1897. 347. Cousider^tion of future rules. 348. Inlaud rules of 1897. 349. Limits of aiij>lication of luterna- tioual and inland or local rules. 350. Rules for the Great Lakes aud the St. Lawrence River. 351. Rules for the Red River of tLe North, and rivers emptying into Gulf of Mexico. 352. River navigation. 353. Rules for the ISt. Mary's River. 354. Special rules for regattas. 345. Duty to stay by. In every case of collision between two vessels it shall be s.pt. 4, isoo. the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any), such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision, and also to give to the master or person in charge of the other vessel the name of his own vessel and hci port of registry, or the port or place to which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails so to do, and no reasonable cause for such lail- ure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrong- ful act, neglect, or default. Every master or person in charge of a United States ves- Sec.2. sel who fails, witbont reasonable cause, to render such assistance or give such information as aforesaid shall be deemed guilty of a misdemeanor, and shall l)e liable to a penalty of one thousand dollars, or imprisonment for a term not exceeding two years; and for the above sum the vessel shall be liable and may be seized and proceeded against by process in any district court of the United States by any person; one-half such sum to be ])ayable to the informer aud the other half to the United States. 346. Internationa/ rules of 1897. The following regulations for preventing collisions at sea au;,' in, isqo shall be followed by all public ami private vessels of the United States ui)on the high seas and in all waters con- nected therewith, navigable by seagoing vessels. 307 308 PART XXXVI. RULES TO PREVENT COLLISIONS. PRELIMINARY DEFINITIONS. In the following" rules every steam vessel which is under sail and not under steam is to be considered a sailing-vessel, and every vessel under steam, whether under sail or not, is to be considered a steam -vessel. The word "steam-vessel" shall include any vessel pro- pelled by machinery. A vessel is "under way" within the meaning of these rules when she is not at anchor, or made fast to the shore, or aground. 11. — Lights and so forth. The word "visible" in these rules when applied to lights shall mean visible on a dark night with a clear atmosphere. Article 1. The rules concerning lights shall be com- plied with in all weathers from sunset to sunrise, and dur- ing such time no other lights which may be mistaken for the prescribed lights shall be exhibited. STEAM VESSELS — MASTHEAD LIGHT. Art. 2. A steam-vessel when under way shall carry — (a) On or in front of the foremast, or if a vessel without a foremast, then in the fore part of the vessel, at a height above the hull of not less than t.w^ut#_feet, and if the breadth of the vessel exceeds twWity feet, then at a height above the hull not less than such breadth, so, however, that the light need not be carried at a greater height above the hull than forty feet, a bright white light, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so tixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abijit the beam on either side, and of such a character as to be visible at a distance of at least five mil^s. STEAM VESSELS — SIDE LIGHTS. (b) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the star- board side, and of such a character as to be visible at a distance of at least two miles. (c) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the comjjass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles. (d) The said green and red side-lights shall be lifted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. PART XXXVI. RULES TO PREVENT COLLISIONS. 309 STEAM VESSELS — RANGE LIGHTS. (e) A steam-vessel wheu under way may carry an addi- tional white liglit similar in construction to the li^l't nien- tioued in subdivision (a). These two lij^iits shall be so placed in line with the keel that one shall be at least fifteen feet higher than the other, anil in such a position with ref- erence to each other that the lower light slmll be forward of the upper one. The vertical distance between these lights shall be less than the horizontal distance. STEAM-VESSELS WHEN TOWING. Art. 3. A steam- vessel when towing another vessel shall, in addition to her side-lights, carry two bright white lights in a vertical line one over the other, not less than six feet apart, and when towing more than one vessel shall carry an additional bright white light six feet above or below such light, if the length of the tow measuring from the stern of the towing vessel to the stern of the last vessel towed exceeds six hundred feet. Each of tliese lights shall be of the same construction and character, and shall be carried in the same position as the white light mentioned in article two (a), excepting the additional light, which may be carried at a height of not less than fourteen feet above the hull. Such steam-vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam. SPECIAL LIGHTS. Art. 4. (a) A vessel which from any accident is not under command shall carry at the same height as a white light mentioned in article two ^a), where they can b.es.t be seen, and if a steam vessel in lieu of that light, two red lights, in a vertical line one over the other, not less than six feet apart, and of such a character as to be visible all around the horizon at a distance of at least two miles; and shall by day carry in a vertical line one over the other, not less than six feet apart, where they can best be seen, two black balls or shapes, each two feet in diameter. (b) A vessel employed in laying or in picking up a tele- graph cable shall carry in the same position as the white light mentioned in article two (a), and if a steam-vessel in lieu of that light, three lights in a vertical line one over the other not less than six feet ai)art. The highest and lowest of these lights shall be red, and the middle light shall be white, and they shall be of such a character as to be visible all around the horizon, at a distance of at least two miles. By day she shall carry in a vertical line, one over the other, not less than six feet apart, where they can best be seen, tihree shapes not less tlian two feet in diam- eter, of which the highest and lowest shall be globular in shape and red in color, and the middle one diamond in shape and white. (c) The vessels referred to in this article, when not making way through the water, shall not carry the side- lights, but wheu making way shall carry them. 310 PART XXXVI. RULES TO PREVENT COLLISIONS. (d) The lights and shapes required to be shown by this article are to be taken by otlier vessels as signals that the vessel showing them is not under command and can not therefore get out of the way. These signals are not signals of vessels in distress and requiring assistance. Such signals are contained in article thirty- one. LIGHTS FOR SAILING VESSELS AND VESSELS IN TOW. Art. 5. A sailing vessel under way and any vessel being towed shall carry the same lights as are prescribed by article two for a steam-vessel under way, with the excep- tion of the white lights mentioned therein, which they shall never carry. LIG-HTS FOR SMALL VESSELS. Art. 0. Whenever, as in the case of small vessels under way duiing bad weather, the green and red side-lights can not be lixed, these lights shall be kept at hand, lighted and ready for use; and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the star- board side, nor, if practicable, more than two points abaft the beam on their respective sides. To make the use of these portable lights more certain and easy the lanterns containing them shall each be ])ainted outside with the color of the light they respectively contain, and shall be provided with j)roper screens. LIGHTS FOR SMALL STEAM AND SAIL VESSELS AND OPEN BOATS. May 28, 1894. Art. 7. Stcam-vessels of less than forty, and vessels under oars or sails of less than twenty tons gross tonnage, respectively, and rowing boats, when under way, shall not be required to carry the lights mentioned in article two (a), (b), and (c), but if they do not carry them they shall be provided with the following lights: First. Steam-vessels of less than forty tons shall carry — (a) In the fore part of the vessel or on or in front of the funnel, where it can best be seen, and at a height above the gunwale of not less than nine feet, a bright white light constructed and fixed as prescribed in article two (a), and of such a character as to be visible at a distance of at least two n)iles. (b) Green and red side lights constructed and fixed as prescribed in article two (b) and (c), and of such a character as to be visible at a distance of at least one mile, or a com- bined lantern showing a green light and a led light from right ahead to two points abaft the beam on their respective sides. Such lanterns shall be carried not less than three feet below the white light. PART XXXVI. RULES TO PREVENT COLLISIONS. 311 Seeoud. Small steamboats, sinh as are carried by sea- going- vessels, jiiay carry the white li.a^ht at a less heijiht than nine feet above the gnnwale, but it shall be carried above the combined hmterii mentioned in subdivision one (b). Third. \'ossels under oars or sails ol" less than twenty tons shall liave ready at hand a lantern with a j^ieen j^lass on one side and a red owers. ] Fishing-vessels of less than twenty tons net registered tonnage, when under way and when not having tluiir nets, trawls, dredges, or lines in the water, shall not be obliged to carry the colored side lights; but every such vessel shall in lieu thereof have ready at hand a lantern with a green glass on the one side and a red glass on the other side, and 312 PART XXXVI. RULES TO PREVENT COLLISIONS. on approaching to or being approached by anotlier vessel such lantern sliall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side. LiaHTS FOR FISHING VESSELS OFF EUROPEAN COASTS. The following portion of this article applies only to fishing-vessels and boats when in the sea off the coast of Europe lying north of Cape Finisterre: (a) All fishing vessels and fishing-boats of twenty tons net registered tonnage or ui)ward, when under way and when not having their nets, trawls, dredges, or lines in the water, shall carry and show the same lights as other ves- sels under way. (b) All vessels when engaged in fishing with drift-nets shall exhibit two white lights from any part of the vessel where they can be best seen. Such lights shall be placed so that the vertical distance between them shall be not less than six feet and not more than ten ftet, and so that the horizontal distance between them, measured in a line with the keel of the vessel, shall be not less than five feet and not more than ten feet. The lower of these two lights shall be the more forward, and both of them shall be of such a char- acter and contained in lanterns of such construction as to show all round the horizon, on a dark night, with a clear atmosphere, for a distance of not less than three miles. (c) All vessels when trawling, dredging, or tishiiig with any kind of drag-nets shall exhibit, from some part of the vessel where they can be best seen, two lights. One of these lights shall be red and the other shall be white. The red light shall be above the white light, and shall be at a vertical distance from it of not less than six feet and not more than twelve feet; and the horizontal distance between them, if any, shall not be more than ten feet. These two lights shall be of such a character and contained in lanterns of such constrnction as to be visible all round the horizon, on a dark night, with a clear atmosphere, the white light to a distance of not less than three miles, and the red light of not less two miles. (d) A vessel employed in line-fishing, with her lines out, shall carry the same lights as a vessel when engaged in fishing with drift nets. (e) If a vessel, when fishing with a trawl, dredge, or any kind of drag-net, becomes stationary in consefjuence of her gear getting fast to a rock or other obstruction, she shall show the light and make the fog-signal for a vessel at anchor. (f) Fishing-vessels may at any time use a flare-up in addition to the lights which they are by this article required to carry and show. All flare-up lights exhibited by a ves- sel when trawling, dredging, or fishing with any kind of drag net shall be shown at the after-part of tlie vessel, excepting that if the vessel is hanging by the stern to her trawl, dredge, or drag-net, they shall be exhibited from the bow. PART XXXVI. RULES TO PREVENT COLLISIONS 313 (g) Every fisbing-vessel when at ancljor between suuset and snniise shall exhibit a white light, Aisiblc nil round the horizon at a distance ol' at least one mile. (h) In a fog a drift-net vessel attached to her nets, and a vessel when trawling, dredging, or (isliing with any kind of drag-net, aiul a vessel eini)loyed in line lishing with her lines ont, shall, at intervals of not more than two minutes, make a blast with her fog-horn and ring her bell alter- nately. LIGHTS FOR AN OVERTAKEN VESSEL. Art. 10. A vessel which is being overtaken by another Aug.io.isoo. shall show from her stern to such last-mentioned vessel a white light or a tlare-up light. The white light required to be shown by this article may be fixed and carried in a lantern, but in such case the lan- tern shall be so constructed, iitted, and screened that it shall throw an unbroken light over an arc of the horizon of twelve jjoints of the compass, namely, for six points from right aft on each side of the vessel, so as to be visible at a distance of at least one mile. Such light shall be car- ried as nearly as i)racticable on the same level as the side lights. anchor lights. Art. 11. A vessel under one hundred and fifty feet in length when at anchor shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a while light, in a lantern so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile. A vessel of one hundred and fifty feet or upwards in length, when at anchor, shall carry in the forward part of the vessel, at a height of not less than twenty and not exceeding forty feet above the hull, one such liglit, and at or near the stern of the vessel, and at such a lieight that it shall be not less than fifteen feet lower than the forward light, another such light. The length of a vessel shall be deemed to be the length a!)i)earing in her certificate of registry. A vessel aground in or near a fair way shall carry the above light or lights and the two red lights prescribed by article four (a). SPECIAL SIGNAL. Art. 12. Every vessel may, if necessary in order to attract attention, in addition to the lights which she is by these rules required to carry, show a flare up light or use any detonating signal that can not be mistaken for a dis- tress signal. NAVAL LIGHTS AND RECOGNITION SIGNALS. Art. 13. Nothing in these rules shall interfere with the O]>eration of any special rules made by the (ioveiiiment of any nation with respect to additional station and signal- 314 PART XXXVI. RULES TO PREVENT COLLISIONS. lights for two or more ships of war or for vessels sailing under convoy, or with the exhibition of recognition signals adopted by ship-owners, which have been authorized by their respective Governments and duly registered, and published. STEAM VESSEL UNDER SAIL BY DAT. Art. 14. A steam-vessel proceeding under sail only but having her funnel up, shall carry in day-time, forward, where it can best be seen, one black ball or shape two feet in diameter. III. — Sound Signals in Fog, etc. PRELIMINARY. June 10, 1896. Art. 15. All siguals prescribed by this article for vessels under way shall be given: First. By "steam vessels" on the whistle or siren. Second. By "sailing vessels" and "vessels towed" on the fog horn. The words "prolonged blast" used in this article shall mean a blast of from lour to six seconds duration. A steam vessel shall be provided with an efficient whistle or siren, sounded by steam or by some substitute for steam, so placed that the sound may not be intercepted by any obstruction, and with an efficient fog horn, to be sounded by mechanical means, and also with an efficient bell. (In ail cases where the rules re(iuire a bell to be used a drum may be substituted on board Turkish vessels, or a gong where such articles are used on board small seagoing ves- sels.) A sailing vessel of twenty tons gross tonnage or upwards shall be provided with a similar fog horn and bell. In fog, mist, falling snow, or heavy rainstorius, whether by day or night, the signals described in this article shall be used as follows, namely : STEAM vessel UNDER WAY. (a) A steam vessel having way upon her shall sound, at intervals of not more than two minutes, a prolonged blast. (b) A steam vessel under way, but stopped, and having no way upon her, shall sound, at intervals of not more than two minutes, two prolonged blasts, with an interval of about one second between. SAIL VESSEL UNDER WAY. (c) A sailing vessel under way shall sound, at intervals of not more than one minute, when on the starboard tack, one blast; when on the port tack, two blasts in succession, and when with the wind abaft the beam, three blasts in succession. PART XXXVI. RULES TO PREVENT COLLISIONS. 315 VESSELS AT ANCIIOll OR NOT UNDER WAV. (d) A vessel wlien at aiiclior shall, at intervals of not more than one minute, ring tiie bell rapidly for about live seconds. VESSELS TOWING OR TOWED. (e) A vessel when towing, a vessel employed in laying or in picking up a telegraph cable, and a vessel under way, wliich is unable to get ont of the way of an approaching vessel through being not under command, or unable to maneuver as required by the rules, shall, instead of the signals prescribed in subdivisions (a) and (c) of this .article, at intervals of not more than two minutes, sound three blasts in succession, namely : Ons prolonged blast followed by two short blasts. A ves.sel towed may give this signal and she shall not give any other. SMALL SAILING VESSELS AND BOATS. Sailing vessels and boats of less than twenty tons gross tonnage shall not be obliged to give the above-mentioned signals, but, if they do not, they shall make some other eflicient sound signal at intervals of not more than one minute. SPEED IN FOG. Art. 16. Every vessel shall, in a fog, mist, falling snow, auk.i9, 1899 or heavy rain-storms, go at a moderate speed, having care- ful regard for the existing circumstances and conditions. A steam vessel hearing, apparently forward of her beam, the fog-signal of a vessel the position of which is not ascertained shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over. IV. -Steering and Sailing Rules. PRELIMINAEY. Risk of collision can, when circumstances permit, be ascertained by carefully watching the com])ass bearing of an approaching vessel. If the bearing does not appre- ciably change, such risk should be deemed to exist. SAILING VESSELS. Art. 17. When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keej) out of the way of the other, as follows, namely: (a) A vessel which is running free shall keep out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close hauled on the starboard tack. 316 PART XXXVI. RULES TO PREVENT COLLISIONS. (c) When both are running free, with the wind on dif- ferent pides, the vessel which has tlie wind on the port side sliall keep out of the way of the other. (d) When both are running free, with the wind on tlie same side, the vessel which is to the windward shall keep out of the way of the vessel which is to tlie leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. STEAM VESSELS. Art. 18. When two steam-vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other. This article only applies to cases where vessels are meet- ing end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two vessels which must, if both keep on their respective courses, pass clear of each other. The only cases to which it does a])ply are when each of the two vessels is end on, or nearly end on, to the other; in other words, to cases in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own; and by night, to cases in which each vessel is in such a position as to see both the side lights of the other. Jt does not apply by day to cases in which a vessel sees another ahead crossing her own course; or by night, to cases where the red light of one vessel is opposed to the red light of the other, or where the green light of one vessel is opposed to the green light of the other, or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead. TWO STEAM-VESSELS CROSSING. Art. 19. When two steam-vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. STEAM-VESSEL SHALL KEEP OUT OF THE WAY OF SAIL- ING-VESSEL. Art. 20. When a steam-vessel and a sailing-vessel are proceeding in such directions as to involve risk of collision, the steam-vessel shall keep out of the way of the sailing- vessel. COURSE AND SPEED. May 28, 1894. ART. 21. Where, by any of these rules, one of two vessels is to keej) out of the way the other shall keep her course and speed. Note. — When, in consequence of thick weather or other causes, such vessel finds herself so close that collision can PART XXXVI. RULES TO PREVENT COLLISIONS. 317 not be avoided by the action of the giviugf-wny vessel alone, she also shall take such action as will best aid to avert col lisiou. (See articles twenty- seven and twenty-nine. j CROSSINd AHEAD. Art. 22. Every vessel which is directed by these rules auk. lu, i89o. to keep out of the way of another vessel shall, if the cirenm- stances of the case admit, avoid crossing ahead of the other. STEAM-VESSELS SHALL SLACKEN SPEED OR STOP. Art. 23. Every steam-vessel which is directed by these rules to kee]) out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse. OVERTAKING VESSELS. Art. 24. Notwithstanding anything contained in these rules every vessel, overtaking any other, shall kee}) out of the way of the overtaken vessel. Every vessel coming up with another vessel from any direction more than two points abaft her beam, that is, in such a position, with reference to the vessel which she is overtaking that at night she would be unable to see either of that vessel's side-lights, shall be deemed to be an over- taking vessel; and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. As by day the overtaking vessel can not always know with certainty whether she is forward or abaft this direc- tion from the other vessel she should, if in doubt, assume that she is an overtaking vessel and keep out of the way. NARROW CHANNELS. Art. 25. In narrow channels every steam- vessel shall, when it is safe and practicable, keep to that side of the fair- way or mid-channel which lies on the starboard side of such vessel. RIGHT OF WAY OF FISHING VESSELS. Art. 20. Sailing vessels under way shall keep out of the way of sailing vessels or boats fishing with nets, or lines, or trawls. This rule shall not give to any vessel or boat engaged in fishing the right of obstructing a fair- way used by vessels other than fishing vessels or boats. GENERAL PRUDENTIAL RULE. Art. 27. In obeying and construing these rules due regard shall be had to all dangers of navigation and col- lision, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. 318 PART XXXVI. RULES TO PREVENT COLLISIONS. SOUND SIGNALS FOR PASSING STEAMERS. Art. 28. The words "short blast" used in this article shall mean a blast of about one second's duration. When vessels are in sight of one another, a steam-vessel under way, in taking any course authorized or required by these rules, shall indicate that course by the following sig- nals on her whistle or siren, namely: One short blast to mean, '•! am directing my course to starboard." Two short blasts to mean, "I am directing my course to port." Three short blasts to mean, "My engines are going at full speed astern." PRECAUTION. Art. 29. Nothing in these rules shall exonerate any ves- sel or the owner or master or crew thereof, from the con- seciuences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution whicli may be required by the ordinary practice of seamen, or by the special circumstances of the case. Art. 30. Nothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland waters. DISTRESS SIGNALS. May 28, 1894. Art. 31. Wlieu a vcsscl is in distress and requires assist- ance from other vessels or from the shore the following shall be the signals to be used or displayed by her, either together or separately, namely: In the daytime — First. A gun or other explosive signal fired at intervals of about a minute. Second. The international code signal of distress indi- cated by N G. Third. The distance signal, consisting of a square flag, having either above or below it a ball or anything resem- bling a ball. Fourth. A continuous sounding with any fog-signal apparatus. At night — First. A gun or other explosive signal fired at intervals of about a minute. Second. Flames on the vessel (as from a burning tar barrel, oil barrel, and so forth). Third. Rockets or shells throwing stars of any color or description, fired one at a time, at short intervals. Fourth. A continuous sounding with any fog signal apparatus. 347. Consideration of future rules. Feb. 5, 1896. The Secretary of State is hereby authorized to recon- sec.i. veue the delegates of the United States to the Washington International Marine Conference of eighteen hundred and PART XXXVI. RULES TO PRKVKNT COLLISIONS. 310 eig^bty-nine, whenever in liis judgment it is expedient, lor the further consideration of rules to prevent collisions at sea and in the waters of the United States. 348. Inland rules of 1897. The following regulations for preventing collisiou shall be -lum- 7, isot. followed by all vessels navigating all harbors, rivers, and inland waters of the United States, excej)t the ( Jreat Lakes and their connecting and tributary waters as far east as Montreal and the lied liivcr of the North and rivers cnipty- ing into the (Julf of Mexico and their tributaries, and are hereby declared special rules duly made by local authority. Every jjilot, engineer, mate, or master of any steam- sec. 3. vessel, and every master or mate of any barge or canal- boat, who neglects or refuses to observe the provisions of this Act, or the regulations established in pursuance of the preceding section [see section 2, ])age .'Wl], shall be liable to a penalty of fifty dollars, and for all damages sustained by any passenger in his person or baggage by such neglect or refusal: Prorided, That nothing herein sliall relieve any vessel, owner or corporation from any liability incurred by reason of such neglect or refusal. Every vessel that shall be navigated without complying sec. 4. with the provisions of this Act shall be liable to a penalty of two hundred dollars, one half to go to the informer, for which sum the vessel so navigated shall be liable and may be seized and i)roceeded against by action in any dis- trict court of the United States having jurisdiction of the offense. PRELIMINARY DEFINITIONS. In the following rules every steam vessel which is under Jiinc7,i897. sail and not under steam is to be consideied a sailing vessel, and every vessel under steam, Avhether under sail or not, is to be considered a steam vessel. The word "steam- vessel" shall include any vessel pro- pelled by machinery. A vessel is "under way," within the meaning of these rules, when she is not at anchor, or made fast to the shore, or aground. II. — Lights and so forth. The word "visible" in these rules, when applied to lights, shall mean visil)le on a dark night with a clear atmosphere. Article 1. The rules concerning lights shall be (■()ni])lied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited. STEAM VESSELS— MASTHEAD LIGHT. Art. 2. A steam-vessel when under way shall carry — (a) On or in front of the foremast, or, if a vessel without a foremast, then in the fore part of (he vessel, a bright white light so constructed as to show an unbroken light over an 320 PART XXXYT. RULES TO PREVENT COLLISIONS. arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such a character as to be visible at a distance of at least five miles. STEAM VESSELS — SIDE LIGHTS. (b) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the comj)ass, so fixed as to throw the light from right ahead to two i)oints abaft the beam on the star- board side, and of such a character as to be visible at a distance of at least two miles. (c) On the ])ort side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the comi)ass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles. (d) The said green and red side-lights shall be fitted with inboard screens ])rojecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. STEAM VESSELS — RANGE LIGHTS. (e) A sea-going steam -vessel when under way may carry an additional white light similar in construction to the light mentioned in subdivision (a). These two liglits shall be so placed in line with tlie keel that one sliall be at least fifteen feet higher than ihe other, and in such a position with reference to each other that tlie lower light shall be forward of the upper one. The vertical distance between these lights shall be less tlian the horizontal distance. (f ) All steam-vessels (except sea going vessels and ferry- boats), shall carry in addition to green and red lights re- quired by article two (b), (c), and screens as required by article two (d), a central range of two white lights; the afterlight being carried at an elevation at least fifteen feet above the light at the head of the vessel. The head-light shall be so constructed as to show an unbroken liglit through twenty ])oiuts of the compass, namely, from right ahead to two points abaft the beam on either side of the vessel, and the after-light so as to show all around the horizon. STEAM- VESSELS WHEN TOWING. Art. 3. A steam- vessel when towing another vessel shall, in addition to her side-lights, carry two bright white lights in a vertical line one over the other, not less than three feet apart, and when towing more tlian one vessel shall carry an additiouiil bright white light three feet above or below such lights, if the length of the tow measuring from the stern of the towing vessel to the stern of the last vessel towed exceeds six hundred feet. Each of these lights shall be of the same construction and character, and PART XXXVI. — RULES TO PREVENT COLLISIONS. 321 sball be ciinied in the same position as tlie white light mentioned in article two (a) or the after range light men- tioned in article two (f ). Such steam-vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam. LIGHTS FOR SAILING VESSELS AND VESSELS IN TOW. Art. 5. A sailing-vessel under way or being towed shall carry the same liglits as are prescribed by article two for a steam-vessel under way, with the exception of the white lights mentioned therein, which they shall never carry. LIGHTS FOR FERRY-BOATS, BARGES, AND CANAL-BOATS IN TOW. The supervising inspectors of steam-vessels and the sec.2. Supervising Inspector-General shall establish such rules to be observed by steam vessels in passing each other and as to the lights to be carried by ferry-boats and by barges and canal-boats when in tow of steam-vessels, not inconsistent with the provisions of this Act, as they from time to time may deem necessary for safety, which rules when approved by the Secretary of the Treasury, are hereby declared special rules duly made by local authority, as provided for in article thirty of chapter eight hundred and two of the laws of eighteen hundred and ninety. Two printed copies of such rules shall be furnished to such ferry-boats and steam-vessels, which rules shall be kept posted up in conspicuous places in such vessels. LIGHTS FOR SMALL VESSELS. Art. G. Whenever, as in the case of vessels of less than ten gross tons under way during bad Aveather, the green and red side-lights can not be fixed, these lights shall be kept at hand, lighted and ready for use; and shall, on the approach of or to other vessels, be exhibited on their respective sides m sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides. To make the use of these portable lights more certain and easy the lanterns containing them shall each be painted outside with the color of the. light they respectively con- tain, and shall be provided with proper screens. Art. 7. Kowing boats, whether under oars or sail, shall have ready at hand a lantern showing a white light which shall be temporarily exhibited in sufficient time to prevent collision. LIGHTS FOR PILOT VESSELS. Art. 8. Pilot- vessels when engaged on their stations on pilotage duty shall not show the lights required for other NAV 99, PT 2 21 322 PART XXXVI. RULES TO PREVENT COLLISIONS. vessels, but shall carry a white light at the masthead, visible all around the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never exceed fifteen minutes. On the near approach of or to other vessels they shall have their side-lights lighted, ready for use, and shall flash or show them at short intervals, to indicate the direction in which they are heading, but the green light shall not be shown on the port side nor the red light on the starboard side. A pilot- vessel of such a class as to be obliged to go alongside of a vessel to put a pilot on board may show the white light instead of carrying it at the masthead, and may, instead of the colored lights above mentioned, have at hand, ready for use, a lantern with a green glass on the one side and a red glass on the other, to be used as pre- scribed above. Pilot-vessels, when not engaged on th-eir station on pilot- age duty, shall carry lights similar to those of other vessels of their tonnage. LIGHTS, ETC., OF FISHING VESSELS. Art. 9. (a) Fishing-vessels of less than ten gross tons, when under way and when not having their nets, trawls, dredges, or lines in the water, shall not be obliged to carry the colored side-lights; but every such vessel shall, in lieu thereof, have ready at hand a lantern with a green glass on one side and a red glass on the other side, and on approach- ing to or being approached by another vessel such lantern shall be exhibited in sufflcient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side. (b) All fishing- vessels and fishing-boats of ten gross tons or upward, when under way and when not having their nets, trawls, dredges, or lines in the water, shall carry and show the same lights as other vessels under way (c) All vessels, when trawling, dredging, or fishing with any kind of drag-nets or lines, shall exhibit, from some part of the vessel where they can be best seen, two lights. One of these lights shall be red and the other shall be white. The red light shall be above the white light, and shall be at a vertical distance from it of not less than six feet and not more than twelve feet ; and the horizontal distance between them, if any, shall not be more than ten feet. These two lights shall be of such a character and contained in lanterns of such construction as to be visible all round the horizon, the white light a distance of not less than three miles and the red light of not less two miles. LIGHTS FOR EAFTS, OR OTHER CRAFT, NOT PROVIDED FOR. (d) Eafts, or other water craft not herein provided for, navigating by hand power, horse power, or by the current of the river, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the Board of (Supervising Inspectors of Steam Vessels. PART XXXVI. — RULES TO PREVENT COLLISIONS. 323 LIGHTS FOR AN OVERTAKEN VESSEL. Art. 10. A vessel wliich is beiug overtaken by another, except a steam-vessel with nn after range-lijiht sliowiiiuall around the horizon, shall throw from her stern to such last- mentioned vessel a white light or a tlare-up light. ANCHOR LIGHTS. Art. 11. A vessel under one, hundred and fifty feet in lejigth, when at anchor, shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a lantern so constructed as to show a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile. A vessel of one huiulred and fifty feet or upwards in length when at anchor shall carry in the forward part of the vessel, at a height of not less than twenty and not exceed- ing forty feet above the hull, one such light, and at or near the stern of the vessel, and at such a height that it shall be not less than fifteen feet lower than the forward light, another such light. The length of a vessel shall be deemed to be the length appearing in her certificate of registry. SPECIAL SIGNALS. Art. 12. Every vessel may, if necessary, in order to attract attention, in addition to the lights which she is by these rules required to carry, show a fiare-up light or use any detonating signal that cannot be mistaken for a distress signal. NAVAL LIGHTS AND RECOGNITION SIGNALS. Art. 13. I^othing in these rules shall interfere with the operation of any specal rules made by the Government of any nation with respect to additional station and signal lights for two or more ships of war or for vessels sailing under convoy, or Avith the exhibition of recognition sig- nals adopted by shipowners, which have been authorized by their respective Grovernments, and duly registered and published. STEAM VESSEL UNDER SAIL BY DAY. Art. 14. A steam-vessel proceeding under sail only, but having her funnel up, may carry in daytime, forward, where it can best be seen, one black ball or shape two feet in diameter. III. — Sound Signals in Fog, etc. PRELIMINARY. Art. 15. All signals prescribed by this article for vessels under way shall be given : 1. By " steam- vessels " on the whistle or siren. 