war by citizens of the United States, and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by citizens, and no others, may be registered as directed in this Title.

Their substantial, if not their entire value consists in their right to the character of national vessels, and to the protection of the national flag-White's Bank v. U. S. 7 Wall. 655; Crapo v. Kelly, 16 Wall. 633; The Merritt, 17 Wall. 585; 2 Biss. 381; Chadwick v. Baker, 54 Me. 9. See Desty S. & A. § 9.

§ 4133. Vessels owned by non-residents. — No vessel shall be entitled to be registered, or, if registered, to the benefits of registry, if owned in whole or in part by any citizen of the United States who usually resides in a foreign country, during the continuance of such residence, unless such citizen be a consul of the United States, or an agent for and a partner in some house of trade or copartnership, consisting of citizens of the United States actually carrying on trade within the United States.

U. S. v. Gillies, Pet. C. C. 159. Desty S. & A. § 11.

§ 4134. Vessel owned by non-resident naturalized citizens.-No vessel shall be entitled to be registered as a vessel of the United States, or, if registered, to the benefits of registry, if owned in whole or in part by any person naturalized in the United States, and residing for more than one year in the country from which he originated, or for more than two years in any foreign country, unless such person be a consul or other public agent of the United States. Nothing contained in this section shall be construed to prevent the registering anew of any vessel before registered, in case of a sale thereof in good faith to any citizen resident in the United States; but satisfactory proof of the citizenship of the person on whose account a vessel may be purchased shall be exhibited to the collector, before a new register shall be granted for such vessel.

U. S. v. Gillies, Pet. C. C. 159.

§ 4135. American vessel taking foreign flag.No vessel which has been recorded or registered as an American vessel of the United States, pursuant to law, and which was licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry.

§ 4136. Wrecked vessels.-The Secretary of the Treasury may issue a register or enrollment for any vessel built in a foreign country, whenever such vessel shall be wrecked in the United States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfaction of the Secretary that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired.

The registration of foreign vessels wrecked upon the coast is a part of the system of registration and enrollment The Mohawk, 3 Wall. 566.

§ 4137. Vessels owned by corporations.-Registers for vessels owned by any incorporated company may be issued in the name of the president or secretary of such company; and such register shall not be vacated or affected by sales of any shares of stock in such company.

§ 4138. New registry upon death.-Upon the-death, removal, or resignation of such president or secretary of any incorporated company owning any vessel, a new register shall be taken out for such vessel.

§ 4139. Oath of officer of corporation.-Previously to granting a register for any vessel, owned by any company, the president or secretary thereof shall swear to the ownership of the vessel, by such company, without designating the names of the persons composing the company; and the oath shall be deemed sufficient, without requiring the oath of any other person interested or concerned in such vessel.

§ 4140. Nationalization of vessels in Alaska. The Secretary of the Treasury may make such regulations as he may deem expedient, for the nationalization of all vessels owned by actual residents of the Territory of Alaska, on the twentieth day of June, eighteen hundred and sixty-seven, and which continued to be so owned up to the date of such nationalization.

§ 4141. Where registered.-Every vessel, except as is hereinafter provided, shall be registered by the collector of that collection-district which includes the port to which such vessel shall belong at the time of her registry; which port shall be deemed to be that at or nearest to which the owner, if there be but one, or, if more than one, the husband or acting and managing owner of such vessel, usually resides.

The vessel is to be registered at the port to which she belongs, her domicile or home port, and this must be nearest to the place where the owner or owners reside-Hays v. P. M. S. S. Co. 17 How. 598; Morgan v. Parham, 16 Wall. 475; Blanchard v. The Martha Washington, 1 Cliff. 466; Hill v. The Golden Gate, Newb. 308; St. Louis v. Ferry Co. 11 Wall. 432; Collins v. The Fort Wayne, 1 Bond, 491; Dudley v. The Superior, Newb. 176. The port where the vessel is enrolled and licensed being her home port-Pickell v. The Loper, Taney, 500. And see Desty S. & A. § 12.

§ 4142. Oath for registry, by owner.-In order to the registry of any vessel, an oath shall be taken and subscribed by the owner, or by one of the owners thereof, before the officer authorized to make such registry, declaring, according to the best of the knowledge and belief of the person so swearing, the name of such vessel, her burden, the place where she was built, if built within the United States, and the year in which she was built; or that she has been captured in war, specifying the time, by a citizen of the United States, and lawfully condemned as prize, producing a copy of the sentence of condemnation, authenticated in the usual forms; or that she has been adjudged to be forfeited for a breach of the laws of the United States, producing a like copy of the adjudication of forfeiture; and declaring his name and place of abode, and if he be the sole owner of the vessel, that such is the case; or if there be another owner, that there is such other owner, specifying his name and place of abode, and that he is a citizen of the United States, and specifying the proportion belonging to each owner; and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for and a partner in a house or copartnership consisting of citizens of the United States, actually carrying on trade within the United States, that such is the case, that the person so swearing is a citizen of the United States, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence, or otherwise, interested in such vessel, or in the profits or issues thereof; and that the master thereof is a citizen, naming the master, and stating the means whereby or manner in which he is a citizen.

