Chapter XXVII. to provide for recording the Conveyances of Vessels, and for other Purposes
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Chap. XXVII.— An Act to provide for recording the Conveyances of Vessels, and for other Purposes.July 29, 1850. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That no bill of sale, No bill of sale, &c., to be valid except as against grantors, &c., unless recorded in the office of the collector of customs where the vessel is registered or enrolled. Proviso as to lien by bottomry. 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 be recorded in the office of the collector of the customs where such vessel is registered or enrolled: *Provided,* That the lien by bottomry on any vessel created during her voyage, by a loan of money or materials, necessary to repair or enable such vessel to prosecute a voyage, shall not lose its priority, or be in any way affected by the provisions of this act.
Sec. 2. *And be it further enacted,* That the collectors of the customs Collectors of the customs shall record all bills of sale, &c., and shall receive therefor a fee of fifty cents. shall record all such bills of sale, mortgages, hypothecations, or conveyances, and, also, all certificates for discharging and cancelling any such conveyances, in a book or books to be kept for that purpose, in the order of their reception; noting in said book or 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.
Sec. 3. *And be it further enacted,* That the collectors of the customs An index of records, &c., to be made out for the convenience of those concerned, and the collectors to receive a fee of one dollar for furnishing each certificate of facts from said index. shall keep an index of such records, inserting alphabetically the 441THIRTY-FIRST CONGRESS. Sess. I. Ch. 28. 1850. names of the vendor or mortgagor, and of the vendee or mortgagee, and shall permit said index and books of records to be inspected during office hours, 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.
Sec. 4. *And be it further enacted,* That the collectors of the customs Collectors to furnish certified copies. shall furnish certified copies of such records on the receipt of fifty cents for each bill of sale, mortgage, or other conveyance. Sec. 5. *And be it further enacted,* That the owner, or agent of the In addition to the oath now taken, the ownership or part ownership to be sworn to and inserted in the register. Bills of sale to recite parts owned and sold. owner of any vessel of the United States, applying to a collector of the customs for a register or enrollment of a vessel, shall, in addition to the oath now prescribed by law, set forth, in the oath of ownership, the part or proportion of such vessel belonging to each owner, and the same shall be inserted in the register of enrollment; and that 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.
Sec. 6. *And be it further enacted,* That the twelfth clause or section Amendment of the act of 1840, ch. 48. of the act entitled “An Act in addition to the several acts regulating the shipment and discharge of seamen, and the duties of consuls,” approved July twentieth, eighteen hundred and forty, be so amended, as that all complaints in writing to the consuls or commercial agents as Complaints for unseaworthiness. therein provided, that a vessel is unseaworthy, shall be signed by the first, or the second and third officers, and a majority of the crew, before the consul or commercial agent shall be authorized to notice such complaint, or proceed to appoint inspectors as therein provided.
Sec. 7. *And be it further enacted,* That any person, not being an Willfully destroying a vessel at sea by burning, or otherwise, a penal offence. owner, who shall, on the high seas, wilfully, with intent to burn or destroy, set fire to any ship or other vessel, or otherwise attempt the destruction of such ship or other vessel, being the property of any citizen or citizens of the United States, or procure the same to be done, with the intent aforesaid, and being thereof lawfully convicted, shall suffer imprisonment to hard labor, for a term not exceeding ten years, nor less than three years, according to the aggravation of the offence.
Sec. 8. *And be it further enacted,* That this act shall be in force To be in force from and after Oct. 1st, 1850. from and after the first day of October next ensuing. Approved, July 29, 1850.