the vessel at the customhouse by producing and depositing with the collector the vessel's crew list, its register, or document in lieu thereof, the clearance and bills of health issued to the vessel at the foreign port or ports from which it arrived, together with the original and one copy of the manifest, and shall make oath that the ownership of the vessel is as indicated in the register and that the manifest was made out in accordance with section 431 of this act. (See art. 110.) (b) The oath on entry shall be on customs Form 3251. (c) The master shall account for the ship's crew by the following indorsement on the crew list: master of the I, do solemnly and truly swear that all of the above-named crew have returned with me in said vessel to this port except those who failed to join vessel before sailing as shown on supplementary crew list attached hereto and those noted below: I further swear that those shipped after clearance as substitutes or otherwise, whose names appear on said supplementary list, have all returned in the vessel except as otherwise stated. Sworn to before me this day of Master. Deputy Collector. (d) On entry the master shall also report to the collector the equipment purchased or the repairs made in the foreign country, making oath on customs Form 3415 or 3417 as the case may be. (e) The master shall also present on entry the pratique issued by the United States Public Health Service on Form 1940A or 1940B; and shall pay the tonnage taxes, the prescribed fees, and any penalties incurred. R. S. 4576 as amended by act Mar. 3, 1897. U. 17975. Art. 113. Production of crew list and crew. (a) The master of every vessel of the United States returning from S. C. title 46, a foreign voyage or engaged in the whale fishery shall sec, 677. T. D. exhibit the certified copy of the list of the crew (shipping Form 710A) to the first boarding officer at the first port in the United States at which he arrives on his return, and also produce the persons named therein to the boarding officer, whose duty it shall be "to examine the men with such list" (commerce Form 1431) and to report the same to the collector. June 26, 1884, sec. (b) Boarding officers will also muster destitute Ameri-R.S.4577, 4578, act can seamen, if any should be on board, in order to verify act June 19, the consular certificates. 1886, sec. 18. S. C. title 46, secs. 678, 679. 46, sec. 677. Art. 114. Copy of crew list transmitted to port of T. D. 5480. original sailing-Penalty for failure to produce member, Sec. 677 of crew. The collector at the port of arrival, if it is not the port from which the vessel originally sailed, will transmit a copy of the crew list so reported to him, or a certifi U. R. S. 4578, act June 26, 1884, sec. 9. U. S. C. title 46, sec. 679. Act June 19, 1886, sec. 18. U. S. C. title 46, 5480. cate as prescribed by the Department of Commerce (commerce Form 1432), to the collector of the port from which such vessel originally sailed. For each failure to produce any person on the certified copy of the list of the crew the master and owner are severally liable to a penalty of $400, but such penalties are not incurred on account of the master not producing to the first boarding officer any of the persons contained in the list who may have been discharged in a foreign country with the consent of the consular officer there residing, certified in writing, under his hand and official seal, to be produced to the collector with the other persons composing the crew, nor on account of any such person dying or absconding or being forcibly impressed into other service, of which satisfactory proof shall also be exhibited to the collector. Art. 115. Carriage of destitute seamen in United States vessels. (a) Masters of vessels of the United States, homeward bound, are required, under a penalty of $100 for each refusal, to receive on board, at the request of consular officers, any destitute seamen, and to carry them to the port of the vessel's destination, on the terms specified by law; but no vessel shall be obliged thus to transport, on one voyage, more than one such seaman for each 100 tons burden, nor to receive any person having a contagious disease. If any seaman be so carried who is unable to perform duty, the Comptroller General may allow an additional compensation to the vessel. (b) On arrival of the vessel the consular voucher for sec. 679. T. D. transportation (consular Form 24) must be presented, together with the seamen named therein to the boarding officer or inspector of customs, who will certify thereon to the seaman's arrival, his physical condition, and whether service was performed on the voyage. R. S. 4213. (c) This indorsement serves as a basis for the collector's official record and his further certification as to other facts required. (d) The certificate, after certification by the collector, is to be returned to the agent of the vessel for forwarding to the Bureau of Accounts, Department of State, Washington, D. C., for final adjustment and payment of claim for the transportation of the seaman. (e) The name of the seaman must appear on the vessel's manifest and the passenger list filed on entry of the vessel. Art. 116. Consular services to masters.-Masters shall U. S. C., title 46, deliver to the collector of the district in which the vessel shall first arrive on her return to the United States copies 23 Stats. L. 56. sec. 101. of all receipts given to them by consular officers for fees or charges paid to such officers. Also, masters for whom any official service shall be performed by any consular agent without the payment of a fee, will require a written statement of such services from the consular agent, and, after certifying as to its correctness, will, under a penalty of $50 for failure, deliver said statement to the collector of the district in which the vessel shall first arrive on her return to the United States, which statement of services, together with the copies of receipts above referred to, for moneys paid to consular officers, shall be forwarded monthly by the collector to the Bureau of Accounts, Department of State. Art. 117. Entry of foreign vessels.