SEC. 117. Collectors of customs may issue a certificate of protection entitling the vessel to which it is issued to the protection and flag of the United States in all ports and on the high seas, if the vessel is owned by—
(a) A citizen of the United States residing in the Philippine Islands;
(b) A native inhabitant of the Philippine Islands, upon taking the oath of allegiance to the United States;
(c) A resident of the Philippine Islands before April eleventh, eighteen hundred and ninety-nine, hitherto a subject of Spain, upon abjuring his allegiance to the Crown of Spain and taking the oath of allegiance to the United States.
SEC. 118. The master and the watch officers of a vessel to which a certificate of protection is issued shall he citizens of the United States, or shall take the oath of allegiance to the United States, provided that the Civil Governor of the Philippine Islands may, in his discretion, in special cases waive this requirement in whole or in part.
SEC. 119. Such certificate of protect ion shall entitle the vessel to the same privileges and subject it to the same disabilities as are prescribed in Article XX of the Consular Regulations of the United States of eighteen hundred and ninety-six,* for American or foreign-built vessels transferred abroad to citizens of the United States.
SEC. 120. The form and manner of the issue of certificates of protection provided for in this Act shall be as follows:
"Form:
"Certificate No. ..............................
"Port of .........................., Philippine Islands.
"THE UNITED STATES OF AMERICA,
"PHILIPPINE ISLANDS.
"CERTIFICATE OP PROTECTION.
"In pursuance of Executive Order, approved July third, eighteen hundred and ninety-nine, by the President of the United States.
"........................................... (Name of owner), residing at (place of residence), Philippine Islands, ceded to the United States by Spain on April eleventh, eighteen hundred and ninety-nine, having sworn (allegiance to the United States) (that he is a citizen of the United States), and having sworn that he is the owner of the vessel called the ............................ (name of vessel), and that said vessel was built in the year .................... at ....................... (place of build), and that said vessel is a ...................... (rig of vessel) of .................... gross tons and ..................... net tons, and that said vessel has .................... decks and ........................ masts, and that her length is ........................, her breadth ................................., and her depth ................................; and that said vessel is engaged in legitimate trade.
"Therefore said vessel is by this certificate entitled to the protection and flag of the United States.
"Given under my hand at the port of ................................ Philippine Islands, this ................. day of ...................., in the year one thousand ........................... hundred and .........................
"(SEAL.)
........................................
"Collector of Customs.
"CERTIFICATE OF OWNERSHIP.
"I ........................................., collector of customs for the port of ..............................., Philippine Islands, do hereby certify that the within bill of sale, bearing date the ................... day of ..................... of the ................................. vessel, called the ................................, of ............................... gross tons and ............................. net tons, sold and transferred by .............................. to ........................... who (has sworn allegiance to the United States) (is a citizen of the United States), has been proved satisfactorily to me to have been duly executed: and I further certify that ................................., herein mentioned as the purchase of said vessel, is a (citizen of the United States) (native inhabitant of the Philippine Islands, and has taken the oath of allegiance to the United States) (on April eleventh, eighteen hundred and ninety-nine, was a Spanish subject, native of the Peninsula, resident of the Philippines, and has taken he oath of allegiance to the United States).
............................................
"Collector of Customs.
"Date .................................."
SEC. 121. Officers of the customs will distinguish on their books the following classes of vessels in the Philippine Islands entitled to the flag and protection of the United States:
1. Vessels owned on or before April eleventh, eighteen hundred and ninety-nine, by American citizens.
2. Vessels owned on or before April eleventh, eighteen hundred and ninety-nine, by native inhabitants.
3. Vessels owned on or before April eleventh, eighteen hundred and ninety-nine, by Spanish subjects, natives of the Peninsula, resident in the Philippine Islands before that date.
4. Vessels acquired since April eleventh, eighteen hundred and ninety-nine, by American citizens.
5. Vessels acquired since April eleventh, eighteen hundred and ninety-nine, by native inhabitants.
6. Vessels acquired since April eleventh, eighteen hundred and ninety-nine, by Spanish subjects, natives of the Peninsula, resident in the Philippine Islands before that date.
CLASSIFICATION OF VESSELS.
Class (a).
SEC. 122. Vessels of class (a) will have been acquired by purchase by American citizens.
