REFERENCES FOR GENERAL READING
Shipping and Admiralty, Parsons, Vol. I, Chapter III.
Commentaries, Kent, III, Lecture XLV.
Sales, Benjamin (2d Am. ed.), §§ 336-339.
White's Bank v. Smith, 7 Wall. 646.
Fleming v. Fire Assoc., 147 Mich. 404.
U. S. v. Forester, Newb. Adm. 81.
John Jay, 17 How. 399.
Admiralty, Benedict, § 158.
Huus v. S. S. Co., 182 U. S. 392.
[2] Rev. St., § 4170, is as follows:
"Whenever any vessel, which has been registered, is, in whole or in part, sold or transferred to a citizen of the United States, or is altered in form or burden, by being lengthened or built upon, or from one denomination to another, by the mode or method of rigging or fitting, the vessel shall be registered anew, by her former name, according to the directions hereinbefore contained, otherwise she shall cease to be deemed a vessel of the United States. The former certificate of registry of such vessel shall be delivered up to the collector to whom application for such new registry is made, at the time that the same is made, to be by him transmitted to the Register of the Treasury who shall cause the same to be canceled. In every such case of sale or transfer there shall be some instrument of writing, in the nature of a bill of sale, which shall recite at length, the certificate; otherwise the vessel shall be incapable of being so registered anew."
This is discussed in § 10, infra, this chapter.
[3] The exceptions are foreign-built vessels purchased from the United States Shipping Board and foreign-built wrecks repaired in the United States as indicated in § 6, supra, this chapter. Also all foreign-built vessels admitted to American Registry, owned on February 1, 1920, by citizens so long as they continue to be so owned.
[4] While a vessel is part of the territory of her home jurisdiction for jurisdictional purposes, the doctrine of her territoriality does not extend to treating her as part of the soil for all purposes. Thus the Supreme Court has held that foreign seamen brought to the United States to work on an American ship engaged in foreign commerce, were not engaged "to perform labor within the United States" within the meaning of the contract labor law. (Scharrenberg v. Dollar S. S. Co., 245 U. S. 122.)