Chapter 421.
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CHAP. 421.— An act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes.June 19, 1886. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Certain shipping fees abolished. That on and after July first, eighteen hundred and eighty-six, no fees shall be charged or collected by collectors or other officers of customs, or by inspectors of steam-vessels or shipping commissioners, for the following services to vessels of the United States, to wit:
Measurement of tonnage and certifying theR. S. 4186, p. 807. 80 same; issuing of license or granting of certificate of registry, record, orR. S. 4185, p. 807; 4381, p. 846; 4382, p. 847. R. S. 4197, p. 809; 4381, p. 846; 4382, p. 847. R. S. 4364, p. 844; 4381, p. 847. R. S. 4219, p. 813; Vol. 23, p, 57. R. S. 4193, p. 808; 4382, p. 848. R. S. 4574, p. 885. R. S. 2654, p. 524. R. S. 4612, p. 896. R. S. 4458, p. 863. enrollment, including all indorsements on the same and bond and oath; indorsement of change of master; certifying and receiving manifest, including master’s oath, and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation, or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew-list, including bond; certificate of protection to seamen; bill of health; shipping or discharging of seamen, as provided by title fifty-three of the Revised Statutes and section two of this act; apprenticing boys to the merchant service; inspecting, examining, and licensing steam-vessels, including inspection-certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel; and all provisions of laws authorizing or requiring the collection of fees for such services are repealed, such repeal to take effect July first, Collectors, etc., to report services performed.eighteen hundred and eighty-six.
Collectors or other officers of customs, inspectors of steam-vessels, and shipping commissioners who are paid wholly or partly by fees shall make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, under such regulations as that officer may prescribe; and the Secretary of the Compensation.Treasury shall allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of this act; also such compensation to clerks of shipping commissioners as would have been paid them *Proviso*.had this act not passed: *Provided*, That such services have, in the opinion of the Secretary of the Treasury, been necessarily rendered.
Sec. 2. That shipping commissioners may ship and discharge crowsFees for shipping and discharging crews in coastwise, etc., trade reduced one-half. R. S. 4612, p. 896. for any vessel engaged in the coastwise trade, or the trade between the United States and the Dominion of Canada, or Newfoundland, or the West Indies, or the Republic of Mexico, at the request of the master or owner of such vessel, the shipping and discharging fees in such cases to be one-half that prescribed by section forty-six hundred and twelve of the Revised Statutes, for the purpose of determining the compensation of shipping commissioners.
Sec. 3. That section ten of the act entitled “An act to remove certainVol, 23, chap. 121, p. 56, amended. burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes,” approved June twenty-six, eighteen hundred and eighty-four, be amended by striking out the words “That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages which he may earn to his wife, mother, or other relative, but to no other person or Allotment of seamen’s wages to relatives, or for just debt.corporation”, and inserting in lieu thereof the following:
“That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of all or any portion of the wages which he may earn to his wife, mother, or other relative, or to an original creditor in liquidation of any just debt for board or clothing which he may have contracted prior to engagement, not exceeding ten dollars per month for each month of the time usually required for the voyage for which the seaman has shipped,'under such regulations as the Secretary of the Treasury may prescribe, but no allotment to any other person or corporation shall be lawful.
” And said section ten is further amended by striking out all of the last paragraph after the words “vessels of the United States,” Penalty for violation the same for master, etc., of foreign as for United States vessel.and inserting in lieu of such words stricken out the following: “And any master, owner, consignee, or agent of any foreign vessel who has violated this section shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for a similar violation.
” Sec. 4. That section forty-two hundred and eighty-nine of the RevisedR. S., 4289, p. 827, amended. Statutes be amended so as to read as follows: " “Sec. 4289. The provisions of the seven preceding sections, and ofVol. 23, chap. 121, p. 57, amended. section eighteen of an act entitled ‘An act to remove certain burdens on the American merchant marine and encourage the American foreign 81 carrying-trade, and for other purposes,’ approved June twenty-sixth, eighteen hundred and eighty-four, relating to the limitations of theLiability of owners extended to all vessels. liability of the owners of vessels, shall apply to all sea going vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canal-boats, barges, and lighters.
