Page images
PDF
EPUB

(R. S. § 4212. Superseded.) This section provided that upon the entry of every vessel of the United States from any foreign port the master thereof should make return on oath to the delivery of the mails placed on board his vessel, and that in case of a failure to make said oath, the vessel should not be entitled to the privileges of a vessel of the United States. It was superseded by Act June 26, 1884, c. 121, $ 23, ante, $ 7469, which repealed R. S. § 4203, and R. S. $ 3976,

which contained a provision similar to that contained in this section. $ 7803. (R. S. § 4213, as amended, Act June 26, 1884, c. 121, § 13.)

Statement of consular services performed without fee to be

filed with collector. It shall be the duty of all masters of vessels for whom any official 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 whether such statement is correct, to furnish it to the collector of the district in which such vessels shall first arrive on their return to the United States; and if any such master of a vessel shall fail to furnish 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 been furnished to him, and also a statement of all certified invoices which shall have come to his office, giving the dates of the certificates, and the names of the persons for whom and of the consular officer by whom the same were certified.

Act Aug. 18, 1856, c. 127, § 18, 11 Stat. 59. Act June 26, 1884, c. 121, $ 13, 23 Stat. 56.

This section, as enacted in the Revised Statutes, was as follows:

It shall be the duty of all owners, agents, consignees, masters, and commanders of vessels to whom any receipt for fees shall be given by any consular officer, to furnish a copy thereof to the collector of the district in which such vessels shall first arrive on their return to the United States. And it shall also be the duty of every collector to forward to the Secretary of the Treasury all such copies of receipts as shall have been so furnished to him, and also a statement of all certified invoices which shall have come to his office, giving the dates of the certificates, and the names of the persons for whom and of the consular officers by whom the same were certified."

It was amended to read as set forth here, by Act June 26, 1884, c. 121, §

13, last cited above. § 7804. (R. S. § 4214, as amended, Act March 3, 1883, c. 133, § 1,

Act Jan. 16, 1895, c. 24, § 4, and Act Aug. 20, 1912, c. 307, § 1.)

Pleasure yachts; license; entry and clearance; restrictions. The Secretary of Commerce (and Labor) may cause yachts used and employed exclusively as pleasure vessels or designed as models of naval architecture, if built and owned in compliance with the provisions of sections forty-one hundred and thirty-three to fortyone hundred and thirty-five, to be licensed on terms which will authorize them to proceed from port to port of the United States and to foreign ports without entering or clearing at the customhouse; such license shall be in such form as the Secretary of Commerce (and Labor) may prescribe. Such vessels, so enrolled and licensed, shall not be allowed to transport merchandise or carry passengers COMP.ST.'13–218

(3473)

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 provisions of this title.

Act Aug. 7, 1848, c. 141, $ 2, 9 Stat. 274. Act June 29, 1870, c. 170, § 1, 16 Stat. 170. Act March 3, 1883, c. 133, § 1, 22 Stat. 566. Act Jan. 16, 1895, c. 24, § 4, 28 Stat. 624. Act Aug. 20, 1912, c. 307, 81, 37 Stat. 315.

This section, as enacted in the Revised Statutes, was as follows: “The Secretary of the Treasury may cause yachts used and employed exclusively as pleasure-vessels, and designed as models of naval architecture, if entitled to be enrolled as American vessels, to be licensed on terms which will authorize them to proceed 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 of the Treasury may prescribe. The owner of any such vessel, before taking out such license, shall give a bond, in such form and for such amount as the Secretary of the Treasury shall prescribe, conditioned that the vessel shall not engage in any unlawful trade, nor in any way violate the revenue laws of the United States, and shall comply with the laws in all other respects. Such vessels so enrolled and licensed shall not be allowed to transport merchandise or carry passengers for pay. 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 provisions of this Title.”

It was amended by Act March 3, 1883, c. 133, § 1, cited above, principally by the addition of a proviso, as follows:

“That all charges for licenses and inspection fees for any pleasure vessel or yacht shall not exceed five dollars, and for admeasurement shall not exceed ten cents per ton."

Said amendatory section 1 of Act March 3, 1883, was amended by Act Jan. 16, 1895, c. 24, § 4, post, $ 7805, to conform to the provisions of that section.

These amendments were superseded by the further amendment of this section by Act Aug. 20, 1912, c. 307, § 1, last cited above, by substituting for the Secretary of the Treasury the Secretary of Commerce and Labor, omitting the provision requiring the owner of the vessel to give bond, and omitting the proviso added by said previous amendment, making the section read as set forth here.