In such cases, before issuing a certificate, the officer of the customs shall require satisfactory proof that the applicant is a citizen of the United States. He shall also require the applicant to make oath of his citizenship and of the manner in which it was acquired.
He shall require the applicant to produce the bill of sale, with a copy of the same.
He shall satisfy himself that the sale is made in good faith, and if he is satisfied that the sale is fictitious or is for the purpose of securing the protection and use of the flag of the United States for a vessel owned by one who is not a citizen or does not intend to remain in allegiance to the United States, he shall refuse to grant the certificate.
If satisfied of the citizenship of the applicant and of the bona fides of the sale, he shall file the oath of citizenship and the copy of the bill of sale. He shall make record of the original bill of sale in his office, authenticate its execution, and deliver to the purchaser a certificate to that effect, certifying also that the owner is a citizen of the United States.
Class (b).
SEC. 123. Vessels of class (b) will be such as were owned by native inhabitants of the Philippine Islands before the Islands were ceded to the United States on April eleventh, eighteen hundred and ninety-nine, or such as may have been or may be acquired by purchase since that date by such inhabitants.
In both such cases, before issuing a certificate the officer of the customs shall require satisfactory proof that the applicant was a native inhabitant of the Philippine Islands on April eleventh, eighteen hundred and ninety-nine, and shall require him to take oath of allegiance to the United States in the presence of witnesses, native inhabitants of the Islands.
In the case of a vessel purchased since April eleventh, eighteen hundred and ninety-nine, by a native inhabitant, he shall require the applicant to produce the bill of sale, with a copy of the same, and proceed as prescribed in the case of the sale of a vessel to an American citizen, satisfying himself of and certifying to the oath of allegiance, instead of the citizenship of the applicant.
Class (c).
SEC. 124. Vessels of class (c) will be such as were owned by Spanish subjects, natives of the Peninsula, residents of the Philippine Islands before April eleventh, eighteen hundred and ninety-nine, who have taken the oath of allegiance to the United States, or such as may have been or may be acquired by purchase since that date by such Spanish subjects.
In both such cases, before issuing certificate the officer of the customs shall require satisfactory proof that the applicant was a Spanish subject, native of the Peninsula, and resident of the Philippine Islands before April eleventh, eighteen hundred and ninety-nine, and that he has taken the oath of allegiance to the United States in the presence of witnesses.
In the case of a vessel owned by a Spanish subject before April eleventh, eighteen hundred and ninety-nine, native of the Peninsula, the officer of the customs shall proceed as in the case of a vessel owned by a native inhabitant before April eleventh, eighteen hundred and ninety-nine.
In case of a vessel purchased since April eleventh, eighteen hundred and ninety-nine, by a Spanish subject, he shall require the applicant to produce the bill of sale, with a copy of the same, and proceed as prescribed in the case of the sale of a vessel to an American citizen, satisfying himself of and certifying to the oath of allegiance, instead of the citizenship of the applicant.
SEC. 125. Before issuing the certificate, the officer of the customs shall require the gross and net tonnage of the vessel to be ascertained, and shall insert the same in the description of the vessel in; the certificate from the foreign registers or other marine documents under which vessels have hitherto been navigating.
SEC. 126. Before issuing the certificate the officer of the customs; shall require the master and the watch officers of the vessel to take the oath of allegiance to the United States.
Evidence that the master or any of the watch officers is a citizen of the United States will be accepted in lieu of such oath on the part of said master or watch officer.
Officers of the customs shall, wherever practicable, afford opportunities For the crew of a vessel to which a certificate has been issued, to take the oath of allegiance to the United States.
SEC. 127. The Insular Collector is authorized at any time, upon it appearing to him that any certificate of protection issued under these regulations or under preceding ones, or any certificate of American ownership heretofore issued by a consul of the United States in the Philippine Islands, was illegally and improperly issued, to cancel the same, and the vessel for which such certificate was issued shall thereupon no longer be entitled to the protection and flag of the United States. He shall report action in each case, through the usual official channels, to the Secretary of War.
SEC. 128. The officer of the customs shall not issue a certificate until he is satisfied by inspection that the vessel is engaged in legitimate trade; and the officer of the customs may at any time direct any examination of the owner, master, crew, passengers, cargo, or vessel which he may deem necessary to satisfy himself that the vessel is in the legitimate trade, and is entitled to the certificate.
