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8. 4, v. 1, p. 490.

than to some port in America, without such passport, the June 1, 1796, master of such vessel shall be liable to a penalty of two hundred dollars for every such offense.

SEC. 4308. Every unregistered vessel owned by a citizen of the United States, and sailing with a sea-letter, going to any foreign country, shall, before she departs from the, United States, at the request of the master, be furnished by the collector of the district where such vessel may be with a passport, for which the master shall be subject to the rules and conditions prescribed for vessels of the United States.

Passports of unregistered vessels.

Mar. 2, 1803, s.

1, v. 2, p. 208.

with

2, v. 2, p. 203.

SEC. 4309. Every master of a vessel, belonging to citizens Deposit of of the United States, who shall sail from any port of the wo papers United States, shall, on his arrival at a foreign port, deposit, Feb. 28, 1803, s. his register, sea-letter, and Mediterranean passport with the consul, vice-consul, commercial agent, or vice-commercial agent, if any there be at such port; and it shall be the duty of such consul, vice-consul, commercial agent, or vice-commercial agent, on such master or commander producing to him a clearance from the proper officer of the port where his vessel may be, to deliver to the master all of his papers, if such master or commander has complied with the provisions of law relating to the discharge of seamen in a foreign country, and to the payment of the fees of consular officers.

SEC. 4310. Every master of any such vessel who refuses Penalty for failure to deposit or neglects to deposit the papers as required by the pre papers with conceding section, shall be liable to a penalty of five hundred suf Ibid. dollars, to be recovered by such consul, vice-consul, commercial agent, or vice-commercial agent, in his own name, for the benefit of the United States, in any court of competent jurisdiction.

Title 53, chap. 5.

List of crew to

be delivered to collector.

Feb. 28, 1803, s. 1, v. 9, p. 203;

SEC. 4573. Before a clearance is granted to any vessel bound on a foreign voyage or engaged in the whale-fishery, the master thereof shall deliver to the collector of the customs a list containing the names, places of birth and resi dence, and description of the persons who compose his Apr. 4, 1840, s. 2, ship's company; to which list the oath of the captain shall v.2, p. 370. be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them; and the collector shall deliver him a certified copy thereof, for which the collector shall be entitled to receive the sum of twenty-five cents.

collector, and

SEC. 4574. In all cases of private vessels of the United, Mar. 3, 1813, s. 3, v. 2, p. 809. States sailing from a port in the United States to a foreign List of crew to port, the list of the crew shall be examined by the collector be examined by for the district from which the vessel shall clear, and, if certified, etc. approved of by him, shall be certified accordingly. No person shall be admitted or employed on board of any such vessel unless his name shall have been entered in the list of the crew, approved and certified by the collector for the district from which the vessel shall clear. The collector, before he delivers the list of the crew, approved and certified, to the master or proper officer of the vessel to which the same belongs, shall cause the same to be recorded in a

Rules as to list

of crew.

book by him for that purpose to be provided, and the record shall be open for the inspection of all persons, and a certified copy thereof shall be admitted in evidence in any court in which any question may arise under any of the provisions of this Title.

SEC. 4575. The following rules shall be observed with July 20, 1840, reference to vessels bound on any foreign voyage: ch.48, v. 5, pp.394,

395, 397; Feb. 27,

First. The duplicate list of the ship's company, required 1877, v. 19, p. 252. to be made out by the master and delivered to the collector of the customs, under section forty-five hundred and seventy-three, shall be a fair copy in one uniform handwriting, without erasure or interlineation.

Title 70, chap. 3.

etc.

9, v. 4, p. 116.

Second. It shall be the duty of the owners of every such vessel to obtain from the collector of the customs of the district from which the clearance is made, a true and certified copy of the shipping-articles, containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations.

Third. These documents, which shall be deemed to contain all the conditions of contract with the crew as to their service, pay, voyage, and all other things, shall be produced by the master, and laid before any consul, or other commercial agent of the United States, whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or assistance.

Fourth. All interlineations, erasures, or writing in a hand different from that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provisions of law which guard the rights of mariners.

Fifth. If any master of a vessel shall proceed on a foreign voyage without the documents herein required, or refuse to produce them when required, or to perform the duties imposed by this section, or shall violate the provisions thereof, he shall be liable to each and every individual injured thereby in damages, to be recovered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine of one hundred dollars for such offense.

