Chapter 235. To establish home ports of vessels of the United States, to validate documents relating to such vessels, and for other purposes
639 words·~3 min read·
/statutes-at-large/vol-43/chapter-235-3982177·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 235.— An Act To establish home ports of vessels of the United States, to validate documents relating to such vessels, and for other purposes. February 16, 1925.[[S. 4162](/us/bill/68/s/4162).][[Public, No 420](/us/pl/68/420).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Shipping.Home port in United States to be fixed by owner of American vessel.Vol. 41, p. 1000. That for the purposes of the navigation laws of the United States and of the Ship Mortgage Act, 1920, otherwise known as section 30 of the Merchant Marine Act. 1920, every vessel of the United States shall have a “home port” in the United States, including Alaska, Hawaii, and948 Porto Rico, which port the owner of such vessel, subject to the approval of the Commissioner of Navigation of the Department of Commerce, shall specifically fix and determine, and subject to suchVessel’s documents to show. approval may from time to time change.
Such home port shall be shown in the register, enrollment and license, or license of suchPresent home port recognized. vessel, which documents, respectively, are hereinafter referred to as the vessel’s document. The home port shown in the document of any vessel of the United States in force at the time of the approval of this Act shall be deemed to have been fixed and determined[R. S., sec. 4141, p. 796](/us/rs/s4141/p796), amended. in accordance with the provisions hereof. Section 4141 of the Revised Statutes is hereby amended to conform herewith.
Sec. 2. No bill of sale, assignment, etc., valid until recorded by collector of customs at home port. No bill of sale, conveyance, mortgage, assignment of mortgage, or hypothecation (except bottomry), which includes a vessel of the United States or any portion thereof shall be valid in respect to such vessel against any person other than the grantor or mortgagor, his heirs or devisees, and any person having actual notice thereof, until such bill of sale, conveyance, mortgage, assignment of mortgage, or hypothecation is recorded in the office of the collectorBills of sale, etc., to be recorded at home port of new document. of customs at the home port of such vessel.
Any bill of sale or conveyance of the whole or any part of a vessel shall be recorded at the home port of such vessel as shown in her new document. Sec. 3. Prior conveyances, etc., declared valid if documented at proper port. All conveyances and mortgages of any vessel or any part thereof, and all documentations, recordations, indorsements, and indexing thereof, and proceedings incidental thereto heretofore made or done, are hereby declared valid to the extent they would have been valid if the port or ports at which said vessel has in fact been documented from time to time had been the port or ports at whichRetroactive effect. it should have been documented in accordance with law; and this section is hereby declared retroactive so as to accomplish such validation:*Proviso*.No vested right impaired.Port of documentation deemed home port.Vol. 41, p. 1000. *Provided*, That nothing herein contained shall be construed to deprive any person of any vested right.
Sec. 4. Wherever in the Ship Mortgage Act, 1920, otherwise known as section 30 of the Merchant Marine Act, 1920, the words “port of documentation ” are used they shall be deemed to mean the “home port ” of the vessel, except that the words “port of documentation ” shall not include a port in which a temporary document is issued. Sec. 5. Navigation laws and Ship Mortgage Act amended to conform herewith.Vol. 41, p. 1000. All such provisions of the Navigation Laws of the United States and of the Snip Mortgage Act, 1920, otherwise known as section 30 of the Merchant Marine Act, 1920, as are in conflict with this Act are hereby amended to conform herewith.
Approved, February 16, 1925.