The requirement of a bond, by this section, prior to its amendment by Act Aug. 20, 1912, c. 307, § 1, was abolished by Act Jan. 16, 1895, c. 24, $ 4, post, $ 7805, which also provided that no licensed yacht should engage in any trade, etc. Section 5 of said Act Jan. 16, 1895, c. 24, post, $ 7806, prescribed a penalty for the violation of said section 4; and section 6 of said act, provided that the act should not invalidate the bonds previously given under the requirements of law, referring to the bonds previvusly required by R. S. $$ 4145, 4146, and this section.

The words "and Labor," inclosed in brackets where they occur twice in this section as amended, were superseded by the change of designation of the Secretary of Commerce and Labor to Secretary of Commerce, by the act creating the Department of Labor, Act March 4, 1913, c. 141, § 1, ante, $ 932.

R. S. 88 4133, 4134, mentioned in this section, were repealed by the Shipping Act of 1897, Act March 3, 1897, c. 389, 8 16, 29 Stat. 691.

R. S. & 4135, also mentioned, with said repealed sections, in this section, is set forth ante, $ 7714.

Any foreign built yacht, pleasure-boat, or vessel, not used or intended to be used for trade, owned or chartered for more than six months by any citizen or citizens of the United States, on payment by the owner of a duty of 35 per centum ad valorem thereon, was to be entitled to all the privileges and be subject to all the requirements prescribed by R. S. $$ 4214, 4215, 4217, and 4218, post, $8 7804, 7807, 7809, 7810, by a provision of the PayneAldrich Tariff Act of Aug. 5, 1909, c. 6, § 37, which was repealed by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § IV, S, post, $ 5316.

Every yacht, except those of fifteen gross tons or under, visiting a foreign country, was required, on her return to the United States, to make entry at the custom-house of the port at which, on such return, she should arrive, and, if she should bave dutiable articles on board to report to the customs officer, and deliver a manifest of such dutiable articles, by R. S. 4218, as

amended, post, 7810. § 7805. (Act Jan. 16, 1895, c. 24, § 4.) Bond not required of pleas

ure yacht. No bond shall be required on the licensing of yachts; no licensed yacht shall engage in any trade, nor in any way violate the revenue laws of the United States; and every such yacht shall comply with the laws in all respects. Section one of the Act approved March third, eighteen hundred and eighty-three, amending section fortytwo hundred and fourteen, Revised Statutes, and so forth, is amended accordingly. (28 Stat. 625.)

This section and the section next following were part of an act to repeal R. S. & 4145, and to amend R. S. § 4146, also section 1 of Act March 3, 1883, amending R. S. § 4214, and for other purposes.

Section 1 of the act repealed R. S. § 4145.

Section 2 of the act amended R. S. $ 4146, and is incorporated into that section, ante, § 7723.

Section 3 of the act amended R. S. § 4320, and is incorporated into that section, post, $ 8068.

Section 5 of the act is set forth post, s 7806.

Section 6 of the act provided that the act should not invalidate the bonds previously given under the requirements of law. It is omitted, as temporary merely.

Subsequent to the amendment by this section of section 1 of Act March 3, 1883, c. 133, amending R. S. § 4214, said R. S. § 4214, was again amended, besides other changes, by omitting the requirement therein of a bond on the licensing of yachts, abolished by this section, by Act Aug. 20,

1912, c. 307, § 1, incorporated in said R. S. § 4214, ante, § 7804. § 7806. (Act Jan. 16, 1895, c. 24, § 5.) Penalty for violation of act.

Any master or owner violating the provisions of this or the preceding 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. (28 Stat. 625.)

See notes to section 4 of this act, ante, $ 7805. § 7807. (R. S. § 4215.) Signals of yachts.

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.

Act Aug. 7, 1848, c. 141, § 3, 9 Stat. 274.

Provisions relating to the registry and use of private signals, etc., of vessels generally, were made by Act May 28, 1908, c. 212, 87, ante, Š 7761.

(R. S. $ 4216. Repealed.)
This section, as enacted in the Revised Statutes, was as follows:

“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 tonnage tax."

It was amended by Act Feb. 5, 1897, c. 167, § 1, by adding thereto the following proviso:

"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 act.”