324 PART XXXYI. RULES TO PREVENT COLLISIONS. 2. By " sailing-vessels " and " vessels towed " on the fog horn. The words '' prolonged blast " used in this article shall mean a blast of from four to six seconds duration. A steam- vessel shall be provided with an etticient whistle or siren, sounded by steam or by some substitute for steam, so placed that the sound may not be intercepted by any obstruction, and with an efficient fog horn ; also with an efficient bell. A sailing-vessel of twenty tons gross ton- nage or upward shall be provided with a similar fog horn and bell. In fog, mist, falling snow, or heavy rainstorms, whether by day or night, the signals described in this article shall be used as follows, namely : STEAM VESSEL UNDER TVAY. (a) A steam- vessel under way shall sound, at intervals of not more than one minute, a x)rolonged blast. SAIL VESSEL UNDER WAY. (c) A sailing vessel under way shall sound, at intervals of not more than one miuute, when on the starboard tack, one blast; when on the port tack, two blasts in succession, and when with the wind abaft the beam, three blasts in succession. VESSELS AT ANCHOR OR NOT UNDER WAY. (d) A vessel when at anchor shall, at intervals, of not more than one minute, ring the bell rapidly for about five seconds. VESSELS TOWING OR TOWED. (e) A steam-vessel when towing, shall, instead of the sig- nals prescribed in subdivision (a) of this article, at intervals of not more than one minute, sound three blasts in succes- sion, namely, one prolonged blast followed by two short blasts. A vessel towed may give this signal and she shall not give any other. RAFTS, OR OTHER CRAFT NOT PROVIDED FOR. (f ) All rafts or other water craft, not herein provided for, navigating by hand power, horse power, or by the cur- rent of the river, shall sound a blast of the fog-horn, or equivalent signal, at intervals of not more than one minute. SPEED IN FOG. Art. IC. Every vessel shall, in a fog, mist, falling snow, or heavy rainstorms, go at a moderate speed, having care- ful regard to the existing circumstances and conditions. A steam-vessel hearing, appareiitly forward of her beam, the fog-signal of a vessel the ijosition of which is not ascer- PART XXXYI. — RULES TO PREVENT COLLISIONS. 325 tained shall, so far as tlic circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over. IV.— Steekino and Sailing Rules. PRELIMINARY. Risk of collision can, when (drcumstances permit, bo ascertained by carefully watching the compass bearing of an approaching vessel. If the bearing does not apprecia- bly change, such risk should be deemed to exist. SAILING VESSELS. Art. 17. When two sailing-vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows, namely: (a) A vessel which is running free shall keep out of the way of a vessel which is close-hauled. (b) A vessel which is close-hauled on the port tack shall keep out of the way of a vessel which is close-hauled on the starboard tack. (c) When both are running free, with the wind on differ- ent sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When both are running free, with the wind on the same side, the vessel which is to the windward shall keep out of the way of the vessel which is to the leeward. (e) A vessel which has the wind aft shall keep out of the way of the other vessel. STEAM VESSELS. Art. 18. Rule I. When steam-vesssls are approaching each other head and head, that is, end on, or nearly so, it shall be the duty of each to pass on the port side of the other; and either vessel shall give, as a signal of her inten- tion, one short and distinct blast of her whistle, Avhich the other vessel shall answer promi)tly by a similar blast of her whistle, and thereupon such vessels shall pass on the port side of each other. But if the courses of such vessels are so far on the starboard of each other as not to be con- sidered as meeting head and head, either vessel shall im- mediately give two short and distinct blasts of her whistle, which the other vessel shall answer promptly bj^ two simi- lar blasts of her whistle, and they shall pass on the star- board side of each other. The foregoing only applies to cases where vessels are meeting end on or nearly end on, in such a manner as to involve risk of collision; in other words, to cases in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own, and by night to cases in which each vessel is in such a position as to see both the sidelights of the other. It does not api>ly by day to cases in which a vessel sees another ahead crossing her own course, or by night to cases 326 PART XXXVI. RULES TO PREVENT COLLISIONS. where the red light of one vessel is opi)Osed to the red light of the other, or where the green light of one vessel is opposed to the green light of the other, or where a red liglit without a green liglit or a green light without a red light, is seen ahead, or wliere both green and red lights are seen anywhere but ahead. EuLE III. If, when steam-vessels are approaching each other, either vessel fails to understand the course or inten- tion of the other, from any cause, the vessel so in doubt shall immediately signify the same by giving several short and rapid blasts, not less than four, of the steam- whistle. EuLE V. Whenever a steam- vessel is nearing a short bend or curve in the channel, where, from the height of the banks or other cause, a steam -vessel approaching from the opposite direction can not be seen for a distance of half a mile, such steam- vessel, when she shall have arrived within half a mile of such curve or bend, shall give a signal by one long blast of the steam whistle, which signal shall be answered by a similar blast, given by any approaching steam-vessel that may be within hearing. Should such signal be so answered by a steam-vessel upon the farther side of such bend, then the usual signals for meeting and passing shall immediately be given and answered; but, if the first alarm signal of such vessel be not answered, she is to consider the channel clear and govern herself accord- ingly. When steam-vessels are moved from their docks or berths, and other boats are liable to pass from any direc tion toward them, they shall give the same signal as in the case of vessels meeting at a bend, but immediately after clearing the berths so as to be fully in sight they shall be governed by the steering and sailing rules. KuLE YIII. When steam-vessels are running in the same direction, and the vessel which is astern shall desire to pass on the right or starboard hand of the vessel ahead, she shall give one short blast of the steam-whistle, as a signal of such desire, and if the vessel ahead answers with one blast, she shall put her helm to port; or if she shall desire to pass on the left or port side of the vessel ahead, she shall give two short blasts of tlie steam- whistle as a signal of such desire, and if the vessel ahead answers with two blasts, shall put her helm to starboard ; or if the vessel ahead does not think it safe for the vessel astern to attempt to pass at that point, she shall immediately signify the same by giving several short and rapid blasts of the steam- whistle, not less than four, and under no circumstances shall the vessel astern attempt to pass the vessel ahead until such time as they have reached a point where it can be safely done, when said vessel aliead shall signify her willingness by blowing the proper signals. The vessel ahead sh; 11 in no case attempt to cross the bow or crowd upon the course of the i)assing vessel. EuLB IX. The whistle signals provided in the rules under this article, for steam-vessels meeting, passing, or overtaking, are never to be used except when steamers are in sight of each other, and the course and position of each PART XXXVI. RULES TO PREVENT COLLISIONS. 327 can be determined in the daytime by a sight of the vessel itself, or by night by seeing its signal lights. In fog, mist, falling snoV or heavy rainstorms, when vessels can not see each other, fog-signals only musfc be given. SUPPLEMENTARY REGULATIONS. The supervising inspectors of steam- vessels and the sec.2. Supervising Inspector-(ieneral shall establish such rules to bo observed by steam-vessels in passing each other and as to the lights to bo carried by ferry-boats and by barges and canal-boats when in tow of steam- vessels, not. incon- sistent with the provisions of this act, as they from time to time may deem necessary for safety, which rules when api)roved by the Secretary of the Treasury, are hereby declared special rules duly made by local authority, as i)ro- vided for in article thirty of chapter eight hundred and two of the laws of eighteen hundred and ninety. Two jirinted copies of such rules shall be furnished to such ferry- boats and steam-vessels, which rules shall be kept posted up in conspicuous places in such vessels. TWO STEAM- VESSELS CROSSINa. Art. 19. When two steam vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. STEAM- VESSEL SHALL KEEP OUT OF THE WAY OF SAILING-VESSEL. Art. 20. When a steam- vessel and sailing vessel are proceeding in such directions as to involve risk of collision, the steam-vessel shall keep out of the way of the sailing- vessel. COURSE AND SPEED. Art. 21. Where, by any of these rules, one of the two vessels is to keep out of the way, the other shall keep her course and speed. [See articles 27 and 29.J CROSSING AHEAD. Art. 22. Every vessel which is directed by these rules to keep out of the way of another vessel shall, if the cir- cumstances of the case admit, avoid crossing ahead of the other. STEAM- VESSELS SHALL SLACKEN SPKED OR STOP. Art. 23. Every steam-vessel which is directed by these rules to kee]) out of the way of another vessel shall, on ap- proaching her, if necessary, slacken her speed or stop or reverse. 328 PART XXXVI. — RULES TO PREVENT COLLISIONS. OVERTAKING VESSELS. Art. 24. Notwithstanding anything contained in these rules every vessel, overtaking any other, shall keep out of the way of the overtaken vessel. Every vessel coming up with another vessel from any direction more than two points abaft her beam, that is, in such a position, with reference to the vessel which she is overtaking that at night slie Avould be unable to see either of that vessel's side-lights, shall be deemed to be an over- taking vessel; and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. As by day the overtaking vessel can not always know with certainty whether she is forward of or abaft this direc- tion from the other vessel she should, if in doubt, assume that she is an overtaking vessel and keej) out of the way. NARROW CHANNELS. Art. 25. In narrow channels every steam-vessel shall, when it is safe and practicable, keep to that side of the fair- way or mid-channel which lies on the starboard side of such vessel. RIGHTS OF WAY OF FISHING VESSELS. Art. 26. Sailing-vessels under way shall keep out of the way of sailing-vessels or boats fishing with nets, or lines or trawls. This rule shall not give to any vessel or boat engaged in fishing the right of obstructing a fair- way used by vessels other than fishing-vessels or boats. GENERAL PRUDENTIAL RULE. Art. 27. In obeying and construing these rules due regard shall be had to all dangers of navigation and colli- sion, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. SOUND SIGNALS FOR PASSING STEAMERS (See Art. 18.) Art. 28. When vessels are in sight of one another a steam-vessel under way whose engines are going at full speed astern shall indicate that fact by three short blasts on the M histle. PRECAUTION. Art. 29. Nothing in these rules shall exonerate any ves- sel, or the owner or master or crew thereof, from the con- sequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of PART XXXVI. — RULES TO PREVENT COLLISIONS. 329 any precaution which may be retiuiicd by the ordinary l)ractice of seamen, or by the special circumstances of the case. LIGHTS ON UNITED STATES NAVAL VESSELS AND REVE- NUE CUTTERS. Art. 30. The exhibition of any light on board of a vessel of war of the United States or a revenne cntter may be suspended whenever, in the opinion of the Secretary of the Navy, the commander in chief of a ^(inadron, or the com- mander of a vessel acting singly, the special character of the service may require it. DISTRESS SIGNALS. Art. 31. When a vessel is in distress and requires assist- ance from other vessels or from the shore the following shall be the signals to bo used or displayed by her, either together or separately, namely : IN THE DAYTIME. A continuous sounding with any fog-signal apparatus, or firing a gun. AT NIGHT. First. Flames on the vessel as from a burning tar barrel, oil barrel, and so forth. Second. A continuous sounding with any fog-signal apparatus, or firing a gun. 349. Limits of application of international and inland or local rules. The Secretary of the Treasury is hereby authorized, Feb.i9,i895. empowered and directed from time to time to designate and ^^'^•^■ define by suitable bearings or ranges with light houses, light vessels, buoys or coast objects, the lines dividing the high seas from rivers, harbors and inland waters. The words "inland waters" used in this Act shall not be held to include the Great Lakes and their connecting and tribu- tary waters as far east as Montreal ; LINES ESTABLISHING HARBORS, RIVERS, AND. INLAND WATERS OF THE UNITED STATES, WITHIN WHICH THE INLAND RULES ARE TO APPLY. [Bearings are magnetic and given approximately.] New York Harbor: From Navesink (southerly) light- house NE. I E., easterly, to Scotland light- vessel; thence NNE. ^ E. through Gedney Channel Whistling Buoy to Rockaway Point Life-Saving Station. Baltimore Harbor and Chesapeake Bay: From Cape Henry light house NE. by 10. '\ E., easterly, to Outer En- trance Whistling Buoy; thence N. by E. y E. to Cape Charles light-house. 330 PART XXXVI. RULES TO PREVENT COLLISIONS. Galveston Harbor : From Galveston Bar Whistling Buoy N. by W. 3 W. through the beacon marking the outer ex- tremity of the N. jetty, and SVV. by VV. .} W., westerly, through !North Breaker Beacon. Boston Harbor: From Point Allerton XXE. I E., east- erly, through Point Allerton Beacon to Northeast Grave Whistling Buoy; thence NNE. ^ E. to Outer Breaker (Great Pig Rocks) Bell Buoy; thence NE. by E. | E. to Halfway liock Beacon; thence KE. by E. ^ E. to Eastern Point light-house. San Francisco Harbor : From Point Bonita light-house SE. 1 S. to Point Lobos. Philadelphia Harbor and Delaware Bay: From Cape Henlopen light-liouse NE. by E. to South Shoal Whistling Buoy; tbence NNE. ^ E. to Cape May light house. Charleston Harbor: From Charleston light- vessel NW. ^ W. (toward Sullivans Island Eange Bear Light) to the North Jetty, and from Charleston light-vessel S W. i W. to Charleston Whistling Buoy; thence SW. ^ W. to Charles- ton Main Channel Entrance Bell Buoy; thence W. to Folly Island. Savannah Harbor and Calibogue Sound: From Tybee Whistling Buoy NN W. H W. through North Slue Channel Outer Buoy to Braddock Point, Hilton Head Island, and from Tybee Whistling Buoy W. to Tybee Island. St. Simon Sound (Brunswick Harbor) and St. Andrew Sound: From hotel on beach of St. Simon Island || mile NE. by E. 4 E. from St. Simon light-house, SE. § E. to St. Simon Sea Buoy; thence S. ^ E. to St. Andrew's Sound Sea Buoy; thence W. to the shore of Little Cumberland Island. Pensacola Harbor: From Pensacola Entrance Whistling Buoy N. I W., a tangent to the E. side of Fort Pickens, to the shore of Santa Rose Island, and from the Whistling Buoy NW. 1% \v. to Fort McRee Range Front Light. Mobile Harbor and Bay: From Mobile Bay Outer or Deep Sea Whistling Buoy (or its watch buoy in summer) NE. by N. to the shore of Mobile Point, and from the Whist- ling Buoy NW. by W. to the shore of Dauphin Island, New Orleans Harboi and the Delta of the Mississippi: From South Pass East Jetty lighthouse N. by E. ^^ E. to Pass a Loutre light-house; thence N. to Errol Island and from Soutli Pass East Jetty light-house W. I S. to South- west Pass light house; thence N. to shore. San Diego Harbor : From Point Loma light-house S. ^ E. to San Diego Bay Outside Bar Whistling Buoy; thence NNE. I E. to tower of Coronado Hotel. Columbia River Entrance: From Cape Disappointment light house SE. ^ E. to Point Adams lighthouse. Cutler (Little River) Harbor, Me. : A line drawn from Long Point SW. by W. f W. to Little River Head. Little Machias Bay, Machias Bay, Englishman Bay, Chandler Bay, Moosabec Reach, Pleasant Bay, Narragua- gus Bay, and Pigeon H;ll Bay, Me. : Aline drawn from Little River Head WSW. -\ W. to the outer side of Old Man; thence WSW. f W. to the outer side of Double Shot PART XXXVI. RULES TO PREVENT COLLISIONS. 331 Islands; thence W. f S. to Libby Islands lighthouse; thence WSW. \ W. to Moose Peak lighthouse; thence WSW. 4- W. to Little Pond Head; from Pond Point, (Jreat Wass Island, \V. by S. to outer side of Crumple Island; thence W. jl S. to Petit 3Ianan light house. All harbors on the coasts of ]Maine, JSfew Hampshire, and Massaclmsetts between l*etit ]\Ianan lighthouse, Me., and Cape Ann light-houses, Mass. : A line drawn from Petit Manan liglit-house SW. '^ S., 26.\ miles, to Mount Desert light-house; thence W. '^ S., o3.) miles, to Matiuicus Kock light-houses; thence WXW. J W., 20 miles, to Monhegan Island light house; thence W., 21 miles, to Seguin Island Whistling Pnoy; thence W. ^ S., 10 miles, to Old Anthony Whistling P>uoy, off Cape Elizabeth ; tlience S W., 28 miles, to Boon Island lighthouse; thence SW. -J W., 12 miles, to Anderson Ledge Spindle, off Isles of Shoals light-house; thence S. by vv". ^ W., lOi miles, to Cape Ann light-houses, Massachusetts. (Lines heretofore established for Portland Harbor, and Kittery Harbor, Me., Portsmouth Harbor, New Hampshire, Newburyport, Ipswich and Aunisquam har- bors, Massachusetts, are hereby canceled.) All harbors in Cape Cod Bay, Mass. : A line drawn from Plymouth (Gurnet) light-houses E., IG;^ miles, to Race Point light- house. Nantucket Sound, Vineyard Sound, Buzzards Bay, Nar- ragansett Bay, Block Island Sound, and easterly entrance to Long Island Sound: A line drawn from Chatham light- houses, ]\fass., S. by E. § E., about 6 miles, to Northeast Slue ChannelWhistling Buoy (Pollock Rip); thence S. by W. I W., about 11 miles, to Great Round Shoal light vessel; thence SSW. f W., 7-i miles, to Sankaty Head light- house; from the westerly end of Tuckernuck Island NW. by W. ^ W., about 5i miles, to Wasque Point, Chappaquiddick Island ; from Gay Head light-house W. ^ s.^ 35 miles, to Block Island (SE.) light house; thence W. ^ S., 15 miles, to Montauk Point light-house, on the easterly end of Long- Island, New York. St. Johns River, Florida: A straight line from the outer end of the northerly jetty to the outer end of the southerly 350. Ru/es for the Creat Lakes and the St. Lawrence River as tar east as Montreal. The following rules for preventing collisions shall be f.i«.8,i895. followed in the navigation of all i)ublic and private vessels of the United States u])on the Great Lakes and their con- necting and tributarj^ waters as far east as Montreal. Steam and Sail Vessels. Rule 1. Every steam vessel which is under sail and not under steam, shall be considered a sail vessel; and every steam vessel which is under steam, whether under sail or not, shall be considered a steam vessel. The word steam vessel shall include any vessel propelled by machinery. 332 PART XXXVI. — RULES TO PREVENT COLLISIONS. A vessel is under way witliiu the meaning of these rules when she is not at anchor or made fast to the shore or aground. LIGHTS. Rule 2. The lights mentioned in the following rules and no others shall be carried in all weathers from sunset to sun- rise. The word visible iu these rules when applied to lights shall mean visible on a dark night with a clear atmosphere. Rule 3. Except in the cases hereinafter expressly pro- vided for, a steam vessel when under way shall carry: (a) On or in front of the foremast, or if a vessel without a foremast, then in the forepart of the vessel, at a height above the hull of not less than twenty feet, and if the beam of the vessel exceeds twenty feet, then at a height above the hull not less than such beam, so, however, that such height need not exceed forty feet, a bright white light so constructed as to show an unbroken light over an arc of the horizon of twenty points of the comi)ass, so fixed as to throw the light ten j)oiuts on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such character as to be visible at a dis- tance of at least five miles. (b) On the starboard side, a green light, so constructed as to throw an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the star- board side, and of such a character as to be visible at a distance of at least two miles. (c) On the port side, a red light, so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles. (d) The said green and red lights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. (e) A steamer of over one hundred and fifty feet register length shall also carry when underway an additional bright light similar in construction to that mentioned in subdivi- sion (a), so fixed as to throw the light all around the hori- zon and of such character as to be visible at a distance of at least three miles. Such additional light shall be placed in line with the keel at least fifteen feet higher from the deck and more than seventy-five feet abaft the light men- tioned in subdivision (a). VESSELS TOWING. Rule 4. A steam vessel having a tow other than a raft shall in addition to the forward bright light mentioned in subdivision (a) of rule three carry in a vertical line not less than six feet above or below that light a second bright light of the same construction and character and fixed and car- PART XXXVI. RULES TO PREVENT COLLISIONS. 333 ried in the same manner as the forward bright light men- tioned in said snbdivision (a) of rule three. Such steamer shall also carry a small bright light abaft the funnel or aftermast for the tow to steer by, but such light shall not be visible forward of the beam. Rule 5. A steam vessel having a raft in tow shall, in- stead of the forward lights mentioned in rule four, carry on or in front of the foremast, or if a vessel without a fore- mast then in the fore part of the vessel, at a height above the hull of not less than twenty feet, and if the beam of the vessel exceeds twenty feet, then at a height above the hull not less than such beam, so however that such height need not exceed forty feet, two bright lights in a horizontal line athwartships and not less than eight feet apart, each so fixed as to throw the light all around the horizon and of such character as to be visible at a distance of at least five miles. Such steamer shall also carry the small bright steering light aft, of the character and fixed as required in rule four. Rule 0. A sailing vessel under way and any vessel being towed shall carry the side lights mentioned in rule three. A vessel in tow shall also carry a small bright light aft, but such light shall not be visible forward of the beam. Rule 7. The lights for tugs under thirty tons register whose principal business is harbor towing, and for boats navigating only on the River Saint Lawrence, also ferry- boats, rafts, and canal boats, shall be regulated by rules which have been or may hereafter be i)rescribed by the Board of Supervising Inspectors of Steam Vessels. Rule 8. Whenever, as in the case of small vessels under way during bad weather, the green and red side lights can not be fixed, these lights shall be kept at hand lighted and ready for use, and shall, on the approach of or to other ves- sels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides. To make the use of these portable lights more certain and easy, they shall each be i)ainted outside with the color of the light they respectively contain, and shall be provided with suitable screens. Rule 9. A vessel under one hundred and fifty feet reg- ister length, when at anchor, shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a lantern constructed so as to show a clear, uniform, and unbroken light, visible all around the horizon, at a distance of at least one mile. A vessel of one hundred and fifty feet or upward in reg- ister length, wlien at anchor, shall carry in the forward part of the vessel, at a height of not less than twenty and not exceeding forty feet above the hull, one such light, and at or near the stern of the vessel, and at such a height that It shall be not less than fifteen feet lower than the forward light, another such light. Rule 10. Produce boats, canal boats, fishing boats, rafts, 334 PART XXXVI. RULES TO PREVENT COLLISIONS. or other water craft navigatiug any bay, harbor, or river by hand power, horse power, sail, or by the current of the river, or which sliall be anchored or moored in or near the channel or fairway of any bay, harbor, or river, and not otherwise provided for in these rules, shall carry one or more good white lights, which shall be i)laced in such man- ner as shall be prescribed by the Board of Supervising Inspectors of Steam Vessels. KuLE 11. Open boats shall not be obliged to carry the side lights required for other vessels, but shall, if they do not carry such lights, carry a lantern having a green slide on one side and a red slide on the other side; and on the api)roach of or to other vessels, such lantern shall be exhib- ited in sufficient time to prevent collision, and in such a manner that the green light shall not be seen on the port side, nor the red light on the starboard side. Open boats, when at anchor or stationary, shall exhibit a bright white light. They shall not, however, be prevented from using a llare-up in addition if considered expedient. EuLE 12. Sailing vessels shall at all times, on the approach of any steamer during the night-time, show a lighted torch upon that point or quarter to which such steamer shall be approaching. EuLE 13. The exhibition of any light on board of a vessel of war or revenue cutter of the United States may be sus- pended whenever, in the opinion of the Secretary of the ISTavy, the commander in chief of a squadron, or the com- mander of a vessel acting singly, the special character of the service may require it. FOG SIGNALS. EuLE 14. A steam vessel shall be provided with an effi- cient whistle, sounded by steam or by some substitute for steam, placed before the funnel not less than eight feet from the deck, or in such other place as the local inspectors of steam vessels shall determine, and of such character as to be heard in ordinary weather at a distance of at least two miles, and with an efficient bell, and it is hereby made the duty of the United States local inspectors of steam vessels when inspecting the same to require each steamer to be furnished with such whistle and bell. A sailing ves- sel shall be provided with an efficient fog horn and with an efficient bell. Whenever there is thick weather by reason of fog, mist, falling snow, heavy rainstorms, or other causes, whether by day or by night, fog signals shall be used as follows: (a) A steam vessel under way, excepting only a steam vessel with raft in tow, shall sound at intervals of not more than one minute three distinct blasts of her whistle. (b) Every vessel in tow of another vessel shall, at inter- vals of one minute, sound four bells on a good and efficient and properly lilaced bell as follows: By striking the bell twice in quick succession, followed by a little longer inter- val, and then again striking twice in quick succession (in the manner in which four bells is struck in indicating time). PART XXXVI. — RULES TO PREVENT COLLISIONS. 335 (c) A steamer with a raft in tow shall sound at intervals of not more than one minnte a screeching or ^Nlodoc whistle for from three to five seconds. (d) A sailing" vessel under way and not in tow shall sound at intervals of not more than one minute — If on the starboard tack with wind forward ot abeam, one blast of her fog horn; If on the port tack with wind forward of tlie beam, two blasts of her fog horn; If she has the wind abaft the beam on either side, tliree blasts of her tog horn. (e) Any vessel at anchor and any vessel aground in or near a channel or fairway shall at intervals of not more than two minutes ring the bell rapidly for three to five seconds. (f) Vessels of less than ten tons registered tonnage, not being steam vessels, shall not be obliged to give the above- mentioned signals, but if they do not they shall make some other efficient sound signal at intervals of not more than one minute. (g) Produce boats, fishing boats, rafts, or other water craft navigating by hand power or by the current of the river, or anchored or moored in or near the channel or fair- way and not in any port, and not otherwise provided tor in the^e rules, shall sound a fog horn, or equivalent signal, at intervals of not more than one minute. Rule 15. Every vessel shall, in thick weather, by reason of fog, mist, falling snow, heavy rain storms, or other causes, go at moderate si)eed. A steam vessel hearing, apparently not more than four points from right ahead, the fog sigiuil of another vessel shall at once reduce her speed to bare steerageway, and navigate with caution until the vessels shall have passed each other. Steering and Sailing Rules. sailing vessels. Rule 16. When two sailing vessels are approaching one another so as to involve risk of collision one of them shall keep out of the way of the other, as follows, namely: (a) A vessel which Is running free shall keep out of the way of a vessel which is closehauled. (b) A vessel which is closehauled on the port tack shall keep out of the way of a vessel which is closehauled on the starboard tack. (c) When both are running free, with the wind on differ- ent sides, the vessel which has the wind on the port side shall keep out of the way of the other. (d) When they are running free, with the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. STEAM VESSELS. Rule 17. When two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision each shall 336 PART XXXVI. RULES TO PREVENT COLLISIONS. alter her course to starboard, so that each shall pass on the port side of the other. liuLE 18. When two steam vessels are crossing so as to involve risk of collision the vessel which has the other on her own starboard side shall keep out of the way of the other. EuLE 19. When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of collision the steam vessel shall keep out of the way of the sailing vessel. KuLE 20. Where, by any of the rules lierein prescribed, one of two vessels shall keep out of the way, the other shall keep her course and speed. EuLE 1*1. Every steam vessel which is directed by these rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse. EuLE 22. Notwithstanding anything contained in these rules every vessel overtaking any other shall keep out of the way of the overtaken vessel. EuLE 23. In all weathers every steam vessel under way in taking any course authorized or required by these rules shall indicate that course by the following signals on her whistle, to be accompanied whenever required by corre- sponding alteration of her helm; and every steam vessel receiving a signal from another shall x>romptly respond with the same signal or, as provided in Eule Twenty-six: One blast to mean, " I am directing my course to starboard." Two blasts to mean, " I am directing my course to port." But the giving or answering signals by a vessel required to keep her course shall not vary the duties and obligations of the respective vessels. Eule 21. That in all narrow channels where there is a current, and in the rivers Saint Mary, Saint Clair, Detroit, Niagara, and Saint Lawrence, when two steamers are meeting, the descending steamer shall have the right of way, and shall, before the vessels shall have arrived within the distance of one-half mile of each other, give the signal necessary to indicate which side she elects to take. Eule 25. In all channels less than five hundred feet in width, no steam vessel shall x)ass another going in the same direction unless the steam vessel ahead be disabled or sig- nify her willingp.ess that the steam vessel astern shall i)ass, when the steam vessel astern may pass, subject, however, to the other rules applicable to sucli a situation. And when steam vessels proceeding in opposite directions are about to meet in such channels, both such vessels shall be slowed down to a moderate speed, according to the circumstances. Eule 26. If the pilot of a steam vessel to which a pass- ing signal is sounded deems it unsafe to accept and assent to said signal, he shall not vsound across signal; but in that case, and in every case where the pilot of one steamer fails to understand the course or intention of an approach- ing steamer, whether from signals being given or answered PART XXXVI. RULES TO PREVENT COLLISIONS. 337 erroneously, or from Other causes, the i)ilot of sucli steamer so reeeiviiijj^ the (irst passinj;- signal, or the pilot so in doubt, shall sound several short and rapid blasts of the whistle; and if the vessels shall have approached within half a mile of each other both shall reduce their si)eed to bare steer- ageway, and, if necessary, sto]) and reverse. KULE L'7. In obeying and coustruing these rules due regard shall be had to all dangers of navigation and col- lision and to any S])ecia] circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. Rule 28. Nothing in these rules shall exonerate any vessel, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of a neglect of any precaution Avhich may be refjuired by the ordinary practice of seamen, or by the special-circumstances of the case. A fine, not exceeding two hundred dollars, may be scc.2. imposed for the violation of any of the provisions of this Act. The vessel shall be liable for the said penalty, and may be seized and proceeded against, by way of libel, in the district court of the United States for any district within which such vessel may be found. The Secretary of the Treasury of the United States shall scc.3. have authority to establish all necessary regulations, not inconsistent with the provisions of this Act, required to carry the same into effect. The Board of Supervising Inspectors of the United States shall have authority to establish such regulations to be observed by all steam vessels in passing each other, not inconsistent with the provisions of this Act, as they shall from time to time deem necessary; and all regulations adopted by the said Board of Supervising Inspectors under the authority of this Act, when approved by the Secretary of the Treasury, shall have the force of law. Two i)rinted copies of any such regulations for passing, signed by them, shall be furnished to each steam vessel, and shall at all times be kept posted up in conspicuous places on board. All laws or parts of laws, so far as api^licable to the ^®*'-^- navigation of the Great Lakes and their (connecting and tributary waters as far east as .Montreal, inconsistent with the foregoing rules are hereby repealed. 