-(a) Tariff act of 1930, section 435: The master of any foreign vessel arriving within the limits of any customs collection district shall, within forty-eight hours thereafter, make entry at the customhouse in the same manner as is required for the entry of a vessel of the United States, except that a list of the crew need not be delivered, and that instead of depositing the register or document in lieu thereof such master may produce a certificate by the consul of the nation to which such vessel belongs that said documents have been deposited with him: Provided, That such exception shall not apply to the vessels of foreign nations in whose ports American consular officers are not permitted to have the custody and possession of the register and other papers of vessels entering the ports of such nations. (b) The master of any such vessel shall exhibit his register to the collector on or before the entry of the vessel. After the net tonnage has been noted, the master may deliver it to the consul of the nation to which such vessel belongs, in which event he shall file with the collector the certificate provided by law. If not delivered to the consul the register must be deposited in the customhouse. (c) Tariff act of 1930, section 438: It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section 435 of this Act until such master shall produce to him a clearance in due form from the collector of the port where such vessel has been entered. Any consul offending against the provisions of this section shall be liable to a fine of not more than $5,000. (d) Any violation of paragraph (c) of this article shall be reported to the Secretary of Commerce. 38248, 40852, 40290, Art. 118. Sealing of sea stores.-(a) On the arrival of T. Ds. 38218, vessels from foreign ports, or vessels engaged in the foreign 41465. trade from domestic ports, the customs officers may place under seal such stores as in their judgment are not required for immediate use or consumption on board while the vessel is in port, and shall file with the surveyor, or T. D. 40852. Act Feb. 15, 1925; title 42, secs. 81, 82, 41930, 42280, 42625, 43464, 43770. collector where there is no surveyor, a certificate on customs Form 3203 of such stores placed under seal, noting thereon the number of the seal affixed. A copy of such certificate shall be left on board for use of the master in the event the vessel proceeds to another district. (b) As soon as possible after boarding, boarding officers shall place under seal the special room or space containing liquors. (c) Customs inspectors in charge of the vessel may, from time to time, as in their judgment the necessity of the case requires, issue stores from under seal for consumption on board the vessel. (d) When the laws of a treaty country require the crew to be served rations of wine or of liquor, a sufficient quantity thereof for only one day may be released by the inspector, but such release shall not exceed the allowance authorized by the Public Health Service. Application for such release shall be made by the master, chief steward, or other person authorized to act for the master on customs Form 3203 and forwarded to the collector or surveyor. (See art. 126.) (e) Report of sea stores released from under seal shall be made to the collector or surveyor, as the case may be, on customs Form 3203, a copy thereof to be left with the master. (f) The room or space from which such stores are removed shall be immediately resealed and a record made on customs Form 3203 of the number of the new seal affixed. (g) The Tyden seal shall be used in all cases for the purpose of sealing sea stores or cargo, and if broken by customs officers for obtaining stores or otherwise under proper permit and resealed, a record will be made of the breaking of the seal and the number of the new seal noted on the permit. Art. 119. Quarantine requirements-Bills of health.— 1921; act Feb. 7, (a) The master of any vessel clearing or departing from U.S.CT.D. any foreign port or any port in the possessions or other 38682, 38808, 40853, dependencies of the United States for a port in the United States or its possessions or other dependencies must obtain, from the consular or medical officer of the United States a bill of health, in duplicate, from the port of departure and ports of call, except as hereinafter specifically provided for, (b) Bills of health must be obtained at the first port from which the vessel clears or departs for the United States, or the first port at which cargo or persons are taken on board for the United States, and also from each port of call in foreign countries and in the possessions or dependencies of the United States at which the vessel subsequently entered. (c) Bills of health are not required: 43464. Act Aug. title 42, sec. 82. (1) For vessels trading exclusively between ports in T. Ds. 15358, the United States and ports in Canada, Newfoundland, 18, 1894; U. S. C. and the French insular possessions of St. Pierre and Miquelon, and arriving direct from such ports. During the prevalence of any of the quarantinable diseases at such foreign ports, however, bills of health will be required. (2) For vessels from foreign ports originally destined to other foreign ports, but diverted on the high seas by wireless change of orders to a United States port. (3) For vessels which call at a foreign port for orders, T. D. 42280. or for taking on bunkers or necessary sea stores, or in distress, or because of any other emergency, and depart therefrom within 24 hours. without entering or clearing, and which have had no contact with the shore except for the purposes specified. (4) For vessels from ports at which no American T. D. 42280. consular or medical officers are stationed. (d) It is unlawful for any vessel to discharge its cargo or land its passengers prior to inspection and the issuance of a pratique by the proper public health officer. The pratique may be unconditional or restricted. A restricted pratique is conditioned upon a strict compliance with the stated requirements, and the vessel may not depart and shall not be cleared until the requirements have been complied with. (e) On formal entry of the vessel at the first port in T. D. 15662, the United States the master must present the pratique and the original bills of health. Ships proceeding from an American port to a port or ports in the insular possessions and dependencies of the United States, other than the Philippines, and returning directly to an American port are permitted to pass quarantine without inspection, provided they have a "clean" bill of health. Consequently pratiques are not issued for, and will not be required on entrance of such vessels, but the bills of health must be presented. |