« PreviousContinue »
was repealed by Act March 3, 1905, c. 1484, § 1, 33 Stat. 1217; section 16 related to withdrawals from bonded warehouses, and is set forth ante, $ 5669; section 17 related to drawback of duties paid on foreign materials used on vessels built in the United States for foreign account, and was superseded by provisions of subsequent tariff acts; section 18 related to limitation of liability of shipowners, and is set forth post, $ 8028; section 19 related to shipment of seamen at ports in the United States, and is set forth post, $ 8301; section 20 related to shipment of seamen at ports out of the United States, and is set forth post, 88309; section 21 defined the word "port” as used in R. S. && 4178, 4334, and is set forth ante, $ 7759; section 22 related to the application of Act Aug. 3, 1882, c. 376, § 1, imposing a duty on alien passengers coming from foreign ports, and is superseded by subsequent immigration acts; section 23 repealed R. S. 88 3976, 4203; section 24 amended R. S. § 2966, ante, 8 5653; section 25 amended R. S. § 2872, ante, $ 5563; section 26 provided for the refunding of fines, penalties, etc., arising under the laws relating to vessels or seamen illegally, etc., imposed, and is set forth post, $ 10136; section 27 amended R. S. 8 4501, post, § 8287; section 28. provided for the fees of the collector or other chief officer of customs for inspecting steam vessels and is set forth post, § 8220; section 29 amended R. S. $ 2776, ante, & 5472; section 30 repealed all laws and parts of laws in conflict with the act, and provided that it should take effect on and after July 1, 1884.
Certain hospital ships may, in time of war, be exempted from all dues and taxes imposed on vessels by the laws of the United States, and from all pilotage charges, by Act March 24, 1908, c. 96, post, $8 7823, 7824.
The President was authorized to suspend in part the operation of this section, by a proviso annexed to R. S. $ 4228, by an amendment of that section by Act July 24, 1897, c. 13, post, $ 7825, so that foreign vessels from a country imposing partial discriminating tonnage duties upon American vessels, or partial discriminating import duties upon American merchandise, might enjoy in our ports the identical privileges which the same class of American vessels and merchandise might enjoy in said foreign country.
Provisions for tonnage taxes on foreign vessels coming into the United States from the Philippine Islands were made by Act April 29, 1908, c. 152,
$ 2, post, $ 7813. § 7813. (Act April 29, 1908, c. 152, § 2.) Tonnage taxes on foreign
vessels coming into United States from Philippine Islands. The same tonnage taxes shall be levied, collected, and paid upon all foreign vessels coming into the United States from the Philippine Islands which are required by law to be levied, collected, and paid upon vessels coming into the United States from foreign countries. (35 Stat. 70.)
This section was part of an act to repeal Act April 30, 1906, entitled "An act to regulate shipping in trade between ports of the United States and ports or places in the Philippine Archipelago, between ports or places in the Philippine Archipelago, and for other purposes," and for other purposes.
The other sections of the act are set forth ante, $$ 3912–3915.
This section superseded a similar provision of Act March 8, 1902, c. 140,
$ 3, 32 Stat. 54. § 7814. (Act March 8, 1910, c. 86.) Exemption of vessels enter
ing otherwise than by sea from foreign ports at which tonnage or light-house dues, etc., are not imposed on vessels of United
States. Vessels entering otherwise than by sea from a foreign port at which tonnage or light-house dues or other equivalent tax or taxes are not imposed on vessels of the United States shall be exempt from the tonnage duty of two cents per ton, not to exceed in the aggregate ten cents per ton in any one year, prescribed by section
thirty-six of the Act approved August fifth, nineteen hundred and nine, entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes." (36 Stat. 234.)
Act Aug. 5, 1909, c. 6, § 36, mentioned in this act as imposing tonnage
duties, part of the Payne-Aldrich Tariff Act, is set forth ante, $ 7811. § 7815. (R. S. § 4220.) Exemption of coasting and fishing vessels.
No vessel belonging to any citizen of the United States, trading from one port 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.
Act July 14, 1870, c. 255, $ 25, 16 Stat. 269.
Enrolled or licensed vessels in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers, departing from or arriving at a port in one district to or from a port in another district, and also touching at intermediate foreign ports, did not thereby become liable to tonnage tax,
as if from or to foreign ports, by R. S. 2793, ante, § 5490. § 7816. (R. S. § 4221.) Exemption of vessels making daily trips
on interior waters. In cases of vessels making regular daily trips between any port of the United States and any port in the Dominion 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.