351. Rules for the Red River of the North and rivers emptying into the Gulf of Mexico, and their tributaries. Sections forty-two hundred thirty-three, forty-four hun- Juno7.i897. died and twelve (with the regulations made in pursuance ^'^''■^' thereof, excei)t the rules and regulations for the govern- ment of pilots of steamers navigating the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, and except the rules for the Great Lakes and their connecting and tributary waters as far east as Montreal), and forty-four hundred and thirteen of the NAV 99, PT 2 22 )38 PART XXXVI. RULES TO PREVENT COLLISIONS. Revised Statutes of the United States, and cliapter two hundred and two of the laws of eighteen hundred and ninety- three, and sections one and three of chapter one hun- dred and two of the hiws of eighteen hundred and ninety- five, and sections five, twelve and thirteen of the Act approved March third, eighteen hundred and ninety-seven, entitled "An Act to amend the laws relating to naviga tion," and all amendments thereto, are hereby repealed so far as the harbors, rivers, and iidaud waters aforesaid (except the Great Lakes and their connecting and tributary Avaters as far east as Montreal and the Red River of tlie North, and rivers emptying into the Gulf of Mexico, and their tributaries) are concerned. R.s.,4233. rJ^^Q following rules for preventing collisions on the water shall be followed in the navigation of vessels of the Navy and of the mercantile marine of the United States: STEAM AND SAIL VESSELS. Rule one. Every steam-vessel which is under sail, and not under steam, shall be considered a sail- vessel; and every steam-vessel which is under steam, whether under sail or not, shall be considered a steam-vessel. LIGHTS. Rule two. The lights mentioned in the following rules, and no others, shall be carried in all weathers, between sunset and sunrise. Rule three. All ocean-going steamers, and steamers car- rying sail, shall, when under way, carry — (A) At the foremast head, a bright white light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles, and so con- structed as to show a uniform and unbroken light over an arc of the horizon of twenty i)oints of the compass, and so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side. (B) On tlje starboard side, a green light, of such a char- acter as to be visible on a dark night, with a clear atmos phere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the starboad side. (C) On the port side, a red light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the hori- zon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The green and red lights shall be fitted with inboard screens, projecting at lenst three ieet forward from the lights, so as to prevent them from being seen across the bow. PART XXXVT. RILKS TO PREVENT COLLISIONS. 339 Rule four. Steum-vessels, wlieu towiiifjf other vessels, shall curry two bright white mast-head lij^hts vertically, iu addition to their side lip:hts, so as to distiiiuuisli thcni from other steam-vessels. l']ach of these mast iicad lights shall be of the same chara(;ter aud construction as the inast-head lights i)rescribeart thereof that may not have been destroyed in removal, and the proceeds of such sale shall be covered into the Treasury of the United States. Such sum of money as may be necessary to execute this section and the preceding section of this Act is hereby ai)propriated out of any money in the Treasury not other- wise appropriated, to be paid out on the requisition of the Secretary of War. All laws or ijarts of laws inconsistent with the fore- going sections ten to twenty, inclusive, of this Act are hereby repealed: Provided^ That no action begun, or right of action accrued, prior to the passage of this Act shall be aflected by this repeal. 374. Navigation of canals. Aug. 17, 1894. It shall be the duty of the Secretary of War to prescribe Sec. 4. Huch rules and regulations for the use, administration, and navigation of any or all canals and similar works of navi- gation that now are, or that hereafter may be, owned, operated, or maintained by the United States as in his judgment the jiublic necessity may require. Such rules and regulations shall be posted, in conspicuous and appro priate places, for the information of the public; and every person and every corporation which shall knowingly and willfully violate such rules and regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any PAlvT XXXVIII. — OnSTlU'CTIONS TO NANKJATIoN. 365 court oi" the United iStates within whose, teiritoiial Jiiiis diction such oftense may have been coininittcd, siiall bo punished by a fine not exceedinj;- live bundled doHais, or by iniprisonnieut (in the case of a natural i)erson) not exceed- ing six months, in the discretion of the court. 375. Potomac River. It shall be unlawful for any owner or occupant of any May ly, i89e. whaif or dock, any master or captain of any vessel, or any person or persons to cast, throw, drop, or deposit any bal- last, dirt, oyster shells, or ashes in the water in any ])ort of the Totomac IJiver or its tributaries in the District of Columbia, or on the shores of said river below high-water mark, unless for the purpose of making a wliarf, after per- mission has beeu obtained from the Commissioners of tlie District of Columbia for that purpose, Avhich wharf shall be sufficiently enclosed and secured so as to prevent injury to navigation. It shall be unlawful for any owner or occupant of any sec.2. wharf or dock, any captain or master of any vessel, or any other persou or persons to cast, throw, deposit, or drop in any dock or in the waters of the Potomac Kiver or its tributaries in the District of Columbia any dead fish, fish ofl'al, dead animals of any kind, condemned oysters in the shell, watermelons, cantaloupes, vegetables, fruits, shav- ings, hay, straw, ice, snow, filth, or trash of any kind whatsoever. Any person or persons violatiug any of the provisions of ^♦'•'•3- this Act shall be deemed guilty of a misdemeanor, and on conviction thereof in the police court of the District of Columbia shall be jiunished l)v a fine not exceeding one hundred dollars or by imprisonment not exceeding six months, or by both such punishments, in the discretion of the court. Nothing in this Act contained shall be construed to ^'^•^• interfere with the work of improvement in or along the said river and harbor, under the supervision of the United IStates Government. Part XXXIX.-NEW YORK HARBOR. 376. fife IV York Harbor. Aug. 17, 1894. It sliall be unlawful for a,uy person or persons to engage sec.2. in fishing or dredging for sliell fish in any of the channels leading to and from the harbor of New York, or to inter- fere in any way with the safe navigation of those channels by ocean steamships and shij^s of deep draft. Any person or persons violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be j^unished by fine or imprisonment, or both, such fine to be not more than two hundred and fifty dollars nor less than fifty dollars, and the imprisonment to be not more than six months nor less than thirty days, either or botli united, as the judge before whom conviction is obtained shall decide. It sliall be the duty of the United States Supervisor of the harbor to enforce this act, and the deputy inspectorsof the said supervisor shall have authority to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses pro- hibited by this Act: Provided., That no i^erson shall be arrested without process for any offense not committed in the presence of the supervisor or his inspector or deputy insi)ectors, or either of them: And further provided., That whenever any such arrest is made the i)erson or persons so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the ofi'enses alleged against him ; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. June 29,1888. The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and ])assing therefrom in a lirjuid state, in the tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of Long Island Sound, within the limits which shall be pre- scribed by the supervisor of the harbor, is hereby strictly forbidden. And ev^ery such act is made a misdemeanor, and every person engaged in or who shall aid, abet, author- ize, or instigate a violation of this section, shall, upon con- viction, be punishable by fine or i inprisonment, or both, such fine to be not less than two hundred and fifty dollars nor 356 PART XXXIX. NEW YORK HARBOR. 357 more tlian two thousand five Imndrcd dollars, and the imprisonment to be not less than thirty days nor more tlian one year, either or both united, as the Judge before whom conviction is obtained shall decide, one half of said line to be paid to the person or persons giving- information which shall lead to conviction of this misdemeanor. Any and every master and engineer, or i)erson or persons see 2. acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly engage in towing any scow, boat, or vessel loaded with any such ])rohibited matter to any point or place of deposit, or discharge in the waters of the harbor of New York, or in its adjacent, or tributary waters, or in those of Long Island Sound, or to any point or place elsewhere than within the limits defined and per- mitted by the supervisor of the harbor hereinafter men- tioned, shall be deemed guilty of a violation of this act, and shall, upon conviction, be punishable as hereinbefoie pro- vided for oflensesin violation of section one of this act, and shall also have his license revoked or suspended for a term to be fixed by the Judge before whom tried and convicted. In all cases of receiving on board of any scows or boats ^^''■^■ such forbidden matter or substance as herein described, ge"*'^^''^^ the owner or master, or person acting in such cai)acity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed here- under a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained ; and every ])erson violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be i)unished by a fine of not more than one thousand nor less than five hundred dollars, and in addition thereto the master of any tug or towboat so offending shall have his license revoked, or suspended for a term to be fixed by the Judge before whom tried and convicted. And any deviation from such dumping or discharging place speci- fied in such permit shall be a misdemeanor, and the owner and master, or ])ersou acting in the capacity of master, of any scows or boats dumi)ingor discharging such forbidden matter in any i)lace other than thiit specified in such i>ermit shall be liable to i)unishiuent therefor as i)rovided in st'<;- tion one of the said Act of June twenty ninth, eighteen hundred and eighty eight; and the owner and nuister, or person acting in the capacity of master, of any tug or tow- boat towing such scows or boats shall be liable to ei|ual punishment with the owner and master, or person acting in the capacity of master, of the scows or boats; and, further, every scowman or other employee on board of both scows and towboats shall be deemed to have knowledge of the place of dumping si)ecifie(l in siu-h i)ermit, and tlie owners and masters, or persons acting in the <'apa('ity of 358 PART XXXIX NEW YORK HARBOR. masters, shall be liable to punishment, as aforesaid, for any unlawful dumping, within the meaning of this Act or of the said Act of -lune twenty-nintli, eighteen hundred and eighty-eight, which may be caused by the negligence or ignorance of such scowmau or other employee ; and, further, neither defect in machinery nor avoidable accidents to scows or towboiits, nor unfavorable weather, nor improper handling or moving of scows or boats of any kind whatso- ever, shall operate to release the owners and masters and employees of scows and towboats from the penalties here- inbefore mentioned. Every scow or boat engaged in the transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner's name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked si i all be used to transport or dump any such material. The supervisor of the harbor of New York, designated as provided in section live of the said Act of J une twenty-ninth, eijzhteen hundred and eighty-eight, is authorized and directed to appoint inspectors and deputy inspectors, and, for the i)urpose of enforcing the provisions of this Act and of the Act aforesaid, and of detecting and bringing to iiunishment offenders against the same, the said supervisor of the .harbor, and the inspectors and dei)nty inspectors so appointed by him, shall have i)ower and authority: First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this section and by the Act of tTune twenty-ninth, eighteen hundred and eighty eight, aforesaid, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a commissioner, Judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. Second. To go on board of any scow or towboat engaged in unlawful dumping of ])rohibited material, or in moving the same without a permit as required in this section of this Act, and to seize and hold said boats until they are discharged by action of the commissioner, judge, or court of the United States before whom the offending persons are brought. Third. To arrest and take into cnstody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds. t^urth. To go on board of any towboat having in tow scows or boats loaded with such prohibited material, and accompany the same to the place of dumping, whenever PAUT XXXIX. NKW YORK HARBOR. 3;")!) sucli action appears to be necessary to secure conii)lian(;e with tlie requirements of tills Act and of the Act aforesaid. Fifth. To enter gas and oil works and all othei- niannfac- turinjyf works for the purpose of discov('rin<>; the disi)()sitiou made of sludue, acid, or other in.jurions niaterial, whenever there is goi»d reason to believe that such sludge, acid, or other injurious material is allowed to run into the tidal waters of the harbor in violation of section one of the aforesaid Act of June twenty-ninth, eighteen hnndred antl eighty-eight. Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward or makes any offer of the same to any inspector, deputy ins])eetor, or other employee of the oflice of the sui)ervisor of the harbor with intent to intlueuce such inspector, deputy inspector, or other employee to permit or overlook any violations of the provi- sions of this section or of the said Act of Juno twenty-ninth, eighteen hundred and eighty-eight, shall, on (conviction thereof, be tined not less than live hundred dollars nor more than one thousand dollars, and be imprisoned not less than six months nor more than one year. Every permit issued in a(;cordance with the provisions of this section of this Act which may not be taken up by an inspector or deputy inspector shall be returned within forty eight hours after issuance to the office of the sui)er- visor of the harbor; such i)ermit sliall bear an endorsement by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and if so the time and place of dumping. Any person violating the provisions of this section shall be liable to a tine of not more than tive hundred dollars nor less than one hundred dollars. All nuul, dirt, sand, dredgings, and material of every .]uno29, issa kind and des(;ription whatever taken, dredged, or exca- ^^<^-*- vated from any slip, basin, or shoal in tlie harbor of Xew York, or the waters adjacent or tributary thereto, and phiced on any boat, scow, or vessel for the purpose of l)eing taken or towed upon the waters of the harbor of New York to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be detined and specified by the supervisor of the harbor, as in the third section of this act prescribed, and not otherwise. Every person, tirm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, tiini, or ('ori)oration in any manner engaged in the work of dredging or excavating any su(;h slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be resjjonsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so delined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense against this act, and shall be i)unished by a fine e<|ual to the sum of tive dollars for every (uibic yard of mud, dirt, saml, dredgings, or material not depos- 360 PART XXXTX. NEW YORK HARBOR. ited or discharged as required by this section. Any boat or vessel used or employed in violating any provision of this act, shall l)e liable to the pecuuiary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States, having jurisdiction thereof. A line officer of the Navy shall be designated by the President of the United States as su])ervisor of the harbor, to act under the direction of the Secretary of War in enforcing the provisions of this act, and in detecting offend- ers against the same. This officer shall receive the sea-pay of his grade, and shall have personal charge and supervi- sion under the Secretary of War, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this act. Sec. 5. Part XL.— ANCHORAGE GROUNDS. 377. New York Bay. i 378. C'liicano llarlior. 377. New York Bay. The Secretary of the Treasury is authorized, empowered, ^^"v '6- i^afi. and directed to define and establish an ancliorage .ground for vessels in the bay and harbor of New York, and in the Hudson and East Rivers, to adopt suitable rules and regu- lations in relation thereto, and to take all necessary meas- ures for the proper enforcement of such rules and regulations. The Act of May sixteenth, eighteen hundred and eighty- mmi. 3,1899. eight, relating to anchorage of vessels in the port of New York, is hereby extended to include the waters of Kill von Knll, Newark Bay, Arthur Kill, and Earitan Bay. In the event of the violation of any such rules or regu- May le, 1888. lations by the owner, master, or person in charge of any •'^''c-2. vessel, such owner, master, or person in charge of such vessel shall be liable to a i)enalty of one hundred dollars, and the said vessel may be holden for the payment of such penalty, and may be seized and proceeded against sum- marily by libel for the recovery of the same in any Ignited States district court for the district within whicli such ves- sel may be, and in the name of the officer designated by the Secretary of the Treasury. 378. Chicago Harbor. The Secretary of the Treasury is authorized and directed to define and establish anchorage grounds for vessels in tlic harbors of Chicago, and waters of Lake Michigan adjacent thereto, to adopt suitable rules and regulations in relation to the same, and also to adopt suitable rules and regula- tions governing the use of marked inshore channels in Lake Michigan in front of the city of Chicago, and to take all necessary measures for the proper enforcement of such rules and regulations. In the event of the violation of any such rules or regula- tions by the owner, nuister, or person in charge of any ves- sel, such owner, master, or person in charge of such vessel shall be liable to a penalty of one hundred dollars, and the said vessel maybe holden for the payment of such jtenalty, and may be seized and i)roceeded against summarily by libel for the recovery of the same in any United States dis- trict court for the di.strict within which su(;li vessel maybe, and in tlie name of the oriicei- designated by the Secretary of the Treasury. 361 Part XLI—NEUTRALITY. 379. Neutrality. K.s.,5281. Every citizen of the United States who, within the terri- tory or jurisdiction thereof, accepts and exercises a com- mission to serve a foreign ])rmce, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be deemed guilty of a high misdemeanor, and shall be fined not more than two thousand dollars and imprisoned not more than three years. R.s.,5282. Every person who, within the territory or jurisdiction of the United States, enlists or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States witli intent to be enlisted or entered in the service of any for eign prince, state, colony, district or i)eople, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be deemed guilty of high mis- demeanor, and shall be fined not more than one thousand dollars, and imprisoned not more than three years. K.s.,5283. Every person who, within the limits of the United States, fits out and arms, or attempts to fit out and arm, or pro- cures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming, of any vessel, with intent that such vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects^ citizens, or property of any foreign jnince or state, or of any colony, district, or people, with whom the United States are at peace, or who issues or delivers a commission within the territory or jurisdiction of the United States, for any vessel, to the intent that she may be so employed, shall b«>. deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years. And every such vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been pro- cured for the building and equipment thereof, shall be forfeited ; one half to the use of the informer, and the other half to the use of the United States. R. s.,5284. P^very citi/en of the United States who, without the limits thereof, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly 362 PART XLI. — NEUTRALITY. 3G3 aids or is couceviied in liirnishing-, fitting out, or uimin^ any private vessel of war, or privateer, wirli intent that such vessel shall be employed to cruise, or coniinit hostili- ties, upon the citizens of the Tnited States, or their prop- erty, or who takes the connuand of, or enters on board of any such vessel, for such intent, or who purchases any interest in any such vessel, with a view to share in the protits thereof, shall be deemed ' or id ed further, That such details may be withheld or withdrawn whenever, in the judgment of the President, the interests of the public service shall so require. 385. Naval Militia. Aug. 3,1894. The Secretary of the Navy is hereby authorized and empowered to loan temporarily to any State, upon the written application of the governor thereof, a vessel of the Navy, to be selected from such vessels as are not suita ble or required for general service, together with such of her apparel, charts, books, and instruments of navigation as he may deem proper; said vessel to be used only by the regularly organized naval militia of the State for the pur- I)Oses of drill and instruction: Provided, That when the organization of the naval militia of such State sliall be abandoned, or when the interests of tlie naval service shall so require, such vessel, together with her apparel, charts, books, and instruments of navigation, shall be immediately restored to the custody of the Secretary of the Navy : And provided furtlwr, That when such loan is made to the gov- ernor of any State, the Secretary of the Navy is authorized to detail from the cnli-ted force of tlie Navy a sufficient number of men, not exceeding six for any vessel, as shi[)- keepers, the men so detailed to be additional to the number of enlisted men allowed by law for the naval establishment, and in making details for this service preference shall be given to those men who have served twenty years or more in the Navy. Mar.3, i80!». For arms, accouterments, signal outfits, boats and their equipments, and the ]>rinting of the necessary books of instruction for the Naval Militia of the various States, under such regulations as the Secretary of the Navy may prescribe, sixty thousand dollars. 386. North Atlantic fisheries. Mar.3,1883. lu the judgment of Congress, the provisions of articles numbered eighteen to twenty-five, inclusive, and of article thirty of the treaty between the United States and Her Britannic Majesty, for an amicable settlement of all causes PART XLIII. MISCELLANEOUS. 371 of differeuce between tbo two countries, eoncliulod at Wash- ington on the eighth day of Miiy, anno Domini eighteen hundred and seventy one, ought to be terminated at the earliest possible time, and be no longer in force; and to this end the President be, and he hereby is, directed to give notice to the (iovernment of Her Uritannic Majesty that the i)rovision8 of each and every of the articles aforesaid will terminate and be of no force on the expiration of two years next after the time of giving such notice. The President be, and he hereby is, directed to give and seo.2. communicate to the Government of Her Britannic Majesty such notice of such termination on tlie first ointed for trial, to be inserted in soDie newspaper published near the place of seizure, and by posting up the same in the most i)ub]ic manner for the space of fourteen days, at or near the place of trial; and proclamation shall be made in such manner as the court shall direct. And if no person appears and claims such vessel, goods, wares, or merchandise, and gives bond to delend the prosecution thereof and to respond the cost in case he shall not support his claim, the court shall proceed to hear and determine the cause according to law. All vessels, goods, wares, or merchandise which shall be k. s.,939. condemned by virtue of any law respecting tlie revenue from imports or tonnage, or the registering and recording, or the enrolling or licensing of vessels, and for which bonds shall not have been given by the claimant, shall be sold by the marshal or other ])roper officer of the court in which condemnation shall be had, to the highest bidder, at public auction, by order of such court, and at such ])lace as the court may appoint, giving at least fifteen days' notice (ex- cept in cases of i)erishable merchandise) in one or more of the public newsi)apers of the place where such sale shall be; or if no paper is published in such place, in one or more of the papers published in tlie nearest ]dace thereto; for which advertising, a sum not exceeding live dollars shall 375 376 PART XLIV. I,EGAL PROCEDURE. be paid. And the amount of such sales, deducting all proper cliar.yes, shall be paid within ten days after such sale by the person selling- the same to the clerk or other proper ofticer of the court direcitiiig such sale, to be by him, after deducting the charges allowed by the court, paid to the collector of the district in which such seizure or forfei- ture has taken place, as hereinbefore directed. R.s.,940. lu any cause of admiralty and maritime jurisdiction, or other case of seizure, depending in any court of the United States, any judge of the said court, in vacation, shall have the same authority to order any vessel, or cargo, or other property to be delivered to the claimants, upon bail or bond, or to be sold when necessary, as the said court has in term time, and to appoint appraisers, and exercise every other incidental xwwer necessary to the complete execution of the authority herein granted; and the recognizance of bail or bond, under such order, nsay be executed before the clerk upon the party's producing the certificate of the collector of the district, of the suitlciency of the security offered ; and the same i^roceedings shall be had in the case of said order of delivery or of sale, as are had in like cases when ordered in term time: I'rorided, That upon every such application, either for an order of delivery or of sale, the collector and the attorney of the district shall have reasonable notice in cases of the United States, and the party or counsel in all other cases. E.s.,970. When, in any prosecution commenced on account of the seizure of any vessel, goods, wares, or merchandise, made by any collector or other officer, under any act of Congress authorizing such seizure, judgment is rendered for the claimant, but it appears to the coui't that there was reason- able cause of seizure, the conrt shall cause a proper certifi- cate thereof to be entered, and the claimant shall not, in such case, be entitled to costs, nor shall the person who made the seizure, nor the prosecutor, be liable to suit or judgment on account of sncli suit or i)rosecution : Provided, That the vessel, goods, wares, or merchandise be, after judgment, forthwith returned to such claimant or -his agent. R.s.,071 If^ in any suit against an officer or other person execut- ing or aiding or assisting in the seizure of goods, under any act ])roviding for or regulating the collection of duties on imports or tonnage, the plaintiff is nonsuited, or judg- ment i)asseil ^against him, the defendant shall recover double costs. R.s.,978. When proceedings are had before a court of the United States or of the Territories, on several libels, against any vessel and cargo, which might legally be joined in one libel, there shall not be allowed thereon more costs than on one libel, unless special cause for libeling the vessel and cargo separately is satisfactorily shown on motion in open court. Andln proceedings on several libels or in formations against any cargo, or parts of cargo, or merchandise seized as for feited for the same cause, there shall not be allowed more PART XLIV. — LE(iAL PKOCEDURE. 377 costs than would be lawful on oiio libel or information, whatever may be the number of owners or eoiisifiiiees tlicrein concerned. J>ut allowance may be made on one libel or information for the costs incidental to several claims. When judgment is rendered in favor of the claimant of k. S..879. any vessel or other property seized on behalf of tlie United States, and libeled or informed against as forfeited under any law thereof, he shall be entitled to possession of the same when his own costs are paid. 393. Summary trial. Whenever a complaint vshall be inade against any mas- R.s.,4300. ter, officer, or seaman of any vessel belonging, in whole or in part, to any citizen of the United States, of the commis- sion of any offense, not capital or otherwise infamous, against any law of the United States made (or the i)rotec- tiou of persons or property engaged in commerce or navi- gation, it shall be the duty of the district attorney to inves- tigate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a si)ecial session of the court, either in term time or vacation. At the summary trial of offenses against the laws for the R.s.,4301. protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of com- plaint, verified by oath in writing, shall be presented to the Court, setting out the offense in such manner as clearly to apprise the accused of the character of the offense com- plained of, and to enable him to answer the complaint. The complaint or statement shall be read to tlie accused, who may plead to or answer the same, or nuike a counter state- ment. The trial shall thereupon be ])rocet'ded with in a summary manner, and tlie case shall be decided by the court, unless, at 1:he time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the comi^laint and plea of not guilty. It shall be lawful for the court to allow the district attor- K.s.,4302. ney to amend liis statement of com])hiint at any stage of the proceedings, before verdict, if, in the opinion o^ the court, such amendment will worlv no in jnstice to tlie accused ; and if it appears to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjourn- ment shall be made, until a further day, to be fixed by the court. At the trial in summary cases, if by jury, the United k. s.,4303. States and the accused shall each be entitled to three per- emptory challenges. Challenges for cause, in such ca8«^s, shall be tried by the court without the aid of triers. 378 PART XLIV. LEGAL PKOCEDURE. II. s., 4304. It shall not be lawful for tlie court to sentence any jierson convicted in such trial to any greater punishment than imprisonment in jail for one year, or to a fine exceeding five hundred dollars, or both, in its discretion, in those cases where the laws of the United States authorize such imi^ris- onment and fine. E.s.,4305. ^]2 the penalties and forfeitures which may be incurred for offenses against this Title [R. S., 4131-4305 1 may be sued lor, ])rose('uted, and recovered in such court, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties, except when otherwise expressly prescribed. Part XLV.— CRIMES. 394. Place of trial. 395. Mulder and manslaughter. 396. K;ipe. 397. A.'isanlt. 398. Ill treatment of crew. 399. JMayhem. 400. Seduction. 401. Larceny. 402. Wrecking. 394. Place of trial The trial of all offenses committed upon the high seas or k.s.,73o. elsewhere, out of the jurisdiction of any ])articular State or district, shall be in the district where the offender is fouud, or into which he is first brought. 403. Mutiny. 404. riundcring vessel. 405. AbaudouHient of seaman. 406. Barratry. 407. Arson. 408. Misprision of felony. 409. Miscellaneous otVcnscs. 410. Crimes on the Great Lakes. 411. Forgery. 395. Murder and manslaughter. Every person who commits murder — R.s.,5339. First. Within any fort, arsenal, dock-yard, magazine, or in any other place or district of country under the exclu- sive jurisdiction of the United States; Second. Or upon the high seas, or in any arm of the sea, or in any river, haA^en, creek, basin, or bay within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State; Third. Or who upon any such waters maliciously strikes, stabs, wounds, poisons, or shoots at any other person, of which striking, stabbing, wounding, poisoning, or shooting such other person dies, either on land or at sea, within or without the United States, shall suffer death. The court before which any i)erson is convicted of mur- R.s.,5340 der, may, in its discretion, add to the judgment of death, that the body of the offender be delivered to a surgeon for dissection; and the marshal who executes such judgment shall deliver the body, after execution, to such surgeon as the court may direct; and such surgeon, or some person by him appointed, shall receive and take away the body at the time of execution. Every person who, within any of the places or upon any of the waters described in section fifty-three hundred and thirty-nine, unlawfully or wilfully, but without malice, strikes, stabs, wounds, or shootw at, or otherwise injures another, of whi(;h striking, stabbing, wounding, shooting, or other injury such other person dies, either on land or 379 R. S., 5341. 380 PART XLV. CRIMES. sea, witliin or witliont the United States, is s'ui^ty of tlie crime of manslaughter. R. s.,5342. Every person who, within any of the places or upon any of the waters described in section fifty-three hundred and thirty nine, attempts to commit the crime of murder or manslaughter, by any means not constituting the offence of assault witli a dangerous weapon, sliall be punished by imprisonment, with or without hard labor, not more than three years, and by a fine of not more than one thousand dollars. R. s.,5343. The punishment of manslaughter shall be imprisonment, Mar.3, 1875. with Or without hard labor, not more than ten years, and by a fine of not more than one thousand dollars, except as otherwise specially provided by law. R.s.,5344. Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negli- gence, or inattention to his duties on such vessel, the life of any person is destroyed, aud every owner, inspector, or other public officer, through whose fraud, connivance, mis- conduct, or violation of law, the life of any person is destroyed, shall be deemed guilty of manslaughter, and, upon conviction thereof before any circuit court of the United States, shall be sentenced to confinement at hard labor for a period of not more than ten years. 396. Rape. R. s.,5:i45. Every person who, within any of the places or upon any of the waters specified in section fifty-three hundred and thirty-nine, commits the crime of rape shall suffer death. 397. Assault. R. s., 534G. Every person who, upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay, within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular state, on board any vessel belonging in w^hole or in part to the United States, or any citizen thereof, with a dangerous weapon, or with intent to perpetrate any felony, commits an assault on another shall be punished by a fine of not more than three thousand dollars, and by imimsonment at hard labor not more than three years. 398. /// treatment of crew. R. s., 5347. Every master or other officer of an American vessel on Mar.3, 1897. ^]jg jjjg], ^g^^^ qj. qjj j^jjy otlicr waters within the admiralty ^^°' ' and maritimejurisdiction of the United States, who, without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel or withholds from them suitable food and nourishment, or infiicts upon them any cruel and unusual punishment, shall be punished by a fine of not more Dec. 21, 1893 than one thousand dollars, or by imprisonment not more sec.22. than five years, or by both. [Nothing herein contained shall be construed to repeal or modify section forty-six hun- dred and eleven of the lievised Statutes.] PART XLV. CRIMES. 381 399. Mayhem. Every person wlio, witliiii any of the i)laces npon tlie us. .■-.348. land under the exclusive Jurisdiction of the United States, or who, upon the liigli seas, in any vessel belon^in*;- to tlie United States, or to any citizen thereof, maliciously cuts off the ear, cuts out or disables the tongue, puts out an eye, slits the nose, cuts oft" the nose or \\\), or cuts off or disables any limb or member of any person, with intent to maim or disfigure such ])ersou, shall he imprisoned at hard labor not more than seveu years, and lined not more thau one thousand dollars. 400. Seduction. Every master, officer, seaman, or other person employed r s.,5349. on board of any American vessel who, during the voyage, under promise of marriage, or by threats, or the exercise of authority, or solicitation, or the making of gifts or pres- ents, seduces and has illicit connection with any female passenger, shall be punished by imprisonment not more than twelve months, or by a fine of not more than one thousand dollars; but subsequent intermarriage of the parties may be pleaded in bar of conviction. When any person is convicted under the provisions of R.s.,5350. the preceding section, the court may, in its discretion, by an order entered on its minutes, direct the amount of the fine, when imposed and collected, to be paid for the use of the female seduced or her child, if she have any. No conviction shall be had on the testimony of the female R. s., 5351. seduced, without other evidence, nor unless the indictment is found within one year after the arrival of the vessel on which the offense was committed at the port for which it was destined. 