SEC. 129. The officer of the customs to whom the master of a vessel under the certificate herein provided may apply for a clearance to a foreign port, shall advise the master of his duty to report to the United States consul at that port if there be one.
SEC. 130. Should any vessel for which a certificate is issued desire clearance to the United States the proper officer of the customs shall advise the owner or master of the provisions of sections twenty-four hundred and ninety-seven, forty-two hundred and nineteen, and forty-two hundred and twenty-five, of the Revised Statutes of the United States.*
SEC. 131. Each certificate of protection shall be signed by the Insular Collector. It shall also be signed by the collector of customs who issues it. A copy of such certificate shall be transmitted as soon as practicable by the collector of customs issuing it to the Insular Collector.
SEC. 132. As soon as practicable after the close of each month, the Insular Collector shall transmit to the Secretary of War an abstract of all certificates issued during the preceding month. Such abstract shall recite the following particulars:
(1) Name of vessel.
(2) Rig of vessel.
(3) Gross tonnage.
(4) Net tonnage.
(5) Where built.
(6) Year when built.
(7) Name of owner.
(8) Residence of owner.
(9) Description of owner—whether American citizen, native inhabitant, or Spanish subject, native of the Peninsula and resident of the Philippine Islands on April eleventh, eighteen hundred and ninety-nine.
(10) Date of issue of certificate.
(11) Owner of vessel on April eleventh, eighteen hundred and ninety-nine, or note that the ownership is unchanged, if the owner on that date is the same as the owner to whom the certificate is granted.
(12) If the ownership has changed, statement whether the owner on April eleventh, eighteen hundred and ninety-nine, was an American citizen, or a native inhabitant, or a Spanish subject, native of the Peninsula and resident, of the Philippine Islands on that date.
(13) Name of former owner, in case of vessel acquired by purchase.
(14) Residence of former owner.
(15) Nationality of vessel before issue of certificate.
SEC. 133. The right to engage in the coastwise trade of the Philippine Archipelago is limited to vessels possessing the certificate of protection hereinbefore described, which have also been granted the license hereinafter described.
SEC. 134. The coastwise trade shall be under the general control and supervision of the Insular Collector, and under the direct supervision of collectors of customs at the subports of entry within their respective collection districts.
SEC. 135. All vessels of the class designated in section one hundred and seventeen of this Act shall, prior to engaging in the coastwise trade, and annually thereafter, take out a license therefor. This license shall he issued by the collectors of customs at the ports of entry, and for each license issued a fee of one dollar for each ton of registered tonnage of the vessel shall be charged. But two forms of license will be issued the first for vessels engaged in the general trade of the Archipelago, and the second for vessels or small craft trading only within a particular section of the Islands. Vessels having the first form of license will he required to pay fees prescribed by Chapter Twenty-two of this Act. Vessels having the second form of this license will he exempt from this requirement.
SEC. 136. The master of every vessel licensed for carrying on the coasting trade shall, previous to the departure of such vessel from the port where she may then he, make out and subscribe duplicate manifests of the whole of the cargo on board such vessel, specifying in such manifests the marks and numbers of packages, and the names of the respective consignees, he shall deliver such manifest to the collector or other customs official duly authorized, before whom he shall swear to the best, of his knowledge and belief that the goods therein contained, if foreign, were imported legally and that the duties thereon have been paid or secured. Thereupon the said collector or customs official shall certify the same on the manifests, one of which he shall return to Hie master with a permit specifying thereon, generally, the lading on hoard such vessel, and authorizing him to proceed to his port of destination, retaining the duplicate.
If any vessel, being laden, and destined as mentioned in this section, shall depart from the port where she may then be without the master having first made out and submitted duplicate manifests of the lading on board such vessel in the form and manner prescribed herein, such master shall be liable to a penalty of not more than one hundred dollars nor less than five dollars, or one dollar per net ton, in the discretion of the collector.
