256
AMERICAN PASSENGERS' ACT.
forty-nine, entitled "An Act to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels and the regulations thereof," are hereby repealed. But nothing in this Act contained shall in anywise obstruct or prevent the prosecution, recovery, distribution or remission of any fines, penalties or forfeitures, which may have been incurred in respect to any vessels prior to the day this Act goes into effect, in respect to such vessels, under the laws hereby repealed, for which purpose the said laws shall continue in force.
•
But the Secretary of the Treasury may, in his discretion, and upon such conditions as he shall think proper, discontinue any such prosecution, or remit or modify such penalties.
APPROVED, March 3, 1855.
EXTRACT OF AN ACT FOR THE REGISTERING, ENROLLING, AND LICENSING OF SHIPS OR VESSELS OF THE
UNITED STATES.
How Foreign built vessels can be owned by Citizens of the United States.
Art. 73.-On questions submitted to this department, as to what documents cau be issued under the laws of the United States to foreign built vessels purchased and wholly owned by citizens of the United States, whether purchased of belligerents or neutrals during a war to which the United States are not a party, or in peace, of foreign owners, it has been decided as follows:--
Vessels so purchased and owned are entitled to the protection of the authorities and flag of the United States, as the property of American citizens, although no register, enrolment, licence, or other marine document, prescribed by the United States, can be lawfully issued to such vessels.
Art. 74.-To enable, however, the owners of a vessel so circumstanced to protect their rights, if molested or questioned, the collector of the customs, though forbidden by law to grant any marine document or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its validity in form and substance, and deliver to the owner a certificate to that effect; certifying, also, that the owner is a citizen of the United States.
Art. 75. These facts, thus authenticated, if the transfer was in good faith, entitle the vessel to protection as the lawful property of a citizen of the United States; and the authentication of the bill of sale and of citizenship will be prima facie proof of such good faith.
Art. 76. In all cases, therefore, where the evidence of the purchase of a foreign vessel by a citizen of the United States, with proof of citizenship and of the bona fide character of the purchase, shall be furnished to the collector of the customs, he will, if the proof be satisfactory, and purchase deemed fair, record the bill of sale in his office, and deliver to the party the original, with a certificate endorsed thereon in the following form, to wit:
Collector of the Customs for the Port
in the State of
I
in the United States of America, do hereby certify that the within Bill of Sale, bearing date of
of the
(here describe the vessel, her tonnage, denomination, name, &c.), sold and transferred by
to is, in form and substance, valid and effective in law, and has been duly recorded in my office; and that the said (naming the owners) are Citizens of the United States.
As Witness my hand and seal this day of
Lord 18
·
in the year of our
[L.S.]
Art. 77.-Before granting such certificate, the collector of the customs will require the tonnage of the vessel to be duly ascertained in pursuance of Law, and insert the same in the description of the vessel in his certificate.
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