401. Larceny. Every person who, upon the high seas, or in any place K.s.,5356. under the exclusive jurisdiction of the United States, takes and carries away, with intent to steal or purloin, the per- sonal goods of another, shall be punished by a tine of not more than one thousand dollars, or by imprisonment not more than one year, or by both such tine and imprisonment. Every person who, upon the high sens, or in anyplace iJS.,5357. under the exclusive jurisdiction of the United States, buys, receives, or conceals any money, goods, bank-notes, or other thing which may be the subject of larceny, and which has been feloniously taken or stolen from any other person, knowing the same to have been taken or stolen, shall be punished by a fine of not more than one thousand dollars, and by imprisonment at hard labor not more than three years. 402. Wrecking. Every person who plunders, steals, or destroys any money, r. s., 5353. goods, merchandise, or other effects, from or belonging to any vessel in distress, or wrecked, lost, stranded, or cast 382 PART XLV. CRIMES. away, upon tlie sea, or upon any reef, shoal, bank, or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States; and every per- son who willfully obstructs the escape of any ])erson en deavoring to save his life from such vessel, or the wieck thereof; and every person who holds out or shows any false light, or extinguishes any true light, with intent to bring any vessel, sailing upon the sea, into danger, or distress, or shipwreck, shall be punished by a tine of not more than five thousand dollars, and imprisoned at hard labor not more than ten years. 403. Mutiny. E.s.,5359. If any one of the crew of any Anierican vessel on the high seas, or otlier waters within the admiralty and mari- time jurisdiction of the United States, endeavors to make a revolt or mutiny on board such vessel, or combines, con- spires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master, or other ofticer of such vessel, or to refuse or neglect their proper duty on board thereof, or to betray their proper trust, or assembles with others in a tumultuous and mutinous manner, or makes a riot on board thereof, or un- lawfully confines the master, or other commanding ofticer thereof, he shall be punished by a tine of not more than one thousand dollars, or by imprisonment not more than five years, or by both such fine and imprisonment. E.s.,5360. If any one of the crew of an Ameritian vessel on the high seas, or on any other waters within the admiralty and mari- time jurisdiction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the couimaud of such vessel from the master or other lawful officer in com- mand thereof, or deprives him of authority and comnuind on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, he is guilty of a revolt and mutiny, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment at hard labor not more than ten years. 404. Plundering vessel. R.s.,5361. Every person who, upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay, within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State, by surprise or by open force, maliciously attacks or sets upon any vessel belonging to another, with an intent to unlawfully plunder the same, or to despoil any owner thereof of any moneys, goods, or merchandise laden on board thereof shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. R.s.,5362. Every person who, upon the high seas, or in any other of the places mentioned in the preceding section, with PART XLV. ClUMES. 383 intent to commit any felony, breaks or enters any vessel, or maliciouslj'' cuts, si)oils, or destroys any cor(la.u('. cable, buoj's, buoy-rope, head-fast, or other fast fixed to the anchor or moorings bclouoing to any vessel, sliall be pun- ished by a fiue of not more than one thousand dolhirs, and by imprisonment at hard labor not more than five years. 405. Abandonment of seaman. Every master or commander of any vesvsel belonging, in it. s., r.:t63. whole or part, to any cilizen of the United States, wiio, during his being abroad, maliciously and without justifi- able cause forces any ol'licer or nuiriner of such vessel on shore, in order to leave him beliind in any foreign port or place, or refuses to bring liome again all such officers and mariners of such vessel whom he carried out with him as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be i)un- ished by a tine of not more than five hundred dollars, or by imprisonment not more than six months. 406. Barratry. Every person who, on the high seas, or within the Cnited ^^- ^-.5364. States, willfully and corruptly conspires, combines, and con- federates with any other person, such other person being either within or without the United States, to cast away or otherwise destroy any vessel, with intent to injure any person that may have underwritten or may thereafterward underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; and every person who, within the United States, builds, or fits out, or aids in building and fitting out, any vessel with intent that the same be cast away or destroyed with the intent hereinbe- fore mentioned, shall be punished by a fine of not more than ten thousand dollars, and by imprisonment at hard labor not more than ten years. Every person who, on the high seas, willfully and cor- K.s.,5305. ruptly casts away or otherwise destroys any vessel of Ang.e.isw. which he is owner, in whole or part, with intent to preju- dice any iierson that may underwrite any policy of insur- ance thereon, or any merchant that nuiy have gODds thereon, or any other owner of such vessel, shall be i)un- ished by imprisonment for life, or for any term of years. Every person, not being an owner, who, on the high seas, U.S..5306. willfully and corruptly casts away or otherwise destroys Aug.e, 1894. any vessel to which lie belongs, being the property of any citizen, shall be punished by imprisonment for life, or for any term of years. 407. Arson. Kvery person, not being an owner, who, on the high seas, 'H- «-. "c?. willfully, with intent to destroy the same, sets fire to any vessel, or otherwise attempts the destruction thereof, being 384 PART XLV. CRIMES. the property of any citizen, shall suffer imprisonment at hard labor for a term not more than ten years nor less than three years. B. s., 5385. Every person who, within any fort, dock-yard, navy-yard, arsenal, armory, or magazine, the site whereof is under the jurisdiction ofthe United States, or on the site of any light house, or other needful building belonging to the United States, the site whereof is under tlieir jurisdiction, willfully and maliciously burns any dwelling-house, or mansion- house, or any store, barn, stable, or other building, parcel of any dwelling or mansion-house, shall suffer death. E. s., 5386. Every person who, in any of the places mentioned in the preceding section, maliciously sets lire to, or burns, any arsenal, armory, magazine, rope-walk, ship-house, ware- house, block house, or barrack, or any store house, barn, or stable, not parcel of a dwelling-house, or any other build- ing not mentioned in such section, or any vessel built, or begun to be built, or repairing, or any light-house, or beacon, or any timber, cables, rigging, or other materials for build- ing, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victual- ing stores, arms, or other munitions of war, shall be pun- ished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. R. s., 5387. Ev^ery person who maliciously sets on fire, or burns, or otherwise destroys, any vessel of war of the United States, afloat on the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty juris- diction of the United States, and out of the jurisdiction of any particular State, shall suffer death. 408. Misprision of felony. R. s., 53'jo. Every person who, having knowledge of the actual com- mission of the crime of murder or other felony ui^ou the high seas, or within any fort, arsenal, dock-yard, magazine, or other place or district of country under the exclusive jurisdiction of the United States, conceals, and does not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, is guilty of misprision of felony, and shall be imprisoned not more than three years, and fined no more than five hundred dollars. 409. Misce/ianeous offenses. R. s., 53'ji. If any offense be committed in any place which has been or may hereafter be, ceded to and under the jurisdiction of the United States, which offense is not prohibited, or the punishment thereof is not specially provided for, by any law of the United States, such offense shall be liable to, and receive, the same punishment as the laws of the State in which such place is situated, now in force, provide for the like offense when committed within the jurisdiction of PART XLV. CRniES. 385 such state; and no subsequeut repeal of auy such State law shall affect any prosecution for such offense in any court of the United States. 410. Crimes on the Great Lakes. Every person who shall, upon any vessel registered or scpt. 4. isoo. enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, namely, Lake Superior, Lake Michigan, Lake Huron, Lake Saint Clair, Lake Erie, Lake Ontario, or any of the waters connecting anj^ of the said lakes, commit or be guilty of any of the acts, neglects, or omissions, respectively, men- tioned in chapter three [R. S., 5339-5391] of title seventy of the Eevised Statutes of the United States shall, uj^on conviction thereof, be punished with the same punishments in the said title and chapter, respectively, affixed to the same offenses therein mentioned, respectively. The circuit and district courts of the United States, Sec.2. respectively, are hereby vested with the same jurisdiction in respect of the offenses mentioned in the first section of this act that they by law have and possess in respect of the offenses in said chapter and title in the first section of this act mentioned, and said courts, respectively, are also for the purpose of this act vested with all and the same juris- diction they, respectively, have by force of title thirteen, chapter three [R. S., 563-571], and title thirteen, chai)ter seven [R. S., 029-657], of the Revised Statutes of the United States. 411. Forgery. If any person falsely makes, forges, counterfeits, or alters r. s., 5423. any instrument in imitation of, or purporting to be an abstract or official copy, or certificate of the recording, reg- istry, or enrollment of any vessel, in the office of any col- lector of the customs, or a license to any vessel, for carry- ing on the coasting trade, or fisheries of the United States, or a certificate of ownersliip, ])ass, passport, sea-letter, or clearance, granted for any vessel, under the authority of the United States, or a iiernnt, debenture, or other official document, granted by any collector or other officer of the customs, by virtue of his office; or passes, utters, or pub- lishes, or attempts to pass, utter, or publish, as true, any such false, forged, counterfeited, or falsely altered instru- ment, abstract, official copy, certificate, license, pass, pass- port, sea-letter, clearance, permit, debenture, or other otticial document herein specified, knowing the same to be false, forged, counterfeited, or falsely altered, with an intent to defraud, he shall be punished by a fine of not more than one thousand dollars and by imprisonment at hard labor not more than three years. NAV 99, PT 2 25 Part XLVI.— PIRACY. 412. Piracy. | 413. Crimes deemed piracy. 412. Piracy. R.s.,4293. The President is authorized to employ so many of the imblic armed vessels as in his Judgment the service may require, with suitable instructions to tlie commanders thereof in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations. E.s.,4294 The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or ui)on any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. B,.s.,4295. The commander and crew of any merchant- vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and cap- ture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. R.s.,4296 Whenever any vessel, which shall have been built, pur- chased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggres- sion, search, restraint, depredation, or seizure, or in the com- mission of any other act of piracy as defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or cap- tured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the cap- tors after due process and trial in any court having admi- 386 PART XLVI. PIRACY. 387 ralty Jurisdictiou, and which shall be holdeii for the district into which such captured vessel shall bo brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion. Any vessel built, purchased, fitted out in whole or in ]^s..4297. part, or held for the purpose of being employed in tlie coni- uiission of any piratical aggression, search, restraint, dep- redation, or seizure, or in the commission of any other act of piracy, as delined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in port or place within the United States, whether the same shall have actually sailed upon any i)iratical expedition or not, and whether any act of piracy shall have been com- mitted or attempted upon or from such vessel or not; and any such vessel may be adjudged and condemned, if cap- tured by a vessel authorized as hereinafter mentioned, to the use of the United States and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States. The President is authorized to instruct the commanders k.s.,4298. of the public armed vessels of the United States, and to authorize the commanders of any other armed vessels sail- ing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as men- tioned in the preceding section. The collectors of the several ports of entry, the survey- K.s.,4299. ors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section forty-two hundred and ninety- seven, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section. 413. Crimes deemed piracy. Every person who, on the high seas, commits the crime of n. s., 5368. piracy as defined by the law of nations, and is afterward brought intoorfound inthe United States, shall sutler death. Every seaman who lays violent hands upon his com- k.s.,5369. mander, thereby to hinder and i)revent his fighting in defense of his vessel or the goods intrusted to him, is a pirate, and shall suffer death. Every person who, upon the high seas, or in any open road- R- s., 5370. stead, or in any haven, basin, or bay, or in any river where the sea ebbs and flows, commits the crime of robbery, in or upon any vessel, or upon any ship's company of any vessel, or the lading thereof, is a pirate, and shall suffer death. Every person engaged in any piratical cruise or enter- ^s-.ssti. prise, or being of the crew of any piratical vessel, who lauds 388 PART XLYI. PIRACY. from such vessel and on shore commits robbery, is a pirate, and shall suffer death. ii.s.,5372. Every person who commits upon the high seas, or in any river, harbor, basin, or bay, out of the jurisdiction of any particular State, murder or robbery, or any other offense which, if committed within the body of a county, would be punishable with death by the laws of the United States, is a pirate, and shall suffer death. E.s.,5373. Every citizen who commits any murder or robbery, or any act of hostility against the United States, or against any citizen thereof, on the high seas, under color of any commission from any foreign prince, or state, or on pretense of authority from any person, is, notwithstanding the pre- tense of such authority, a pirate, and shall suffer death. E. s., 5374. Every subject or citizen of any foreign state, who is found and taken ou the sea making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall suffer death. E. s., 5383. Every captain, other officer, or mariner, of a vessel on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the Dnited States, who piratically . or feloniously runs away with such vessel, or with any goods or merchandise thereof, to the value of fifty dollars, or who yields up such vessel voluntarily to any pirate, shall be fined not more than ten thousand dollars, or imprisoned at hard labor not more that ten years, or both. E. s., 5384. If any person attempts or endeavors to corrupt any com- mander, master, officer, or mariner to yield up or to run away with any vessel, or any goods, wares, or merchan- dise, or to turn x)irate, or to go over to or confederate with pirates, or in any wise to trade with any pirate, knowing him to be such, or furnishes such pirate with any ammuni- tion, stores, or provisions of any kind, or fits out any ves- sel knowingly and with a design to trade with, supply, or correspond with any pirate or robber upon the seas ; or if any person consults, combines, confederates, or corresponds with any pirate or robber upon the seas, knowing him to be guilty of any piracy or robbery; or if any seaman confines the master of any vessel, he shall be imprisoned not more than three years, and fined not more than one thousand dollars. Part XLVIL— SLAVE TRADE. 414. Slave trade. No person shall, for liimself, or for another, as master, K.s.,5551 factor, or owner, build, lit, equij), load, or otherwise pre- pare any vessel, in any port or ])lace within the jurisdiction of the United States, or cause any vessel to sail from any port or place within the jurisdiction of the same, for the purpose of procuring any negro, mulatto, or person of color, from any ibreign kingdom, place, or country, to be trans- ported to any port or i)lace whatsoever, to be held, sold, or otherwise disposed of, as a slave, or to be held to service or labor; and every vessel so built, fitted out, equipped, laden, or otherwise prepared, with her tackle, apparel, fur- niture, and lading, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person who sues for the forfeiture, and prosecutes the same to effect. Every person so building, fitting out, equipping, loading, r. s., 5552 or otherwise prei)aring or sending away any vessel, know- ing or intending tliat the same shall be employed in such trade or business, contrary to the provisions of the iirecediug section, or any ways aiding or abetting therein, shall, be- sides the forfeiture of the vessel, pay the sum of two thou- sand dollars; one moiety thereof to the use of the United States, and the other moiety thereof to the use of the per- son who sues for and prosecutes the same to effect. Every vessel employed in carrying on the slave-trade, r. s.,5553. or on which is received or transported any negro, mulatto, or person of color, from any foreign kingdom or country, or from sea, for the purpose of holding, selling, or otherwise disposing of such person as a slave, or of hoUling such person to service or labor, shall, together with her tackle, apparel, furniture, and the goods and effects which may be found on board, or which may have been imported thereon in the same voyage, be forfeited; one moiety to the United States, and the other to tlie use of the person who sues for and prosecutes the forfeiture to effect. If any citizen of the United States takes on board, re- 11. s., 5554. ceives, or transports any negro, mulatto, or ])erson of color, for the purpose of selling such ])erson as a slave, ho shall, ill addition to the forfeiture of the vessel, i)ay for each per- son, so received on board or transported, the sum of two 389 390 PART XLYII. 8LAVE TRADE. hundred dollars, to be recovered in any court of the United States; the one moiety thereof to the use of the United States, and the other moiety to the use of the person who sues for and prosecutes the same to effect. R.s.,5555. Every vessel which is found in any river, port, bay, or harbor, or on the high seas, within the jurisdictional limits of the United States, or hovering on the coasts thereof, and having on board any negro, mulatto, or person of color, with intent to sell such person as a slave, or with intent to land the same for that i)urpose, either in the United States or elsewhere, shall, together with her tackle, apparel, fuini- ture, and the goods or effects on board of her, be forfeited to the United States. R. s., 5556. It shall be unlawful for any citizen of the United States, or other person residing within them, directly or indirectly to hold or have any right or property in any vessel employed or made use of in the transportation or carrying of slaves from one foreign country or place to another, and any such right or property shall be forfeited, and may be libeled and condemned for the use of the person suing for the same; and every person transgressing the prohibition of this section shall also forfeit and pay a sum of money equal to double the value of his right or property in such vessel; and shall also forfeit a sum of money equal to double the value of the interest he had in the slaves, which at any time may be transported or carried in such vessel. R.s.,5557. The President is authorized, when he deems it expedient, to man and employ any of the armed vessels of the United States to cruise wherever he may judge attempts are mak- ing to carry on the slave-trade, by citizens or residents of the United States, in contravention of laws prohibitory of the same; and, in such case, he shall instruct the com- manders of such armed vessels to seize, take, and bring into any port of the United States, to bei)roceeded against according to law, all American vessels, wheresoever found, which may have on board, or which may be intended for the purpose of taking on board, or of transporting, or may have transported any negro, mulatto, or person of color, in violation of the provisions of any act of Congress pro- hibiting the trafic in slaves. R. s., 5558. The proceeds of all vessels, their tackle, apparel, and fur- niture, and the goods and effects on board of them, which are so seized, prosecuted, and condemned, shall be divided equally between the United States and the officers and men who seize, take, or bring the same into i)ort for condem- nation, whether such seizure be made by an armed vessel of the United States or revenue cutter thereof; and the same shall be distributed as is provided by law for the distribu- tion of i)rizes taken from an enemy. R.s.,5559. The officers and men, to be entitled to one-half of the proceeds mentioned in the last section, shall safely keep every negro, mulatto, or person of color, found on board of any vessel so seized, taken, or brought into port, for con- demnation, and shall deliver every such negro, mulatto, or PART XLVII. i^LAVE TRADE. 391 person of color, to the inarslml of the district into which he may be brought, if into a i)ort of tlie I'nited States, or if elsewhere, to such person as may be lawfully appointed by the President, in the manner directed bylaw; trans- mitting to the l*resident, as soon as may be after such delivery, a descriptive list of such negroes, mulattoes, or persons of color, in order that he may give directions for the disposal of them. The commanders of such commissioned vessels shall '-'^•.oseo. cause to be apprehended, ami talcen into custody, every person found on board of such otfeuding vessel, so seized and taken, being of the officers or crew thereof, and him convey, as soon as conveniently may be, to the civil author- ity of the United iStates, to be proceeded against in due course of law. The President is authorized to make such regulations and '^ ^ • ^^^^• arrangements as he may deem expedient for the safe-keep- ing, support, and removal beyond the limits of the United States, of all such negroes, mulattoes, or persons of color, as may be delivered and brought within their jurisdiction; and to appoint a proper j)ersou residing upon the coast of Africa as agent, for receiving the negroes, mulattoes, or persons of color delivered from on board vessels seized in the ])rosecution of tlie slave-trade, by commanders of United States armed vessels. A bounty of twenty-five dollars shall be paid to the offi- ^'- S-.5562. cers and crews of the commissioned vessels of the United States, or revenue cutters, for each negro, mulatto, or i)er- son of color, who may be, as hereinbefore provided, deliv- ered to the marshal or agent duly appointed to receive such person ; and the Secretary of the Treasury is required to i)ay, or cause to be paid, to such officers and crews, or their agent, such bounty for each person so delivered. It shall be the duty of the commander of any armed k. s.,5663. vessel of the Ignited States, whenever he makes any cap- ture under the preceding provisions, to bring the vessel and her cargo, for adjudication, into some of the ports of the State or Territory to which such vessel so captured may belong, if he can ascertain the same; if not, then to be sent into any convenient port of the United States. Every owner, master, or factor of any foreign vessel, ks.,5564. clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the slave trade, and the suspicion being declared to the officer of the customs by any citizen, on oath, and such information being to the satisfaction of the officer, shall first give bond with sufficient sureties, to the Treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board such vessel, to be trans- ported or sold as slaves, in any other foreign port or place whatever, within nine months thereafter. The forfeitures which may hereafter be incurred under R. s.,55e5. any of the preceding provisions, and which are not other- wise expressly disposed of, shall accrue and be one moiety 392 PART XLVII. SLAVE TRADE. thereof to tbe use of the informer and the other moiety to the use of the Uuited States, except wliere the prosecution is first instituted on behalf of the United States in which case the whole shall be to their use. K.s.,5566. It may be lawful for the President to enter into contract with any person, society, or body-corporate, for a term not exceeding live years, to receive from the United States, through their duly constituted agent upon the coast of Africa, all negroes, mulattoes, or persons of color, delivered from on board vessels seized in the prosecution of the slave- trade, by commanders of the United States armed vessels, and to provide such negroes, mulattoes, and persons of color with comfortable clothing, shelter, and provisions, for a period not exceeding one year from the date of their being landed on the coast of Africa, at a price in no case to exceed one hundred dollars for each person so clothed, sheltered, and ]3rovided with food; and any contract so made may be renewed by the President from time to time as found necessary, for periods not to exceed five years on each renewal. E.s.,5567. The President is authorized to issue instructions to the commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such rules and regulations as he may prescribe, to proceed directly to the coast of Africa, and there hand over to the agent of the United States all negroes, mulattoes, and persons of color delivered from on board vessels seized in the prosecution of the slave trade; and they shall afterward bring the cap- tured vessels and i)ei^sons engaged in prosecuting such trade to the Uuited States for trial and adjudication. R. s., 5568. It may be lawful for the President to enter into arrange- ment, by contract or otherwise, with one or more foreign governments having possessions in the West Indies or other tropical regions, or with their duly constituted agent, to receive from the United States, for a term not exceeding five years, at such place as may be agreed upon, all negroes, mulattoes, or persons of color, delivered from on board ves- sels seized in the prosecution of the slave-trade, by com- manders of United States armed vessels, and to provide them with suitable instruction, and with comfortable cloth- ing and shelter, and to employ them, at wages under such regulations as may be agreed upon, for a period not exceed- ing five years from the date of their being landed at the place agreed upon. R.s.,5569. The President is authorized to issue instructions to the commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such regulations as he may prescribe, to proceed directly to such place as shall have been agreed upon with any foreign gov- ment, or its duly constituted agent, under the provisions of the preceding section, and there deliver to the duly con- stituted authorities or agents of such foreign government all negroes, mulattoes, or persons of color, taken from on board vessels seized in the prosecution of the slave trade; and they shall afterward bring the vessel and persons PART XLVir. SLAVE TRADE. 393 engaged in ])rosecnting such trade to the United States for trial and adjudication. Every ])ersou who, being of the crew or ship's company i:. s.,5375. of any foreign vessel engaged in the shive-trade, or being of the crew or ship's company of any vessel owned wholly or in i)art, or navigated for or in behalf of any citizen, forcibly confines or detains on board such vessel any negro, or mulatto, with intent to make such negro or mulatto a slave, or, on board such vessel, offers or attempts to sell, as a slave, any negro or mulatto, or on the high seas, or anj^where on tide water, transfers or delivers to any other vessel any negro or mulatto with intent to make such negro or n)ulatto a slave, or lands or delivers on shore from on board such vessel any negro or mulatto with intent to make sale of, or having previously sold such negro or mulatto as a slave, is a pirate, and shall sufi'er death. Whoever shall knowingly and wilfully bring into the Juneai, 1874. United States, or the Territories thereof, any person invei- gled or forcibly kidnapped in any other country, with intent to hold such person so inveigled or kidnai)i)ed in confine- ment or to any involuntary service, and whoever shall knowingly and wilfully sell, or cause to be sold, into any condition of involuntary servitude, any other person for any term wliatever, and every person who shall knowingly and wilfully hold to involuntary servierson who shall be accessory to any of the felo- sec.2. nies herein declaicd, either before or after tlie fact, shall be deemed guilty of a felony, and oti conviction thereof be imprisoned for a tej m not exceeding five years and pay a fine not exceeding one thousand dollars. Every person, who, being of the crew or ship's company R.s.,5376. of any foreign vessel engagtd in the slave-trade, or being of the crew or ship's company of any vessel, owned in whole or part, or navigated for, or in behalf of, any citizen, lands from such vessel, and, on any foreign shore, seizes any negro or mulatto with intent to make such negro or mulatto a slave, or decoys or forcibly brings, or carries, or receives such negro or mulatto on board such vessel, with like intent, is a pirate, and shall suffer death. Every person who brings within the jurisdiction of the k-s.,5377. United States, in any manner whatsoever, any negro, mulatto, or i)er8on of color, from any foreign kingdom or country, or trom sea, or holds, sells, or otherwise disposes of, any negro, mulatto, or ])erson of color so brought in, as a slave, or to be held to service or laI)or, shall be fined not more than ten thousand dollars and not less than one thousand, one half to the use of the United States, and the other half to the use of the ])arty who i)rosecutes the indictment to effect, and, moreover, shall suffer imi)rison- ment at hard labor not more than seven years, nor less than three years. 394 PART XLVIl. SLAVE TRADE. K.s.,5378. Every person who builds, fits out, equijis, loans, or other- wise prepares, or sends away, either as master, factor, or owner, any vessel, in any port or place within the jurisdic- tion of the United States, or causes such vessel to sail from any port or place whatsoever, within such jurisdic- tion, for the purpose of procuring any negro, mulatto, or person of color from any foreign kingdom or country, to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of as a slave, or held to service or labor, shall be punished by a fine of not less than one thousand dollars, nor more than five thousand dollars, one- half to the use of the United States and the other half to the use of the person i^rosecuting the indictment to effect, and shall, moreover, be imprisoned at hard labor for a term not more than seven years, nor less than three years. R.s.,5379. Every citizen or other person resident within the juris- diction of the United States, who takes on board, receives, or transports from any foreign kingdom or country, or from sea, any negro, mulatto, or person of color, in any vessel, for the purpose of holding, selling, or otherwise disposing of such person as a slave, or to be held to service or labor, shall be punished as prescribed in the preceding section. E.s.,5380. Every captain, master, or commander of any American vessel found in any river, port, bay, harbor, or on the high seas, within the jurisdictional limits of the United States, or hovering on the coast thereof, having on board any negro, mulatto, or person of color for the purpose of selliug them as slaves, or with intent to land the same for any such pur- pose, shall be fined not more than ten thousand dollars, and be imprisoned at hard labor not less than two years, nor more than four years. R.s.,538]. Every citizen of the United States, or other person resid- ing therein, who voluntarily serves on board of any Ameri- can vessel employed or made use of in the transjjortation of slaves from any foreign country or place to another, shall be iiunished by a fine of not more than two thousand dol- lars, and by imprisonment not more than two years. K. s., 5382. Every citizen of the United States who voluntarily serves ou board of any foreign vessel employed in the slave-trade, shall be punished as prescribed in the preceding section. Part XLVIII.— l^ROTECTION OF SUBMARINE CABLES. 415. Protection of submarine cables. Any person who shall willfully and wrongfully break or Feb.29,i88& injure, or attempt to break or injure, or who shall in any manner procure, counsel, aier- formance of the duties of his olli(;o, for a sum, in the dis- cretion of the circuit judge, of not less than hve thousand dollars, with two good ami suHicient sureties tiierefor, to be ai)proved by such Judge; and shall take and subscribe the following oath before entering upon the duties of his office: "I do solemnly swear (or allirm, as the case may be) that I will sujjjjort the Constitution of the United States, and that I will truly and faithfully discharge the duties of a shii)piug-commissioner to the best of my ability, anrescribe; and the Sec- retary of the Treasury shall also obtain, through all sources accessible, including State and municipal sanitary authori- ties throughout tlie United States, weekly reports of the sanitary condition of ports and places within the United States, and shall prepare, publish, and transmit to collect- ors of customs and to State and munici]>al health officers and other sanitarians weekly abstracts of the consular sani- tary reports and other pertinent information received by him, and shall also, as far as he may be able, by means of the voluntary coiiperation of State and municipal authori- ties, of public associations, and private persons, procure information relating to the climatic and other conditions affecting the public health, and shall make an annual report PART L. ADMINISTKATIVH AND EXECUTIVE OFFICES. 419 of his operations to Congress, with snch recommendations as he may deem important to tlie public interests. Whenever the proper authorities of a State shall surrender scc. s. to the United States the use of the buildings and disinfect- ing apparatus at a State (juarantine station, the Secretary of the Treasury shall be authorized to receive them and to pay a reasonable compensation to the State for their use, if in his opinion they are necessary to the United States. The act entitled "An act to prevent the introduction of see. 9. infectious or contagious diseases into the United States, and to establish a national board of health,'" approved March 3, 1879, be, and the same is hereby, repealed. And the Secre- tary of the Treasury is directed to obtain possession of any property, furniture, books, paper, or records belonging to the United States which are not in the possession of an oflBcer of the United States under the Treasury Department which were formerly in the use of the iSTational Board of Health or any officer or employe thereof. 