SEC. 137. The master of every vessel licensed for carrying on coasting trade shall, previous to the unlading of any part of the cargo of such vessel, deliver to the collector of customs or other customs official residing at the port of unlading or, if there be none such, to the collector of customs or other customs official residing within five miles thereof by navigable water, the manifest of the cargo certified by the collector of customs or other customs official of the port from whence she sailed. Thereupon the collector of customs or other customs official shall grant a permit for unlading a part or the whole of such cargo as the master or commander may request. If there is no collector of customs or other customs official residing at or within five miles by navigable water of the port of her arrival, the master of the vessel may proceed to discharge the lading from on board such vessel, provided he has received permission from competent authority at the port of sailing to enter and discharge cargo at such port, and shall deliver to the collector of customs or other customs official residing in the first port where he may next afterwards arrive, and within twenty-four hours after his arrival, the manifest showing his authority to enter the closed port, and noting thereon the times and places where the goods therein mentioned have been unladen, which manifest shall be sworn to before the last-mentioned collector of customs or other customs official.
If the master of such vessel mentioned in this section shall neglect or refuse to deliver said manifest at the time and in the manner directed, he shall be liable to a penalty of not more than one hundred dollars, and not less than five dollars, or one dollar per net ton, in the discretion of the collector.
SEC. 138. The master of every vessel employed in the coastwise trade which shall, from any cause, put into a port or place other than those to which she was cleared shall, within twenty-four hours thereafter, make report of his arrival to the customs officer at the port entered, which report shall show the name of the place he came from, and to which he is bound, with an account of his lading; and every master who neglects or refuses to do so, shall be liable to a penalty of not more than one hundred dollars, or one dollar per net ton, in the discretion of the collector.
SEC. 139. No merchandise shall be transported by water, under penalties hereinafter prescribed, from one port of the Philippine Islands to another port of the Philippine Islands, either directly or by the way of a foreign port, or for any part of the voyage, in any other vessel than those described in section one hundred and seventeen of this Act. But this section shall not be construed to prohibit the sailing of any foreign vessel from one port of entry to another port of entry in the Philippine Islands: Provided, That no merchandise other than that imported in such vessel from a foreign port, which shall not have been unladen, or an export cargo for foreign port or ports, which has been properly manifested, shall be carried such voyage.
SEC. 140. Passengers shall not be received at one Philippine port for another Philippine port by a vessel not licensed for the coasting trade, except upon special permission previously granted by the Insular Collector, when, in his opinion, the proper conduct of the public business necessitates the same; but passengers arriving upon foreign vessel from a foreign port may continue their voyage to the port of destination by the same vessel.
SEC. 141. Owners of small boats of a capacity of less than fifteen gross tons who wish to engage in local trade, may upon application to the nearest collector of customs or subdistrict inspector of customs, and on taking the oath of allegiance to the United States, be granted a license for one year, authorizing the vessel holding it to engage in coast traffic, they paying for the license one dollar per ton for each ton of the vessels gross tonnage, the minimum fee to be in any case one dollar. Before delivering the license, the officer issuing the same will cause the vessel for which it is issued to be conspicuously marked, on some fixed part of the vessel, by burning or painting with the name of the boat, name of the port at which licensed, and the number of the license.
SEC. 142. When licenses issued in accordance with the preceding section of this Act are renewed without an intervening period, the vessels shall retain their original numbers as marked thereon, and the new licenses issued shall be given the same numbers as the original (expired) licenses, which shall be surrendered and canceled. These licenses shall distinctly specify in the body of the same the points between which said vessel is allowed to trade. These points will be fixed by the officer issuing the license, and will not exceed one hundred miles on each side of the home port of the vessel to which the license is issued.
SEC. 143. The customs officer issuing the license last aforesaid will also supply to the owner thereof a book which shall be designated a "Roll," which book shall have a printed page conforming to the following form:
"Permission is hereby given to ............................., master of the ..................................., special license No. .................... issued in .................... to clear for ..........................., Province of ................................., with cargo and passengers as specified below. Burden, ............................. tons .....................; crew, ......................
MANIFEST OF THE CARGO ON BOARD; LIST OF PASSENGERS.
Number of packages.
Kinds of packages.
Contents.
Consignees.
Names.
Certificate of registration.
"I certify this is a true manifest and also the list of the passengers I carry:
".......................................... Cleared on this .......................... day of .............................., 190 .................
(Master.)
"..........................................................
"Municipal President.
"Entered in this port today: Port of ....................................................... day of ................................., 190 ..............
