Page:United States Statutes at Large Volume 41 Part 1.djvu/1024

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SIXTY-SIXTH CONGRESS. Sess. II. Ch. 250. 1920. 1003 setting forth the names of the owners of any vessel, the interest held by each owner, and the material facts as to any bill of sale or conveyance of, any mortgage covering, or any hen or other incumbrance upon, a specified vessel,_ (2) a certified copy of any bill of sale, conveyanw, mortgage, notice of claim of l1en, or certificate of dischar e in respect to suc vessel, or (lizzie. certified copy as required by subdivision (c) of subsection H. e collector of customs shall eggs agar r¤<¤<>¤1i¤z. collect a fee for any bill of sale, conveyance, or mortgage recorded, p ' or any certificate or certified copy furmshed, by him, m the amount of 20 cents a. folio with a minimum charge of_$1.00. All such fees shall be covered into the Treastuy of the United States as miscellaneous receipts. PENALTIES. P€D2.ltlBS. Subsection J. (a) If the master of the vessel willfully fails to ex- b.,I‘.§§$,‘F§,,‘2{ hibit the documents of the vessel or the copgr of any preferred mort- ;*gcf¤‘*“’** d°°“m¤¤"· gage thereof, as required by subsection E, the board of local inspectors of vessels having jurisdiction of the license of the master, may suspend or cancel such license, subject to the provisions of "An Act V°*-·“’»P·°°”· to provide for ap eals from decision of boards of local inspectors of vessels and for other urposes," approved Jrme 10, 1918. _ (b) A mortgagor vgio, with intent to defraud, violates any pro- h ,f,§Q*{’,§‘,§g’,§‘, vision of subsection F, and if the mortglagor is a corporation or asso- debts. me by mortciation, the president or other princip executive officer of the cor- g°“°" poration or association, shall upon conviction thereof be held guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than 2 yeam, or both. The mortgaged indebtednas shall thereupon become immediately due and payable at the election of the mortgagee. on mb (c) If any person enters into any contract secured by, or ugon the eme."°t°°°° credit of, a vessel of the United States covered by a preferre mort- ,,,§‘§§,‘2f',.‘,§',;,,{§’,'gf§'Q,,$ gage, and suffers pecuniary loss by reason of the failure of the collector ¤<>¤¤¤¤¤¤<>v<·¤¤i bvof customs, or any officer, cmp oyee, or agent thereof, properly to perform any duty required of the collector under the provisions of plus (section, the pgllector of cuptonzsilshall begiable to such person of or amages m e amount o su oss. I an such rson is “‘°""¥,°'· caused any such loss by reason of the failure of the mortgcagor, or i;i w th master of the mortgaged vessel, or any officer, emplo ee, or agent thereof, to comply with any grovision of subsection lg or F or to file an affidavit as rel<Lul1red y subdivision (a) of subsection D, correct in each partic thereof, the mortgagor shall be liable to such person for in the amount of such loss. The district ,,,{,}‘,,‘f"“°“°“ °' courts of the United tates are given gurisdiction (but not to the exclusion of the courts of the several tates, Territories, Districts, or possessions) of suits for the recovery of such damages, irrespective of the amormt mvolved in the suit or the citizenship of the parties thereto. Such suit shall be begun b personal service upon the S°"'°°'°*°‘ defendant within the limits of the district. U n judgment for the plaintiff in any such suit, the court shall includ: in the judgment an additional amount for costs of the action and a reasonable coun- Sel's fee, to be Hxed by the court. FORECLOSUBE or rnnrnnrrnn Monrcacrzs. ;,1:§§°§{m P"' Subsection K. A preferred mortgage shall constitute a lien 115011 the E“’°'°°'“°m °‘u°”‘ mortgaged vessel in the amount of the outstanding mortage in ebtedness secured by such vessel. Upon the default of any term or condition Of the m01‘tgage, such lien may be enforced b the I1101‘tg8.g<-B6 _ _ _ by suit in rem in admiralty. Original jurisdiction olTall such suits is m§3‘§i“i—i;§e,jfl§‘g"(l',$f granted to the district courts of the Lnited States exclusively. In