Act March 3, 1869, c. 125, § 3, 15 Stat. 322. § 7817. (R. S. § 4222.) Exemption of vessels touching at Canadian
ports. No consul or consular agent of the United States shall exact tonnage fees from any vessel of the United States, touching at or near ports in Canada, on her regular voyage from one port to another within the United States, unless such consul or consular agent shall perform some official services, required by law for such vessel when she shall thus touch at a Canadian port.
Res. July 20, 1868, No. 64, 15 Stat. 260.
Enrolled or licensed vessels in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers, departing from or arriving at a port in one district to or from a port in another district, and also touching at intermediate foreign ports, did not thereby become liable to tonnage tax, as if from or to foreign ports, by R. S. § 2793, ante, $ 5490.
(R. S. 88 4223, 4224. Repealed.) R. S. $ 4223, provided that the tonnage duty imposed on all vessels engaged in foreign commerce should be levied but once within a year, and that when paid no further tonnage tax should be collected within one year from the date of such payment, not applicable, however, to foreign vessels entered in the United States from any foreign port, to and with which vessels of the United States were not ordinarily permitted to enter and trade.
R. S. § 4224, provided that vessels paying tonnage duties once a year should pay them at their first clearance from or entry at, according to priority, a custom house in the United States in each calendar year, but that it should not prevent customs officers from collecting such tonnage duty at the entry of vessels at their respective custom houses during the calendar year if the same had not previously been paid for such year.
Both these sections were repealed by Act June 26, 1884, c. 121, § 14, 23 Stat. 57, as amended by Act June 19, 1886, c. 421, $ 11, 24 Stat. 81. See notes to R. S. § 4219, ante, 7812
Act June 19, 1878, c. 318, 20 Stat. 171, amended R. $. & 2931, by providing that it should not apply to cases of the payment of tonnage tax on vessels where the Secretary of the Treasury and the Attorney General were satisfied that the exaction of such tax was in contravention of treaty provisions. R. S. & 2931, which provided for an appeal to the Secretary of the Treasury from the decision of the collector of customs as to the rate and amount of tonnage duties, etc., was repealed by Act June 10, 1890, c. 407, 8 . 29, 26 Stat. 141. Said Act June 19, 1878, c. 318, further provided that the Secretary of the Treasury might draw his warrant for the refund of taxes so illegally exacted, as provided for by R. S. 301242. Said R. S. & 301242, was also repealed by said Act June 10, 1890, c. 407, $ 29, 26 Stat. 141. By the repeal of said R. S. $8 2931, 301242, siad Act June 19, 1878, c. 319, became inoperative, and
it is therefore omitted. § 7818. (R. S. § 4225.) Light-money.
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.
Act March 27, 1804, c. 57, § 6, 2 Stat. 300. § 7819. (R. S. § 4226.) Exemption of unregistered vessels owned
by citizens. 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 port, if the same shall be at the port at which the owner or any of the part owners reside, such owner or part owners shall make oath that the sealetter or other regular document possessed by such vessel contains the name or names of all the persons who are then the owners of the vessel; 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 of trust, confidence, or otherwise, 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 effect. 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.
Act March 3, 1805, c. 40, 2 Stat. 339. $ 7820. (R. S. § 4227.) Rights under treaties preserved.
Nothing contained in this Title shall be deemed in anywise to impair any rights and privileges which 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.
Act April 27, 1816, c. 107, § 6, 3 Stat. 314. Act Jan. 14, 1817, c. 3, $ 1,
3 Stat. 344. Act July 14, 1862, c. 163, § 15, 12 Stat. 558. § 7821. (Act Feb. 10, 1900, c. 15, § 1.) Rights of Cuban vessels in
United States ports. Vessels owned by citizens of Cuba and documented as such by officers of the United States shall hereafter be entitled in ports of the United States to the rights and privileges of vessels of the most favored nation, and they and their cargoes shall be subject to no higher charges in ports of the United States than are imposed on the vessels and cargoes of the most favored nation in the same trade. (31 Stat. 27.)