422. Immigration Bureau. The office of commissioner general of immigration is Mar.s.isoi. hereby created and established, and the President, by and sec.7. with the advice and consent of the Senate, is authorized and ^^"r. 2, 1895. directed to appoint such officer, whose salary shall be four thousand dollars per annum, i)ayable monthly. The com- missioner-general of immigration shall be an officer in the Treasury Department, under the control and supervision of the Secretary of the Treasury, to whom he shall make annual reports in writing of the transactions of his office, together with such special reports, in writing, as the Secretary of the Treasury shall require, and in addition to his other duties, shall have charge under the Secretary of the Treasury of the administration of the alien-contract labor laws. The Secretary shall provide the commissioner-general with a suitably furnished office in the city of Washington, and with such books of record and facilities for the dis- charge of the duties of his office as may be necessary. Ele shall have a chief clerk at a salary of two thousand dollars per annum and two first class clerks. The commissioners of immigration at the several ports Aug.i8,i894. shall be appointed by the President, by and with the advice and consent of the Senate, to hold their offices for the term of four years, unless sooner removed, and until their suc- cessors are appointed. 423. Life-Sailing Service. The President of the United States may, by and with .iunei8,i878. the consent of the Senate, appoint a suitable person, who sec.()iiit one supei- iutemleiit for the coasts of Delaware aiul \'ir<;iiiia, one for tbe coast of I'lorida, one for tlie (roasts of Lakes Erie and Ontario, one for the coasts of Lakes Huron and tSuj)erior, and one for tlie coast of Lake Micliifjan, and also a keeper for each of said stations and houses of refuge; and the said superintendents shall have the ])owers and perform the duties of inspectors of customs. The comi)ensatiou of each of the superintendents, to be •''''•■ 3- api)ointed under the provisions of the i)recedin.v the orders of the board, under the inunediatc superintcncl enee of their engineer secretary, or of such cii^ineer of the Army as may be detailed for that service. Hereafter it shall be the duty of the Lijiht-IIouse Board '"'y 7, mi. to apply the money appropriated, other than for surveys, as far as can be without detriment to the interests of the Government, by contract. Xo contract for the erection of any light house shall be 1;. s.,46G7. made except after j)ublic advertisement for proposals in such form and manner as to secure general notice thereof, and the same shall only be made with the lowest bidder therefor, ui)on security deemed sufficient in the judgment of the Secretary of the Treasury. Whenever any of the light- vessels occupying positions R. s.,46e8. which are adapted to the erection of lighthouses ui)on pile-foundations require to be rebuilt, or require such ex- tensive rei)airs as to render the substitution of such light- house advisable and practicable, such permanent struc- tures may be erected in place of any such light- vessels; but the expense arising from all such changes and erections shall be defrayed from the general annual appropriations for repairs, and so forth, of light- vessels, except when a special appropriation is made for such change. The Light-House Board, with the approval of the Secre- ks.,4669. tary of tlie Treasury, shall prescribe, and from time to time may alter or amend, and cause to be distributed, such reg- ulations as they deem proper for securing an efficient, uni- form, and economical administration of the Light-House Establishment. The Light-House Board shall arrange the ocean, gulf, R.s.,46to. lake, and river coasts of the L^nited States into light-house Ju'y 26,1886. districts, not exceeding sixteen in number. Any law or regulation i^rohibiting the employment in the light houses of the United States of persons more than forty-five years of age is hereby repealed. The jurisdiction of the Light-House Board is hereby juno 23,1874. extended over the Mississippi, Ohio and Missouri rivers for the establishment of such beacon lights, day beacons, and buoys as may be necessary for the use of vessels navi- gating those streams; and for this purpose the said board is hereby required to divide the designated rixcrs into one or two additional light-house districts, to be in all respects similar to the already existing lighthouse districts; and is hereby authorized to lease the necessary ground for all such lights and beacons as are used to point out (;hangeable channels and which in consequence can not be made per- manent. An officer of the Army or Navy shall be assigned to ks.,467i. each district as a light house inspector, subject to the orders of the Light-House Boaid; and shall receive for such serv- ice the same i)ay and emoluments that he would be entitled to by law for the performance of duty in the regular line of his profession, and no other, except the legal allowance 430 PART L. ADMINISTRATIVE AND EXECUTIVE OFFICES. l)er mile, when traveling under orders connected with his duties. K.s.,4672. The Secretary of the Treasury shall assign to any of the coll< ctors of the customs the superintendence of such light- houses, beacons, light-ships, and buoys, as he deems best. K.s.,4C73. The Secretary of the Treasury is authorized to regulate the salaries of the respective keepers of light-houses in such manner as he deems just and proper, but the whole sum allowed for such salaries shall not exceed an average of six hundred dollars to each keeper. R.s.,4674. j^\^Q Secretary of the Treasury may, upon the recom- mendation of the Light-House Board, discontinue from time to time such lights as may from any cause become useless or unnecessary. And he may, upon the like recom- mendation, from time to time re-establish any lights which have been thus discontinued, whenever he believes such re-establishment to be required by public convenience or the necessities of trade or commerce. E. S..4675. The Secretary of the Treasury shall have power to order the sale at auction, after due public notice, of any real estate or other property pertaining to the light-house estab- lishment, no longer required for lighthouse purposes; the proceeds of such sales, after the payment therefrom of the expenses of making the same, to be deposited and covered into the Treasury as miscellaneous receipts, as now pro- vided by law in like cases. 11. s., 4679. ^o additional salary shall be allowed to any civil, mili- tary, or naval officer on account of his being employed on the Light-House Board, or being in any manner attached to the light-house service. U.S., 4680. ]>^Q member of the Light-House Board, inspector, light- keeper, or other person in any manner connected with the light-house service, shall be interested, either directly or indirectly, in any coji tract for labor, materials, or supplies for the light house service, or in any patent, ])lan, or mode of construction or illumination, or in any article of supply for the light-house service. 426. Treasury agents. R.s.,2649. The Secretary of the Treasury may appoint one super Mar.3,1891. visiiig S[)ecial agent, who shall receive in addition to the necessary traveling exi)enses actually incurred by him, a compensation of ten dollars per day; eighteen special agents, who shall each receive in addition to the necessar\ traveling ex])enses actually incurred by him, a compensa tion to be fixed by the Secretary of the Treasury, not to exceed eight dollars per day; and nine si>ecial agents, who shall each receive in addition to the necessary traveling expenses actually incurred by him, a compensation to be fixed by the Secretary of the Treasury not to exceed six dollars per day, for the purpose of making the examiiia tions of the books, papers, and accounts of collectors and other officers of the customs, and to be employed generally, PART L. — ADMINISTRATIVE AND EXECUTIVE OFFICES. 431 under the direction of the Secretary, in the prevention and detection of frands on the customs rcvenne; and the expense thereof shall be charjicd to the ''appropriation to tlefray the expense of collecting the revenue from customs.'' The Secretary of the Treasury may, from time to (ime, k.s.,265i. make such regulations not inconsistent with law, for the government of the sjjccial agents, as he deems expedient, and may rescind or alter regidatious so made. I>ut no special agent, in addition to those authorized by the two preceding sections [Sec. 204J> as amended], shall be ap- pointed or employed ai)on any business relating to the customs revenue; nor shall any sum be paid to any agent authorized to be employed for mileage or any other expen- ses except such as are actually incurred in the discharge of his official duty. It shall be the duty of all officers of the customs to exe k.s.,2662. cute and carry into effect all instructions of the Secretary of the Treasury relative to the execution of the revenue laws; and in case any difficulty shall arise as to the true construction or meaning of any part of the revenue laws, the decision of the Secretary of the Treasury shall be conclusive and binding upon all officers of the customs. The Secretary of the Treasury is hereby authorized, when R- s-, 2653. ever he shall think it advantageous to the public service, to abolish or suspend the offi(;e of naval officer, or any other subordinate office, in any collection-district of the United States, except in Boston, New York, Philadelphia, Balti- more, Charleston, Savannah, Portland in Maine, and San Francisco, and to assign the duties of the office or any other subordinate office so abolished or suspended to a deputy collector or inspector of the customs; and so much of all fines, penalties, and forfcitun s as would otherwise inure to either of such naval officers shall, after the dis- continuance of their offices, respectively, be i)aid into the Treasury of the United States, and there credited to the fund for defraying the expenses of collecting the revenue from customs. The Secretary of the Treasury is authorized to appoint k s.,in73. one agent and three assistant agents, who shall be charged with the management of the seal fisheries in Alaska, and the performance of such other duties as may be assigned to them by the Secretary of the Treasury. The agent shall receive the sum of ten dollars each day, k. '^ lo^i one assistant agent the sum of eight dollars each day, and two assistant agents the sum of six dollars eacli da\ while so employed; and they shall also be allowed their necessary traveling exi)enses in going to and returning from Alaska, for which expenses vouchers shall be pre- sented to the i)roper accounting officers of the Treasury, and such expenses shall not exceed in the aggregate six hundred dollars each in any one year. Such agents shall never be interested, directly or indi- us. 1975. rectly, in any lease of the right to take seals, nor in any 432 PART L. ADMINISTRATIVE AND EXECUTIVE OFFICES. proceeds or profits thereof, eitlier as owner, agent, partner, or otherwise. II. s., 1976. Such agents are empowered to administer oaths in all cases relating to the service of the United States, and to take testimony in Alaska for the use of the Government in any matter concerning the i)ublic revenues. K.s.,2999. For the purpose of better guarding against frauds upon the revenue on foreign merchandise transported between the ports of the Atlantic and tliose of the Pacific overland through any foreign territory, the Secretary of the Treasury may appoint special sworn agents as inspectors of the cus- toms, to reside in such foreign territory where such mer- chandise may be landed or embarked, with power to superintend the landing or shipping of all merchandise, passing coastwise between the ports of the United States on the Pacific and the Atlantic. It shall be their duty, under such regulations and instructions as the Secretary of the Treasury may prescribe, to guard against the per- petration of frauds upon the revenue. The comi)ensation paid to such inspectors shall not in the aggregate exceed five thousand dollars per annum. 427. Coast and Geodetic Survey. R. s.,46si. The President is authorized to cause a survey to be taken of the coasts of the United States, in which shall be desig- nated the islands and shoals, with the roads or places of anchorage, within twenty leagues of any part of the shores of the United States; and also the respective courses and distances between the principal capes or headlands, to- gether with such other matters as he may deem proper for completing an accurate chart of every part of the coasts. E.s.,4682. The President may also cause such examinations and observations to be made with respect to Saint George's Bank, and to any other bank, or shoal, and the soundings and currents, although beyond the distance of twenty leagues from the sbore to the Gulf Stream, as he may deem especially sul)servient to the commercial interests of the United States. R.s.,4683. ^11 approi)riations made for the work of surveying the coast of the United States shall be expended in accordance with the plan of reorganizing tlie mode of executing the survey which has been submitted to the President by a board of officers organized uiuler the act of March three, eighteen hundred and forty-three, chapter one hundred. R.s.,4684. The President shall carry into eiifect the plan of the board, as agreed upon by a majority of its members; and shall cause to be employed as many officers of the Army and Navy of the United States as will be compatible with the successful ])rosecution of the work ; the officers of the Navy to be employed on the hydrographical parts, and the ofldcers of the Army on the topographical parts of the work; and no officer of the Army or Navy sliall receive any extra pay out of any appropriations for surveys. PART L. ADMINISTRATIVE AND KXKC'UTIVE OFFICES. 433 The President is authorized, in executiiiii- the iirovisions k.s.,4«85. of this Title 1 11. S.,4()81-4{)!)1 1, to use all mai)S,ehjuts. books, instruments, and apparatus belonging; to the United States, and to direct wliere tlie same shall be dei)osited, and to emi)loy all pei'sons in the land or naval service of the United States, and such astronomers and other persons, as he shall deem proper. The President is authorized, for any of the purposes of r.s.,4686. surveying- the coast of the United States, to cause to be employed such of the public vessels in actual service as he deems it expedient to employ, and to give such instructions for regulating their conduct as he deems proper, according to the tenor of this Title [K. S., 4681-4091], OHicers of the Army and Navy shall, as far as practica- r.s.,4087. ble, be employed in the work of surveying the coast of the United States, whenever and in the manner required by the Department having charge thereof. The Secretary of the Treasury may make such allowances R.s.,4688. to the officers and men of the Army and Navy, while em- ployed on Coast Survey service, for subsistence, in addition to their compensation, as he may deem necessaiy, not exceeding the sum authorized by the Treasury regulation of the eleventh daj^ of May, eighteen hundred and forty- four. Nor shall there hereafter be made any allowance for sub- Aug.yo.isoo. sistence to oflicers of the Navy attached to the Coast and Geodetic Survey, except that wiien otiicers are detached to do work away from their vessels under circumstances involving them in extra expenditures, the Superintendent may allow to any such officer subsistence at a rate not exceeding one dollar per day for the period actually covered by such duty away from such vessel. The salary of the Sui)erintendent of the Coast Survey r.s..4689. shall be six thousand dollars a year. The Coast Survey report shall be submitted to Congress R.Sm469u. during the month of December in each year, and shall be accompanied by a general chart of the whole coasts of the United States, on as large a scale as convenient and prac- ticable, showing, as near as practicable, the configuration of the coasts, and showing, by lines, the probable limits of the Gulf Stream, and showing, by lines, the probable lin)it to which the soundings oft' the coast will extend, and show- ing, by the use of colors and explanations, the exact por- tions of our coasts, of which complete charts have been l)ublished by the Coast Survey; also, showing such other parts of the coasts of which the triangulation, the topog- raphy, and the soundings huxe been completed, but not published, and, also, such parts of the coasts of which the triangulation and topography, or the triangulation only, have been completed. 428. District court commissioners. The terms of oflice of all commissioners of the circuit May 28, i896. courts heretofore aiipointed shall expire on the thirtieth day NAV {»!), PT 2 li8 434 PART L. ADMINISTRATIVE AND EXECUTIVE OFFICES. of June, eighteeu liundred and niiiety-seveu ; aud such office shall on that day cease to exist, aud said commissioners shall then deposit all the records and other official papers appertaining to their offices in the office of the clerk of the circuit court by which they were appointed. All proceed- ings pending, returnable, unexecuted, or unfinished at said date before any such commissioner shall be continued and disposed of according to law by such commissioner appointed as herein provided, as may be designated by the district court for that purpose. It shall be the duty of the district court of each judicial district to appoint such number of persons, to be known as United States commissioners, at such places in the district as may be designated by the dis- trict court, which United States commissioners shall have the same powers and perform the same duties as are now imposed upon commissioners of the circuit courts. The appointment of such United States commissioners shall be entered of record in the district courts, and notice thereof at once given by the clerk to the Attorney-General. That such United States commissioners shall hold their offices, respectively, for the term of four years, but they shall be at any time subject to removal by the district court; and no person shall at any time be a clerk or deputy clerk of a United States court and a United States commissioner with- out the approval of the Attorney-General: Provided, That all acts and parts of acts applicable to commissioners of the circuit courts, except as to appointment and fees, shall be applicable to United States commissioners appointed undei this Act. Warrants of arrest for violations of internal rev- enue laws may be issued by United States commissioners upon the sworn complaint of a United States district attor- ney, assistant United States district attorney, collector or deputy collector of internal revenue, or revenue agent or private citizen, butuo such warrant of arrest shall be issued upon the sworn complaint of a private citizen unless first approved in writing by a United States district attorney. That United States commissioners and all clerks of United States courts are hereby authorized to administer oaths. Part LL— FEES PAYABLE BY PRIVATE PERSONS. 429. Fees on vesseis payable oy private persons. [Note— By section 1 of the act of Juno 19, 1886, and .section 22 of the act of Juno 10, 1890. the system of compensating officers of the Governnicnti enforcing the navigation hiws was materially clianged. Nearly all the fees itreviou.sly collected by tlicni from masters and owners of vessels of 1 he United States for services rendered were abolished, and payment made directly from the Treasury on the basis of the former fees. For this reai»on, wherever practicable in the text of tliis compilation, provisions requiring the payment of fees have been omitted as no longer in forre between the master or owner of a vessel of the United Staters and the Government, but in force only as determining the compensation, in some instances, paid by the Government to its emnloyees. Following aie the seclions of law above referred to, with a scliennle of th(^ fees which still remain payable by the owner, master, or agent of a vessel of the Tnited States at ports on the seaboard and western rivers, and also at ports on the Great J^akes and northern, northeastern, and northwestern frontiers.] On and after July first, eigkteeu hundred and eighty-six, ■T"'>o19, isse. no fees sliall be charged or collected by collectors or other officers of customs, or by inspectors of steam- vessels or ship- ping commissioners, for the following services to vessels of the United States, to wit: Measurement of tonnage and certifying the same; issuing of license or granting of cer- tificate of registry, record, or enrollment, including all in- dorsements on the same and bond and oath; indorsement of change of master; certifying and receiving manifest, including master's outli and permit ; granting permit to ves- sels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hyi^othecation, or conveyance, or the dis- charge of such mortgage or hypothecation; furnishing cer- tificate of title; furnishing the crew list, certificate of j^ro- tection to seamen; bill of health; shipping or discharging of seamen, as provided by title fifty-three of the Revised Statutes [R. S., 4501-4612] and section two of this act; ap- prenticing boys to the merchant service; inspecting, exam- ining, and licensing steam- vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel ; and all provisions of laws authorizing or ref|uiring the collection of fees for such services are repealed, such repeal to take effect July first, eighteen hundred and eighty-six. Collectors or other offi- cers of customs, inspectors of steam- vessels, and shipping commissioners who are paid wholly or i)artly by fees shall make a detailed report of such services, and tlie fees i)ro- • vided bylaw, to the Secretaiy of the Treasury, under such regulations as that oftic.er may ])rescribe; and the Secretary of the Treasury shall allow and i)ay, fi-om any money in the Treasury not otherwise ai)propriated, said officers such com- pensation for said services as ea<;h would have received prior to the passage of this act; al.'^o such compensation to clerks of shipi>ing commissioners as would ha\e been i)aid them had this act not ]>assed : f'rovided, That sucli services have, in the opinion of the Secretary of the Treasury, been necessarily rendered. 435 436 PART LI. FEES PAYABLE BY PRIVATE PERSONS. June 10, 1890. ji^\\ fees Gxactecl and oaths administered by officers of the Sec. 22. customs, except as provided in this act, under or by virtue of existing laws of the United States, upon the entry of imported goods and the passing thereof tlirough the cus- toms, and also upon all entries of domestic goods, wares, and merchandise for exportation, are hereby abolished: * * * Provided, That where such fees, under existing laws, constitute, in whole or in part, the compensation of any officer, such officer shall receive, from and after the passage of this act, a fixed sum for each year equal to the amount v>hich he would have been entitled to receive as fees for such services during said year. FORTS OX ATLANTIC, PACIFIC, AND GULF COASTS AND WESTERN RIVERS. For inspector's certificate to cancel bond, etc $0. 20 Granting permit to a vessel not belonging to a citizen of the United States to go from district to district, and for receiving manifest 2.00 Receiving manifest, and granting permit to unload, for last-mentioned vessel on arrival at one district from another 2. 00 Entry of vessel of 100 tons or more from foreign port 2. 50 Entry of vessel under 100 tons 1. 50 Clearance of vessel of 100 tons or more for a foreign port 2. 50 Clearance of vessel under 100 tons 1. 50 Post-entry 2.00 Bond taken officially, not otherwise provided for, except when executed in connection with the entry or inissage of goods through the customs, or Avith the entry of merchandise for exportation 40 Official certilicate, except as above stated 20 Collector's certilicate to shipping articles 20 Special certificate to cancel bond not given in connection with entry of mer- chandise, etc., under act 1890 20 Certified copy of outward manifest, if required 20 Copy of marine document. ,. 20 Official documents (United States vessels' documents excepted) required by any merchant, owner, or master of any vessel not before enumerated, including bills of health for foreign vessels 20 Services other than admeasurement to be performed by the surveyor in foreign- going vessels of 100 tons or more, having on board merchandise subject to to duty. Revised Statutes, 4186 (not applicable to vessels without cargo but w^itli excess of sea-stores) 3. 00 For like services in vessels under 100 tons having similar merchandise 1.50 For like services on all foreign-going vessels not having merchandise subject to duty 67 Certified copy of bill of sale, mortgage, or other conveyance 50 Duties performed by the surveyor on vessel of 100 tons or upwards, if there be dutiable cargo 3. 00 Duties performed by surveyor on vessel of less than 100 tons, if there be dutiable cargo 1. 50 Duties performed by surveyor on vessel of whatever tonnage with free cargo or ballast 67 Tonnage duty, if due Certificate ])ayment tonnage dues, foreign vessel 20 Bill of health, foreign vessel 20 Bond to retain cargo on board, if recjuired 40 Certificate of American growth or production, if required 20 Clearance of an American vessel for a foreign port: Fee same as above (but no fee collectible for bill of health, certificate jiayment tonnage tax, crew- list, or bond). Certificate to shipping articles, if required 20 The fees allowed to surveyors for services other than admeasurement on board vessels may be charged by the collectors performing such services at ports where there are no surveyors, but such fees will not be collected from coasting vessels. Fees for the admeasurement of vessels under 5 tons in burden will not be charged. Collectors may receive port warden's, health officer's, and harbormaster's fees where it is a matter of convenience to all parties concerned. PART LT. FEES PAYABLE liY PRIVATE PERSONS. 437 The term "legal fees," used in section 420(), Kmiscd .Stnlntes, ilops not ine:in pilot- ajje, half-pilotaji'e, orsiniilar local ehaifjcs. Masters of passonj^er vessels from foreij;n territory not contiguous to the United States are re(iulreort warden's, health officers, and harbor-master's fees where it is a matter of convenience to all parties concerned. The term "legal fees," used in section 4206, Revised Statutes, does not embrace pilotage, half-pilotage, or similar local charges. Masters of passenger vessels from foreign territory not contiguous to the United States are required to pay, within twenty-four hours from entry, to the collector of customs at the port of arrival, $10 for each passenger over 8 years of age (not being a cabin passenger), who shall have died of natural disease [A.SSACHUSETTS. Xe wbwryport Gloucester Salem and Beverly Marbleliead Boston and Charlestown Plymmith Barnstable Burlington. St. Albans, subport of entry. Alburg, snbport of entry. East Alburg, subport of entry. Swanton, .subport of entry. Highgate, subport of (jntry. Franklin, subporf of entry. West Berlisbire, snbport of entry. Windmill Point, subport of entry. Kichford, subport of entry. Newport. Norlb Troy, subport of entry. Derbyline, subport of entry. Island Potid, subport of entry. Canaan, subport of entry. Beecher Falls, subport of entry. Newburyport . Gloucester. Salem Marblebead. Boston Plymoutb Barnstable. Nantucket ! Nantucket. Edgartown I Edgartown. New Bedford | New Bedford i Fall Kiver Fall Piver..., RHODE ISLAND. Newport Newport. Bristol and Warren : Bristol and Warren. Providence ' Providence Amesbury. Salisbury. Haverbill. Newbury. Ipswich. Manchester. Eockport. Dan vers. Lynn. Medford. Coh asset. Hingham. Weymouth. Cambridge. 1 Eoxbury. \ Dorchester. Scitnato. Kingston. I Duxbury. j Marshtield. Sandwich. Falmouth. Harwich. Wellfleet. Provincetown Chatham. Dennis. Westport. Rochester. Wareham. Swansea. Somerset. Freetown. Berkley. Taunton. North Kingston. Tiverton. Barriugton. Pawtuxent. East Greenwich. PART LII. CUSTOMS DISTRICTS, PORTS, AND SUBPORTS. 441 Customs disfrirls and pnrlx of cnlrij mid dilirery — Contiiuiod. Districts. Ports of entry. Porta of delivery. CONNECTICUT Stonington New London Hartford Champlain Oswegatcbie.. Cape Vincent. Oswego Genesee Niagara Butfalo Creek . Stonington . Now I^ondon Hartford New Haven Fairtield NEW YORK. Sag Harbor City of New York.. Plattsburg , Ogdensburg. Cape Vincent. Oswego. Eiver Genesee (Rochester). Niagara Falls. Buffalo. Dunkirk 1 Dunkirk. NEW .lERSEV. Newark Newark Perth Amboy Perth Aniboy . Little Egg Harbor [ Tuckerton. Great l-'gg Harbor Somers Point. New Haven Bridgeport Stamford, subport of entr.\ Sag Harbor New York Jersey City, N. J Piiwoaluck Rivor. Norwich. Groton. Lyme. Savbrook. Enlield. Clinton. Westbrook. Old Saybrook. Essex. Chester. Haddam. East Haddam. Middlotown. Chatham. Portland. Cromwell. Rocky Hill. Wctherslield. Glastonbury. East Hartford. Springtield, Mass. Vernon (Rockville* Guilford. Branford. Milford. Derby. Norwalk. Stratford. Greenwich. Greenport. New Windsor. Newburg. Poughkeepsie. Esopus. Kinderhook. Albany. Hudson. Troy. Rhinebeck Landing. Cold Spring. Port Jeflersou. Patchogue. Syracuse. Wbitoball. Fort Covington. Barcelona. Silver Creek. Cattaraugus Creek. Elizabeth. Now Brunswick. Middletown Point. 442 PA1?T TJI. CUSTOMS DISTRICTS, PORTS, AND SUBPORTS. Customs districts and ports of entry and delivery — Continued. Districts. Ports of entry. Ports of delivery. NEW .lERSEY— CDIltinuod. Kridgeton Burlington PENNSYLVANIA. Pliiladeljiliia Erie Pittsburg DELAWARE. Delaware MARYLAND. Eastern Baltimore Annapolis DISTRICT OF COLUMBIA. Georgetown VIRGINIA. Cherrystone Alexandria Tappahannock Xewport News Norfolk and Portsmouth Petersburg Richmond NORTH CAROLINA. Albemarle Pamlico Beaufort \Vilmingto7i SOUTH CAROLINA. Georgetown Charleston Beaufort GEORGIA. Savannah BrunsTivicl'C Bridgeton Trenton Philadelphia. Erie Pittsburg. Wilmington Crisfield . . Baltimore - Annapolis . Wa.shington. Cape Charlea City (Eastville). Alexandria Tappahannock St. Marvs . Newport News Norfolk and Portsmouth Petersburg to City Point. Richmond. West Point, subport of entry and delivery. Edenton. Newbern. Beaufort. Wilmington. Georgetown. Charleston. Beaufort. Savannah.. Brunswick . St. Marys . . Salem. Port Elizabeth. Trenton. Camden, N. J. Chester. Titusville. New Castle. Port Penn. Delaware City. Salisbui-y. Cambridge. Easton. Havre de Grace. Benedict. Lower Marlboro. Town Creek. Cedar Point. Nottingham. St. Marys. Snow Hill. Folly Landing. Potomac. Port Royal. Fredericksburg. Yeocomico. Torktown. Suffolk. Smithfleld. Augusta. Frederica. Darien. Atlanta. PART LI I. ('lTSTO:\IS DISTRICTS, PORTS, AND SUIiPORTS. 443 (itsloinn ilititriclH and povtx of fiilri/ and dclivenj — C'oiitimu'il. DistrictB. Porta of entry. Ports of delivery. FLORIDA. Fernandiua Feruandina. St. Jolins Jacksonville. St. xVugustinc St. Angnstine. Jansen, subport of entry. Key ^X^^^t Key "West. Punta Gorda, subport of entry. Palm Beach, subport of entry" and delivery. Miami, subport of entry. Tanipii Tampa. Cedai' Kov.s , -.-.. St. Marks St. Marks. Magnolia. Ocala. Apalacliicdla Apalachicola. Pensacola IV'iisacola. ALABAMA. Mobile Mobile Montgomery. MISSISSIPPI. Pearl Iliver Shieldsboro (Bay St. Louis) Scran ton. PearlingtOM. Ship Island. Natchez Natchez Grand Gulf. Vicksburg Vicksburg. LOUISIANA. New Orleans New Orleans - Wheeling, W. Va. Council Bluffs, Iowa. Cincinnati, Ohio. Louisville, Ky. St. Louis, Mo. Sioux City, Iowa. Moinphis, 'i'enu. Evan.sville, Ind. Burlington, Iowa. Dubuque, Iowa. Leavenworth, Kaiis. Omalia, Nebr. Kansas City, Mo. St. Joseph, Mo. Slireveport, La. La Crosse, Wis. Cliattanooga, Tenn. Portsmouth, Ohio. Padueah, Ky. Lincoln, Nebr. Knoxville, Tenn. Teche Brashear (Morgan City). TEXAS. Galveston Galveston Sabine. Velasco, subport of entry. Houston. Sabine Pass, subport of entry and delivery. Saluria Eagle Pass San Antonio. Matagorda. Copano. Lavaca. Corpus Christ! Corpus Christi Aransas. Laredo, subjiort of entry. Kockport, subport of entry. Brazos de Sant iago Brownsville. Pas del Korto El Paso. CALIFORNIA. San Diego San Diego. Los Angeles. Los Angeles Santa Barbiirn, sii'.i;ii:rt of entry. 444 PART LTI. CUSTOMS DISTRICTS, PORTS, AND SUBPARTS. Customs districls and ports of entrtj and delivery — Continued. Districts. Ports of entry. Ports of delivery. CALIFORNIA — continued . S:iii Francisco lliuiiboldt OREGON AND WASHINGTON. Southern district of Oregon . Yaquina Oregon Willamette Puget Sound Alaska. MONTANA AND IDAHO. Montana and Idaho MINNESOTA. Minnesota Duluth WISCONSIN. Milwaukee MICHIGAN. Michigan Huron Detroit Superior INDIANA AND ILLINOIS Chicago San Francisco Oakland, subport of entry. Eureka (.'oos Bay (Empire City) Yaquina Astoria. Portland. Port Townsend. Spokane, subport of entry. Seattle, subport of entry. Taconia, subport of entry. Port Angeles, subport oi' entry. New Whatcom, subport of entry. Aberdeeu, subport of eutry. Blaine, subport to entry. Everett, subport of entry. Northport, subport of entry. Sumas, subport of entry. Nelson, subport of entry. Roche Harbor, subport of entry. Sitka. Wrangel, subport of entry. Mary Island, subport of entry. Juneau, subport of entry. Kodiak, subport of entry. Unalaska, subport of entry. Circle City, subport of entry. Cook's Inlet, subport of entry. St. Michael s Island, subport of entry Unga, subport of entry. Karluk, subport of entry. Dyea, subport of entry. Skagway, subport of entry. Orca, subport of entry. Great Falls Vallejo. San Luis Obispo. Crescent Citv. Ellensburg. Port Oxford. Gardner. Nevrport. St. Paul. Minneapolis, subport of entry. Milwaukee Grand Haven Port Huron. Detroit. Marquette Superior, subport of entry. Ashland, subport of entry. Gladstone, subport of entry Chicago Bonners Ferry. Kenosha. Racine. Sheboygan. Green Bay. Depere. Cheboygan . Manistee. Ludington. Sault Ste. Marie. Mackinaw. Grand Rapids. "Waukeegan . Michigan City. Cairo. Rock Island. Peoria. Galena. PART LII. CUSTO^rS DISTRICTS, PORTS, AND SUHPORTS. 