"...........................................................
"Municipal President."
For the roll so furnished the officer issuing the license may charge such a price as is authorized by the Insular Collector by general rules.
SEC. 144. All vessels licensed in accordance with the three preceding sections will carry the following papers:
(a) Special license.
(b) Oath of allegiance.
(c) Certificates of crew and passengers, if any.
(d) Roll, giving names of crew and passengers, and list of cargo on board; with entrances and clearances.
SEC. 145. Clearances of the boats last above referred to shall in all cases be made to a definite port or ports, and must be signed by inspectors of customs or local presidents at the port entered and cleared from.
SEC. 146. Holders of these licenses will be permitted to enter any port within the limits specified in their license, and should there be no inspector of customs at any of the ports so entered the local president shall act in that capacity, and for his services may charge the owner or master of the vessel ten cents, or its equivalent in local currency.
SEC. 147. No vessel having a license of the character named in the last preceding six sections shall enter or leave a port without reporting to the inspector of customs or local president, and being properly cleared therefrom; and no fees shall be charged for said vessel's entrance or clearance except as are herein provided.
SEC. 148. The license provided for above shall be issued on a special form, to be furnished by the Insular Collector.
SEC. 149. Collectors of customs are authorized at any time, upon it appearing to them that any license issued under the provisions of this Act or under the preceding provisions governing the issuance thereof, was illegally and improperly issued, to cancel the same and the vessel holding the license so canceled shall be prohibited from entering the coastwise trade until it shall again be licensed to do so.
SEC. 150. Any vessel found engaged in the coasting trade of the Philippine Islands without being specially authorized thereto in the manlier heroin specified, shall, if laden with merchandise of the growth, product, and manufacture of the Philippine Islands only, or in ballast, if of five tons burden or less, be liable to a penalty of not loss than five nor more than one hundred dollars; if more than five tons burden and less than twenty tons, she shall be liable to a penalty of not less than ten nor more than five hundred dollars; and if of twenty tons burden or upward, to a penalty of not less than fifty nor more than one thousand dollars; and the vessel against which a penalty is assessed as is herein provided shall be held by the customs officials until the same is paid: Provided, That if such vessel shall have on board any article of foreign growth, product, or manufacture beyond what is necessary for sea stores, and which has not been properly entered or legally imported, then, instead of the fines hereinbefore specified, such goods of foreign growth, together with the vessel, shall be seized and forfeited.
SEC. 151. Vessels licensed for the coasting trade are prohibited from entering closed ports along the coast of the Archipelago without special permission of the Insular Collector or collectors of customs at subports of entry, who, in authorizing such trade, will prescribe the conditions under which it is permitted. Vessels found violating this section shall be subject to a fine of not less than one hundred dollars, or more than the value of the cargo, provided the value thereof exceeds one hundred dollars.
SEC. 153. For the violation of any of the provisions for the government of the coastwise trade, for which fines have not been hereinbefore specially provided, the collectors may assess and collect a penalty of not less than five and not more than one thousand dollars, as their judgment may dictate; and any vessel against which such a penalty may be so assessed shall be held by the customs officials until the penalty assessed is paid.
SEC. 154. Should any goods or merchandise be found on any vessel in the coastwise trade for which proper manifest has not been delivered to the customs officials, such goods or merchandise shall be subject to seizure, and the master of the vessel on which said goods or merchandise are found shall be liable to a penalty of not more than five hundred dollars and the vessel shall be held until the penalty imposed on the master has been satisfied.
SEC. 155. The Insular Collector is hereby authorized to promulgate such regulations and instructions for the government of vessels, engaged in the coastwise trade as may be necessary to carry the provisions of this Act into effect.
SEC. 156. Discretion is hereby conferred upon the Insular Collector, subject to the approval of the Civil Governor, to relieve from duty any officer of the United States Army or Navy still acting under detail as customs official, and to substitute in his stead the president of the municipality or other person who, in the judgment of the Insular Collector, can discharge the duties of inspector of customs, at a cost of not exceeding fifteen dollars per month, to be fixed by the Insular Collector: Provided, That when a president is so appointed the amount so fixed by the Insular Collector shall be in addition to his regular emoluments as a municipal officer. Any provision of the Municipal Code inconsistent herewith is hereby repealed.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
