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permits any officer, seaman, or other person employed on board the vessel to visit or frequent any part of the vessel provided for or assigned to the use of such passengers, or the compartments or spaces occupied by such passengers, except for the purpose of doing or performing some necessary act or duty as an officer, seaman, or other person employed on board [of] the vessel, [shall be deemed guilty of a misdemeanor, and] may be fined not more than $100 for each time he directs or permits the provisions of this section to be violated. A copy of this section, written or printed in the language or principal languages of the passengers on board, shall, by or under the direction of the master of the vessel, be posted in a conspicuous place on the forecastle and in the several parts of the vessel provided and assigned for the use of such passengers, and in each compartment or space occupied by such passengers, and the same shall be kept so posted during the voyage; and if the said master neglects so to do, he [shall be deemed guilty of a misdemeanor, and] shall be fined not more than $100.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 157 (Aug. 2, 1882, c. 374, § 7, 22 Stat. 189).

The words "steamship or other" have been deleted as surplusage.

The phrases "shall be deemed guilty of a misdemeanor, and" have been deleted in three places as surplusage in accordance with section 1 of title 18, United States Code. See note to section 701 of this act.

The word "of" between "board" and "the" has been deleted as unnecessary.

SEC. 709. SAME: BOARDING VESSEL ON ARRIVAL; PASSENGER LISTS.—(a) It shall not be lawful for the master of any such [steamship or other] vessel, not in distress, after the arrival of the vessel within any [collection] district of the United States, to allow any person or persons except a pilot, officer of the customs, or health officer, agents of the vessel, and consuls, to come on board [of] the vessel, or to leave the vessel, until the vessel has been taken in charge by an officer of the customs, nor, after charge so taken, without leave of such officer, until all the passengers, with their baggage, have been landed from the [vessel,] vessel.

(b) [and on] On the arrival of any such [steamship or other] vessel within any [collection] district of the United States, the master shall submit for inspection to the officer of the customs who first makes demand therefor, and shall subsequently deliver with his manifest of cargo on entry, a correct list, signed and verified on oath by the master, of all passengers taken on board the vessel at any foreign port or place, specifying in the manner to be prescribed from time to time by the Secretary [of the Treasury], the name of each passenger, age (if a child of eight years or under), sex, married or single, location of compartment or space occupied during the voyage (if the passenger be other than a cabin passenger), whether a citizen of the United States, number of pieces of baggage; and if any passenger die on the voyage, the list shall specify the name, age, and cause of death of each deceased passenger.

(c) For a violation of any of the provisions of this section, or for permitting or neglecting to prevent a violation thereof, the master of the vessel shall be liable to a fine not exceeding $1,000.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 158 (Aug. 2, 1882, c. 374, § 9, 22 Stat. 189; Feb 9, 1905, c. 564, § 1, 33 Stat. 711; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

The section has been divided into subsections to conform to the general arrangement of this Act.

The words "steamship or other" in subsections (a) and (b) have been deleted as surplusage.

The word "collection" has been deleted in two places before "district" as surplusage because "district" is defined as "customs collection district" in section 101 of this act.

The words "of the Treasury" in subsection (b) have been deleted as surplusage since "Secretary" is defined as "Secretary of the Treasury" in section 101 of this Minor changes in phraseology have been made as required in the context of this act.

act.

SEC. 710. SAME: DEATH OF PASSENGERS.-In case there shall have occurred on board any such [steamship or other] vessel any death among such passengers during the voyage, the master or consignees of the vessel shall, within forty-eight hours after the arrival of the vessel within a collection] district of the United States, or within twentyfour hours after the entry of the vessel, pay to the [collector of customs of officer or employee designated by the Secretary for that purpose in such district the sum of $10 for each and every passenger above the age of eight years who shall have died on the voyage by natural disease; and the master or consignees of any vessel who neglect or refuse to pay such [collector] officer or employee, within the times [hereinbefore] prescribed, the sums of money aforesaid, shall be liable to a penalty of $50 in addition to the sum required to be paid [as aforesaid] for each passenger whose death occurred on the voyage. [All sums of money paid to any collector under the provisions of this section shall be by him paid into the Treasury of the United States in such manner and under such regulations as shall be prescribed by the Secretary of the Treasury.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 159 (Aug. 2, 1882, c. 374, § 10, 22 Stat. 190; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words

"steamship or other" in the first line have been deleted as surplusage; "collection" has been deleted before "district" as surplusage because "district" is defined as "customs collection district" in section 101 of this act; "officer or employee designated by the Secretary for that purpose" have been substituted for "collector of customs" and "officer or employee" for collector in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs;" and

"hereinbefore" and "as aforesaid" have been deleted as surplusage.