This section and the section next following were an act entitled "An act
relating to Cuban vessels." $ 7822. (Act Feb. 10, 1900, c. 15, $ 2.) Refund of tonnage taxes
and light dues. The Secretary of the Treasury is hereby authorized to refund, out of any money in the Treasury not otherwise appropriated, upon application and satisfactory evidence, tonnage taxes and light dues which have been imposed on vessels owned by citizens of Cuba entering ports of the United States since April eleventh, eighteen hundred and ninety-nine, which have been in excess of the tonnage taxes prescribed by section eleven of the Act of June nineteenth, eighteen hundred and eighty-six.
Act Feb. 10, 1900, c. 15, $ 2, 31 Stat. 27.
Act June 19, 1886, c. 421, $ 11, mentioned in this section, was repealed by Act Aug. 5, 1909, c. 6, § 36, ante, $ 7812. See note to said Act Aug.
5, 1909, c. 36, ante, § 7812. $ 7823. (Act March 24, 1908, c. 96, § 1.) Exemption of hospital
ships in time of war from dues and taxes and pilotage charges. Hospital ships, concerning which the conditions set forth in articles one, two, and three of the convention concluded at The Hague on July twenty-ninth, eighteen hundred and ninety-nine, for the adaptation to maritime warfare of the principles of the Geneva convention of August twenty-second, eighteen hundred and sixty-four, are fulfilled, shall, in the ports of the United States and the possessions thereof, be exempted, in time of war, from all dues and taxes imposed on vessels by the laws of the United States, and from all pilotage charges. (35 Stat. 46.)
This section and the section next following were an act to carry into effect the International Convention of Dec. 21, 1904, relating to the exemption in time of war of hospital ships from dues and taxes on vessels.
A preamble preceding the enacting clause of this act was as follows: "Whereas a convention providing for the exemption of hospital ships in time of war from the payment of all dues and taxes imposed for the benefit of the state was signed at The Hague on December twenty-first, nineteen hundred and four, by the plenipotentiaries of the United States of America, Germany, Austria-Hungary, Belgium, China, Korea, Denmark, Spain, Mexico, France, Greece, Italy, Japan, Luxemberg, Montenegro, The Netherlands, Peru, Persia, Portugal, Roumania, Russia, Servia, Siam, and Switzerland; and
"Whereas the said convention was duly ratified by the Government of the
United States of America by and with the advice and consent of the Senate thereof, and was proclaimed by the President of the United States May
twenty-first, nineteen hundred and seven: Therefore," $ 7824. (Act March 24, 1908, c. 96, § 2.) Ships exempted to be
named and time of exemption indicated by proclamation. The President of the United States shall by proclamation name the hospital ships to which this Act shall apply, and shall indicate the time when the exemptions herein provided for shall begin and end. (35 Stat. 46.)
Discriminating Duties and Reciprocal Privileges Sec.
Sec. 7825. Suspension by the President. 7830. Retaliation on denial of rights to 7826. Vessels of Prussia.
United States vessels in British 7827. Termination of privileges.
North America. 7828. Spanish vessels.
7831. Suspension of free passage 7829. Retaliatory suspension of com
through St. Marys Falls Canal; mercial privileges to foreign
7832. Collection of tolls.
§ 7825. (R. S. § 4228, as amended, Act July 24, 1897, c. 13.) Sus
pension by the President. Upon satisfactory proof being given to the President, by the government of any foreign nation, that no discriminating duties of tonnage or imposts are imposed or levied in the ports of such nation upon vessels wholly belonging to citizens of the United States, or upon the produce, manufactures, or merchandise imported in the same from the United States or from any foreign country, the President may issue his proclamation, declaring that the foreign discriminating duties of tonnage and impost within the United States are suspended and discontinued, so far as respects the vessels of such foreign nation, and the produce, manufactures, or merchandise imported into the United States from such foreign nation, or from any other foreign country; the suspension to take effect from the time of such notification 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 part the operation of sections forty-two hundred and nineteen and twenty-five hundred and two so that foreign vessels from a country imposing partial 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 foreign country.
Act May 24, 1828, c. 111, § 1, 4 Stat. 308. Act May 31, 1830, c. 219, $ 2, 4 Stat. 425. Act July 13, 1832, c. 207, § 3, 4 Stat. 579. Act July 24, 1897, c. 13, 30 Stat. 214. This section, as enacted in the Revised Statutes, did not contain the proviso