The section was repealed by Act May 28, 1908, c. 212, § 6, section 5 of

which act, post, $ 7808, enacted different provisions on the same subject. § 7808. (Act May 28, 1908, c. 212, § 5.) Yachts belonging to for

eign yacht-clubs; reciprocal exemption from charges, tonnage

taxes, etc.; licenses. That whenever it shall be made to appear to the satisfaction of the President of the United States that yachts belonging to any regularly organized yacht club of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the custom-house thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes or charges for cruising licenses, the Secretary of Commerce and Labor may authorize and direct the customs authorities at the various ports and subports of entry of the United States to allow yachts from such foreign port belonging to any regularly organized yacht club thereof to arrive at and depart from any port or subport of the United States and to cruise in waters of the United States without the payment of any charges for entering or clearing, dues, duty per ton, or tonnage taxes, but the Secretary of Commerce and Labor may, in his discretion, direct that such foreign yachts shall be required to obtain licenses to cruise, in a form prescribed by him, before they shall be allowed under the provisions of this Act to cruise in waters of the United States. Such licenses shall be issued without cost to such yachts and shall prescribe such limitations as to length of time, direction, and place of cruising and action, and such other particulars as the Secretary of Commerce and Labor may deem proper: 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 February fifth, eighteen hundred and ninety-seven. (35 Stat. 425.)

This section was a substitute for R. S. § 4216, which was repealed by section 6 of this act, 35 Stat. 426.

This section was not amended or repealed by section 36 of the PayneAldrich Tariff Act of Aug. 5, 1909, c. 6, $ 36, relating to tonnage duties, but so much of it as related to yachts built outside the United States and owned by citizens of the United States was repealed by section 37 of that act, which was itself repealed by the Underwood Tariff Act of Oct. 13, 1913, c. 16.

IV, S, ante, $ 5316. § 7809. (R. S. § 4217.) Commissions to yachts.

For the identification of yachts and their owners, a commission to sail for pleasure in any designated yacht belonging 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 official, and to the authorities of any foreign power, for privileges enjoyed under it.

Act June 29, 1870, c. 170, $ 3, 16 Stat. 170. § 7810. (R. S. § 4218, as amended, Act Aug. 20, 1912, c. 307, § 2.)

Entry of yachts on return from foreign countries; manifest of

dutiable articles. Every yacht, except those of fifteen gross tons or under, visiting a foreign country under the provisions of sections forty-two hundred and fourteen, forty-two hundred and fifteen, and forty-two hundred and seventeen of the Revised Statutes shall, on her return to the United States, make due entry at the customhouse of the port at which, on such return, she shall arrive: Provided, That nothing in this act shall be so construed as to exempt the master or person in charge of a yacht or vessel arriving from a foreign port or place with dutiable articles on board from reporting to the customs officer of the United States at the port or place at which said yacht or vessel shall arrive, and deliver in to said officer a manifest of all dutiable articles brought from a foreign country in such yachts or vessels.

Act June 29, 1870, c. 170, § 4, 16 Stat. 171. Act Aug. 20, 1912, c. 307, § 2, 37 Stat. 315.

This section, as enacted in the Revised Statutes, did not contain the proviso annexed thereto as set forth here. Said proviso was added by amendment by Act Aug. 20, 1912, c. 307, & 2, last cited above.

R. S. 88 4214, 4215, 4217, mentioned in this section, are set forth ante, 88 7804, 7807, 7809.

CHAPTER THREE

Tonnage Duties Sec.

Sec. 7811. Amount of tonnage duties.

7818. Light-money. 7812. Amount of tonnage duties.

7819. Exemption of unregistered vessels 7813. Tonnage taxes on foreign vessels

owned by citizens. coming into United States from 7820. Rights under treaties preserved. Pbilippine Islands.

7821. Rights of Cuban vessels in Unit7814. Exemption of vessels entering oth

ed States ports. erwise than by sea from foreign 7822. Refund of tonnage taxes and light ports at which tonnage or light

dues. house dues, etc., are not impos- 7823. Exemption of hospital ships in ed on vessels of United States.

time of war from dues and tax7815. Exemption of coasting and fishing

es and pilotage charges. vessels.

7824. Ships exempted to be named and 7816. Exemption of vessels making dai

time of exemption indicated by ly trips on interior waters.

proclamation. 7817. Exemption of vessels touching at

Canadian ports.

§ 7811. (Act Aug. 5, 1909, c. 6, § 36.) Amount of tonnage duties.

A tonnage duty of two cents per ton, not to exceed in the aggregate ten 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

« PreviousContinue »