The last sentence of this section as formerly constituted has been deleted as unnecessary in the light of the act Mar. 4, 1907, c. 2918, § 1, 34 Stat. 1315 (19 U.S.C. 527),and of section 103 of this act which authorizes the Secretary of the Treasury to make such rules and regulations as may be necessary to carry out the provisions of this act.

Section 1 of the act of Mar. 4, 1907, c. 2918, 34 Stat. 1315 (19 U.S.C. 527), referred to above, states:

"Except as otherwise provided by law, all sums received from fines, penalties, and forfeitures, connected with the customs, and from fees paid into the Treasury by customs officers, and from storage cartage, drayage, labor, and services, shall be covered into the Treasury as are other miscellaneous receipts."

SEC. 711. SAME: INSPECTION AND EXAMINATION OF VESSELS; REPORTS.-The [collector of customs of] officer or employee designated by the Secretary for that purpose in the [collection] district within which, or the surveyor of the port at which,] any such [steamship or other] vessel arrives [,] shall [direct an inspector or other officer of the customs to make] cause to be made an examination of the vessel, [and to admeasure] to include admeasurement of the compartments or spaces occupied by the [emigrant passengers, or passengers other than cabin] steerage passengers [] during the [voyage;] voyage, [and such measurement shall be made] in the manner provided by law for admeasuring vessels for [tonnage;] tonnage, and [to compare] a comparison of the number of such passengers found on board with the list of such passengers furnished by the master [to the customs officer,] in pursuance of section 709 of this Act. [and the said inspector or other officer shall make] He shall also require a report [to the aforesaid collector or surveyor, stating] of the port of departure of the vessel, the time of sailing, the length of the voyage, the ventilation, the number of such passengers on board the vessel, and their native country, respectively; the cubic quantity of each compartment or [space;] space, and the number of berths and passengers in each space; the kind and quality of the food furnished to such passengers on the voyage; the number of deaths, and the age and sex of those who died during the voyage, and of what disease; and in case there was any unusual sickness or mortality during the voyage, [to report] whether the same was caused by any neglect or violation of the provisions of this [Act] chapter or of section 2278 of title 18, United States Code, or by the want of proper care against disease by the master or owners of the [vessel,] vessel. [and the said] Such reports shall be forwarded to the Secretary [of the Treasury. at such times and in such manner as he shall direct.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 160 (Aug. 2, 1882, c. 374, §11, 22 Stat. 190; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, § 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector of customs" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs," and additional changes in phraseology have been made necessary by such substitution. The word(s)—

"collection" has been deleted before "district" as surplusage because "district" is defined as "customs collection district" in sec. 101 of this act;

"or the surveyor of the port at which," have been deleted since the office of "surveyor" was abolished by act July 5, 1932, c. 430, title I, § 1, 47 Stat. 584 (19 U.S.C. 5a), and 1965 Reorganization Plan No. 1;

"steamship or other" have been deleted as surplusage;

"steerage" has been substituted for "emigrant passengers, or passengers other than cabin" consistent with the act of December 19, 1908, c. 6, § 1, 35 Stat. 583, which amended the act Aug. 2, 1882, c. 374, § 1, 22 Stat. 186, of which latter act this section is section 11 (see note to sec. 705 of this act);

"chapter or of section 2278 of title 18, United States Code" have been substituted for "Act" as required in the context and because act Aug. 2, 1882, c. 374, § 8 (part), 22 Stat. 189 (formerly 46 U.S.C. 171), relating to penalties for carrying explosives or other dangerous articles on vessels carrying steerage passengers, was repealed by the act June 25, 1948, c. 645, § 17, 62 Stat. 862,

effective Sept. 1, 1948, and is superseded by section 2278 of title 18, United States Code, enacted into positive law; and

"of the Treasury" following "Secretary" have been deleted as surplusage since Secretary is defined as "Secretary of the Treasury" in section 101 of this

act.

