R. S., 4132. R. S., 4132. Act. Aug. 24, 1912, sec. 5. Act Aug. 18, 1914. Art. 36. Recorded vessels. In the documentation of recorded vessels (class 2) the builder's certificate will be unnecessary, and the admeasurement also, if the certificate of record correctly indicates the tonnage. Art. 37. Prizes and forfeited vessels.-In case of application for documentation of a vessel entitled thereto by reason of having been captured in a war by a citizen of the United States and condemned as a lawful prize, which is wholly owned by a citizen (class 3) or condemned for a violation of law (class 4), all the foregoing requirements, except the builder's certificate, must be complied with, and the collector must be furnished with a properly authenticated copy of the decree of condemnation and the proof of the applicant's ownership. The owner's oath will be modified accordingly. Art. 38. Registry of foreign-built vessels under section 5 of the Panama Canal act and the act of August 18, 1914.In the case of an application for the registry of a foreignbuilt vessel under section 5 of the Panama Canal act (class 8), as amended by the act of August 18, 1914, the following procedure will be observed: In lieu of the builder's certificate, a certified copy of the ship's foreign register, and a certified copy of the ship's foreign measurement certificate, if there be one, will be filed with the application. The measurement laws of the United States and of the principal maritime nations are substantially the same. In cases covered by the order of the President the principal dimensions and the particulars of measurement required in the certificate of registry may be taken from the foreign register or certificate of measurement and inserted in the register. Metric terms should be converted into their equivalents. Applications for official numbers (Commerce form 1320), in addition to the information now stated, will give the name of the former owner, and state that the bill of sale has been examined by the collector of customs or not, as the case may be. The master's oath of citizenship will be waived in cases where the President of the United States pursuant to section 2 of the act has suspended the provisions of law requiring citizenship. The local inspectors of steam vessels on application before the issue of a register will inspect the vessel, so far as may be necessary, to determine that it is "safe to carry dry and perishable cargo," and if they find the vessel meets this requirement they shall file a certificate that under the act of August 18, 1914, the vessel is "safe to carry dry and perishable cargo." This inspection and certificate are to determine the eligibility of the vessel to registry under the act. The record books of recognized classification societies will assist inspectors in prompt decision on this point. Existing blanks will be modified by pen when neces sary. The ownership and citizenship of owners will be established as in the case of vessels built in the United States. In the case of corporate ownership the applicant will furnish a satisfactory certificate as to the organization of the corporation and the names of its president and managing directors. The citizenship of the president and managing directors will be established to the satisfaction of the collector. Every register issued pursuant to the act quoted shall carry under the words "Regulation of commerce and navigation, Revised Statutes of the United States," the following notation in black ink: As amended by section 5 of the Panama Canal act and by the act of August 18, 1914, entitling the vessel to engage only in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tutuila. This vessel shall not engage in the coastwise trade. This notation must appear in similar manner on all subsequent registers. The sale must be unconditional and complete. Especially any reservation to the vendor of a right to repurchase the vessel will be sufficient cause to authorize refusal to issue a register. The bona fides of the purchase and the ability to purchase must be established by the vendee if the collector is in doubt. A special form of affidavit has been furnished collectors of customs. On application by the owner or master the collector of customs will furnish a certified copy of the bill of sale for the master's use on board. The bill of sale should contain a notation in ink referring to and identifying the foreign register for future reference, if necessary. R. S., 4139, 4314. 1902. Special instructions concerning American-bound vessels in foreign ports have been furnished collectors of customs. If doubt arise in any actual case, the collector of customs will wire, at the expense of the applicant, to the Commissioner of Navigation, Department of Commerce, Washington, for instructions. The order of the President of the United States under section 2 of the act follows: ' Executive order. SEPTEMBER 4, 1914. In pursuance of the authority conferred upon the President of the United States by section 2 of the act approved August 18, 1914, entitled "An act to provide for the admission of foreignbuilt ships to American registry for the foreign trade, and for other purposes," it is hereby ordered: 1. That the provisions of law prescribing that the watch officers of vessels of the United States registered for foreign trade shall be citizens of the United States are hereby suspended so far and for such length of time as is herein provided, namely: All foreignbuilt ships which shall be admitted to United States registry under said act may retain the watch officers employed thereon, without regard to citizenship, for seven years from this date, and such watch officers shall be eligible for promotion. Any vacancy occurring among such watch officers within two years from this date may be filled without regard to citizenship; but any vacancy which may occur thereafter shall be filled by a watch officer who is a citizen of the United States. 