” " Sec. 5. That section forty-one hundred and fifty-three of the RevisedR. S., sec. 4153, p. 801, amended. Statutes be amended by striking out the last sentence of the last paragraph, and inserting instead the following: “In every vessel documented as a vessel of the United States the number denoting her netNet tonnage to be permanently marked. tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if the number at any time cease to be continued, such vessel shall be subject to a fine ofPenalty for failure. thirty dollars on every arrival in a port of the United States if she have not her tonnage number legally carved or permanently marked.
” Sec. 6, That from the close of section forty-one hundred and seventy-sevenR. S., sec. 4177, p. 805, amended. Penalty for failure to have number permanently marked. of said statutes the following words shall be stricken out, to wit: “Such vessel shall be no longer recognized as a vessel of the United States and in lieu thereof there shall be inserted the words following: “Such vessel shall be liable to a fine of thirty dollars on every arrival in a port of the United States if she have not her proper official number legally carved or permanently marked.
” Sec. 7. Every vessel of twenty tons or upwards, entitled to be documentedPenalty for trading without license. as a vessel of the United States, other than registered vessels, found trading between district and district, or between different places in the same district, or carrying on the fishery, without being enrolled and licensed, and every vessel of less than twenty tons and not less than five tons burden found trading or carrying on the fishery as aforesaid without a license obtained as provided by this title, shall be liableR.
S., sec. 4371, p. 845. to a fine of thirty dollars at every port of arrival without such enrollment or license. But if the license shall have expired while the vessel was at sea, and there shall have been no opportunity to renew such license, then said fine of thirty dollars shall not be incurred. And so much of section four thousand three hundred and seventy-one of the Revised Statutes as relates to vessels entitled to be documented as vessels of the United States is hereby repealed.
Sec. 8. That foreign vessels found transporting passengers betweenPenalty for carrying passengers between United States ports on foreign vessels. Secretary of the Treasury may remit fines. places or ports in the United States, when such passengers have been taken on board in the United States, shall be liable to a fine of two dollars for every passenger landed. Sec. 9. That the fines imposed by sections five, six, seven, and eight of this act shall be subject to remission or mitigation by the Secretary of the Treasury when the offense was not wilfully committed, under such regulations and methods of ascertaining the facts as may seem to him advisable.
Sec. 10. That the provision of Schedule N of “Au act to reduceDrawback on bituminous coal to apply only to United States vessels. Vol. 22, p. 511. internal-revenue taxation, and for other purposes,” approved March third, eighteen hundred and eighty-three, allowing a drawback on imported bituminous coal used for fuel on vessels propelled by steam, shall be construed to apply only to vessels of the United States. Sec. 11. That section fourteen of “An act to remove certain burdens on the American merchant marine and encourage the American foreignVol. 23, chap. 121, p. 57, amended. carrying-trade, and for other purposes,” approved June twenty-sixth, eighteen hundred and eighty-four, be amended so as to read as follows:
" “Sec. 14. That in lieu of the tax on tonnage of thirty cents per ton per annum imposed prior to July first, eighteen hundred and eighty-four,Tonnage tax. a duty of three cents per ton, not to exceed in the aggregate fifteen cents per ton in any one year, is hereby imposed at each entry on all vessels which shall be entered in any port of the United States from any foreign port or place in North America, Central America, the West IndiaCoast of South America on Caribbean Sea included.
Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering on the Caribbean Sea, or the Sandwich Islands, or Newfoundland; and a duty of six cents per ton, not to exceed thirty 82 cents per ton per annum, is hereby imposed at each entry upon all vesselsVessels in distress, or not trading, exempt. which shall be entered in the United States from any other foreign ports, not, however, to include vessels in distress or not engaged in *Proviso*. President to suspend collection of duty in excess of charges of foreign port.trade: *Provided*, That the President of the United States shall suspend the collection of so much of the duty herein imposed, on vessels entered from any foreign port, as may be in excess of the tonnage and light-house dues, or other equivalent tax or taxes, imposed in said port on American vessels by the Government of the foreign country in which such port is situated, and shall, upon the passage of this act, and from time to time thereafter as often as it may become necessary by reason of changes in the laws of the foreign countries above mentioned, indicate by proclamation the ports to which such suspension shall apply, and the rate or rates of tonnage-duty, if any, to be Vessels of foreign country imposing higher fees on United States vessels than on its own excluded.collected under such suspension: *Provided, further*, That such proclamation shall exclude from the benefits of the suspension herein authorized the vessels of any foreign country in whose ports the fees or dues of any kind or nature imposed on vessels of the United States, or the import or export duties on their cargoes, are in excess of the fees, dues, or duties imposed on the vessels of the country in which such port R.