SEC. 712. VESSELS CARRYING STEERAGE PASSENGERS FROM UNITED STATES PORTS; DENIAL OF CLEARANCE. The provisions of this [Act] chapter and of section 2278 of title 18, United States Code, shall apply to every [steamship or other] vessel whereon [emigrant passengers, or passengers other than cabin] steerage passengers [] are taken on board at a port or place in the United States for conveyance to any port or place in a foreign country, except foreign territory contiguous to the United States, and shall also apply to any vessel whereon such passengers are taken on board at any port or place of the United States on the Atlantic Ocean or its tributaries for conveyance to a port or place on the Pacific Ocean or its tributaries, or vice versa; and whether the voyage of said vessel is to be continuous from port to port or such passengers are to be conveyed from port to port in part by the way of any overland route through Mexico or Central [America;] America. [and the said collector of customs] The officer or employee designated by the Secretary for that purpose may [direct] cause an examination of the vessel to be made [by an inspector or other officer of the customs, who shall make the examination and report] to ascertain whether the provisions of this [Act] chapter and of section 2278 of title 18, United States Code, have been complied with in respect to such vessel[] and [the said collector] is authorized to withhold the clearance of such vessel until [the coming in of such] he receives the report of such examination; and if the said report shall show that any of the provisions of this [Act] chapter and of section 2278 of title 18, United States Code, have not been complied with, [the collector] he is authorized and directed to withhold the clearance of such vessel until the said provisions are complied [with,] with. [and if] If any such vessel leaves the aforesaid port or place without having been duly cleared [by the collector of customs], the master [shall be deemed guilty of a misdemeanor, and] may be fined not exceeding $1,000, and be imprisoned not exceeding one year, and the vessel shall be liable to seizure and forfeiture.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 161 (Aug. 2, 1882, c. 374, $12, 22 Stat. 191; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

For the reasons set forth in the note to section 711 of this act, the words"chapter and of section 2278 of title 18 United States Code" have been substituted for "Act";

"steamship or other" have been deleted;

"steerage" has been substituted for "emigrant passengers, or passengers other than cabin" (this section is sec. 12 of the act of Aug. 2, 1882); and "The officer or employee designated by the Secretary for that purpose" have been substituted for "the said collector of customs". Additional changes in phraseology have been made necessary by such substitution. The words "shall be deemed guilty of misdemeanor, and" have been deleted as consistent with section 1 of title 18, United States Code. See note to section 701 of this act.

Changes in phraseology have been made as required in the context of this act.

SEC. 713. FINES AND PENALTIES AS LIENS ON VESSEL; RECOVERY.The amount of the several fines and penalties imposed by [any section of this Act] this chapter and by section 2278 of title 18, United States Code, upon the master of any [steamship or other] vessel carrying or bringing [emigrant passengers, or passengers other than cabin] steerage passengers [] for any violation of the said provisions [of this Act,] shall be liens upon such vessel, and such vessel may be libeled therefor in any district court of the United States where such vessel shall arrive or depart.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 162 (Aug. 2, 1882, c. 374, 13, 22 Stat. 191; Mar. 3, 1911, c. 231, § 291, 36 Stat. 1167).

For the reasons set forth in the notes to sections 711 and 712 of this act, the words

"this chapter and by section 2278 of title 18, United States Code," have been substituted for "any section of this Act",

"steamship or other" have been deleted; and

"steerage" has been substituted for "emigrant passengers, or passengers other than cabin" (this section is sec. 13 of the act Aug. 2, 1882).

Changes in phraseology have been made as required in the context of this act

CHAPTER 8-YACHTS

SEC. 801. YACHTS: DOCUMENTATION; EXEMPTION FROM ENTRY AND CLEARANCE; RESTRICTIONS; PENALTIES. (a) The Secretary [of the Treasury] may cause yachts used and employed exclusively as pleasure vessels or designed as models of naval architecture, if built and owned [in compliance with the provisions of section 4135] so as to be entitled to registry as vessels of the United States, to be enrolled and licensed or licensed, in such form as he may prescribe, on terms which will authorize them to proceed from port to port of the United States and to foreign ports without entering or clearing at the customhouse [;]. [such license shall be in such form as the Secretary of the Treasury may prescribe.]

(b) Such vessels, so enrolled and licensed or licensed, shall not be allowed to transport merchandise, [or] carry passengers for pay[], engage in any trade, nor in any way violate the revenue laws of the United States. [Such vessels shall have their name and port placed on some conspicuous portion of their hulls.]

(c) Such vessels, so enrolled and licensed or licensed, shall [in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the provisions of this section or of sections 251, 255, 261, 262, 265, 267, 271, 406, 514, 525, 526, 804, 904, 933, and 939 of this [title] Act, [No licensed yacht shall engage in any trade, nor in any way violate the revenue laws of the United States; and every such yacht shall comply with the laws in all respects. Any] and any master or owner violating the provisions of [the preceding] this section shall be liable to [the] a penalty of $200, in addition to any other penalty imposed by law. [The Secretary of the Treasury shall have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud.]

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