§321. Penalty for illegal enrollment or license

Every collector, who knowingly makes any record of enrollment or license of any vessel, and every other officer, or person, appointed by or under them, who makes any record, or grants any certificate or other document whatever, contrary to the true intent and meaning of title 50 of the Revised Statutes, or takes any other or greater fees than are by title 50 of the Revised Statutes allowed, or receives for any service performed pursuant to title 50 of the Revised Statutes, any reward or gratuity, and every surveyor, or other person appointed to measure vessels, who willfully delivers to any collector or such officer or employee as the Secretary of the Treasury shall designate a false description of any vessel, to be enrolled or licensed, in pursuance of title 50 of the Revised Statutes, shall be liable to a penalty of $500, and be rendered incapable of serving in any office of trust or profit under the United States.

(R.S. §4373; June 17, 1930, ch. 497, title IV, §523, 46 Stat. 740 ; Aug. 8, 1953, ch. 397, §2(d), 67 Stat. 508 .)

References in Text

Title 50 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 50 of the Revised Statutes, consisting of R.S. §§4311 to 4390. For complete classification of R.S. §§4311 to 4390 to the Code, see Tables.

Codification

R.S. 4373 derived from act Feb. 18, 1793, ch. 8, §29, 1 Stat. 315 .

Transfer of Functions

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

Upon incorporation into the Code, "comptroller of customs" substituted for "naval officer" to conform to act Sept. 21, 1922, ch. 356, §523, 42 Stat. 974 , which was repealed by section 651(a)(1) of act June 17, 1930. Section 523 of act June 17, 1930, classified to section 1523 of Title 19, Customs Duties, continued naval officers of customs as comptrollers of customs. Section 523 of act June 17, 1930, was amended by act Aug. 8, 1953, which omitted references to comptrollers of customs and substituted reference to Secretary of the Treasury or such officer or employee as he shall designate. The words "such officer or employee as the Secretary of the Treasury shall designate" were substituted for "comptrollers of customs" to reflect such change.

Cross References

Canal boats or boats employed on internal waters or canals of any state, exemption from requirements of this section, see section 336 of this Appendix.

Definition of enrollment or license with respect to vessel documentation, see section 12101 of Title 46, Shipping.

Section Referred to in Other Sections

This section is referred to in section 322 of this Appendix.