Sixth. It shall be the duty of the boarding-officer to report all violations of this section to the collector of the port where any vessel may arrive, and the collector shall report the same to the Secretary of the Treasury and to the United States attorney in his district.

SEC. 5358. Every person who plunders, steals, or destroys Plundering any money, goods, merchandise, or other effects, from or wrecked vessels, belonging to any vessel in distress, or wrecked, lost, Mar. 3, 1825, s. stranded, or cast away, upon the sea, or upon any reef, shoal, bank, or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States; and every person who willfully obstructs the escape of any person endeavoring to save his life from such vessel, or the wreck thereof; and every person who

holds out or shows any false light, or extinguishes any true light, with intent to bring any vessel, sailing upon the sea, into danger, or distress, or shipwreck, shall be punished by a fine of not more than five thousand dollars, and imprisoned at hard labor not more than ten years.

cast away vessel. Ibid., s. 28, p. 122.

SEC. 5364. Every person who, on the high seas, or within Conspiracy to the United States, willfully and corruptly conspires, combines, and confederates with any other person, such other person being either within or without the United States, to cast away or otherwise destroy any vessel, with intent to injure any person that may have underwritten or may thereafterward underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; and every person who, within the United States, builds, or fits out, or aids in building and fitting out, any vessel with intent that the same be cast away or destroyed with the intent herein before mentioned, shall be punished by a fine of not more than ten thousand dollars, and by imprisonment at hard labor not more than ten years.

That section fifty-three hundred and sixty-five of the Aug. 6, 1894. Revised Statutes is hereby amended to read as follows:

28 Stat. L., 233. Crimes at sea. See note 2.

Barratry by and punished.

owner defined

Substitute for R. S., sec. 5365.

See sec. 5323.

"SEC. 5365. Every person who, on the high seas, willfully and corruptly casts away or otherwise destroys any vessel of which he is owner, in whole or in part, with intent to prejudice any person that may underwrite any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall be punished by imprisonment for life, or for any term of years." SEC. 2. That section fifty-three hundred and sixty-six of the Revised Statutes is hereby amended so that it will read the Navy. as follows:

Piracy: see

also Vessels of

See note 1.

by owner, de

"SEC. 5366. Every person, not being an owner, who, on Barratry, not the high seas, willfully and corruptly casts away or other fined and punwise destroys any vessel to which he belongs, being the shed, Substitute for property of any citizen, shall be punished by imprisonment R. S.. sec. 5366. for life, or for any term of years."

ive.

SEC. 3. This act shall only apply to acts hereafter com- Not retroactmitted and shall not affect any case or prosecution now pending.

Attempt to destroy vessel at

sea.

7, v. 9, p. 441.

SEC. 5367. Every person, not being an owner, who, on the high seas, willfully, with intent to destroy the same, sets fire to any vessel, or otherwise attempts the destruc- July 29, 1850, 8. tion thereof, being the property of any citizen, shall suffer imprisonment at hard labor for a term of not more than ten years nor less than three years.

SEC. 5423. If any person falsely makes, forges, counter- Title 70, chap. 5. feits, or alters any instrument in imitation of, or purporting Forging or alto be, an abstract or official copy, or certificate of the record- tering ship's pa ing, registry, or enrollment of any vessel, in the office of house docu

Note 2.-The original sections of the Revised Statutes here referred to provide capital punishment for these offenses.

pers or custom

ments.

19, v. 4, p. 120.

See sec. 4191.

Mar. 3, 1825, s. any collector of the customs, or a license to any vessel, for carrying on the coasting trade, or fisheries of the United States, or a certificate of ownership, pass, passport, sealetter, or clearance, granted for any vessel, under the authority of the United States, or a permit, debenture, or other official document granted by any collector or other officer of the customs, by virtue of his office; or passes, utters, or publishes, or attempts to pass, utter, or publish, as true, any such false, forged, counterfeited, or falsely altered instrument, abstract, official copy, certificate, license, pass, passport, sea-letter, clearance, permit, debenture, or other official document herein specified, knowing the same to be false, forged, counterfeited, or falsely altered, with an intent to defraud, he shall be punished by a fine of not more than one thousand dollars, and by imprisonment at hard labor not more than three years.

YACHTS.

1, v. 16, p. 171;

133, v.

22.

p. 566.

this section.

Sec.