445 Cuslomn (ll>ilrictn and ports of entry and ddirenj — C'DUtiniU'il. Districts. Ports of entry. Ports of delivery. INDIANA. OHIO. Toledo. Saiiduskj'. Fairjjort. ColiiinbuB. COLORADO. Conueaut, subport of entry. ABIZONA. Nogales. I'uolilo. Durango LeadN'ule. NORTH AND SOUIII DAKOTA. TENNESSEE. IOWA. Ports at which merchandi.se may be entered for transportation to other ports without appraise ment under the act of June lo, 1880. Boston, Mass. Baltimore, Md. Bath, Me. Bangor, Me. Beecher Falls, Vt. Burlington, Vt. Cliicago, 111. Charleston, S. C. Cleveland, Oliio. Detroit. Mich. Duluth, Minn. Fernandina, Fla. Galveston, Tex. Glad.stone, Mich. Island Pond, V't. Key We.st, Fla. Los Angtle.s, Cal. Marquette, Mich. Miami, Fla. Mobile, Ala. New York, N. Y. Newport News, Va. Newport, Vt. New Orleans, La. Norfolk, Va. Ogdensburg, N. Y. Piiiladelphia, Pa. Portland, Me. Port Huron, Midi. Portland, Oreg. Port Townsend, Wa.sb. Peu.sacola, Fla. Richford. Vt. liocbester, N. Y. St. An)ans, Vt. Savannah, fla. San Francisco, Cal. Sault Ste. Mario, Mit Seattle, Wash. Sau Diego, Cal. Sioux City, Iowa. Taconia, ^Vash. Tampa, Fla. Toledo, Ohio. Vanceboro, Me. Ports to which merchandise may be transported without appraisement under the act of June 10, 1880. Atlanta, Ga. Albany, N.Y. ButJalo, N.Y. Burlington, Vt. Boston, Mass. Baltimore, Md. Bath, Me. Bangor, Me. Bridgeport, Conn. Charleston. S. C. Chicago, 111. Ciucinnati, Ohio. Council Bluffs, Iowa. Cleveland, Ohio. Columbus, Ohio. Detroit, Mich. Denver, Colo. Duluth, Minn. Dubuque, Iowa. Diiranjio, Colo. Des Moines, Iowa. Dunkirk, N. Y. Entields, Conn. Erie, Pa. Evansville, lud. Galveston, Tex. Gladstone, Mich. Grand Haven. Mich. Grand Rapids. Mich. Hartford, Conn. Indianajiolis, Ind. Jacksonville, Fla. Kansas City, Mo. Key West, "Fla. Knoxville. Tonn. Leadvillo, Colo. Louisville, Ky. Lincoln, Nobr. Los Angeles, Cal. Maniuette, Mich. Middletown, Conn. Minneapolis, Minn. Milwaukee, Wis. Memphis, Tenii. Mobile, Ala. Naslivilb;, Tenn. Newark, N J. New])ort News, Va. New York, N. Y. New Haven, Conn. Norfolk Va. New Orleans, La. Oakland, Cal. Ocala, Fla. Omaha, Nebr. Ogdensburg, N.Y. Providence, R. I. I'hiladelphia, Pa. Pittsburg, Pa. Portland, Mo. Portsmouth, N. H. Port Huron. Midi. Portland, Oreg. Port Townsend, Wash. Pueblo, {/'olo. Uiehinond, \a. Rochester, N. Y. Sandusky, Ohio. Sioux City, Iowa. Sau Antonio, Tex. SpringUeld, Mass. Savannah, Ga. St. Augustine, Fla. St. Louis, Mo. St. Joseph, Mo. St. Paul, Minn. San Francisco, Cal. San Diego, Cal. Sault Ste. Marie, Mich. Seattle, Wash. Syracuse, N. Y. Tam]).!, Fla. Tacoma. Wasli. Titus\ ille, Pa. Toledo, Ohio. Vanceboro, Me. \'orniui (Kockville),Conn. Washiiigtc.il, D. C. Wilmington, Del. Wilmington, N. C. 446 PART Lll. CUSTOMS DISTRICTS, PORTS, AND SUBPORTS. Ports at which bonded warehouses are established. Apalachicola, Fla Astoria, Oroe. iBaltimore, Md. Barnstable, Mass. Boston, Mass. Bangor, Me. Bootlibay, Me. Bridgeport, Conn. Batb, Me. Burlington, Yt. Bonners Ferrv, Buflalo, N. T. ■ Cincinnati, Obio. Chicago, 111. Columbus, Ohio. Chattanooga, Tenu. Castiue, Me. Chatham, Mass. Charleston, S. C. Cape Vincent, N. T. 1.1: Dnlutli, Minn. Detroit, Mich. Denui.s, Ma.ss. Denver, Colo. Erie, Pa. Ellsworth, Me. Evausville, Ind. Eastport, Me. El Paso, Tex. Eagle Pass, Tex. iho Fall River, Mass. Grand Kapids, Mich. Gloucester, Mass. Galveston, Tex. Grand Haven, Mich. Hartford, Conn. Indianapolis, Ind. Key West, Fla. Kansas City, Mo. Louisville, Ky. Lincoln, Nebr. Marquette, Mich. Minneapolis, Minn. New VTork, K. Y. Newburyport, Mass. Newark, N. .1. New London, Conn. New Haven, Conn. New Orleans, La. Oswego. N. Y. Omaha, Nebr. Portland, Me. Philadelphia, Pa. Portland, Oreg. Port Huron, Micb. Portsmouth, N. H. Pembina, N. Dak. Port Townsend, Wash. Perth Ambov, N. J. Pittsburg, Pa. Providence, R. I. I'roviucotown, Mass Pensacola, Fla. Plymouth, Mass. Plattsburg, N. Y. llocbester, N. Y. St. Joseph, Mo. St. Paul, Minn. Savannah, Ga. San Diego, Cal. Niagara Falls, N Salem, Mass. San Francisco, Cal St. Louis, Mo. Syracuse, N. Y. Tampa, Fla. Toledo, Ohio. Wilmington, N. C. WeliUeet, Mass. Y. Washington, D. C, Wheeling, W. Va., Wilmington, Del., Goods in bond arriving at the ports of — Albany, N. Y., Memphis, Tenn., Ogdensburg, N. Y., Alexandria, Va., Mobile, Ala., Peoria, 111., Brownsville, Tex., Nashville, Tenn., Eichmond, Va., Charleston, S. C, Newbern, N. C, Sandusky, Ohio., Dubuque, Iowa., Norfolk, Va.. St. Augustine, Fla., are stored in the custom-house premises at those ports. Ports designated by the Secretary of the Treasury under authority of section 3005, Revised Statutes, from which imported merchandise may be forwarded in bond in transit through the United States to the Republic of Mexico. Baltimore, Md. Eagle Pass, Tex. New York, N. Y. San Francisco, Cal. Boston, Mass. El Paso, Tex. New Orleans, La. San Diego, Cal. Corpus Christi, Tex. Galveston, Tex. Nogales, Ariz. Detroit, Mich. Laredo, Tex. Phfladeli)hia, Pa. 431. Power to designate ports and subparts. Mar. 16, 1896. Sucli otliep ])laces [in Alaska] as may be designated by the Secretary of the Treasury, as the interests of commerce may retjuire, shall be subi^orts of entry or delivery or both ; and .customs olHcers shall be stationed at sucli subports, with authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other services and receiv^e such compensation as in the judgment of the Secretary of the Treasury the exigencies of commerce may require. May 22, 1896. Such othcr places in the State of Colorado as the Sec- Sec.2. retary of the Treasury may designate from time to time shall be ports of delivery, with all the privileges now accorded by law to the i)ort of Denver, Colorado, the sur- veyor of customs of which port shall supervise the customs business transacted at such places in the same manner and to the same extent as at Denver. June 10, 18%. Such placcs iu the collection districts in the State of Florida as the Secretary of the Trejisury may from time to time designate shall be subports of entry and delivery, and customs officers shall be stationed at such subports, with authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other services and receive such compensation as, in the judgment of the Secretary of the Treasury, the exigencies of commerce may require. Aug. 28, 1890 Such othcr ports as the Secretary of the Treasury shall from time to time designate shall be subports of entry — [of the State of Washington] Part LIIL— CONSULATES OF THE UNITED STATES 432. Consulates of the United States. SCHKDULE B. I.- -Oimmlates-General. Apia. Frankfort-ou-the-Maiu. Nuevo Laredo. Santo Domingo, Athens. Guatemala. Ottawa. Seoul. BaDgkok. Guayaquil. Panama. Shanghai. Berlin. Halifax. Paris. Singai)oro. Bogotii. London. Port-au-Prince. Tangier. Cairo. Melbourne. Rio do Janeiro. Teheran. Calcutta. Mexico. Rome. Vienna. Constantinople. Monrovia. St. Gall. Tokoliama. Dresden. Montreal. St. Petersburg. II. — Consulates. Acapulco. Aix la Chapelle. ChinKiang. Liverpool. Reichenberg. Clifton. London, Outario. Rlieims. Amherstburg. Coaticook. Lj'ona. Rott('r(lam. Amoy. Cognac. Cologne. Madgeburg. St. Etienne. Amsterdam. Mainz. St. Helena. Annaberg. Colon. Malaga. St.John, N.B. Antigua. Copenhagen. Malta. St. John's, Quebec. Antwerj). Cork. Managua. St. Stephen. Asuncion. Crefeld. Manchester. St. Thoma.s. Athens. Demerara. Mannheim. San J()s6. Auckland. Donia. Maracaiho. San Juan del Norte Bahia. Dublin. Marseilles. San Salvador. Barbados. Dundee. Miirtinique. Santos. Barcelona. Dusseldorf. Matamoros. Sheffield. Barmen. Florence. Messina. Sherbrooke. Barrauquilla. Fort Erie. Milan. Sivas. Basle. Fuchau. Montevideo. Smyrna. Beirut. Fuuclial. Munich. Sonneberg. Belfast. Gensva. jS'aga.saki. Southami)ton. Belize. Genoa. 'Naples. Stockholm. Birmingham. Gibraltar. Kassau. Stratford. J?ordeaux. Glasgow. ^Newcastle, Euglaud. Stuttgart. Bradford. Gothenberg. "Nice. Sydney. Bremen. Guadeloupe Island Nogales. Tamatave. Breslau. Guelph. Nottingham. Tampico. Bristol. Hamburg. Kuremberg. Tegu;.S. Hamilton, Out. Hartlepool, England. Hereford. Hemmingford. Hobart, I'a.smania. Hodeida. Holyhead. Hongkong, China. Huddersfleld, England. Hull, England. Huntingdon. Jersey. Karachi. Kempt. Kitlderuiinster. Kimberley. Kingston, Jamaica. Kingston, Out. Kirkcaldy. Lacolle. Launceston. Leeds, England. Leicester. Lethbridge. Quebec. Chemainus, B. C. Chitagong. Christ Church. Clarenceville. Clifton, Ont. Clinton. Coaticook, Quebec. Cockburn Harbor. Collingwood, Out. Cookshire. Cork (Queenstown). Cornwall. Coniwallis. Comwallis, N. S. Coteau. Courtright. Dartmouth. Deloraine. Demerara, Guiaua. Derby. Deseronto. Digby. Dover. Dublin, Ireland. Dundee, Scotland. Dunedin. Dunfermline, Scotland. Dunmore Town. Durban. East London. Edinburgh. Edmunston, N. B. Emerson. Falmoiith. NAV 99, PT 2 Lindsay. Lineboro. Liverpool, England. Liverpool, >.'ova Scotia. Llanelly. Londonderry. London, England. London, Ont. Louisburg, N. S. Lunenburg. Liuuan. Madras. Magd.iliMi Islands. Malta. Manchester, England. Mathowtown. Megantic. Melbourne, Australia. Miltord Haven. Moucton, N. B. Mon^anui. Mornsburgh, Ont. JMontego Bay. Montreal, Quebec. Montserrat. Moulriiein. Nanaimo. • Naj)anee. Nassau. Nevis Newcastle. Newcastle, Engl.ind. Newcastle, N. B. Newcastle, X.S.W. Newjjort. •J9 Norfolk Island. North Biiy, Nipissing. Nottingham, England. Orillia, Out. Oshawa. Ottawa, Ont. t)wen Sound. Palmorston, < )nt. Paris. Parrsboro. Parry Souml. l'as|iebia<'. I'enang. Peterborough. I'icton. Picton, Ont. I'ictou, N. S. Plymouth, England. Point de Galle. Port Antonio, Jamaica. Port Klizal.ith. Port Hawksbury and Mulgrave. Port Hope. Ont. Port Joggins. Port Louis, Mauritius. Port Maria. Port Moraiit. Port Rowan, Ont. I'ort Sarnia, Ont. I'ortsnumth. Port Stanley, r. I. Proscott, Out. Potton. Pugwash and AVallace. t^)uebec. Rangoon. Rat Portage, Ont. Redditch. Richibncto. Rimouski, Quebec. Ro.seau, Dominica. Rossland, B. C. Salt Cay. St. Andrews. St. Anns Bay. St. Catharines. St. Christopher, W. T. St. (leorge. St. Georges, I'ermuda. Si. Helena. St. Helens. St. Hvacinthe, Quebec. St.John, N.B. St. Johns, N. F. St. Johns, Quebec. St. Lucia. St. Stephen, N. B. St. Thomas, Ont. St. Vincent. Sault Sto. Marie, Ont. Savannah-la Mar. Searborunirh. Scilly Islands. Sheliield England. Slielburne. Slierbrooke, Quebec. Siena Leone, Africa. Siiiiiuistown. Singapore, S. S. .Sorel. .Souris. Southampton, England. Stanbridge, Quebec. Stanstead. Stratford, Ont. Sudbury, Ont. Sumuierslde. Sunderland. Suva, Fiji Islands. Sutton. Swansea. Svdney. Sydney, N. S. W. Three Rivers, Quebec. Toronto, Ont. Townsville. Trenton. Trinidad, W. I. Troon. Tunstall, Kngland. Turks Ishind. \V. I. W.illacoburgh, Ont. AVaterford. AVaterloo. AA'aubaushen<'. "Wellington. AA'eyniouth. Wiarton. AVindsor.N.S. AA'iiidsor, Ont. A\' jni:hani. AVinnipeg, Manitoba. Wolverhampton. ./ AVoodstock, N.B. A^ancouver, H. C. A'ictoria, H. C. Yarmouth, N. S. GKEECB. Athens. Corfu. Kalamata. Patras. Pineus. Zante. QUATKM.\LA. Champcrico. Guatemala. Livingston. Ocos. Quezalteuango. , San Jo86 de Guatemala Aux Cayes. Cape Haitieu. Gonaives. .lacmel. Jeremie. Miragoane. Petit GoAve. Port-au-Prince. Port de Paix. St. Marc. HOXDUKAS. Amapala. Bonacca. Ceib.t, Nacaome. Ruatan. Puerto Cortez. San Juancinto. San Pedro Sula. Tegucigalpa. Truxillo. Ulilla. ITAI-Y. Ancona. Bari. Bologna. Cagliari. Carrara. Castellamare di .^taliia* Catania. Civita Veci Florence. Genoa. Girgenti. Leghorn. Licata. Messina. Milan. hia. 450 PART LIII. CONSULATES OF THE UNITED STATES. Conmilales of the United States hy countries — Contiuiu'd. ITALY — continued. Naples. Palermo. Kodi. Rome. San Remo. Sorrento. Trapaui. Turin. Venice. Nagasaki. Osaka and Hiogo (Kobe) Tamsui, Formosa. Yokohama. SeoiiL Cape Coast Castle. Monrovia. MADAGASCAK Taniatave. Ma.ikat. Casa Blauca. Mogador. Tangier. NETHERLANDS AND DOMINIONS. Amsterdam. Eatavia, Java. Buen Ayre. Cura(;ao, W. I. Flushing. Macassar, Celebes. Padang, Sumatra. • Paramaribo, Gniana. Kotterdam. St. Eustatius. St. Martin, W. I. Samarang. Schiedam. Soerabaya. NICAKAOUA. Blueflelds. Corinto. Managua. San Juan del Norte. San Juan del Sur. PARAGUAY. Teheran. Helaingfijrs. Libau.' Moscow. Odessa. Eevel. Kiga. Uostolf and Taganrog. St. Petersburg. Vladivostock. Warsaw. Wiborg. SALVADOR. Acajutla. El Trninfo. La Libertad. La Union. San Salvador. Apia. Belgrade. Acapulco. Aguas Calientes. Camargo. Chihuahua. Ciudad Juarez. Ciudad Porflrio Diaz. Coatzacoalcos. Uurango. Ensenada. Erontera. Guadulajara. Guanajuato. Gruaymas. Lagiina de Termiuos. La Paz. Magdalena Bay. Matamoros. Mazatlan. Mexico. Mier. Monterey. Nogalew. Nuevo Laredo. Parral. Paso del Norte. Progreso. Pueblo. Saltillo. San Benito. Sau Jos6. San Luis Potosi. Sierra Mojada. Tamiiico. Tehuautepec and Salina Cruz. li Toreon. Tuxpan. ^^1,,, Victoria. Batoum. Aeracruz. Cronstadt. Zacatecas. Callao. Chiclayo. Mollen'do. Paita. Piura. Truxillo. Tumbez. PORTUGAL AND DOMIN IONS. Beira. Brava. Faro. Flores. Funchal, Madeira. Li.sbou. Loaiida, Africa. Loiirenco Marquez. Oporto. Setubal. Santiago, C. V. Islands. St. Michaels. San Jorge. St. Vincent. Terci'ira. ROUMANIA. Bucharest. SWEDEN AND NORWAY. Arendal. Bergen, Norway. Christiania, Norway. Christiansand. Drontheim. (lothenberg, Sweden. Helsingborg. Malmo. Stavanger. Stockholm, Sweden. Sundsvall, Sweden. Troniso, Norway. SWITZERLAND. Aarau. Basel. Berne. Chauxdefonds. Geneva. Lucerne. St. Gall. Vevey. Winterthur. Zurich. TURKEY AND DOMINIONS. Bangkok. Aleppo. Alexandretta. Alexandria. Assioot. Bagdad. Basso rah. SOUTH AFRICAN REPUBLicKeirut, Syria. Cairo, Egypt. Johannesberg. " Pretoria. SPAIN AND DOMINIONS. Constantinople. Damascus. Dardanelles. Erzerum. Haifa. Jerusalem, Syria. Keneli. Luxor. Mansourah. Mersine. Mytilene. Port Said. Salonica. Samsoun. Sivas. Smyrna. Suez. Trebizonde. Tripoli, Svria. Yafa. Algeciras. Alicante. Almeria Malaga. Barcelona. Bilbao. Cadiz. Carril. Carthagena. Corcubion. Corunna. Denia. Ferrol. Garrucha. Gijou. Granada. Grand Canary. Grao. Hnelva. Jeres de la Froutera. Lanzarotte. Madrid. Malaga. Nukualofa, Tonga. Palma Majorca. Port Mahou. Port of Marbella. Port St. Marys. San Feliu de Guixols Sau Sebastian. Sautander. Seville. Tarragona. Teneriffe,Cauary Islands. Tovar. Torrevieja. " Valencia Vigo. Valera. Vivero. URUGUAY. Colonia. Montevideo. Paysaudu. VENEZUELA. Barcelona. Caracas. Carupano. Ciudad Bolivar. Coro. Cumana. La Guayra. Maracaibo. Puerto Cabellc San Cristobal. INDKXES TABLE OF LAWS INCLUDED IN THIS COMPILATION. The followinu; table gives the sections of the Revised Statutes :intl actssnliseqiient to but not in terms amemlinu; or repealing the Revised Statutes, together with the date of enactment and amendment, and the ]taragraph and page of this compilation on which those provisions of law may be found : Section Re- vised Stat- utes. 3 431 432 435 728 Para- graph pf this com pila tion 851 923 941 970 971 978 979 1433 1536 1580 1581 1 359 359 361 110 394 111 392 Page of this com- pila- tion. Enacted- 15 I July 13, 1866 345 j June 21, 1866 345 do 346 Sept. 'J>S, 1850 90 I Aug. 8, 1846 ; June 23, 1874 379 91 375 124 103 392 376 392 376 392 376 392 377 250 207 355 344 388 ;i71 388 372 1 Apr. 30. 1790 Apr. 20, 1818 Mav 15, 1820 Mai-. 3,1825 Mar. 3,1847 Sept. 24. 1789 July 13,1861 Aug. 6, 1861 June 30, 1864 Julv 13,1860 Mar. 2, 1867 Feb. 26,1853 Aug. 4,1790 Dec. 31,1792 Feb. 18,1793 Mar. 2, 1799 Aug. 4, 1790 Dec. 31,1792 Feb. 18.1793 Mar. 2,1799 Aug. 4, 1790 Dec. 31,1792 Feb. 18, 1793 Mar. 2,1799 5, 1832 4, 1792 2, 1799 Apr. Aug Mar. Feb. 24,1807 Mar. 2. 1799 July 22, 1813 do Feb. 20, 1845 ! Apr. 21, 1806 I July 18,1861 ! July 14, 1802 1 July l.S. 1861 Julv 14, 1862 Amended — Section Re- vised Stat- utes. Para- graph of this com- pila- tion. Pago of til is com- pila- tion. 1707 249 206 1708 249 206 ' 1718 249 206 1719 249 207 May 28, 1896 1720 249 207 1721 249 207 1954 286 231 1955 287 231 1956 298 242 1957 291 2:i3 1958 291 234 1959 292 234 1960 298 243 1961 298 243 1963 298 243 1 1964 298 244 1965 298 244 1966 298 244 1967 298 244 1968 298 244 1969 298 245 1 1970 298 245 iSIar. 3, 1899 1971 1973 298 426 215 431 1974 426 431 1975 426 431 ' 1976 426 432 1 2158 321 276 2159 321 276 lilay 3, 1880 2160 321 ■_'7il E n acted - Apr. 14, 1792 Aug. 18, 1856 do do Aug. 5.1861 June 20, 1864 July 27, 1868 do do do July 1,1870 July 27, 1868 Mar. 3,1869 July 1, 1870 do do do do do do do do ....do do Miir. 5, 1872 July 31, 1870 Mar. 5,1872 Mar. 3, 1875 Mar. 5,1872 do Feb. 19,1862 Feb. 9. 1869 Feb. 19,1862 Feb. 9, 1869 Mar. 3,1875 F..1. !!i ^>i^,•2 Amended- June 26, 1884 May 17, 1884 Mar. 3,1899 Mar. Mar. 2, 18S9 3, 1899 Mar. 3, 1S99 Do. Do. Do. Mar. 3, 1875 151 452 INDEXES. Table of lams included in this compilation — Continued. Section Re- vised Para- graph of this Page 3f this com- Enacted — Amended — vfsed °flb*« Page of tnis com- Enacted — Amended— Stat- utes. pila- tion. pila- tion. Stat- utes. pila- tion. pila- tion. 2161 321 277 reh. 19,1862 2642 419 410 Mar. 2,1799 June 23, 1874 Mar. 3,1875 2643 419 410 May 7,1822 2162 321 277 Feb. 19,1862 Mar. 3, 1875 2644 419 411 Mar. 3, 1863 Mar. 3,1875 2645 419 411 Feb. 11,1846 2163 321 277 Feb. 19,1862 2646 419 411 July 28, 1866 2164 321 277 May 31,1870 Do. 2647 419 411 Mar. 3, 1841 2174 74 55 June 7, 1872 i Mar. 3,1857 July 18, 1860 2497 166 143 Mar. 1,1817 July 24, 1897 2648 419 411 July 14, 1862 2502 167 143 June 30, 1864 Aug. 28, 1894 July 24, 1897 2649 426 430 May 12,1870 Aug. 15, 1876 Mar. 3, 1891 2507 246 205 Mar. 3, 1843 Aug. 28, 1894 July 24, 1897 2651 426 431 May 12, 1870 Juiie 10, 1874 2511 245 205 Feb. 19,1869 Aug. 28, 1897 Aug. 15, 1876 Veh. 8, 1875 2652 426 431 Aug. 30, 1842 Mar. 3,1875 2513 244 204 June 6,1872 Bo. July 24, 1897 2653 426 431 July 18,1806 2747 329 289 Mar. 2, 1799 2514 245 205 do Aug. 28, 1894 July 24, 1897 Mar. 3,1845 July 20, 1868 2520 213 179 May 10, 1800 2748 424 424 Mar. 2,1799 2524 213 179 Feb. 25, 1801 Apr. 20, 1866 2537 213 180 Jan. 26,1848 2749 424 424 July 25, 1861 July 31,1870 2540 213 180 do 2750 424 425 Feb. 4, 1863 June 4,1897 Aug. 31, 18.52 2751 424 425 do 2554 214 181 May 26, 1824 2752 424 425 Mar. 2, 1855 2581 213 180 June 16, 1860 2753 424 425 Eeb. 28,1867 Aug. 18, 1894 2588 213 180 June 14, 1870 2754 424 426 Feb. 4, 1863 2589 214 181 do 2755 424 426 Feb. 28,1867 2590 213 180 do 2756 424 426 Mar. 2,1799 2621 419 405 Mar. 2,1799 2757 424 426 do 2622 419 400 do Mar. 3,1875 2758 329 289 do 2623 419 406 Mar. 2,1799 Mar. 3,1875 2759 355 34'' Apr. 20,1866 July 15,1870 2624 419 406 Mar. 2,1799 2760 329 289 Mar. 2,1799 Mar. 3, 1875 2761 424 426 do 2625 419 406 Mar. 2,1799 2762 424 426 do Mar. 2, 1895 Mar. 3,1875 2763 329 289 do 2626 419 407 Mar. 2, 1799 2764 329 289 do 2627 419 407 do 2705 329 290 do 2628 419 408 d(. 2766 190 163 June 22, 1874 2629 419 408 ^'" 2767 190 163 do 2630 419 408 do Mar. 3, 1817 2768 190 163 do 2631 419 408 Mar. 3,1873 2769 190 163 Mar. 2,1799 2632 419 408 Mar. 2,1799 2770 "191 104 do 2633 419 408 July 18, 1866 2771 191 164 do July 27,1868 2772 192 164 do 2634 419 408 May 7,1822 May 10. 1800 Feb. 25,1867 2635 419 409 Mar. 2,1799 2773 193 165 Mar. 2,1799 2636 419 409 do 2774 193 164 do 2637 419 409 do 2775 193 164 do 2638 419 409 do 1 May 1,1872 2639 419 410 .... do Mar. 3,1849 July 31, 1894 2776 195 166 Mar. 2,1799 Feb. 22, 1805 June 26, 1884 2040 419 410 Mar. 2, 17S9 2776 196 160 Mar. 2,1799 2041 i 419 410 May 7,1822 Feb. 22,1805 INDEXES. 453 Table of laws included in this conipilation — Continued. Section Re- Tisert Stat- utes. 2777 2778 2779 2780 2781 2782 2783 2784 2785 2786 2787 2788 2789 2790 2791 2792 2793 2794 2795 2796 2797 2798 2799 2800 2801 2802 2803 2804 2805 2806 2807 2808 2809 2810 2811 2812 2813 2814 2815 2816 2817 2818 2819 2820 2821 2822 Para- graph of this com- pila- tion. 196 196 199 199 199 199 199 199 200 200 200 200 200 178 201 201 202 203 204 204 204 205 207 207 207 207 206 209 210 211 211 211 211 211 212 212 212 212 212 213 213 213 213 213 213 213 Page of this com- pila- tion. 106 166 167 167 167 167 168 168 168 168 168 169 169 149 169 169 169 170 170 170 170 171 171 172 172 172 171 173 173 173 174 174 174 175 175 176 176 176 177 177 177 177 177 177 177 Kiiactcfl— Mar. 2.1799 do June 20. 1876 Mar. 2,1799 do do do do do Amended — Mar. 3,1897 do May 1, 1876 Mar. 2,1799 do do do do do June 4,1872 Feb. 10,1871 Mar. 2,1799 do do do July 7,1838 Mar. 2, 1799 Mar. 3,1823 Mar. 2,1799 do do June 30, 1864 June 10, 1890 July 28, 1866 Aug. 28, 1894 Mar. 2,1799 Sept. 30, 1890 do . do ' June 3,1892 do do do Feb. 27,1877 Mar. 2, 1799 July 18, 1866 Mar. 2,1799 do do do do do Aug. 3,1854 do Feb. 27, 1877 Mar. 3,1857 Jan. 27,1858 July 14, 1870 Feb. 27,1877 Mar. 2,1831 Sept. 28, 1850 Feb. 27,1877 Section Re- vised Stat- utes. Para- graph of this com- pila- tion. Page of tliis' com- pila- tion. 178 2823 213 2825 213 178 ! 2826 215 1 182 , 2827 215 182 2828 215 182 2829 213 178' 2830 216 182 2831 217 183 2832 213 179 ' 2833 213 179 2834 212 176 2836 213 179 2867 220 184 2868 220 184 2869 218 183 2870 218 183 2871 221 184 2872 222 185 2873 222 185 2874 222 180 2875 223 186 2S70 223 186 2877 223 186 2878 223 187 2879 223 187 2880 224 188 2881 224 188 2882 225 188 2883 226 189 j 2884 226 189 2885 226 189 2886 226 189 2887 227 190 2888 228 190 2889 228 191 2890 228 191 2891 229 191 2892 229 192 2893 229 192 1 2894 229 192 2805 229 192 1 2896 230 192 2966 234 195 2967 213 180 2968 213 181 2969 224 188 Kiiiictcd — Mar. 2,1831 Sept. 28, 1H50 Aug. 31,1852 Aug. 2, 1854 Aug. 3, 1854 Mar. 11,1864 Mar. 2,1831 June 20, 1876 Mar. 2, 1831 ' Feb. 27,1877 Mar. 2,1831 do do do do June 30. 1834 July 7, 1838 June 30, 1834 Mar. 2, 1799 Mar. 3,1801 Mar. 2,1799 June 22, 1874 Mar. 2, 1799 do do Mar. 3,1873 Mar. 2,1799 do do do do do do do do Mar. 2,1861 Mar. 2, 1799 do do ... -do do July 14. 1832 Mar. 2,1799 do do do do do do do do Feb. 14, 1805 Mar. 2,1799 Aug. 3,1854 Sept. 28, 1850 Mar. 2,1867 Mar. 2, 1799 A mended - Mar. 3,1897 Mar. 3,1897 June 5,1894 June 26, 1884 May 9, June 3, 1890 1892 June 26. 1884 454 , INDEXES. Tabic of laws included in this compilation — Contiimed. Section Re- vised Para- graph of this Page of this COIU- Enacted— 1 Amended — Section Re- vised Para- graph of this Page of this com Enacted— Amended — Stat- pila- tion pila- Stat- pila- tion. pila- utes. tion. utes. tion. 2981 242 203 Mar. 2,186V May 21, 1896 3086 182 156 July 18, 1866 2982 387 371 July 14,1862 3087 184 157 Mar. 2, 1799 2998 231 193 July 14, 1870 3088 184 157 July 18,1866 2999 426 432 Mar. 28, 1854 3089 184 157 Mar. 2,1799 3000 232 193 do 3094 189 162 do 3001 232 193 do 3095 251 208 do July 14,1862 Feb. 27, 1877 3096 251 208 do 3002 233 194 Mar. 3,1845 3097 253 209 do Aug. 30, 1852 3098 253 209 Mar. 2,1821 Feb. 27,1877 July 18, 1866 3003 233 194 Aug. 30, 1852 Feb. 27,1877 3099 253 209 Mar. 2,1821 Mar. 3,1823 3004 233 194 Apr. 30, 1872 July 18, 1866 3005 233 195 July 28, 1866 Feb. 27, 1877 3100 254 210 July 27, 1864 Feb". 18.1875 Feb. 27, 1875 3006 233 195 July 28, 1866 3101 254 210 June 27, 1864 3007 233 195 June 4,1872 3102 255 210 do 3008 233 195 Mar. 3,1845 Aug. 30, 1852 3103 255 211 do 3035 197 166 Mar. 2,1799 3104 255 211 do 303C 198 167 Mar. 1,1823 Feb. 2, 1831 3105 255 211 do Feb. 27, 1877 3058 236 199 Mar. 2,1799 Feb. 23.1887 3106 255 211 June 27, 1864 3059 181 152 July 18, 1866 3109 256 212 July 18,1866 Feb. 17,1898 3060 181 152 do 3110 252 208 do 3063 183 156 do Feb. 8,1881 3111 257 212 do Feb. 10,1871 3067 181 152 Mar. 2,1799 3112 257 212 July 18,1866 3068 181 152 do Feb. 10,1871 3069 181 153 do 3113 258 213 July 18, 1^66 3070 223 187 do Feb. 10,1871 3071 181 153 July 18, 1866 3114 259 213 July 18, 1866 3072 182 153 Mar. 2, 1799 3115 259 213 do 3073 182 153 do 3116 260 214 July 1,1870 3074 182 153 Apr. 2,1844 3117 260 214 do Aug. 8,1846 3118 260 214 do Feb. 28,1865 July 18, 1866 3119 260 214 do July 28, 1866 3120 260 214 July 18, 1866 3075 182 154 Apr. 2,1844 Feb. 27, 1877 Feb. 28, 1865 3121 261 215 July 1, 1870 July 1», IHCe 3122 260 215 July 1,1870 3076 182 154 Apr. 2,1844 July 18,1866 3123 262 215 do 3077 182 154 Apr. 2,1844 3124 263 215 do July 18, 1866 3125 263 215 do 3078 182 155 do 3126 264 216 May 27, 1848 3079 182 155 Apr. 2,1844 3127 265 210 do July 18, 1866 3128 266 216 Mar. 3,1817 3080 182 155 do 3129 266 216 Sept. 20, 1850 3081 182 155 Mar. 3,1863 3969 323 282 do 3082 239 . 201 Mar. 2, 1799 July 18,1866 3970 323 282 do July 20, 1 876 3977 323 282 do 3083 182 155 May 29, 1830 3978 323 282 do Feb. 27, 1877 3987 323 282 ....Ah> 3084 184 156 July 18, 1866 Mar. 3,1873 3988 323 283 do 3085 184 156 July 18, 1866 3989 323 283 do Mar. 3, 1873 3990 323 283 do INDEXES. 455 Tdhle 0/ huci inclii]\{\]i\n-i\. Section Re- vised Stat- utes. ;!991 3992 4006 4007 4008 4009 4010 4011 4012 4015 4021 4022 4023 4079 4080 4081 4131 4131 4131 4131 4132 4135 4136 4137 4138 4139 4141 4142 4143 4144 4146 4147 4148 4149 4150 4151 4152 4153 4153 4153 4153 4153 4153 4153 4153 4153 4153 Tara- i t. of tins coni- pila- tion. COIIl- pila- tioii. 323 323 323 323 323 323 323 323 323 323 324 324 324 110 110 110 2 42 61 64 3 2 3 33 33 33 30 28 28 29 32 27 13 13 13 13 25 14 15 16 17 18 19 20 21 22 23 284 284 284 284 284 284 285 285 285 285 do -do .do .do -do -do .do .do , -do , .do 89 : June 11, 1864 do .. do .. Dec. 31,1792 do do -do .do .do .do 283 Sept. 26, 1850 283 ' do 284 June 8, 1872 Section' ^"."jf,; I PaKo Re- I ^7? . ' of tlu, do Feb. 10,1866 Dec. 23,1852 July 23, 1866 Mar. 3,1825 do do Dec. 31,1792 do, July 29,1850 Dec. 31, 1792 ....do do do do May 6, 1864 Dec. 31,1792 May 6,1864 Feb. 28, 1865 May 6, 1864 do do do 25 do 25 do 25 ' do 25 I do Anii'iidc'd — ite- vised Stat- utes. of tlii.s com- pila- tiou. COIll- pilu- tion. Kna.t.-d- .\ mended— 4154 26 29 Mar. 2,1799 AufT. 5,1882 4155 31 33 Doc. 31,1792 July 29, 1850 Jan. 10,1895 4150 31 34 Dec. 31,1792 4157 31 34 Mar. 3,1813 4158 31 34 Dec. 31,1792 July 5, 1884 4159 30 31 do 4160 30 32 do 4161 30 32 do 4162 30 32 do 4163 30 33 do 4164 34 35 Mar. 2,1797 Do. 4165 3 16 June 27, 1797 Mar. 27, 1804 Mar. 3,1897 May 28, 1896 4166 4167 34 39 35 38 Mar. 2,1803 Dec. 31,1792 Do. ]S[ay 10,1892 JuBo26,1884 May 28, 1890 4168 39 38 do 4169 4170 4171 40 36 36 38 30 36 do do do July 5, 1884 Do. Apr. 17, 1874 May 28, 1890 4172 4173 38 177 37 148 do do 4174 41 38 do Do. July 5, 1884 4175 4176 41 31 3!) 34 do do Jan. 16,1895 July 5,1884 4177 9 LS July 28, 1800 Do. June 19, 1886 4178 10 19 Dec. 31, 1792 June 23, 1874 June 26, 1884 Feb. 21,1891 Jan. 20,1897 4179 11 19 May 5,1884 Mar. 2,1881 July 5, 1884 4180 58 4(i Dec. 31, 1792 4181 58 47 do Jan. 10, 1895 4182 4183 58 58 47 47 do do Do. Do. 4184 58 48 do 4187 59 48 do 4188 59 48 do 4189 59 48 July 18,1866 4190 59 48 Mar. 26, 1810 4191 59 49 Mar. 2,1803 4192 37 36 July 29, 1850 Mar. 2,1895 4193 37 37 Mar. 3,1865 Juno 19, 1886 ' 4194 37 37 July 29,1850 Do. 4195 37 37 do Do. 4196 37 37 do Aufj;. 5, 1882 4197 168 145 Mar. 2,1799 Mar. 2,1895 Mar. 3,1897 Mar. 2,1895 4198 4199 4200 169 170 170 145 146 140 do do Feb. 10,1820 Do. Auk. 5, 1882 June 19. 1886 Mar. 2, 1895 4201 4202 4204 171 172 173 146 147 117 Mar. 2,1799 do July 4,1804 456 INDEXES. TahJe of laws included in this compilation — foTitiuucd. Section Ee- Tised Para- graph of this Pago of tliis com- Enacted — Amended — Section Re- vised Para- graph of this Pago of this com- Enacted — Amended — Stat- utes. pila- tion. pila- tion. Stat- utes. pila- tion. pila- tion. 4205 174 147 Mar. 3,1833 4280 149 130 July 3,1866 4206 175 147 Mar. 3,1797 June 19, 1886. 4281 122 100 Feb. 28,1871 Mar. 2,1799 4282 122 100 Mar. 3,1851 4207 175 147 Aug. 18, 1856 4283 122 100 do 4208 214 182 Mar. 3,1817 4284 122 100 do .... 4209 178 149 do Feb. 27,1877 4210 •178 149 ! do 4285 122 101 Mar. 3,1851 4211 178 149 I do 4286 122 101 do Aug. 23, 1842 4287 122 101 do 4213 178 150 Aug. 18, 1856 June 26, 1884 4288 122 101 do June 26, 1884 4214 8 17 ! Aug. 7,1848 Mar. 3, 1SS3 June 19, 1886 1 June 29, 1870 Jan. 16,1895 4289 122 102 do Do. 4215 8 18 Aug. 7, 1848 4290 121 08 June 7, 1872 4216 8 18 1 June 29, 1870 Feb. 5, 1897 : 4291 121 99 do 4217 8 18 ' do 4292 121 99 do 4218 8 18 do 1 4293 412 380 Mar. 3, 1819 4219 155 lo5 July 20, 1790 June 26, 1884 Jan. 30,1823 Apr. 27, 1816 Jan. 14,1817 Mar. 1, 1817 June 19, 1886 Feb. 5,1897 4294 412 386 Mar. 3,1819 Jan. 30,1823 Mar. 3,1817 4295 412 386 Mar. 3,1819 May 31, 1830 Jan. 30,1823 July 14, 1862 June 28, 1864 Mar. 3, 1865 Feb. 27,1877 June in, 1886 4296 412 386 Mar. 3,1819 Jan. 30,1823 Aug. 6, 1861 4219 156 135 do Apr. 4,1888 4297 412 387 Aug. 5,1861 June 19,1886 4298 412 387 do 4219 158 1:37 do July 24, 1897 4299 412 387 do 4220 156 136 July 14, 1870 4300 393 377 June 11, 1864 Apr. 18, 1874 4301 393 377 do 4221 156 136 Mar. 3,1869 4302 393 377 do 4222 160 138 July 20, 1868 4303 393 1 377 do 4225 159 138 Mar. 27, 1804 4304 393 378 ' do , 4226 159 138 Mar. 3,1805 4305 393 378 Dec. 31,1792 4226 177 149 do 4306 179 150 June 1, 1796 4227 155 135 Apr. 27, 1816 Feb. 12,1831 Jan. 14,1817 4307 179 150 June 1,1796 4228 157 136 May 24, 1828 May 31, 1830 July 13, 1832 Do. 4308 179 150 Mar. 2,1803 4309 179 151 Feb. 28,1803 4229 157 i;J7 May 24, 1828 4310 179 151 do 4230 157 137 do 4311 5 16 i Fob. IS. 1793 4231 157 137 Mar. 1,1869 4312 44 41 1 do 4232 156 136 May 28,1864 4313 51 44 1 Mar. 0, 1825 4233 351 339 Apr. 29, 1864 June 19, 1886 Mar. 3, 1893 Mar. 3,1897 4314 4315 51 51 44 : do 44 ' do 1 4235 154 133 Aug. 7,1789 4316 5 16 Mar. 12, 1812 4236 154 133 Mar. 2,1837 4317 5 16 do 4237 154 133 July 13, 1866 4318 5 16 June 17, 1864 Feb. 27,1877 4238 327 287 Apr. 14, 1792 4319 47 41 Feb. 18,1793 Jan. 16,1895 4239 328 288 Mar. 3,1825 July 29, 1850 Feb. 27,1877 4240 328 288 do 4320 45 41 Feb. 18,1793 Do. 4241 328 288 Feb. 23,1847 Feb. 27,1877 4250 72 54 Apr. 9,1872 Feb. 18,1875 4321 48 42 Feb. 18,1793 May 24, 1828 Do. 4251 93 72 Julv 20, 1846 Feb. 18,1875 4322 43 40 Feb. 18,1793 4278 149 12!) July 3,1806 4323 . 43 40 ; do July 5,1884 Jan. 16,1895 4279 149 129 do 4324 47 43 do INDEXES. 457 Table of lawn included in this vomiiilation — ('oiitiiiiu^cl. Section Re- vised Para- (frapli of this Page of tliis com- Kiiiict.'.l— ! AmeiuU'd — Section' Re- vised Para- grai)h of this Page of tliis com- P.naeted — Amended— Stat- utes. pilft- tioii. jiila- tion. , Stat- utes. pila- tioii. pila- tion. 4325 50 43 Feb. 18,1793 4367 279 224 Feb. 10, 1793 4326 50 43 do 4368 1 279 225 ' do 4327 50 44 do July 18, 1866 4369 4370 279 280 225 do 225 July 18, 1866 4328 55 45 Feb. 28, 1«65 Apr. 17, 1874 Feb. 23, 1867 Jan. 16,1895 4371 281 225 Feb. 18,1793 June 19,1886 4329 52 44 Mar. 2,1797 July 5,1884 4372 281 226 do 4330 259 213 July 18, 1866 4373 60 49 do 4331 6 17 Feb. 18,1793 4374 60 49 do May 6,1864 4375 60 49 do 4332 54 45 Feb. 18, 1793 4376 60 49 do 4333 48 43 do Do. 4377 281 226 do 4335 53 44 do Apr. 2,1836 4336 57 46 do 4378 282 226 Feb. 18,1793 4337 176 148 do 4379 282 226 do 4338 176 148 do 4380 282 226 do 4339 4 16 Apr. 4,1840 4384 46 41 July 18, 1866 Do. 4340 56 45 Feb. 26,1865 4385 7 17 Feb. 18,1793 Apr. 18, 1874 4341 56 45 Feb. 28,1867 4386 339 Mar. 3,1873 4342 56 46 Mar. 3,1849 4387 339 299 do 4343 56 46 do 4388 339 299 do 4344 56 46 Feb. 11,1830 4389 339 299 do 4345 56 46 Jan. 26, 1848 Aug. 31, ] 852 4390 339 299 do Feb. 27,1877 4346 56 46 Feb. 11,1830 4391 89 65 June 19, 1813 4347 277 22« Mar. 1,1817 Mar. 3,1873 Mar. 3,1883 June 19, 1886 Mar. 3,1865 Feb. 18, ] 875 Feb. 15,1893 4392 89 65 June 19, 1813 Feb. 27, 1877 Feb. 17,1898 4393 89 66 do 4348 267 218 Mar. 2,1819 4394 89 66 do May 7, 1822 4399 125 105 Feb. 28, 1871 Jan. 18,1897 4349 268 218 Feb. 18,1793 Mar. 2,1819 4400 125 105 do Aug. 7,1882 Mar. 1,1895 4350 268 219 Feb. 18,1793 July 12, 187G 4401 154 133 do Aug. 19, 1890 Feb. 8,1895 4351 269 219 Feb. 18,1793 July 12, 1876 4402 420 412 do June 7,1897 4352 269 220 Feb. 18,1793 4403 420 412 1 do 4353 271 220 do July 12, 1876 4404 4405 420 420 412 do 412 i do 4354 271 221 Feb. 18.1793 July Ifi, 1876 4406 140 120 do 4355 272 221 Feb. 18,1793 4407 140 120 do Mar. 2,1819 4408 420 412 do July 12, 1876 4409 420 413 do 4356 272 222 Feb. 18,1793 Feb. 27,1877 July 12, 1876 4410 420 413 Feb. 28, 1871 4357 274 223 Mar. 2,1795 4411 420 413 do 4358 286 231 July 27, 1868 4412 351 342 do Aug. 19,]89( 4359 274 222 Feb. 18,1793 Mar. 2,1819 Feb. 8, 1895 June 7,1897 4360 274 223 Feb. 18,1793 4413 351 342 do June 7,1897 Feb. 18, 1875 4414 420 413 do Mar. 1,1895 4361 275 223 Feb. 18,1793 Mar. 2,1895 Feb. 15,1896 4362 213 181 do Apr. 21, 1898 4363 213 181 do 4415 420 415 Feb. 27, 1877 4364 176 148 do 4416 420 415 Feb. 28, 1871 Feb. I'T, 1877 4365 176 148 do 4417 113 92 ' Feb. 28. 1871 Dec. 21,1898 4366 276 224 do Feb. 27, 1877 458 INDEXES. TahJe of laws included in this compilation — Continued. Section Ee- vised Stat- ntes. ^'*''t Page SP^P^Jof this lorn!' -" pila- tion. 4418 4419 4420 4421 4422 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 129 129 129 138 136 138 138 420 125 125 129 129 129 129 129 129 129 129 129 130 65 66 67 pila- tion. 4443 70 4444 154 4445 71 4446 65 4447 140 4448 140 4449 140 4450 140 4452 125 4453 125 4454 125 4455 420 4456 420 4457 420 4459 420 4460 420 4461 420 4462 420 4463 127 4464 137 108 Feb Feb Feb Feb 117 120 121 417 106 106 110 110 i 110 ' 111! Ill' mi 111 112 112 112 51 52 52 52 53 133 53 52 122 122 122 122 106 107 107 416 416 416 416 416 416 416 108 119 Dec. Jan. Feb. Feb Feb Feb 28, 1871 27, 1877 28. 1871 27, 1877 17. 1872 6, 1874 27, 1877 . 28,1871 . 27, 1877 . 28,1871 do do do do -do -do .do .do .do .do .do -do do do do do do do Feb. 27,1877 Feb. 28, 1871 Apr. 17, 1874 Feb. 27,1877 Feb. 28, 1871 Apr. 17, 1874 Feb. 28,1871 do do do do do do do do ..,..do do do do do do do do do do .... do Amended — June 19, 1886 Jane 25, 1890 Dec. 22,1890 Jan. 18,1897 Aug. 7,1882 Jan. 22,1895 Feb. 1, 1885 Feb. 28, 1895 Dec. 21,1898 Do. Do. May 28,1896 Section Re- vised Stat- utes. tion. i *^«°- 4465 4466 4467 137 137 137 4468 137 4469 137 4470 135 4471 135 4472 136 4473 136 4474 136 4475 136 4476 136 4477 135 4478 135 4479 135 4480 134 4481 4482 4483 4484 4485 4486 4487 4488 4489 4490 June 19, 1886 132 132 135 133 133 133 352 132 132 131 4491 125 4492 135 4493 141 4494 139 4495 10 4496 142 4497 142 4498 125 4499 142 4500 142 4501 418 4502 418 4503 75 4504 77 4504 76 4505 418 4506 418 4507 418 4508 75 4509 78 4510 78 4511 79 119 120 120 120 120 115 115 117 118 118 118 118 116 116 116 115 113 114 116 114 115 115 342 114 114 113 107 117 122 121 19 123 123 105 123 123 404 405 56 57 57 405 405 405 56 57 58 58 Knacted — Feb. 28, 1871 do do Feb. 27,1877 Feb. 28,1871 do do do do Feb. 27,1877 Feb. 28,1871 do do do do do do do do do do do do do do do Anieiidt-d- July 9,1886 Oct. 18,1888 do do Feb. 27,1877 Feb. 28,1871 do do do do do do do do do June 7, 1872 June 9,1874 June 7,1872 do Jan. 15,1873 do June 7, 1872 do do do do do do Jan. 15,1873 59 June 7, 1872 ' Mar. 2,1889 Apr. 11, 1892 Mar. 2,1889 July 9,1886 Feb. 21,1891 June 26, 1884 June 19, 1886 June 19, 1886 Mar. 3,1897 June 26, 1884 Mar. 3,1897 Dec. 21,1898 INDEXES. 451) Table of hues invlitdctl in ili'iH cum2>ilatiiided- June 10, 1896 Mar. 2,1897 Mar. 3,1897 June 7, 1897 July 24, 1897 Dec. 29,1897 Feb. 17,1898 Do Mar. 22, 1898 Apr. 22,1898 May 14,1898 June 13, 1898 July 7,1898 Do Dec. 21,1898 Mar. 1,1899 Mar. 3,1899 Do Do Do Paragraph of this coinpila- tiou. Page of this <'uiiipila- tiiiii. 431 446 343 303 126 108 348 319 243 204 295 236 278 224 290 233 333 293 390 373 293 234 416 398 283 227 391 373 112 92 341 301 288 232 294 235 362 347 389 372 IISTDEX A. rage. Absence without leave, penalty for seaman's 80 Abuse of seaman 380 Abutments 352 Accident, investigation of marine 122 to vessels, report of 286 unlading on acconut of 184 Accommodations for ajjiirentices 26 cattle 293 Clew 25 immigrants 124 master 26 passengers on steam vessels 92 Actors not regarded as alien contract immigrants 257 Acts of Congress, table of, included in this compilation 151 Admeasurement. See Measurement. Administrative officers 403 Admiral line, mail service by 280 Adulterated products, importjition of 301 Ad valorem articles may not be immediately transported 198 Advance wages prohibited 72 Agent. See also Owner. Agent, registry by 32 required to furnish bill of lading 103 Agreement, form of articles of 83 of seamen in coasting trade 64 on whaling, fishing, and Great Lakes vessels Vid to shi}) seamen in foreign trade 58 with fishermen 65 Aids to navigation 344 Alabama, export of live-oak timber from 117 Alaska, foreign Aessels to proceed inland only under permit 212 return of shipwrecked seamen from 76 special procedure for remission of penalties in 292 subports in 446 trade with 231 transfer of cargo of foreign vessel in 212 Albany, N. Y., entry of imported merchandise at 177 warehouse privilege at 181 Alien contract immigrants, exceptions to 257 immigration 256 immigrant law, penalty for violation of 258 immigrants, inspection of 259 1 ist of 253 immigrant. See Immigriuit. naturalization of engineer or pilot 51 officer of American vessel, ])enalty for 138 ownersbi]) in vessel prohibited 31 owning Anie:-ic;in-built vessels 46 ]»asseuger8 pay $1 he.id tax 253 resident may enroll steamboat 16 sale of licensed vessel to 226 sale of vessel to 37, 148, 149 seamen, naturalization of 55 surrender of register on sale to 34 tonnage taxes 137 NAV 99, PT 2 30 1155 4G6 INDEX. Page. Allotment in coasting trade prohibited 73 must be approved by shipping commissioner 73 of A\agea 72 prohibited to Canada, Newfoundland, West Indies, and Mexico 73 See also Wages. Almanac, nautical 345 Alphabetical list of American consulates 447 Alton, 111., entry of imported merchandise at 178 American-built vessel, owned by aliens 46 American delegates to International Marine Conference, convocation of 318 Line, mail service by 280 products, discriminations against • 142 seamen, in foreign ports, jurisdiction over 88 vessel, discriminations against 140 documents of 30 Anchorage grounds at New York and Chicago 361 of vessels in channels 350 Anchor - 92 gear, deductions for 26 Animals, bill of lading for 103 Annexation of Hawaii 227 Antiscorbutics 97 Appendix of measurement 28 to register 28 Appraisal of seized property _ 154 Apprentice - 56, 57-58 accommodations for 26 account of 85 not seaman 55 on ocean mail steamers 281 shipment in coasting trade 64 Appropriation for ocean mails of 1899 282 Arbitration of wages 69 before shipping commissioner 75 Armament of ocean mail steamers 281 Arrears of wages abroad 67 Arrival of vessel must be reported witbin twenty-four hours 164 to 1)6 reported before departure 165 Arson 383 Articles of agreement, form of 83 See Shipping articles, Seaman. shipping 58 Artists, not regarded as alien contract immigrants 257 Asiatic coolies 276 Assault of officer, penalty for 81 on customs officer 49 with dangerous weapon 380 Assisted immigration 256 persons, immigration of prohibited 261 Atlantic ports, trade from, to Pacific ports of United States, coasting trade .. 432 Atlantic to Paciiic port, shipment of seaman 57 discharge of seaman 66 payment of seaman in 70 Attorney, registry by 32 Aiigusta, Ga., entry of imported merchandise at 177 Auxiliary cruiser 40, 280 Average, general 101 liens on merchandise for general 203 Awards, informers, etc 158 Axes for fire H" B. P>acon, inspection of export 296 Baggage and tools of trade exempt from duty 171 of passengers, immediate transportation of 197 in transit 171 manifest of 174 INDEX. KiT Baggago of passengers to bo listed 1^0 Ballast, water, uu'asmeiiieiit of spaces for '2') Bank l)ills, liability for M) Barge, exeni[)t from domnionts 17 inspection of passenger i'li liability of 1012 passenger, licensed oliicers of 51 shall carry fire appliances 117 Barratry 383 in Alaska -3r> Brands of foreign merchandise 172 Bayport, Fla., entry of merchandise at 177 Beacons • ?7 Benzine ou vessels 117 Berths on immigrant ships 1 J^iJ Berwick, Mo., morchaudise destined for 17!