2. That the provisions of law requiring survey, inspection, and measurement by officers of the United States of foreign-built ships admitted to United States registry under said act are hereby suspended for two years from this date. Art. 39. Owner's oath.-Previous to granting a register, Act June 24, license, or enrollment and license for any vessel owned by any incorporated company, or by an individual or individuals, the president or secretary of such company, or any other officer or agent thereof, authorized by said company in writing, attested by the corporate seal thereof, to act for the company in this behalf, or the managing owner, or his agent authorized by power of attorney, when such vessel is owned by an individual or individuals, shall swear to the ownership of the vessel without designating the names of the persons composing the company, when such vessel is owned by a corporation, and the oath of either of said officers or agents shall be deemed sufficient without requiring the oath of any other person interested or concerned in such vessel. On the death, removal, or resignation of one of the R. S., 4315. chief officers of an incorporated company, owning any vessel, and whose name appears on the documents of such vessel, a new document must be obtained. Previous to granting a register, or enrollment and R. S., 4142. license, the owner or his agent must make oath or affirmation of ownership before the collector. In all cases where there is more than one owner the parts or proportions of the vessel owned by each must be stated in the oath, and that the master thereof is a citizen of the United States, naming the master, and stating the means whereby or manner in which he is a citizen. The clause of the foregoing oath or affirmation relating to the citizenship of the master must be taken by the master himself, and not by the owner, if the master be within the district where the vessel is to be registered or enrolled. If any of the matters of fact contained in the oath or affirmation be false there shall be a forfeiture of the vessel, her tackle, furniture, and apparel, or the value thereof, to be recovered, with costs of suit, from the person making such oath or affirmation; but if that portion relating to the citizenship of the master prove false, the master or other person in charge so falsely swearing or affirming shall himself forfeit the sum of $1,000. R. S., 4144. R. S., 4143, 4163. R. S., 4144. 1912. Art. 40. Owner's oath for license of vessel less than 20 R. S., 4320. B/N Genl. tons. In the case of a vessel of less than 20 tons net, the Letter No. 17, owner or managing owner shall swear that she is wholly the property of citizens of the United States. This oath may be taken before any officer authorized by the laws of the State to administer oaths generally, and may be mailed to the collector, whereupon action may be taken as if the oath had been administered by the collector. R. S., 2174, 4131. 1884, sec. 1; May 28, 1896, sec. 3; Oct. 22, 1914. Art. 41. Officers of vessels to be citizens.-The law requires officers of vessels of the United States to be citi- Act June 26, zens, as mentioned below, except where, on a foreign voy- act age, or on a voyage from an Atlantic to a Pacific port act of the United States, 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. R. S., 4131. Act May 28, With the exception noted in article 38, all the officers 1896, sec. 1 of vessels of the United States who shall have charge of a act Oct. 22, 1914. 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 no person shall be qualified to hold 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 T. D. 9014. as a citizen shall not have been fully completed. Any vessel any officer of which shall not be a citizen of the United States shall pay a tax of 50 cents per ton. R. S., 4438. 25, 1907; act sec. 2. The masters, chief mates, and second and third mates, 1898; act Jan. if in charge of a watch, engineers and pilots of all steam May 28, 1908, vessels, and the masters and chief mates of sail vessels of cver 700 gross tons, and all other vessels and barges of over 100 gross tons burden carrying passengers for hire must be licensed and classified. It is unlawful to employ any person or for any person to serve as master, chief mate, engineer, or pilot of any steamer, or as master of any sail vessel of over 700 tons, or of any other vessel of over 100 gross tons carrying passengers for hire, who is not licensed by the United States local inspectors. Any person violating the provisions of this paragraph shall be liable to a penalty of $100 for each offense. T. Ds. 5787, 5931. R. S., 4142, 4144. R. S., 4320. B/N General Letter Nov. 17, 1912. Steamers of over 100 tons, gross, must be in charge of a master, who, if also licensed as a pilot, must be a pilot of the highest grade. Art. 42. Master's oath on registry of vessel.-Previous to the granting of a register the master must make oath, before the collector to whom application for registry is made, that he is a citizen, and if he is not a native of the United States the means whereby he became a citizen. must be sworn to by him. Art. 43. Master's oath on licensing vessel.-Previous to the granting or renewing of the license of any vessel the master shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or for 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. This oath may be taken before any officer authorized by the laws of the State to administer oaths, and may be |