ber of feet), in breadth (inserting here the number of feet), in depth (inserting here the number of feet), and measures (inserting here the number of tons): And the said builder and (naming and describing the owner, or master, or agent for the owner or owners, as the case may be, by whom the said certificate shall have been countersigned) having agreed to the said description and admeasurement, the said vessel has been recorded, in the district of (inserting here the name of the district where recorded), in the United States. Witness my hand and seal this (inserting here the day of the month) day of (inserting here the name of the month), in the year (inserting here the number of the year)." Which certificate shall be recorded in the office of the collector, and a duplicate thereof transmitted to the Register of the Treasury to be recorded in his office.

§ 4183. Change of master or name of recorded vessel. Whenever the master or the name of a vessel so recorded is changed, the owner, part owner, or consignee of such vessel shall cause a memorandum thereof to be indorsed on the certificate of the record, by the collector of the district where such vessel may be, or at which she shall first arrive if such change took place in a foreign country; and a copy thereof shall be entered in the book of records, a transcript whereof shall be transmitted by the collector to the collector of the district where such certificate was granted, if not the same person, who shall enter the same in his book of records, and forward a duplicate of such entry to the Register of the Treasury; and in such case, until the owner, part owner, or consignee shall cause the memorandum to be made by the collector, in the manner above prescribed, such vessel shall not be deemed a vessel recorded, in pursuance of this Title.

§ 4184. Production of certificate upon entry. The master or other person having the command or charge of any vessel, recorded in pursuance of this Title, shall, on entry of such vessel, produce the certificate of such record to the collector of the district where she is so entered; and in default thereof the vessel shall not be entitled to the privileges of a recorded vessel.

§ 4185. Fees of collector.-The fees to be allowed and paid to collectors for services pertaining to the registry or record of vessels shall be as follows: For each certificate of registry or record, two dollars; for each endorsement upon a certificate of registry or record, one dollar; and for taking any bond required by this Title, twenty-five cents.

§ 4186. Fees of surveyors.-The fees to be allowed and paid to surveyors shall be as follows: For the admeasurement and certifying the same, of any vessel of one hundred tons and under, one cent per ton; for the admeasurement of any vessel above one hundred tons and not exceeding two hundred tons, one dollar and fifty cents; for the admeasurement of any vessel above two hundred tons, two dollars; for all other services to be performed by such surveyor, on board any vessel of one hundred tons or upward, having on board goods, wares, or merchandise subject to duty, three dollars; for the like services on board any vessel of less than one hundred tons burden, having on board goods, wares, or merchandise subject to duty, one and a half dollars; on all vessels not having on board goods, wares, or merchandise subject to duty, two-thirds of a dollar. All such fees shall be paid by the master or owner of the vessel in which the services shall be performed to the surveyor by whom they shall be performed, if performed by one only, for his sole benefit; but if performed by more than one, to him who shall have the first agency, to be divided in equal parts between him and the other or others by whom the services shall also be performed. But the charge for the measurement of tonnage and certifying the same shall not exceed the sum of one dollar and fifty cents for each transverse section under the tonnage-deck; and the sum of three dollars for measuring each between-decks above the tonnage-deck; and the sum of one dollar and fifty cents for each poop, or closed-in space available for cargo or stores, or for the berthing or accommodation of passengers, or officers and crew, above the upper or spar deck.

§ 4187. Penalty for misconduct by officers.-Every collector or officer who knowingly makes, or is concerned in making, any false register or record, or who knowingly grants or is concerned in granting, any false certificate of registry or record of or for any vessel, or any other false document whatever touching the same, contrary to the true intent and meaning of this Title, or who designedly takes any other or greater fees than are by this Title allowed, or who receives any voluntary reward or gratuity for any of the services performed, pursuant thereto; and every surveyor or other person appointed to measure any vessel, who willfully delivers to any collector or naval officer a false description of such vessel, to be registered or recorded, shall be punishable by a fine of one thousand dollars, and be rendered incapable of serving in any office of trust or profit under the United States.

§ 4188. Penalty for neglect by officers.- If any person authorized and required by this Title to perform, as an officer, any act or thing, willfully neglects to do or perform the same, according to the true intent and meaning of this Title, he shall, if not subject to the penalty and disqualification prescribed in the preceding section, be punishable by a fine of five hundred dollars for the first offense, and by a like fine for the second offense, and shall thenceforth be rendered incapable of holding any office of trust or profit under the United States.

§ 4189. Penalty for fraudulent registry.— Whenever any certificate of registry, enrollment, or license, or other record or document granted in lieu thereof, to any vessel, is knowingly and fraudulently obtained or used for any vessel not entitled to the benefit thereof, such vessel, with her tackle, apparel, and furniture, shall be liable to forfeiture.