( Betweeu-decks - ^ Bill of exchange, tax on 400 health -'46 lading, articles must be entered on 100 fraudulent, in Alaska 235 liability incurred in 102 required 103 tax on 400 to 1)6 produced ou entry of merchandise 168 sale of vessel 36 Birth, must be entered in log book 99 Boarding by revenue cutters -89 illegal, of vessel 75 officer, duty of, concerning seamen 63 protection of roveune 176 to inspect manifests 175 muster crew 62 of immigrant vessel 130 vessel 152 penalty for 151 Boatswain's stores, deductions for -6 Boat, use of, in foreign trade ou Great Lakes 209 Boiler, deductions for 27 districts for inspection of 413 inspection of lOS ferryboat, canal bo.it, and yacht 106 plates, inspection of 110 pressure on Ill stamping plates of 110 Bond of cargo for reexjioi t 166 firm or partnership 199 master with foreign cargo proceeding from district to district 168 resident alien owner of steamboat 15 transportation in 1 i'3 Bonded merchandise, entry of. 182 transportation of, tiirough Canada and Mexico 195 unlawful removal of 193 routes 193 transportation of, express packages 202 warehouses 161, 193 deposit of certain merchandise in, for immediate d«'li\'ery . 195 in Alaska 234 ports at which established 4 16 Boom as obstruction 317 Boston, Mass., transportation of merchandise via, for British provinces 195 Bottomry, lien by 36 Brazos Harbor, Texas, merchandise in transit through 180 Breadth, definition of J -2 Break, inclosed spaces, etc 24 Bribery 4 09 of shippiug commissioner 57 United States officer 201 Bridge as obstruction 347 468 INDEX > age. Bridge piers and abutments 352 spans as ()l>stiiictiou8 351 British Columbia, immigration from borders of 260 trade with, through Ahiska 234 British North American provinces, transiiortation of bonded merchandise through 195 British North America, reciprocal privileges of vessels with 216 shipment of seamen to T-T, 63 Brokers, shipping, taxes on 398 Brownsville, Tex., merchandise in bond to 180 transportation of merchandise via, for Mexico 195 Builder's certificate 30 Build, change of 36 Biilkheads 113 as obstruction 347 Bulk merchandise 165 immediate transportation of 197 Bullion shall be transported 147 Buoys 427 color and number of 344 Bureau of Immigration 4l9 Navigation 403 Burlington, Iowa, entry of imported merchandise at 178 Burning-fluids on vessels 117 C. Cabin, exempt from measurement in certain cases 22 inspection of packages in 153 passengers, manifest of 174 Cable vessels to observe rules to prevent collisions 395 Cables of vessels 92 protection of submarine 395 Cadet, on ocean mail steamers 281 Cairo, 111., entrj of imported merchandise at 178 California, special procedure for remission of penal ties in 292 Camden, N. J., enrollment and license of vessels at 45 Campheue, on vessels 117 Canada, allotment of wages prohibited to 73 canal boats in trade with 17 certain ports exempt from bills of health 247 discrimination by, against American fisheries 140 immigrant ships from, exempt from act of 1882 124 immigration from borders of 260 inspection at frontiers of 209 reciprocal privileges of vessels with 216 shipment of seaman to 63 trade with 208 through Alaska 234 transportation of bonded merchandise through 195 mails for, through United States 284 vessel to, exempt from certain war taxes 402 Canadian canals, discrimination on 142 wrecks 287 Canal between Great Lakes and Atlantic 373 boat, documented in trade with Canada 17 engineer and pilot of 106 exempt from documents 17 libel lor wages 7 i inspection of huh and boiler 106 liability of 102 men employed on, not entitled to marine-hospital relief 88 need not carry certain life-saving applianct s 113 discrimination on Canadian 142 maritime (Nicaragua) 372 navigation of 354 Cancellation of register 38 Canoe, use of, in foreign trade on Great Lakes 209 Capstan, deductions for 26 INDEX. 469 Capture of vessel, canoellatioii of resistor on 'AS Cargo. See Merchandise. Carpenter's certificate '30 Carriage of mtrcliaiulise 161 ])asscngers 119 Cattle, import of diseased, proliibitiul 2d6 in domestic trade 298 on immigrant vessels 129 ([uarantine of 297 trade 29:i ( anseway as obstruction 347 Certiticate, of carpenter or builder 30 damage, tax on 4U0 discharge of seaman 67, 87 measurement 21 register. See Register. steamboat inspection 120 Change of build 36 master 36, 44 name 19 owner 35, 44 trade 40 Channels, obstruction of 350 Charts 345 of Coast and Geodet ic Survey 432 room, deductions for 26 Charterer, liability of 100 Charter, of foreign-built yachts 18 parties, tax on 400 Chemical acids on vessels 117 Chesapeake City, Md., enrollment and license of vessels at 46 Chicago Harbor, anchorage grounds in 361 Chief of the Revenue-Cutter Service 424 China, export or import of opium 306 Chinaware, liability for 100 Chinese coolies 276 immigration 264, 265 restricted in Hawaii < 228 restricted to certain ports 269 prostitutes 277 shall not enter United States from Hawaii 228 Cholera 248,249 Cigars, importation of 173 Cincinnati, Ohio, on try of imported merchandise at 178 Citizenship, Chinese not admitted to 276 master's oath of 31 of crews of mail steamships 280 officers 50 seaman 55 proof o f seaman's 56 Claims, aibitration of seaman's, before shipping commissioner 75 Cleanliness on immigrant ships 128 Clearance at special ports 181 blank forms on Great Lakes 411 fees upon 147 ferryboats exempt from. 16S for another great district 220 form of 146 master's oath concerning mails before 282 not to be granted until exj)ort meat inspected 294 issue of cattle certificate 293 oath of export before 167 of foreign vessel 149 merchandise, tax on 401 tugs towing on Great Lakes 215 vessel 145 vessel for Lake Champlain 182 yachts 18 register to be returned at 149 470 INDEX. Page. Clearance subject to State inspection laws 147 to be refused until alien immigrant laws complied with 261 withheld for violating passenger act of 1882 132 when seaman illegallj' discharged abroad 151 within a great district 218 Cleveland, Ohio, marine hospital not to be sold 418 Closets on immigrant ships 126 Clothing, forfeiture for desertion 81 of seaman exempt from attachment 74 supplied for seaman 97 Clubs, yacht belonging to 18 Coal, delivery of 165 export of, in war 373 for vessels exempt from dutv in certain cases 204 liabili+.y for .' 100 manifested " for orders " 174 oil on vessels 117 time for unlading 188 when exempt from duty 171 Coast and Geodetic Survey 432 survey charts 345 Coasting laws, evasion of, on Great Lakes and northern frontiers 208 permit, vessel with foreign cargo 167 trade 218 agreement of seaman in 64 to Alaska 231 allotments in, prohibited 73 around Cape Horn 432 arrival of vessel in, at port other than that of destination 224 by way of Isthmus of Panama 432 cattle in 298 desertion in 65 failure of seaman to render himself on board vessel in 65 foreign vessel shall not engage in 224 Lake Michigan 215 license for 42 Long Island and Rhode Island 223 manifests for .^ 222 Mississippi River 222 New York and Paris not admitted to 40 payment of seaman in 70 penalty for violating laws concerning 225 prohil)ited to vessels built for foreign account 204 registered vessel in 21 G, 223 shipment of apprentice or servant in 64 seaman in 57, 63 transportation of i mported merchandise 216 tonnage taxes in certain cases 137 vessels qualified for 16 vessel, penalty for engaging in the foreign trade 148 voyages of foreign vessels 224 Cod fisheries, license for 42 Coin shall be transported 147 Cold Spring, N. Y., issue of documents at 46 merchandise destined for 180 Cold weather, protection against -• 98 Collection of duties 183 Collector of customs 405 may act as shipping commissioner 56 to inspect provisions and water 9.t to remeasure vessels in certain cases 29 Collision, duty of master in case of 307 liability for damage by 122 in case of 307 owners' liabilit j' for damage by 100 rules to prevent 307 Colon, mail agency at 285 Colorado, ports of delivery in 446 Commerce may be suspended in the interests of public health 249 INDEX. 471 Pago. Commerco -with contiguous coiiutries 208 Commercial brokers, taxes on 'MH Commission of yachts 1^ Commissioner General of Immigration 11!) of Navigation 103 may issue registers IG Commissioners of district courts 133 immigration 119 Common carrier, exemption from seizure 156 on immediate transportation routes 106 l)onalty for violating (Hiarantine laws 250 Compensation of consuls 207 of inspector, supervising discharge of cargo 187 special, for ocean mails 280 Congress, acts of, included in this compilation 151 Consignee, form of oaths on entry 173 may select shipping-commissioner as arbitrator 75 or owner's entry of merchandise 168 to deliver outward manifest 146 when may ship seaman 57 Consul, duty as to sanitary report 418 of, concerning deceased seaman's ert'ects 77 to reclaim deserters 74 of, toward destit ute seaman 76 fees of 206 foreign, to withhold register tiutil clearance granted 150 liability of, for seaman's wages 67 must certify to discharge of seaman abroad 62 not to be interested in furnishing clothing or transportation to seamen 207 services to A'esscls 206 shipment of seaman by 60 to approve list of immigrants 254 cause inspection of seaworthiness in foreign port 94 furnish master with statement of services 150 keep list of discharged seamen 206 inspect provisions and water 95 report wrecks abroad 287 retain papers of American vessels 206 Consular bills of health 246 tonnage charges 138 Consulates of the United States 447 Coni agious diseases, introduction of 247 Contiguous countries, commerce with 208 Contract alien immigration 256 coolie labor 276 Conveyance of vessel 36 Convict, foreign immigrant, to be deported 256 immigration prohibited 255, 261 Coolie trade 276 Corporal punishment prohibited 82 Corporation, enrollment and license to 44 owner of vessels 15 registers to 35 Cost of ocean mails, 1899 282 Cotton, on vessels 115. 117 Country of origin to be marked on merchandise 172 Crew. See also Seaman. Crew accommodations 25 on Mississippi River steamboats 26 failure to produce 62 list 58.61 form of 62 to be approved by collector 61 may demand inspection of seaworthiness or supplies 93, 94 space 25 exemptions from 26 measurement of 27 Crimes ."79 deemed piracy '. 387 472 INDEX. Page. Crimes in Alaska 235 oil the Great Lakes 385 State laws relating to 384 Cruel treatment of seaman 380 Cruelty, examination into, abroad 74 seamen's redress against, abroad 68 Cruiser, auxiliary 40, 280 Currency, liability for 100 shall be trans])orted 147 Custody and surrender of register 34 Customs districts 439 duties, refund of 200 house brokers, taxes on 398 houses, transfer on accoiint of diseases 252 inspection at Canadian and Mexican frontiers 210 laws directly relating to vessels 152 officers 405 awards 157 jurisdiction of, in seizures 153 officers of revenue cutters to act as 289 Cutting submarine cables , 395 D. Damage 1 ty collision, owner's liability for 100 tire, owner's liability for 100 liability for, by explosion, tire, or collision 122 to harbor works 349 Damaging vessel or cargo, seaman's penalty for 81 Dam as obstruction 347 Dangers of the sea, liability for 102 Dangerous articles on vessels 117 Day, definition of 185 Death, must be entered in log book 99 of passenger 130 Debt, limit of seaman's 74 Deceased seaman, etiects of 77 Deck house, definition of 24 room on passenger vessels 115 tonnage 21 Deduction, for crew spaces 25 donkey engine 27 propelling power 27 sails' space - - - 27 steering gear, capstan, anchor gear, charts, aud boatswain's stores 26 from gross tonnage 25 Avages to be accounted for 67 of net tonnage 26 Defects in entry of merchandise 169 Defenses of harbors 373 Definition of breadth 22 Chinese laborer 266 merchant 267 day 185 depth 22 home port and port 31 length 21 master 55, 163, 396 merchandise 163 net tonnage 28 night 185 officers 50 owner 55 port 163 register tonnage 28 registered vessel 15 sail vessel 308,319,331,338 seaman 55, 87 INDEX. 473 Pago. Defintion of short blast 318 sniuggliiifj 157 steam vessel lOf), ;50S, 819, WM, 338 toimago 22 deck _ 21 vessel 1;">. •">•">> 3!(6 visible 308, 31tl, 332 Delivery, immediate, of mercliaiidisi' 195 of cargo ill various districts 167 imported merehaudise, oaths before 169 permit for 183 penalty of master for proceeding to port of, before entry 161 port of, cargo unladen at 164 ports of 439 vessel hound to ]>ort of 164 Deportation of pi'ohibited immigrants 260 Depth, definition of 22 vessels %vith water ballast 25 Deputy collector of customs w^ith collector's powers 408 commissioner of navigation 404 Derelicts -- 344 Deserter, cousul's duty to reclaim 74 substitute must be provided for 60 Desertion, application of forfeiture of wages 81 from seaworthy vessel 94 in coasting trade 65 of fisherman 65 foreign seaman in the United States 74 seaman abroad 74 penalties for 80 Destitute American seamen 68 seaman 76 rates of transportation for 76 Destruction of vessel, cancellation of register on 38 Detention of immigrants 259 Detroit River. See Great Lakes. Diamonds, liability for 100 Dike as obstruction 347 Discharge of cargo by night 184 by day 185 (inly by day on Great Lakes 214 under quarantine laws 251 supervision of 186 time allowed for 188 where no custom-house on Great Lakes 215 imported merchandise, returns of 190 distilled spirits 189 passengers on Great Lakes 215 seaman 56 arbitration of, before shippiug commissioner 75 by master 67 certificate of seaman's 67, 69, 87 for injury or illness abroail 68 from unsea worthy vessel 94 in foreign trade 66 in foreign ports 67, 68 method of 67 Discipline on immigrant ships 128 Discriminating duties 143 on American vessels or jiroducts 137 tonnage taxes 136 Discri mi nation 140 against products of the United States 142 in pilotage 133 on Canadian canals 142 Diseased cattle, import of, jirohibited 296 persons, immigration of, prohibited 261 Diseases, introduction of contagious or iufVctious 247 Disinfection o f vessel 249 474 INDEX. Page. Disobedience, penalty for 80 Distilled spirits, arrival of vessel in foreign trade with 164 as sea stores 165 domestic, in coasting trade 222 entry of 170 importation of adulterated 301 into Alaska 231 in another great district 220, 221 great district trade 218, 21!) manifest of 174 unlading of 189 Distress, aid to vessels iu 344 merchandise may be reladen on vessel iu 192 of weather, unlading on account of 184 report of vessels in 191 signals 318,329 unlading vessel iu 184 District court commissioners 433 enrollment outside of 45 great coasting 218 Districts, customs 439 for inspection of hulls and boilers 413 Docks, special taxes on, in Alaska 233 Documents, forms of 163 immaterial errors iu 163 of vessels 30 on Great Lakes 16 peualty for fraudulent 48, 49 Domestic commerce 218 ports, inspection of seaworthiness at 93 Domestics not regarded as alien contract immigrants 257 Dominion of Canada. See Canada. Donations for marine hospitals 87 Donkey engine, deduction for 27 Draft of vessel 20 in war, exemptions from 51 Drawback on merchandise imported for export 167 Drawbridges 352 Drunkenness, penalty of master or seaman for 82 Dubuque, Iowa, entry of imported merchandise at 178 Dues, tonnage 135 Dumping iu New York harbor 357 into navigable waters 349 Duration of license of vessel 43 master's license 52 ofHcer's license 50 Duties, collection of 183 discriminating 143 refund of customs . 200 on repairs abroad to vessels on Great Lakes 213 Duty, tonnage - 135 Dye woods, manifested " for orders " 174 time for unlading 188 Dynamite prohibited on immigrant vessels 129 E. Edgecomb, Me., entry of vessels belonging to 179 Effects, forfeiture for desertion 81 of deceased seamen 77 sold, statement of must be entered in log book 99 Electric launch, inspection of 106 Ellis Island, immigrant privileges 264 Enemies, owner's liability for acts of iiublic 102 Engagement of seamen 56 Engine bells to be audible in pilot house 115 Engines, deductions for 27 Engineer, duty of, in river navigation 342 exempt from draft iu war 51 INDEX. 475 Engineer, license of ." 52 loss of rating 53 misconduct, liability for damage by 123 must answer steamboat-inspection inquiriee 121 naturalization of 51 oath of licensed 53 of ferryboat, caual boat, and yacht 10(5 of steam launches lOfi penalty for dumping in channel 350 failure to obey inland collision rules 319 negligence, incapacity, intemperance, etc 53 qualifications of 53 renewal of license 122 revocation of license 106 Engravings, liability for 100 Enrolled and licensed vessel 16 Enrolled vessel, iu the foreign trade 118 Enrollment and license of vessels at ports of delivery 46 exchauge for register 40, 148 inspection of 46 method of 41 form of 41 not issued until steam vessel inspected 105 of steamboat owned by alien 16 of vessels on the Great Lakes 16 offenses against 49 outside of district 45 penalty for fraudulent 48 special provisions for 45 to corporations 44 Ensign of Revenue-Cutter Service 289 Entry of vessel 145, 164 at port whence cleared 164 at port where owned 164 in foreign trade with distilled spirits 164 from one district to another on Great Lakes 214 foreign vessels may unlade only at ports of 164 forms of oaths on 173 report on 164 master shall mail special manifest on 165 deliver mails before 283 must be reported within twenty-four hours 164 not permitted until vessel has undergone quarantine iusi>ection 249 oath of owner on 148 penalty of master for proceeding to port of delivery before 164 preliminary, of vessel 183 quarantine laws on 246 register to be deposited on 149 report of master on 164 to another great district 221 tugs towing on Great Lakes 215 vessel on Great Lakes 209 vessels exempt from 169 vessel not to depart until, made 165 when not required in coasting trade 222 within a great district 219 yachts 18 of merchandise 163 at special ports 177 by consignee or owner 168 tor different i)ort of destination 182 from vessel in distress 192 imperfect 169 in bulk 165 tax on 401 wines and distilled spirits ] 70 log book 98 method of 99 ports of 11)4, 439 470 INDEX. Page Entry of baggage, wearing apparel, and tools of trade 171 of tea 303 special, of express packages 202 Epidemics. See Quarantine. Eciuipment of vessels, when exempt from duty 171 Error^. immaterial in docnmeuts 163 Evansville, Ind., entry of imported merchandise at 178 Excessive sea stores dutiable 170 Excursion vessel 120 Executive officers 403 Exemptions from crew spaces 26 forfeiture 156 tonnage tax 135 of vessels from measurement 29 Exhibit of officer's license 51 steamboat laws 121 Explosion, liability for damage by 122 Explosive cargo 117 Explosives, interstate transportation of 130 lial.ility for 101 prohibited on immigrant vessels 129 Exportation of opium to China 306 Export, inspection of merchandise for 166 of coal during war 373 meat, inspection of 294 transfer of inii)orts for 167 Express companies, immediate transportation by 197 packages 202 Extortion 409 by shipping commissioner 57 from seaman 73 Extra wages, upon discharge abroad 67 F. Failure to produce crew 62 Feed water 112 Fees for certain railroad car manifests 195 copy of mortgage or bill of sale 37 measurement 28 of appraisers of seized property 154 consuls 206 seaman as witness 90 on license and enrollment 41 paj able by private persons 435 table of, to be exhibited 409 upon clearance 147 Felony, misprision of 383 Ferry boat, change of master 44 engineer and pilot of 106 exempt from entry 169 inspection of hull and boiler 106 need not carry certain life-saving appliances 113 certain transfer, exempt from special inward manifest 165 owned by foreign railroad 225 special taxes on, in Alaska 233 Filibustering expeditions 362 Fine, proceilure in , 156 See (lUo Penalty. Firearms, importation of, into Alaska 231 Fire buckets 116 criminal destruction of vessels by 383 extinguishers 116 liability for damage by 122 owner's liability for damage by 100 protection against " 115 provisions against, on vessels 117 safety against 92 Firm, bond of 199 INDEX. 477 Fishories, license for -42 in Alaska 233 North Atlantic 370 penalty of vessels unlawfully engaged in 22:1 seal 23(j vessels qualilied for It3 Fisliernian, agreement with 05 desertion of G.") discriminations against American 1 10 neglect of duty by Ol! Fishing vessel, agreement of seani-in on T)!) discriminations against American 14ft duty of, near cable vessel 396 exempt from law concerning crew spaces 26 tonnage tax 136 libel of 66 with foreign merchandise 148 Fish, when entry of foreign jtroiiibited 141 Five tons, documents of vessels over 17 Flatboat, exempt from documents 17 Floats 02 Flogging prohibited ^2 Florida, export of live oak timber from 147 subports in 446 waters, wrecks in 288 Fog, sound signals in 314. 31^3, 334, 340 Food products, importation of adulterated 301 scale of, for seaman 86 See Provisions. Forecasts of weather 345 Forecastle, inspection of packages in 153 Forgery of marine documents 385 Foreign-built vessel, inspection of 108 Foreign countries, transportation in bond through 1!)3 government vessel, exempt from entry 160 laws, concerning measurement 28 ports, desertion of seaman in 74 destitute seaman in 68 discharge of seaman in 67 on complaint in 68 inspection of seaworthiness in 94 juristliction over American seaman in 88 quarantine regulations at 248 registered vessels in coasting trade touching at . 216 return of destitute seaman from 76 sale of vessels in 68 seaman may be returned from, as witness 90 shipment of seaman in 60 trade with, may be prohibited in the interests of iiublic health. 249 seaman, desertion of in Uu ited States 74 jurisdiction over, in American ])()rts 88 may be admitted to marine hospitals 88 steam vessel, inspection of 105 trade, agreement of seaman in 58 diseliarge in, of seaman 66 (!nrolled or licensed vessels in 1 1>< payment of sean\an in TO tugboat in towing 225 vessel, allotment on 73 as ))rize may be registere-tl !•"> certain, may be registered H> forfeited may be registered 15 Ibrfeiture of, for discrimination IK' in trade with Alaska 212 ma&ter of, to deliver manifest on coasting voyage 225 may carry certain imported merchandise between Anu*rican ports 224 may unlade only at port of entry 164 measurement of 29 47as8enger8" and baggage road 254 imported cattle 298 inward manifest by boarding officer 175 meat for export 294 merchandise for reexport 166 registered foreign-built vessels 108 seaworthiness in foreign ports 94 steam vessels 105 tugboat, towing boat, gas, naphtha, and electric launches 106 vessels for mails 283 preliminary to inspection or enrollment 105 quarantine 249 Inspector to be placed on board vessel 176 supervise discharge of cargo 186 supervising discharge of cargo entitled to provisions and accommo- dations or 50 cents a day 187 Instruction in shipbuilding 370 Insurance policy, tax on marine 401 Intemperance of engineer 53 mate 52 pilot 53 penalty for master's 52 Intermediate port on Great Lakes, discharge or lading of merchandise, etc 214 vessels touching at, on 5sorthern, Northeastern, and North- western frontiers 169 International Marine Conference, convocation of American delegates to 318 Navigation Company, mT 2 31 482 INDEX. J. Page. J ii] )ane8e coolies 276 prostitutes ,. 277 Jefferson ville, lud., ontry of imported merchandise at 178 importation of merchandise at 180 Jersey City, enrollment and license of vessels at 45 Jetty as obstruction 347 Jewelry, liability for 100 • lurisdiction of customs otticers iu seizures 153 over American seamen in foreign ports and foreign seamen in American ports 88 Jute butts, manifested '-for orders" 174 time for unlading 188 K Kansas City, Mo., entry of imported merchandise at 178 Keepers of life-saving stations 420 Keokuk, Iowa, entry of imported merchandise at 178 Kidnapping 393 Kittery, Me., entry of vessels belonging to 179 L. Laborer, definition of Chinese 266 Lace, liability for 100 Lading, permit for, of export 166 .See also Bill of; Merchandise. Lake Champlain, importation of merchandise on ■ 216 special clearance of vessel for 182 See also direat Lakes. Lake Michigan, anchorage grounds near Chicago 361 coasting trade of 215 Landing of cargo. See Delivery; Merchandise. Larceny ^'^^ Launch, pilot and engineer of 10^ Laws, table of, included in this compilation 451 Leaky vessel, inspection of 93, 94 Leavenworth, Kans., entry of imported merchandise at 178 Lecturer not regarded as alien contract immigrant 257 Legal procedure, general rules for 375 Lemon juice ^^ Length, definition of - 21 Liability lor damage by explosion, damage, or collision 122 explosives, gunpowder, lime, etc 101 of charterer 101 owners, masters, and shippers - 100 vessel for nonpayment of wages 71 Libel, certaiii vessels exempt from 72 costs in 376 general bond for 103 of fishing vessel - 66 vessel for violation of revenue laws 157 procedure in cases of 375 License as offlcer , definition of 50 duration of ^3 master's. 52 officer's 50 exhibit of officer's 51 expiration of vessel's, at sea 226 form of vessel's 42 inspection of vessel's 46 laws of vessel's 43 method of vessel's 41 not issued until steam vessel inspected 105 u umber of vessel's 43 of engineer 52 offenses against 49 of officer 51 master 5- INDEX. 483 x'aK». License of mate 52 naturalized engineer or pilot 51 l)ilot 53 stianiUiiat owned by alien 16 vessels at i)oit3 of delivery 46 vessel, cbanj^e of master 44 penalty for fiandulent 48 revoeatiou of master's, en^intser's, or pilot's 1()6 special provisions for vessel's 45 surrender of vessel's A'.i to corporations 44 Licensed ofKcer, oath of 53 pension of 51 qnalihcations of 50 Licensed A^essel, in coastinj;' trade 222 in the foreign trade 148 on the (i reat Lakes 16 penalty for sale to alien 226 under 20 tons 17 Licensed and enrolled vessel 16 Licensed yacht 17 Lien by bottomry 36 for freight or general average 203 passenger bead tax 253 of seaman for wages nonforfeitable 68 upon vessel f r wages ()8 Life boats 92, 113 lines 113 preservers 92,113,114. 120 provisions for safety on vessels 92 Life-saving apparatus, must be approved by supervising inspeetors 107 medals :)68 Service 419 may be admitted to marine hospital 88 Light dues, foreign 135 Light-House Board 427 districts 4 29 Light money 138 ships 344 Lighter exemjit from documents 17 liability of 102 Lights on vessels 308-319, 332-338 Lime juice * 97 Lime, liability for 101 Limitation of time for forfeiture under revenue laws 161 Lines separating international and inland rules to prevent collisions 329 Liquors. -sVe Distilled spirits. Lists of alien immigrants 253 crew 5(S, 61 merchant vessels 403 passengers. See Passenger list. Live-oak timber 147 Live stock, disposal of seized 155 on immigrant vessels 129 (luarantineof 297 trade 'J93 Loading safety valves, penalty for 112 Lodgers, soliciting 75 Log book 98 entry of oflenses in 81 method of entry in 99 Logs in channels 350 Long Island, New York, coasting trade to Khode Island 223 Loss of register ! 3S vessel, cancellation of register on '. 38 to be reported 286 Louisiana, export of live-oak timber from 147 Louisville, Ky., entry of imported merchandise at 17s Lunatic immigration prohibited 255 484 INDEX. M Page. Macliint'ry, deductions for 27 for repair exempt from duty 205 inspection of 108 Mackerel lisheries, vessel licensed for, may engage in ot iier fisheries 226 license for 42 Madison, Ind., entry of imported nnTchandise at 17^ Mail agencies abroad 285 Mails, general contracts for 284 inspection of vessels for 283 ocean 279 to be delivered before entry of vessel 283 by master 282 Manning in foreign ports 94 of steam passenger vessels 108 owner's liability for 102 Manifest, blank forms on Great Lakes 411 coasting, within a great district 218, 219 another great district 220, 221 copy of, when vessel proceeds to another district 167 examination of, by Kevenue-Cutter Service 289 failure to produce 174 ferryboats exempt from 169 in foreign trade on Great Lakes 214 inspection of inward, by boarding officer 175 inward 173 loss of or error iii 175 on Great Lakes 209 of bonded merchandise for different port of destination 182 certain railroad cars exempt from fees 195 foreign vessel on coasting voyage 225 immigrants 253 passengers 174 passengers. See Passenger list. registered vessels in coasting trade touching at foreign ports 216 sugar, coal, salt, hides, d.\ e woods, wool or jute butts 174 provisions for in coasting trade 222 returns of merchandise discharged to be compared with 191 outward 145 special inward for Treasury Department 165 tax on 400,401 to be exhibited to boarding officers 152 specify sea stores 170 Manslaughter 379 Manuals of navigation 345 Maps 345 Marine documents, decisions regarding 403 forgery of 385 hospital, sale of 418 service 87, 417 to inspect provisions 93 to be sustained from tonnage tax 135 insurance policy, tax on 401 protest, tax on 402 Maritime canals 372 Marking of crew spaces 12 official number 18 of net tonnage 28 Marks of foreign merchandise 172 Marooning 383 Marten trade 242 Marriage, must be entered in log book 99 Master, accommodations for 26 application to deliver mails 282 carrying explosives, cattle, etc., on immigrant vessels 129 change of 36,44 definition of 55,163,396 duty of, concerning deceased seaman's effects 77 entering within a great district 219 INDEX. 485 Master, duty of, in river navifjatlon 342 siiipinent of stainaii 58 trade on (ireat Lalvcs 211 with cargo for recxjjort lt>() exempt from draft in war 51 failure to carry niedieiue chest 98 deliver manifest of immigrants 255 exhibit steamboat laws 121 give evidence in seaman's case 75 Keep number of passengers 120 night Avatehman IIU make entries in log book 99 obey passenger aet of 1882 125 protect against eold weather 98 provide closets and ventilation 12t) medical attendance on immigrant ships 127 provisions on immigrant ships 127 sutlicient piovisions and water for seaman 95 report arrival 164 in coasting trade at port oilier linn that of destination 224 repairs abroad to vessel on (Jreat Lakes 213 sign seaman's certificate of discharge 67 guilty of manslaughter 380 seduction 381 liability of, for damage 100, 123 missing or broken packages 153 for wages 70 license of 52 may act as pilot 1 53 select shipping commissioner as arbitrator 75 oath of 162 citizenship ^ 31 on entry and clearance 145, 173 of, on license of vessel 41 licensed 53 in regard to mails 282 of foreign vessel, failure to comply with laws in coasting voyage 225 to deliver manifest on coasting voyage 225 deposit register 149 tugboat, towing boat, freight boat, gas, naphtha, and electric launches 106 vessel in sealing trade 236 yacht, penalty on 18 penalty for proceeding to port of delivery before entry 1(54 refusing to accommodate inspector 187 cause survey 93 hear complaint of provisions 96 survey of unsea worthy vessel 95 to transport destitute seaman 76 shipping seamen abroad illegally 61 transporting alien contract immigrant 257 unlading merchandise by night *- 185 without customs permission 184 breaking seals 187, 211 clearing without manifest 115 in violation of passenger act of 18S2 132 dispatching unseaworthy vessel 92 drunkenness of 8-' dumping in channel 350 employing cori)oral punishment 82 excess of passengers 119 false oath on registry 31 statement of destination 176 weight and measurement of provisions 97 illegal account of wages 67 insnflicient water and jnovisions 95 illegal shipment of seaman 60 maltreating seaman 380 486 INDEX. Page. Master, penalty for misconduct, intemperance, etc 52 nenlecting duty concerniug deceased seaman's effects 77 nonpayment of wages by 70 violating apprenticeshii^ law 58 great district law 219-220 New York i '. arbor laws 357 law concerning berths 125 law concerning transportation of bonded mer- chandise 182 New York and Chicago anchorage laws 361 laws on Great Lakes 215 when merchandise does not agree with manifest 175 for violating Chinese immigration laws 270 failure to comply with in8pecti(m requirements 107 laws when proceeding from district to district with imported cargo . . 168 deliver manifest in foreign trade on Great Lakes . 209 temporary register 38 discharge seaman or pay wages legally 67 exhibit manifest in coasting trade 222 enrollment or license 46 list passenger's death 130 make agreement in coasting trade 64 obey inland ccdlisiou rules 319 produce crew documents 63 manifest 176 report sale 35 return seaman 62 surrender officer for use of corporal punishment . 83 register or enrollment or license 40, 43 procedure against, for violation revenue laws 157 qualitications of - 52 removal of 54 renewal of license 122 report of, on en try 164 revocation of license 106 subject to jurisdiction of navy officer in certain cases 207 summary trial of 377 to pay alien head tax 253 post shipping articles 59 present duplicate mauifests on Great Lakes 214 produce bill of health 248 crew list and crew on return 62 manifests to boarding officer 175 receive statement of wages 69 require statement of consular service 150 report arrival before departure 165 of vessel in district other than that of entry 167 with distilled spirits 164 in coasting trade at port other than destination 224 report death of passenger - 131 marine accident or disaster 286 sale of vessel 35 sea stores 170 secure discipline and cleanliness on immigrant sLiips 128 ship seaman before consul al)road 60 substitute for lost seaman 60 sign inward manifests 173 list of immigrants 254 release of wages 69 stay by in case of collision 307 transport destitute seaman 76 answer steamboat inspection inquiries 121 apply for inspection of hull 92 assist boarding officers 152 be American citizen 15 be licensed for wrecking purposes in Florida 288 deliver manifest in foreign trade on Great Lakes 209 outward manifest 145 INDEX. 487 Master to del i vor passenger list 130 seaman account of wages 67 deposit and rcreivo, rcj^ister 149 papers with consul 151 indorse agreement w i th lisluTuien 65 exhibit manifest in coasting trade 223 tile crew list with collector HI first sign shi])i)ing articles 58 furnish hill of lading 103 give bond when jiroceeding from ilistrict to district 1(57 keep Aveights and measures i^ make oatli of port to wliich honnd 146 mail special manifest on entry 165 make protest of vessel in distress 191 when may ship seaman 57 Matches, liability for 101 on vessels 117 Mate, ext-jupt from draft in war 51 failure to give evidenct^ in seaman's case 75 keep night watchman 116 license of 52 may act as pilot 53 must answer steamboat inspection inquiries iL'l may demand inspection of seaworthiness or supplies !