Title. Bill of sale. Registry. Enrolment. License. Documents. Certificate. Passport. Sea-letter. List of crew. Bill of health. General clearance. Clearing manifest. Invoice. Bill of lading. Charter-party. Log-book. Manifest. List of passengers and crew. Remaining sea-stores. Medicine-chest. Provisions.
Title.—The bill of sale is the proper evidence of title to all vessels. It is the instrument of transfer which is used in all maritime countries, which courts of law look to for proof of title, and which is in most cases absolutely required.[ [6]
Possession of the vessel should also accompany the bill of sale, whenever it is practicable. If the bill of sale is transferred while the vessel is at sea, possession should be taken immediately upon her arrival in port. The fact of the bill of sale being with one person and the actual possession of the vessel with another, after there has been an opportunity to transfer it, will raise a presumption of fraud, and make the parties liable to losses and difficulties in dealing with creditors, and such as purchase in good faith.[ [7]
Registry, Enrolment, and License.—The laws of the United States have given many privileges to vessels built, owned and commanded by our own citizens. Such vessels are entitled to be registered, enrolled or licensed, according to circumstances, and are thereupon considered "vessels of the United States, entitled to the benefits and privileges appertaining to such ships." The only vessels entitled to a register are those built in the United States and owned wholly by citizens thereof; vessels captured in war by our citizens, and condemned as prizes; and vessels adjudged to be forfeited for breach of the laws of the United States, being wholly owned by such citizens. No owner is compelled to register his vessel, but unless registered (with the exception of those enrolled and licensed in the coasting and fishing trades) she is not entitled to the privileges and benefits of a "vessel of the United States," although she be built, owned and commanded by citizens thereof.[ [8]
Vessels employed wholly in the whale-fishery, owned by an incorporated company, may be registered, so long as they shall be wholly employed therein.[ [9] If not so owned and registered, they must be enrolled and licensed.[ [10]
The name of every registered vessel, and the port to which she belongs, must be painted on her stern, on a black ground, in white letters, of not less than three inches in length. And if any registered vessel is found without her name and the name of her port so painted, the owners thereof forfeit fifty dollars.[ [11]
In order to the obtaining of a register, oath must be made that the master is a citizen of the United States.[ [12] If the master of a registered vessel is changed, or if the vessel's name is altered, such fact must be endorsed upon the register at the custom-house, otherwise she will cease to be considered a vessel of the United States.[ [13]
If any certificate of registry is fraudulently or knowingly used for any ship or vessel not at the time entitled to it, such ship or vessel, with her tackle, apparel and furniture, shall be forfeited to the United States.[ [14] If an enrolled or licensed vessel is about to proceed on a foreign voyage, she must surrender her enrolment and license, and take out a register, or she, together with her cargo, will be liable to forfeiture.[ [15] In case of the loss of a register, the master may make oath to the fact, and obtain a new one.
All vessels engaged in the coasting and fishing trades, above twenty tons' burden, in order to be entitled to the privileges of vessels of the United States in those trades, must be enrolled and licensed; and if less than twenty tons, must be licensed.[ [16] The same qualifications and requisites in all respects are demanded in order to the enrolling and licensing of a vessel, which are required for registering.[ [17] The name must be painted on the stern in the same manner, under penalty of $20.[ [18]
If any vessel licensed for the fisheries engages in any other business not expressly allowed by the license, she is forfeited.[ [19] Vessels, however, licensed for the mackerel trade are not forfeited in consequence of having been engaged in catching cod, or other fish; but they are not entitled to the bounty allowed to vessels in the cod fisheries.[ [20] The officers and at least three fourths of the crew of every fishing vessel must be American citizens, or they can recover none of the bounties.[ [21]