The provisions of this section apply as well to vessels which have not been previously registered as to those to which registers have been previously granted-The Neptune, 3 Wheat. 601. If a vessel is, after a sale to a foreigner, navigated thereunder, it is a violation of the actThe Maria, Deady, 89; The Fideliter, Ibid. 645; The Margaret, 9 Wheat. 421. The offense must be established beyond a reasonable doubt-U.S. v. The Burdett, 9 Peters, 682. Condemnation follows from a defect of testimony on the part of the claimant-The Luminary, 8 Wheat. 407. The penalty in this section applies exclusively to vessels engaged in foreign commerce-The Mohawk, 3 Wall. 566. "Liable" only implies that the United States may not discover or may not enforce the forfeiture-The Mary Celeste, 2 Low. 354. Where the United States have an election to proceed against the vessel or against the owner the title of the owner is not divested eo instanti―U. S. v. The Reindeer, 2 Cliff. 68; Desty S. & A. 16.

§ 4190. Sea-letters, to what vessels issued.-No sea-letter or other document certifying or proving any vessel to be the property of a citizen of the United States shall be issued, except to vessels duly registered, or enrolled and licensed as vessels of the United States, or to vessels which shall be wholly owned by citizens of the United States, and furnished with or entitled to sea-letters or other custom-house documents.

§ 4191. Forged sea-letters, etc.-Every person who knowingly makes, utters, or publishes any false sealetter, Mediterranean passport, or certificate of registry, or who knowingly avails himself of any such Mediterranean passport, sea-letter, or certificate of registry, shall be liable to a penalty of not more than five thousand dollars, and, if an officer of the United States, shall thenceforth be incapable of holding any office of trust or profit under the authority of the United States.

DESTY C. & N.-3.

If any one falsely makes, forges, counterfeits, or alters any instrument purporting to be an abstract or official copy or certificate of the registry, enrollment, or license, or of any document granted under the authority of the United States, he shall be punished by fine and imprisonment-Rev. Stats. sec. 5423.

§ 4192. Conveyance of vessels – Lien by bottomry. No bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel, of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation, or conveyance is recorded in the office of the collector of the customs where such vessel is registered or enrolled. The lien by bottomry on any vessel, created during her voyage, by a loan of money or materials necessary to repair or enable her to prosecute a voyage, shall not, however, lose its priority, or be in any way affected by the provisions of this section.

Bills of sale, mortgages, or conveyances of vessels to be recorded in the office of the collector of customs where such vessels are registered-Hays v. P. M. S. S. Co. 17 How. 598; Blanchard v. The Martha Washington, 1 Cliff. 463. The recording at the home port gives a preference over a subsequent purchaser or mortgagee-White's Bank v. Smith, 7 Wall. 646. Or a subsequent attachment under a State statuteAldrich v. Etna Ins. Co. 8 Wall. 491; White's Bank v. Smith, 7 Wall. 646. The recording or non-recording only affects priority of liensMott v. Ruckman, 3 Blatchf. 71. The act does not extend to charter parties-Mott v. Ruckman, 3 Blatchf. 71; Hill v. The Golden Gate, Newb. 303. Nor does it supersede statute regulations of a statute not inconsistent with it-Thompson v. Van Vechten, 5 Abb. Pr. 458. The record is to be made in the district of the last registration and enrollment-Potter v. Irish, 10 Gray, 416; Chadwick v. Baker, 54 Me. 9. The provisions are constitutional and valid-White's Bank v. Smith, 7 Wall. 646; Blanchard v. The Martha Washington, 1 Cliff. 463.

§ 4193. Record of sale, mortgages, etc.-The collectors of the customs shall record all such bills of sale, mortgages, hypothecations, or conveyances, and, also, all certificates for discharging and canceling any such conveyances, in books to be kept for that purpose, in the order of their reception; noting in such books, and also on the bill of sale, mortgage, hypothecation, or conveyance, the time when the same was received; and shall certify on the bill of sale, mortgage, hypothecation, or conveyance, or certificate of discharge or cancellation, the number of the book and page where recorded; and shall receive, for so recording such instrument of conveyance or certificate of discharge, fifty cents; but no bill of sale, mortgage, hypothecation, conveyance, or discharge of mortgage or other incumbrance of any vessel, shall be recorded, unless the same is duly acknowledged before a

notary public or other officer authorized to take acknowledgment of deeds.

§ 4194. Index of records. The collectors of the customs shall keep an index of such records, inserting alphabetically the names of the vendor or mortgagor, and of the purchaser or mortgagee, and shall permit such index and books of records to be inspected during officehours, under such reasonable regulations as they may establish, and shall, when required, furnish to any person a certificate, setting forth the names of the owners of any vessel registered or enrolled, the parts or proportions owned by each, if inserted in the register or enrollment, and also the material facts of any existing bill of sale, mortgage, hypothecation, or other incumbrance upon such vessel, recorded since the issuing of the last register or enrollment, viz, the date, amount of such incumbrance, and from and to whom or in whose favor made. The collector shall receive for each such certificate one dollar.

§ 4195. Certified copies of records.-The collectors of the customs shall furnish certified copies of such records, on the receipt of fifty cents for each bill of sale, mortgage, or other conveyance.

§ 4196. Interests to be named in bills of sale. All bills of sale of vessels registered or enrolled, shall set forth the part of the vessel owned by each person selling, and the part conveyed to each person purchasing.