*3, i*4 misconduct, liability for damage by 123 oath of licensed 53 of tugboat, freight boat, gas, naphtha and electric launches 106 penalty for failure to obey inland collision rules 319 illegal shipment of seaman 60 misconduct, intemperance, incapacity, etc 52 qualifications of 52 renewal of license 122 revocation of license 106 Materials for repairs exempt from duty 205 shipbuilding exempt from duty 204 Mayhem 381 Measurement 21, 403 according to foreign laws 28 appendix of 28 certificate of 21 exemptions from, in certain cases 22 fees lor 28 method ol 22 of American-built vessels owned by aliens 47 between decks 24 deck houses 24 foreign vessels 29 immigrant ships 131 open vessels 25 spaces for water ballast 25 to be taken in feet and decimals 22 vessels exempt from 29 when not necessary anew 17 Measures, accurate, shall be carried 97 Measuring imported merchandise 188 Meat, inspection of, for exi)ort 294 trade between States 205 Medals, life-saving 'AGS Medical attendance on immigrant ships 127 Medicine chest 97 Mediterranean passport 19, Mil, 150 Memphis, Tenn., entry of imported merchandise at 178 Merchandise, i)ond of, for reexport lt)6 bulk Ifi5 carriage of IHI certain, exenijit from forfeiture 226 compared with manifest 182 definition of 163 delivery in several districts 167 488 INDEX. Merchandise, discharge. of, at ports on Great Lakes where no custom-house 215 under ([uaranti iie laws 251 1) y d ay 185 discriminating duties on 143 disinfection of 248 dis])osition of seized 156 domestic, in coasting trade 222 entry of 163 at special ])orts 177 for different port of destination 182 to be entered only at port of entry 164 forfeiture of, when does not agree with manifest 175 for ini])ortation in certain vessels 143 fraudulent importation of 201 immediate delivery of 195 imperfect entry of 169 imported in great district trade 218, 219 in another great district trade , 220, 2Jl for immediate exportation 224 importation of, on Lake Champlain 216 at Canadian an3 Mexico, allotment of wages ])rohibited to 73 certain ports exempt from bills of health 247 immigrant ships from, exempt from act of 1882 124 immigration from borders of 2t)0 inspection at frontiers of 209 ports irom which mercbandiso may be transported in bond for 416 rules to prevent collisions on rivers emptying into Gulf of 337 shipment of seaman to 57,63 special importation of merchandise to 194 trade with 208 transportation of 1 )onded merchandise through 195 Milk on immigrant ships 127 Mines, submarine 373 Minister, not regarded as alien contract immigrant 257 Mink trade 242 Misprision of felony 383 Misconduct, investigation of officer's 122 liability for damage by officer's 123 of mate 52 penalty for master's 52 Mississippi, boiler shells on Ill export of live oak timber from 147. River boats 26 coasting trade on 222 boiler inspections on 109 lights and beacons on 429 and tributaries, rules to prevent collisions on 337 Missouri River, lights and beacons on 429 rules to prevent collisions on 337 See also Mississippi River. Moieties, informer's awards l.o7 Money, liability for 100 Mortgage of vessel 36 tax on 401 Most favored nation clause 136 Municipal quarantine regulations 247 Murder 379,388 Mutiny 382 N. Name of vessel 19, 404 change of 19 not changed with change of build 36 of yachts 18 unchanged on issue of new documents 43 Naphtha launch, inspection of 106 on vessels 117 Nashville, Tenn . , entry of imported merchandise at 178 Natchez, Miss., entry of imported merchandise at 178 vessels from foreign ports bound for 179 Naturalization of engineer or pilot 51 seaman 55 Nautical almanac 345 490 INDEX. Page. Naval militia 370 officer of customs 405 wlieii may 1)6 abolished 431 Navy officer on oceau mail steamer 281 to act as consul 207 inspect provisions and water 95 ration 371 to enforce scaling laws 237 vessel exempt from entry 169 to ai(l vessels in distress 344 Navigable waters, dumping into 349 obstructions to 347 Navigation, Bureau and Commissioner of 403 laws 404 liability for errors in 102 obstructions to 347 of canals 354 text-books 345 Neat cattle, importation of 299 Neglect of duty by lisherman 66 penalty for seaman's 81 Neglect, penalty for master's 52 Negligence of engineer 53 pilot 53 Net tonnage 25 definition of 28 to be marked 28 stated in register 28 Neutrality 362 New Albany, Ind., entry of imported merchandise at 178 Newcastle, Me., entry of vessels belonging to 179 Newfoundland, allotment of wages prohibited to 73 shipment of seaman to 63 "New York," act adinitting 39 New York and Cuba Mail Steamship Company, mail service by 280 New York Bay, anchorage grounds in 361 Harbor 356 transportation of merchandise from, across New Jersey 181 via, for British provinces 195 Nicaragua canal 372 Night, definition of 185 discharge o f merchandise by 184 permit to discharge ou merchandise by, on Great Lakes 215 watchman 116 Nitroglycerine on vessels 117 prohibited on immigrant vessels 129 North Atlantic fisheries 370 Northern and Northwestern frontiers. See Great Lakes. Northern frontiers, evasion of coasting laws on 208 Northern, northeastern, and northwestern boundaries, trade with 208 frontiers, documents of vessels for. . 16 regulations for foreign ves- sels on 212 special procedure for re- mission of penalties on. 292 vessels on, exempt in cer- tain cases from tonnage taxes 169 Northwest Territory, trade with, through Alaska 234 Number, official 18 of licenses 43 passengers 120 on immigrant ships 124 register 34 O. Oath of agent or attorney 'ou registry 32 corporation owning vessel 35 licensed officer 53 INDKX. 491 I'ago. Oath of master and ownor 162 ofciti/enship 31 oil eloarance 145 or owner on license of vessel 41 owner on registry 30 on entry, form of 173 Obstruction by ice to discbiirye of curt;!) 192 of channels 350 to customs orticer 49 navigation 347 tc) bo marked 344 Oceanic Steamship Company, mail compensation of 282 Ocean mail agents on Pacific steamers 285 service 279 mails, approi)riations for 1899 282 general com))ensatitm for '. 284 provisions concerning 282 stipulations in contracts for 284 transportation of, in foreign vessels 285 Offenses against the registry law 48 registry and license lav?s 49 log book, entry of, in 81 of seaman 80 entered in log book 98 State laws relating to 1^84 See also Penalty. OflScer, citizenship of 50 definition of 50 failure to keep night watchman 116 guilty of seduction 381 investigation of incompetency or misconduct of 122 licensed, pension of 51 license of 51 must be American citizen 15 oath of licensed 53 of American vessels 15 merchant vessels - 50 the United States when not to be interested in vessels 409 tugboat, towing boat, freight boat, gas, naphtha, and electric launches 106 panalty for carrying alien 138 illegal shipment of seaman 60 maltreating seaman 380 visiting immigrant quarters 128 Revenue-Cutter Service 425 shall exhibit license 51 summary trial of 377 Offices of shipping commissioners 405 Official numbers 18, 403 Ogdensburg, N. Y., tolls on passengers and freight at 143 Ohio River, lights and beacons on 429 rules to prevent collisions on 337 See Mississippi River. Omaha, Nebr., entry of imported merchandise at 178 Open vessel, measurement of 25 Opium trade 306 Oregon, special procedure for remission of penalties in 292 Oriental coolies 27(5 prostitutes 277 Origin, country of, to be marked on merchandise 172 Otter trade 242 Outward manifest, form of 146 Owner, chang3 Partial delivery of caijjo 167 discriminating duties i;{7 Partnershij), bond ol' lyy Passenger acconunotlatinns on strain vessels 92 act of lf<82 124 baggage of. ininieiliato transportation of 197 in transit 171 barge, inspection of 93 carriage of II9 death of 130 head tax on 253 .lauding of, on CJreat Lakes 215 list...." 130 to be reported to tjeeretary of Treasury 130 ticket, tax on " 101 vessel, manning of steam ]ii>< Passengers, limit of ll!i manifest of 171 number of ' 120 number jicrmitted on immigrant ships 121 on excursion vessels 120 safety of, at regettas 343 shall not bo transported by foreign vessel lietween American ports. 224 Passport ' 1 49, 150 Pauper immigration prohil)ited 255, 2(il Penal tonnage taxes 137 Penalty. See also Fine and Forfeiture. Penalty, absence without leave 80 assaulting officer 81 assault, resistance, or obstruction of customs officer 49 boarding vessel 151 carrying alien officer 138 change of name 18,36 consul, for failure to eoUt-ct sciiman's wages 67 death of passenger 131 defective boiler ])latc3 110 desertion 80 detaining clothing 74 disobedience of seaman 80 dumping in channel 350 engineer's negligence, incapacity, intemperance, etc 53 enrolled and licensed vessels on northern, northeastern, and north- western frcmtiers 15 failure to deliver register 38 exhibit certifirate of steam vessel 121 enrollment and license 46 officer's license 52 mark name 19 net tonnage 28 official number 18 obey inland collision rules 319 produce bill of health 246 provide crew accommodations on Mississipjji Kiver steam- boats 26 medical attendance on immigrant ships 127 report change of master 'M], 45 surrender license 43 register or enrollment 40 temporary register 32, 38 take out register on change of build 36 false allotment claims 73 oath of agent or attorney on registry 33 fisherman for neglect of duty 66 foreign-built yacht owned, chartered, or used by American 18 foreign consul illegally returning register 150 master for failure to comply with laws in coasting voyage. .. 225 dejtoHit register 149 vessel transferring cargo or ]iroceeding inland without permit on Great Lakes or in Alaska 212 494 ' INDEX. Pago. Penalty, fraudulent documents 49 general power to remit 292 goods or stores in crew spaces 25 illegal landing of inunigrants 260 shipment of seamen 57 transportation of bonded merchandise 193 use of revenue-cutter ensign 289 improper crew spaces 25 in cases of summary trial 378 incurred for immaterial errors in documents 163 loading safety valve 112 master for breaking seals - 187 carrying explosives, cattle, etc., on immigrant vessels. . . . 129 clearing without manifest 145 departure without report 165 failure to comply with laws when proceeding from district to distrii t with imported cargo 168 failure to deliver list of innnigrauts 255 manifest in foreign trade on Great Lakes 209 deposit papers with consul 151 exhibit manifest in coasting trade 223 steamboat laws 121 keep number of passengers 120 list passenger's cleath 130 mail special manifest 165 make agreement in coasting trade 64 entries in log book 99 obey jiassenger act of 18f<2 125 post ship])iug articles 59 produce crew documents 63 manifests or for making false statement of destination 176 . provide provisions on immigrant ships 127 substitute GO report arrival 164 of vessel in coasting trade at port other than destination 224 consular services 150 repairs abroad on Great Lakes 213 secure discipline, cleanliness, and health on im- migrant ships 128 stay l>y in case of collision 307 sign seaman's certiticate of discharge 67 supply closets and ventilation 126 false registry oath 31 report of sea stores 170 weight or measurement of provisions 97 illegal account of wages 67 insufficient water and provisions 95 misconduct, intemperance, etc 52 missing or broken packages 153 neglect of duty to seaman when vessel sold abroad 68 obstructing boarding officers 153 proceeding to port of delivery before entry 164 refusing to accommodate inspector 187 cause survey 93 hear complaint of provisions 96 transport destitute seaman 76 shipping seaman abroad illegally 61 transporting alien contract immigrant 257 unlading merchandise by night 185 without customs permission 184 using corporal punishment 82 violating another great district law 220 great district law 219 laws concerning transportation of bonded mer- chandise 182 on Great Lakes 215 INDEX. 495 l'aj;o. Penalty for master and owner for dispatching nnscawortliy vessel 92 cxct'ss of ])as.seuf^er8 119 i'ailuro to carry modicino chest 98 comply with in8i>ectiou re(iuire- ments 107 protect against cold weal licr 98 provide sutlicient jirovisions for seamen 95 water lor sea- men 95 rei)ort marine accident or disaster. 286 sale 35 retnrn seaman 62 false oalh on license or enrollment 41 neglectiufj^ dnty concerning deceased sea- men's effects 77 vi be landed only ;it 208 of delivery, cargo unladen at KM vessel bound to Itil vessels enrolled and licensed at KI entry H>i foreign vessel may unlade only at 1(14 immediate transportation 196 yachts 18 to which immediate transportation permitted 198 warden, report on vessels in distress 191 Ports at which bonded warehouses are established 446 merchandise may be entered for transportation to otlnr ports without api)raisement 445 for bonded goods in transit to Mexico 446 of delivery 439 in Colorado 446 entry 439 Port Jefterson, N. Y., issue of documents at 46 merchandise destined for 180 Portland, Me., marine hospital not to be s(dd 418 transportation of merchandise via for British provinces 195 I'ortland, Oreg., arrival of vessel at 180 special clearance of vessel from 181 Porto Kico, trade with 229 Post entrj- of merchandise for export 167 on inward manifest 190 on outward manifest 145 Postage, usual, on mails by water 282 Postal subsidy law of 1891 279 Potomac River, obstructions to 355 Precious metals, liability for 100 Preliminary entry of vessel 183 Pribilof Islands 237 Privacy of immigrant passengers 128 Private secretary not regarded as alien contract immigrant 257 Prize, may be registered 15 registry of 30 Procedure against owner, master, or vessel for violation reveuuo hi ws 157 for nonpayment of wages 4 71 for violations of law concerning merchant seaman 83 in fines, penalties, and forfeitures 156 in remission of fines and penalties 291 special, for Alaska 233 under revenue laws 159 Products, discrimination against American 142 importation of adulterated 301 Professional men not regarded as alien contract immigrants 258 Professors not regarded as alien contract immigrants 258 Prohibited immigration 261 Propelling power, deductions for 27 Prostitutes, Asiatic 277 immigration of, prohibited 263 Protection against fire 115 of American seaman 55 Protest, marine, tax on 402 of master of vessel i n distress 191 Provisions, insufficient lor seaman 95 on immigrant ships 127 penalty for reducing allowance 96 of seaman for unnecessary complaint against 96 right of seaman to, begins 69 scale of 86 in Navy 371 seaman's redress against, abroad 68 shall be accurately weighed and measured 97 Prussia, tonnage tax on vessels of 1 37 Pumps .^ 92, 1 14, 115 Punishment of seaman 80, 383 NAV 99, PT 2 32 498 INDEX. Q. f'age. Qualifications of engineer 53 licensed officer 50 master 52 mate 52 pilot 53 Quarantine and bills of health 246 inspection 249 laws, discharge of cargo under 251 of live stock 297 regulations 418 reservations, trespass on 250 Quitting vessel 80 Quincy, 111., entry of imported merchandise at 178 R. Raft, may import merchandise on northern and northwestern boundaries 208 tugs towing on Great Lakes to enter and clear 215 use of, in foreign trade on Great Lakes 209 Railroad company, foreign, owning tugboat 225 iron, delivery oi^ 165 Rape 380 Rates of tonnage tax 135 Rating, loss of, by engineer 53 Rebellion, vessels sold, foreign, during 15 Receipts, liability incurred in shipping 102 Reciprocal acceptance of certificate of measurement 29 Canadian wrecking privileges 287 cattle export privilege 294 mail privileges with Canada 284 privileges in Alaska 234 for war vessels 371 stipulations in treaties 136 trade arrangements with British North America 216 Reciprocity in tonnage tax 135 on Canadian canals 142 Record of American-built vessels owned by aliens 46 Red D Line, mail service by 280 Red River of the North, boiler shells on Ill rules to prevent collisions on 337 Red River. See Mississippi River. Reexport, bond of merchandise for 166 Refund of customs duties 199 fine within one year , 292 tonnage tax 139 Refuse not to be thrown into navigable waters 349 Regattas, special rules for 343 Register, appendix to 28 cancellation of 38 copies transmitted to Commissioner of Navigation 34 exchange for enrollment 148 and license 40 form of 33-34 issue of on sale of vessel 35 loss of 38 master to deposit with consul 151 not issued until steam vessel inspected 105 number of 34 of American seamen 56 foreign vessel to be deposited with consul 149 withheld until clearance granted 149 trade-marks 173 vessels, particulars of 28 penalty for fraudulent 49 permanent 32 shall state shares of owners 31 surrender and custod v of 34 temporary ! 31,32,38 INDEX. 499 Pago. Register, to be deposited on entry 149 with consul 206 ri'tnrnt'd at cioarauco UK surrendered on sale H5 to corporations 35 tonnage, definition of 28 to state net or register tonnage 28 upon change of build 36 use of 34 Registered vessel, definition of 15 in coasting trade 223 may engage in coasting trade touching at foreign ]><)rt8 216 subject to pilotage 133 Registry by agent 32 attorney 32 law, offenses against 48 master's oath on 31 measurement preliminary to 21 not reiiuired of vessels on Great Lakes 16 oath of owner on 30 of certain vessels prohibited 15 sold foreign and resold 16 of prize 30 of vessel, particulars of 21 under forfeiture 31 of whaling vessels 16 of wrecked vessels 16 penalty for false oath of owner 31 fraudulent 48 place of 31 special law for 39 Regulations of supervising inspectors of steam vessels 412 Relatives may be assisted as immigrants 2G1 Remeasnrement 21, 29 Remission of tines and penalties 291 forfeiture 155 penalties in Alaska 234 for violation of revenue laws 159 Removal of master 54 obstructing wrecks 353 Renewal of officers' licenses 122 Repairs, duties on, to vessels on Great Lakes 213 materials for, exempt from duty 205 Report, form of, on entry 164 of master on entry 164 mortgage, bill of sale, or conveyance 36 wrecks and marine accidents . .* j 286 Resistance to customs officer 49 Retaliation 140 Return of unlading of merchandise 190 Revenue-Cutter Service 289, 424 to assist In life saving 420 to enforce sealing laws 237 cutters not U> be used for i)rivato purposes 290 officers of, to board vessels 152 to aid A-essels in distress 344 to cooperate with Navy 426 to enforce quarantine laws 2.">0 St. Marys River rules 312 Revenue laws, procedure against owner, master, or vessel for violation of 157 procedure under l.o't Revised Statutes, table of sections included in this compilation 451 Revocation of officer's license 51 Rewards for rescuing shipwrecked seamen 3(59 Rhode Island coasting trade to Long Island 223 Richmond, Va., special clearance of vessels from 181 vessels from foreign ports bound for 179 River navigation, rules concerning 342 Robbery 388 500 INDEX. Pace. Robbery, wben deemed piracy 387 Round trips, shipment of seamen for 60, 61 Routes of immediate transport ation 191! bonded 193 Rules lor regattas 343 shipment of seamen abroad 60 shipping articles 59 of 1897 to prevent collisions on inland waters 319 the road at sea . 307 wages 69 to prevent collisions 307 on the Great Lakes and St. Lawrence River 331 on Red River of the North |and rivers emptying into Gulf of Mexico 337 S. Sable trade 242 Safety valve 108,110,112 Sailing directions 345 rules 315,325,335,341 Sail, deductions for storage spaces 27 Sailor. See Seaman. Sail vessel, deiinition of 308,319,331,338 inspection of hull 92 licensed officers of 51 qualifications of master of 52 Sale of vessel 35 abroad 68 in Avriting 36 to alien 34,37 Saloon stores of vessel on Great Lakes 213 Salt, delivery of 165 manifested ''for orders" 174 time for unlading 188 Salvage of merchandise - 199 seaman's right in not to be forfeited 69 Sandwich Islands (see Hawaii) 227 Scale of provisions 85 School ships 369 Scurvy, provisions against 97 Sea letters 48,138,149,150 Seal fisheries 236 fishery agents 431 Seals, customs, on frontiers 210 penalty for breaking customs 187, 193, 211 Seaman, accommodations for " 25 advance and allotment of wages 72 agreement of, in foreign trade 58 on whaling, fishing, and Great Lakes vessels 59 of, in coasting trade 64 arbitration of wages, claims or discharge before shipping commis- sioner 75 certificate of discharge 67, 69, 87 clothing for 97,98 of, exempt from attachment 74 consul's reports concerning 206 contract and agreement with 62 definition of 55, 87 desertion of, abroad 74 in coasting trade - 65 destitiite abroad 68 discharge abroad certified by consul 62 of, by master 67 in foreign ports 67 in foreign trade 66 on complaint abroad 68 from unseaworthy vessel 94 duties of 84 INDEX. 501 i'iige. Seaman, duty of boarding officer conrerniug 6 visiting immigrant quarters 128 period of engagement of - - - 60, 61 physical description of 84 places of lost, must be supplied 60 procedure for violations of law concerning 83 proceedings of, for nonpayment of wages 71 punishment of 383 redress against provisions, unseaworthiness, cruelty abroad 6S register of 56 report of conduct and (lualificationa of 69 return of destitute from foreign ports and Alaska 76 right to wages and jirovisions begins 69 partial wages abroad 71 extra wages when discharged before voyage begins 70 wages on wreck 70 of, when vessel sold abroad r ("^ rules for shipment abroad 61 scale of food for 86 shall not forfeit lien for wages 68 shipment in coasting trade 57 of, to British North America, West Indies, and Mexico 57, 63 from Atlantic to Pacific port or vice versa 57 in foreign ports 60 for round trij^s 60, 61 sick and disabled 87, 417 sign release of wages 69 subject to jurisdiction of navy officer in certain cases 207 summary trial of 377 tobacco for 97 wages abroad payable in gold 72 of m shipping articles 58 when may be shiiiped by owner or master 57 loses right to wages in wreck 70 502 INDEX. Page. Seaman, when to be paid off 70 witness fees for 90 Search of vessel 152 Sea stores •. 170 distilled spirits as 165 exempt from customs and internal-revenue tax 205 manifest of 174 of vessels on Great Lakes 212 Seaworthiness of vessels 92 inspection of, at domestic ports 93 in foreign ports 94 owner's liability for 102 Securities, liability for 100 Seduction 381 Seizure, disposition of 156 exemption of vessels common carrier from 156 of perishable property and live stock 155 to be reported 155 of vessels or merchandise 153 Selma, Ala. , entry of imported merchandise at 177 Servant, shipment of, in coasting trade 64 not regarded as alien contract immigrant 257 Services of licensed officers of steam vessels in war 51 Shanghai, mail agency at 285 Shares of owners in vessels 31 Sheath knife prohibited 82 Sheep, inspection of, for export 294 Shipbuilding, instruction in 370 materials exempt from duty 204 Shipment of seaman, for round trips 60, 61 from Atlantic to Pacific ports, or vice versa 57 in coasting trade .57, 63 in foreign ports 60 illegal, of 57,60 rules for, abroad 61 to Canada, British North America, West Indies, and Mexico 57,63 Shipper, liability of, for damage 100 Shipping articles. See Agreement. ShipiJing articles 58 form of 83 to be posted 59 commissioner 56, 404 arbitration before 75 duties of, concerning deceased seaman's effects 78 to inspect provisions and water 95 officers 56 war taxes on 398 Ship's company. Ses Crew. Shipwreck, investigation of 422 Shipwrecked seaman, return of, from Alaska 76 Short blast, definition of 318 shipment of imported merchandise 174, 190 Sick and disabled seaman 87 Signal letters 403 of yachts - 18 Signals in distress 318, 329 storm and weather 345 Silks, liability for 100 Silver, liability for 100 Simulation of trade-marks 173 Singers, not regarded as alien contract immigrants 257 Size of ocean mail steamships 280 Slave trade 389 Slop chest 97 Smallpox 249 Smuggling, definition of 157 penalty for, by seaman 81 INDEX. 503 Solicitatiou of bribes by lliiitod States olliccr 201 Solicitiug lud<,'ers ^'> .Souu.l signals'in fog :<1«, H23, :«1, MO Spates exempt from measuremeut 26 for crew -5 not to be a(Uleil to gross tounago 24 Sp;iin, tonnage tax on vessels of 137 Spanish vessels in distress 192 privileges of, in Philippines 230 Special inward manifest for Treasnry l)ei)artmeut Ida ports, entry of merchandise at 177 jirovisions for enrollment and license 45 registry law 39 Treasury agents 430 Speed of ocean mail steamships 280 Spreekels line, compensation of 282 State immigration inspection transferred to Federal otlieers 256 immigrant tax laws 277 ins])ection laws 1 17 qtiarantiue regulations 217, 250 transfer to marine hospital 419 Stateroom exempt from measurement in certain cases 22 Statistics of vessels 404 Statutes, table of, included in this com])ilation 151 Steamboat, crew accommodations on Mississippi 26 laws, exhibit of 121 inspectors, duties of 121 inspection service 412 owned by alien resident 16 Steam gauge, inspection of 108 launch, pilot and engineer of 106 passenger vessel, manning of 108 Steamship companies, not to solicit immigration 258 Steam vessel, definition of 105, 308, 319, 331, 338 inspection certificate 120 inspection of 105 outside of district 416 must be inspected before documented 105 penalty for failure to exhibit certificate of 121 when exempt from pilotage 133 Steerage, inspection of packages in 153 passengers, manifest of 174 Steering gear, deductions for 26 rules 315, 325, 335, 341 Stikine Eiver trade 224, 233 Storm and weather signals 345 Stoves to be secured 115 Stowaways 60, 114 Stowing cargo, owner's liability for 102 St. Clair River. See Great Lakes. St. Georges Bank, survey of 432 St. George Island, Alaska 234,243,244 St. Joseph, Mo., entry of imported merchandise at 178 St. Lawrence River. See Great Lakes. St. Lawrence River, rules to prevent collisions on 331 transportation under treaty, on 224 St. Louis, Mo. , entry of imported merchandise at 178 St. Marys Falls Canal 142 St. Marys River, navigation rules for 342 St. Paul Island, Alaska 234, 243, 244 St. Thomas, mail agency at 285 Submarine cables, protection of 395 Subports in Alaska 416 Florida ,. 446 Washington 446 power to establish, in Florida, Alaska, and Washington 446 (if entrj' and delivery 439 Sugar in another great district trade 220-221 in great district trade 218, 219 504 INDEX. Pagft Sugai- manifested "for orders" 174 time foi' unlading 18^ Suiuinary procedure for violation of revenue laws 15H proceedings in application for remission of penalties 291 trial of master, ofticer, or seaman 377 Sunday, cargo not to bo discharged on 186 Sunken merchandise esemj^t from duty 205 wreck 353 Superintendent of Coast and Geodetic Survey 433 Supervising Inspector-General of Steam Vessels 412 inspectors of steam vessels 412 special agent 430 Surgeon-General of the Marine-Hospital Service 247, 417 Supervision of unlading of merchandise 186 New York Harbor 360 Supplies for vessels exempt from duty or internal-revenue tax 205 of vessels 92 Surgeon to examine immigrants alnoad 254 Surgeons on immigrant ships 127 Surrender and custody of register 34 of license 43 of temporary register 32 Survey of coasts 432 seaworthiness 93 Surveyor of customs 405 may enroll and and license vessels 46 Suspension of officer's license 51 T. Tariff provisions relating to vessels 204 Tax on immigrants by States 277 tonnage 135 Taxes, special, for Alaska 233 war, on shipping •- 398 Tea trade 303 Temporary register - 31, 32, 38 Tide-water channels 348 Tiller ropes 115 Timber in channels 350 Time allowed for unlading 188 Tobacco for seamen 97 Tolls on Great Lakes canals 143 Ton, definition of 22 Tonnage charges by consul - 138 deck, definition of 21 deductions of 26 for crew spaces 25 definition of 22 register : 28 details of stated in register 28 exemptions 26 how ascertained 22 net 25 definition of 28 of between-decks 24 crew spaces - - - - - 25 deck houses 24 ocean mail steamships 280 1 onnage tax 135, 403 applied to Marine-Hospital Service 87 certain vessels exem[)t from 136 foreign yachts, when exempt from 18 on vessel evading coasting laws on Great Lakes 209 on vessels on northern, northeastern, and northwestern frontiers, when exempt from 169 partial discrimination in 137 refund of 139 Tools of trade exempt from duty 171 INDEX. 505 Torpedoes H73 Touch and trade, itennission to 1 IS ]>rivik'gi's of Anioricau vessels to 141 Tonchiiijj; at foreign ports during coasting voyage 216 Towing boat, iuspcctiou of 106 men on 119 Towing by foreign tugboats 224 on Great Lakes 215 lYade, change of 40 marks of foreign merchandis*- 172 of Mississippi River 222 with Alaska 231 contiguous countries 20S (iuam 22!» Hawaii 227 Porto Rico 229 the rhilippines 230 Transfer ferries e.Kemi)t from certain inward manifests 165 of cargo ou nortliern frontii'r 212 imported merchandise for export I(i7 sea stores 171 vessel, cancellation of register on 38 Transit, baggage of passengers in 171 in bond through Alaska 234 Transportation, immediate 196 in bond 193 ports at which merchandise may be entered for, without ajipraisement 445 to special ports 194 Transport, Army or Navy 40 ocean mail steamer, as 281 Transshipment of merchandise for immediate exportation 224 Ti'eaty, favored-nation clause in 136 foreign vessels not assimilated by 143 reciprocal stipulations in 136 rights in tonnage taxes 135, 138 Trial, place of, of crimes 379 Tributaries of Mississippi. See Mississippi River. Tug boats, foreign, engaged in towing 225 inspection of 106 on Great Lakes, when exempt from report and clearance 215 owned by foreign railroad company 225 Tubes to engine room 115 Turpentine on vessels 117 Twenty tons, documents of vessels under 17 U. Undermanning 60 Undocumented vessel 17 tugs towing on Great Lakes to enter and clear 215 Unlading, illegal, of vessel 184 of cargo permitted onlv at ])ort of delivery 164 of vessel ' 183 See also Discharge. T^nlawful removal of bonded merchandise 193 Unregistered vessel, report of 138 entry of 149 sea letter for 150 Unseaworthiness, seaman's redre-ss against, abroad 68 Unsea worthy vessels 92 Use of register 34 V. Ventilation on immigrant ship 125 Vessel, acconunodations foi' jiassengers 92 alien ownership of, prohii)ited 31 American, wrecked abroad to be reported 287 506 INDEX. Page. Vessel, anchorage of, in channels 350' arrival of, must be reported within 24 hours 164 boarding and search of 152 bound to port of delivery 164 built for foreign account not to engage in coasting trade 204 cancellation of register of oH change from register to enrollment, or vice versa 40 of owner 35 or master 44 common carrier, exempt from seizure 156 consular tonnage charges on 138 consuls' services, to 206 customs laws relating to 152 definition of 15,55,396 delivery of cargo in several districts 167 destruction of, in Alaska 235 discriminations against American 140 documents of 30 draft of 20 duties on repairs abroad to, on Great Lakes 213 enrolled and licensed 16 enrollment and license of, at ports of delivery 46 outside of district 45 entry and clearance of 145 of 164 from one district to another on Great Lakes 214 on Great Lakes 209 under quarantine laws 246 exempt from certain charges 169 documents 17 entry 169 libel for wages in certain cases 72 measurement 29 foreign, on coasting voyages 224 shall not engage in coasting trade 224 forfeited, may be registered 15 forfeiture of certain foreign 143 fishing with merchandise 148 for fixlse oath of attorney or agent on registry 33 false oath on registry 31 nonpayment of wages 71 licensed or enrolled, for engaging in the foreign trade . . 148 form of license ^ 42 general libel bond for 103 power to remit penalties 292 illegal boarding of 75 unlading of 184 in coasting trade 225 master to report arrival at port other than that of destination 224 distress, aid to 344 may be unladen 192 report of 191 foreign trade with distilled spirits 164 in sealing trade 236 inspection of, engaged in export cattle trade 298 enrollment and license 46 hull 92 seaworthiness at domestic ports 93 in foreign port 94 steam 105 inspector of customs to be placed on board 176 in tow on Great Lakes 215 law concerning mails before clearance 282 licensed officers of 51 license of mate 52 lien upon, for wages 68 list of 403- loss of register 38 INDEX. 507 ruga Vessel, maun in "> enter at port whence eleared Kit where owned 164 proceed under Imilder'acertilicate 30 measurement of, open 25 merchandise not to be transferred from, to another 184 method of forfeiture 226 mortgage and bill of sale of 36 name of 19 not of the United States coasting tonnages taxes on 137 Jiscriminatiug duties on 143 entry of 149 tonnage taxes on 137 to clear unless export meat inspected 294 without cattle certificate 2Sl3 depart from port of arrival until reported 165 unlade without customs permission 184 oath of master and owner of license of 41 owner on entry 148 of any size may import merchandise on Northern and Northwestern boundaries 208 officer of 50 American 15 official number of 18 of nation not assimilated by treaty to American vessels 143 of the United States, owners of 15 qualifications of 15 owned by corporations : 35 passenger head tax lien on 253 passports, sea letters, etc., of 150 penalties, not licensed 226 penalty for carrying alien officer 138 evading coasting laws on Great Lakes 209 failure to comply with inspection requirements 107 deliver register 38 deport prohibited immigrants 261 obey inland collision rules 319 report sale of 35 fraudulent documents 48 illegal shipment of seaman on 60 transportation of firearms or liipior to Alaska 231 delivery of merchandise on frontier 211 import of diseased cattle 297 landing merchandise except at port 208 shipping seaman abroad 61 violating cattle-trade laws 293 coolie-labor law 275 liiws on (Jreat Lakes 215 passenger act of 1882 132 St. Mary's river rules 312 penalty of, engaged in fisheries 225 foreign transferring cargo or proceeding inland without permit on Great Lakes or in Alaska 212 without manifest on Great Lakes 209 permit to discharge cargo by night 184 place of registry 31 plundering of 382 preliminary entry of 183 privileges of Spanish in Philippines 230 procedure against, for violation of revenue laws 157 in cases of seizure 375 prohibition of registry to certain 15 provisions for safety to life 92 qualifications of master of 52 508 INDEX. Page. Vessel, quarantine inspection of 249 regulations of 248 reciprocal privileges for, with British North America 216 registered, may engage in coasting trade 216 registry by agent or attorney 32 of, under forfeiture 31 regulation of, carrying cattle in domestic trade , 298 remission of penalties on 291 report of, on arrival in district other than that of entry 167 sale by master 35 sale of, abroad 68 to alien 34, 37 sea and saloon stores of, on Great Lakes 213 sea stores and equipment of, Avhen exempt from duty 170, 171 on Great Lakes 212 sea-worthiness and supplies of 92 seized to be reported to United States attorney 154 seizure of 153 in Alaska 235 shall carry weights and measures 97 shipment of seamen for 58 special taxes on, in Alaska 233 statistics concerning 404 subject to jurisdiction of navy oSicer in certain cases 207 tariff provisions relating to 204 to be entered only at port of entry 164 licensed for wrecking purposes in Florida 288 registered anew on change of build 36 to bring to, for revenue cutters 290 land merchandise only at port 208 l)ay expenses of maintenance and deportation of prohibited immi- grants 261 post immigration laws 263 stay by in case of collision 307 transportation coastwise of imported merchandise 216 under 5 tons exempt from documents 17 30 tons, penalty for importing merchandise 208 20 tons in coasting trade 222 license of 17 undocumented 17 violating neutrality laws 362 war taxes on 398 whaling 16 when obstructed by ice may discharge at different port 192 when officer of the United States can not be interested in 409 with cargo for different port of destination 182 reexport 166 in bulk 165 coal, salt, railroad iron, and cargo in bulk may proceed to special places 165 domestic cargo in coasting tra de : . . 222 sealed cargo may proceed inLand on frontier 210 wrecked in Florida waters 288 Vicksburg, Miss., vessels from foreign ports bound for 179 Vinegar 97 Visible, definition of 308,319,332 Vitriol, liability for 101 Volunteer life-saving crews 421 Voyage, duration of, to be in shipping articles 58 W. Wages, allotment of 72 arbitration of, before shipping commissioner 75 certain vessels may not be libeled for 72 consul's liability for seaman's, abroad 67 deductions from, entered in log book 67 exempt from attachment 74 extra, to seaman on unseaworthy vessel 94 INDEX. 509 i'ugo. Wages, extra, upon discharjiio abioad 67 forfeiture for deserting seaworthy vessel 94 desertion 81 general provisions ("8 master must deliver account of, to eeamaii 67 not dependent on earning of freight 70 not to be forfeiteil on loss of ship 60 of deceased seaman 77 seaman must bo stated in shipping articles 58 payment of, before discharge abroad 67 penalty for nonpayment by master and owner 70 procedure in suits for 72 proceedings in forfeiture of or deductions from 72 recovery of deceased seaman's 77 regulation of allotment of 73 right of seaman to, begins 69 rules for settlement 69 seaman must bo ])aid abroad in gold 72 not entitled to, when neglecting duty 70 seaman's loss of, by neglect in wreck 70 right to extra, when discharged before voyage begins 70 on wreck 70 partial payment abroad 71 statement of, must be entered in log book 99 time of payment 70 to be paid before consul returns register 206 shipping commissioner 66 .See also Allotment. War documents 150 exemptions from draft in 51 materials, export of 373 taxes, certain, not applicable to trade with Britisli North America 402 on shipping 398 vessel, exempt from entry 169 special privileges for foreign 371 Warden, report on vessels in distress by port 191 Warehouses, bonded 161 ports at which bonded, are established 446 special taxes on, in Alaska 233 Wares. *See Merchandise. Warnings of storm 346 Washington, subports in 446 Watch olficer, citizenship of 50 qualifications of 52 Water ballast, measurement of spaces for 25 barrels 116 insufficient, for seaman 95 Weather signals 345 Wearing apparel exempt from duty 171 Weighing imported merchandise 188 Weights, accurate, shall be carried 97 West Indies, allotment of wages prohibited to 73 shipment of seaman to 57, 63 Whale fisheries, license for 42 Whaling vessel 16 agreement of seaman on 5ii crew list of 61 exempt from tonnage tax 13l i Wharf as obstruction 347 Wharves, special taxes on, in Alaska 233 Wheeling, W. Va., entry of imported merchandise at 178 Wilmington, N. C, document of vessels at 46 Wines. See Distilled spirits. Wire tiller ropes 1 15 Witness fees of seaman 90 Wool, manifested " for orders " 174 time for unlading 188 Workmen, skilliMl in new industries, not regarded as alien contract immigrants. 257 Wrecking of vessels in Florida waters 288 510 INDEX. Page. Wrecking with fraudulent intent 381 Wrecked vessel may be registered or enrolled 16 Wreck in Florida ^vaters 288 in foreign waters to be reported 287 on Great Lakes 287 removal of, as obstruction 353 report of 286 seaman's right to wages on 70 when seaman loses right to wages 70 Wrecks in channels 350 to be marked 344 Y. Yacht 17 engineer and pilot of 106 exempt from law concerning crew spaces 26 foreign-built, owned by Americans 18 privileges of 18 inspection of hull and boiler 106 must not engage in trade 18 privileges of 17 safety of, at regattas 343 Yellow fever 248,249 Y'okohama, mail agency at 285 Yukon Ki ver trade 233 transportation under treaty on 224 UC SOUTHf RN Rl (-.IDNAI I IBRftRY \ ACILITY AA 001 007 228 8 UNIVERSITY ^^ taLIFORNIa LOS Ai;C.i:iLBS UBRARY