The oath must be taken before the officer authorized to make the registry-The Active, Olcott, 286; Weston v. Penniman, 1 Mason, 306. It respects only the legal ownership of the property, and does not require a disclosure of the equitable interests-Weston v. Penniman, 1 Mason, 306. The Registry acts have not changed the common law as to the transfer of vessels, but only deprives the vessel not transferred according to those acts of her national character-Weston v. Penniman, 1 Mason, 306. A ship built for aliens resident abroad becomes their property, without any documentary title-The Active, Olcott, 288. Requisites of oath and particulars to be specified-The Fideliter, Deady, 634. Desty S. & A. § 13.

§ 4143. Forfeiture for false swearing.-If any of the matters of fact alleged in the oath taken by an owner to obtain the registry of any vessel, which within the knowledge of the party so swearing are not true, there shall be a forfeiture of the vessel, together with her tackle, apparel, and furniture, in respect to which the oath shall have been made, or of the value thereof, to be recovered, with the costs of suit, of the person by whom the oath was made.

The affirmation must be knowingly false-The Fideliter, Deady, 634. A false oath as to the domicile of the owner creates a forfeiture-The Venus, 8 Cranch, 253. Ownership cannot be created by a sham saleThe Fideliter, Deady, 645.

§ 4144. Oath by master.-If the master of a vessel is within the district where a registry thereof is to be made, when application is made for registering the same, he shall, himself, instead of the owner, or of the agent or attorney, as hereinafter mentioned, make oath touching his being a citizen, and the means whereby or manner in which he is a citizen; in which case, if the master shall knowingly swear to anything untrue, no forfeiture of the vessel, on account of such false oath, shall be incurred, but the master shall be liable to a penalty of one thousand dollars.

§ 4145. Bond for registry.-Previous to the registry of any vessel, the husband or acting and managing owner, together with the master thereof, and one or more sureties, to the satisfaction of the collector of the district whose duty it is to make such registry, shall give bond to the United States, if such vessel be of burden not exceeding fifty tons, in the sum of four hundred dollars; if of burden above fifty tons, and not exceeding one hundred, in the sum of eight hundred dollars; if of burden above one hundred tons, and not exceeding two hundred, in the sum of twelve hundred dollars; if of burden above two hundred tons, and not exceeding three hundred, in the sum of sixteen hundred dollars; and if of burden exceeding three hundred tons, in the sum of two thousand dollars.

The Government may elect to proceed either against the vessel as forfeited, or against the person who took the false oath for its value; but until the election is made, the title does not vest in the Government-U. S. v. Grundy, 3 Cranch, 338. The sum secured is a penalty or forfeiture, and not liquidated damages-U. S. v. Montell, Taney, 48. Desty S. & A. § 14.

§ 4146. Condition of bond.-The conditions of the bond given to obtain the registry of a vessel shall in each case be that the certificate of such registry shall be solely

used for the vessel for which it is granted, and shall not be sold, lent, or otherwise disposed of, to any person whomsoever; and that, in case such vessel shall be lost, or taken by an enemy, burned, or broken up, or shall be otherwise prevented from returning to the port to which she may belong, the certificate, if preserved, shall be delivered up, within eight days after the arrival of the master or person having the charge or command of such vessel, within any district of the United States, to the collector of such district; and that if any foreigner, or any person for the use and benefit of such foreigner, shall purchase or otherwise become entitled to the whole or any part or share of or interest in such vessel, the same being within a district of the United States, the certificate shall, in such case, within seven days after such purchase, change, or transfer of property, be delivered up to the collector of the district; and that if any such purchase, change, or transfer of property shall happen when such vessel shall be at any foreign port or place, or at sea, then the master or person having the charge or command thereof, shall, within eight days after his arrival within any district of the United States, deliver up the certificate to the collector of such district.

The manner of making known a sale or transfer to a foreigner is by giving up the certificate of registry to be canceled-The Florenzo, Blatchf. & H. 54; The Margaret, 9 Wheat. 421.

§ 4147. Carpenter's certificate.-In order to the registry of any vessel built within the United States, it shall be necessary to produce a certificate, under the hand of the principal or master carpenter, by whom or under whose direction the vessel has been built, testifying that she was built by him or under his direction, and specifying the place where, the time when, and the person for whom, and describing her build, number of decks and masts, length, breadth, depth, tonnage, and such other circumstances as are usually descriptive of the identity of a vessel; which certificate shall be sufficient to authorize the removal of a new vessel from the district where she may be built to another district in the same or an adjoining State, where the owner actually resides, provided it be with ballast only.

§ 4148. Measurement of vessel.-Before any vessel shall be registered, she shall be measured by a surveyor, if there be one, or by the person he shall appoint, at the port or place where the vessel may be, and if there be none, by such person as the collector of the district within which she may be shall appoint. But in all cases where a