The Seaman's Friend: Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant serviceDana, Richard Henry
Science
The Seaman's Friend: Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant service
Dana, Richard Henry
Maritime law; Merchant marine; Naval art and science; Naval art and science -- Dictionaries; Seamanship
REGISTRY, ENROLMENT, AND LICENSE.--The laws of the United States have
given many privileges to vessels built, owned and commanded by our own
citizens. Such vessels are entitled to be registered, enrolled or
licensed, according to circumstances, and are thereupon considered
"vessels of the United States, entitled to the benefits and privileges
appertaining to such ships." The only vessels entitled to a register
are those built in the United States and owned wholly by citizens
thereof; vessels captured in war by our citizens, and condemned as
prizes; and vessels adjudged to be forfeited for breach of the laws of
the United States, being wholly owned by such citizens. No owner is
compelled to register his vessel, but unless registered (with the
exception of those enrolled and licensed in the coasting and fishing
trades) she is not entitled to the privileges and benefits of a "vessel
of the United States," although she be built, owned and commanded by
citizens thereof.[8]
[8] Act 1792, ch. 45, §1.
Vessels employed wholly in the whale-fishery, owned by an incorporated
company, may be registered, so long as they shall be wholly employed
therein.[9] If not so owned and registered, they must be enrolled and
licensed.[10]
[9] Act 1831, ch. 350, §1.
[10] 3 Sumner, 342. 2 Law Rep. 146 contra.
The name of every registered vessel, and the port to which she belongs,
must be painted on her stern, on a black ground, in white letters, of
not less than three inches in length. And if any registered vessel is
found without her name and the name of her port so painted, the owners
thereof forfeit fifty dollars.[11]
[11] Act 1792, ch. 45, §3.
In order to the obtaining of a register, oath must be made that the
master is a citizen of the United States.[12] If the master of a
registered vessel is changed, or if the vessel's name is altered, such
fact must be endorsed upon the register at the custom-house, otherwise
she will cease to be considered a vessel of the United States.[13]
[12] Do. §4, §12.
[13] Act 1792, ch. 45, §23.
If any certificate of registry is fraudulently or knowingly used for
any ship or vessel not at the time entitled to it, such ship or vessel,
with her tackle, apparel and furniture, shall be forfeited to the
United States.[14] If an enrolled or licensed vessel is about to
proceed on a foreign voyage, she must surrender her enrolment and
license, and take out a register, or she, together with her cargo, will
be liable to forfeiture.[15] In case of the loss of a register, the
master may make oath to the fact, and obtain a new one.
[14] Do. §27.
[15] Act 1793, ch. 52, §8.
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