4214. Act Jan. 16, 1895. Bond not re

quired. License of yachts.

4215. Signals of yachts.

4216. Yachts belonging to foreign yacht

clubs.

Sec.

4217. Commissions to yachts.
4218. Entry of yachts.

Title 48, chap. 2. SEC. 4214. The Secretary of the Treasury may cause License of yachts used and employed exclusively as pleasure vessels yachts. or designed as models of naval architecture, if built and Aug. 7, 1848, s. 2, v. 9, p. 274; owned in compliance with the provisions of sections fortyJune 20, 1870, s. one hundred and thirty-three to forty-one hundred and Mar. 3, 1883, ch. thirty-five, to be licensed on terms which will authorize Seo act Jan. 16, them to proceed from port to port of the United States, 1895, amending and by sea to foreign ports, without entering or clearing at the custom-house, such license shall be in such form as the Secretary of the Treasury may prescribe. The owner of any such vessel, before taking out such license, shall give a bond in such form and for such amount as the Secretary of the Treasury shall prescribe, conditioned that the vessel shall not engage in any trade, nor in any way violate the revenue laws of the United States; and shall comply with the laws in all other respects. Such vessels, so enrolled and licensed, shall not be allowed to transport merchandise or carry passengers for pay. Such vessels shall have their name and port placed on some conspicuous portion of their hulls. Such vessels 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 title: Provided, That all charges for license and inspection fees for any pleasure vessel or yacht shall not exceed five dollars, and for admeasurement shall not exceed ten cents per ton.

Jan. 16, 1895.

Yachts.

SEC. 4. That no bond shall be required on the licensing 28 Stat. L., 624. of yachts; 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.

Bonds not

quired.

re

1883, Mar. 3,

Section one of the act approved March third, eighteen R. S., sec. 4214. hundred and eighty-three, amending section forty-two ch. 133 (1 Supp. hundred and fourteen, Revised Statutes, and so forth, is R. S., 412). amended accordingly.

SEC. 5. That any master or owner violating the provisions of this or the preceding section shall be liable to the penalty of two hundred dollars, in addition to any other penalty imposed by law.

Penalty.

ted.

The Secretary of the Treasury shall have power to remit may be remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud.

SEC. 6. That this Act shall not invalidate the bonds here- Bonds in force. tofore given under the requirements of law.

SEC. 4215. All such licensed yachts shall use a signal of Signals of yachts. the form, size, and colors prescribed by the Secretary of the Aug. 7, 1848, 8. Navy; and the owners thereof, shall at all times permit the 3. v. 9, p. 274. naval architects in the employ of the United States to examine and copy the models of such yachts.

June 29, 1870, s.

SEC. 4216. Yachts, belonging to a regularly organized Yachts belong. yacht club of any foreign nation which shall extend like yacht clubs. privileges to the yachts of the United States, shall have 2, v. 16, p. 170. the privilege of entering or leaving any port of the United States without entering or clearing at the custom-house thereof, or paying tonnage tax.

yachts.

SEC. 4217. For the identification of yachts and their Commissions to owners, a commission to sail for pleasure in any designated Ibid., s. 3. yacht belonging to any regularly organized and incorporated yacht club, stating the exemptions and privileges enjoyed under it, may be issued by the Secretary of the Treasury, and shall be a token of credit to any United States official, and to the authorities of any foreign power, for privileges enjoyed under it.

SEC. 4218. Every yacht visiting a foreign country under Entry of yachts. the provisions of the four preceding sections shall, on her Ibid., s. 4, p. 171. return to the United States, make due entry at the customhouse of the port at which, on such return, she shall arrive.

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5327. Whipping and the pillory abolished. | 5347. Maltreatment of crew by officers of 5328. Jurisdiction of State courts.

5329. Benefit of clergy.

5330. Pardoning power.

5339. Murder.

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vessels.

5348. Maiming, etc.

5390. Misprision of felony.

5391. Offenses committed in places ceded
to the United States.

1624. Mutiny in the Navy.

5359. Inciting revolt or mutiny on ship-
board.

5360. Revolt and mutiny on shipboard.

SEC. 1624. ART. 6. If any person belonging to any pub- Title 15,chap.10. lic vessel of the United States commits the crime of murder Murder. without the territorial jurisdiction thereof, he may be tried, July 17, 1862, 8. by court-martial and punished with death.

1, v. 12, p. 602.

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