S., secs. 4223, p. 813, and 4224, p. 814, repealed. R. S., sec. 4219, p. 813. President to invite foreign Governments to abolish tonnage, etc., dues, and other fees.is situated, or on the cargoes of such vessels; and sections forty-two hundred and twenty-three and forty-two hundred and twenty-four, and so much of section forty-two hundred and nineteen of the Revised Statutes as conflicts with this section, are hereby repealed.” " Sec. 12. That the President be, and hereby is, directed to cause the Governments of foreign countries which, at any of their ports, impose on American vessels a tonnage-tax or light-house dues, or other equivalent tax or taxes, or any other fees, charges, or dues, to be informed of the provisions of the preceding section, and invited to cooperate with the Government of the United States in abolishing all light-house dues, tonnage-taxes, or other equivalent tax or taxes on, and also all other fees for official services to, the vessels of the respective nations employed in the trade between the ports of such foreign country and the ports of the United States.
Sec. 13. That section eleven of “An act to remove certain burdensWhaling or fishing vessels not to provide slop chest, etc. Vol. 23, p. 56. on the American merchant marine and encourage the American foreign carrying-trade, and for other purposes,” approved June twenty-sixth, eighteen hundred and eighty-four, shall not be construed to apply to vessels engaged in the whaling or fishing business. Sec. 14. That section forty-four hundred and eighteen of the RevisedSteam gauges. R.
S., sec. 4418, p. 856, amended. Statutes is hereby amended by striking out from the nineteenth and following lines thereof the words “and, to indicate the pressure of steam, suitable steam-registers that will correctly record each excess of steam carried above the prescribed limit, and the highest point attained,” and inserting in lieu thereof the following: “and suitable steam gauges to indicate the pressure of steam.” Sec. 15. That the provisions of sections twenty-five hundred and tenImportation of materials for construction, repair, etc., of vessels in bond, extended to whaling and fishing vessels.
Vol. 22, p. 523. and twenty-five hundred and eleven of the Revised Statutes, as the sections of Title thirty three are numbered in “An act to reduce internal revenue taxation and for other purposes,” approved March third, eighteen hundred and eighty-three, and the provisions of section sixteen of “An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying-trade, and for Vol. 23, p. 57.other purposes,” approved June twenty-sixth, eighteen hundred and eighty-four, shall apply to the construction, equipment, repairs, and supplies of vessels of the United States employed in the fisheries or in the whaling business, in the same manner as to vessels of the United States engaged in the foreign trade.
Sec. 16. That rule twelve of section forty-two hundred and thirty-threeLights not required on rowboats and skiffs on Saint Lawrence River. R. S., sec. 4233, p. 817. of the Revised Statutes shall be so construed as not to require rowboats and skiffs upon the river Saint Lawrence to carry lights. Sec. 17. That whenever any foreign country whose vessels have been placed on the same footing in the ports of the United States as Amer- 83 ican vessels (the coastwise trade excepted) shall deny to any vessels of the United States any of the commercial privileges accorded to national vessels in the harbors, ports, or waters of such foreign country, the President, on receiving satisfactory information of the continuance ofPresident may suspend commercial privileges to vessels of country denying the same to United States vessels. such discriminations against any vessels of the United States, is hereby authorized to issue his proclamation excluding, on and after such time as he may indicate, from the exercise of such commercial privileges in the ports of the United States as are denied to American vessels in the ports of such foreign country, all vessels of such foreign country of a similar character to the vessels of the United States thus discriminated against, and suspending such concessions previously granted to the vessels of such country; and on and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vesselPenalty for violation. of such foreign country excluded by said proclamation from the exercise of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States; and any person opposing any officer of the United States in the enforcement of this act, or aiding and abetting any other person in such opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years.
Sec. 18. Section nine of “An act to remove certain burdens on theVol. 23, chap. 121, p. 55, amended. American merchant marine and encourage the American foreign carrying-trade, and for other purposes,” approved June twenty-sixth, eighteen hundred and eighty-four, is hereby amended in the eighth line by inserting after the words “and the consular officer” the following: “WhenPare for returning destitute seamen. the transportation is by a sailing vessel; and the regular steerage passenger rate, not to exceed two cents per mile, when the transportation is by steamer.
” And the said section is further amended by adding atNeed not take infected person. the end the following: “or to take any seaman having a contagious disease.” Approved, June 19, 1886.