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so discharged, upon his engagement on board of any vessel to return to the United States, and the other remaining third to be retained for the purpose of creating a fund for the payment of the passages of seamen or mariners, citizens of the United States, who may be desirous of returning to the United States, and for the maintenance of American seamen who may be destitute, and may be in such foreign port, and the several sums retained for such fund shall be accounted for with the treasury every six months by the persons receiving the same.

seamen, &c.

instructions

Command

Sec. 4. And be it further enacted, That it Consuls, &c. shall be the duty of the consuls, vice-consuls, to provide commercial agents, vice-commercial agents of for destitute the United States, from time to time to pro- subsistence vide for the mariners and seamen of the Uni- andpassages ted States, who may be found destitute with- to the U. in their districts respectively, sufficient sub- States, subsistence and passages to some port in the Uni-ject to the ted States, in the most reasonable manner, at of the Sethe expense of the United States, subject to cretary of such instructions as the Secretary of State State. shall give; and that all masters and comman- ers of vesders of vessels belonging to citizens of the sels required United States, and bound to some port of the to take such same, are hereby required and enjoined to on board if take such mariners or seamen on board of not more their ships or vessels, at the request of the said every hunconsuls, vice-consuls, commercial agents or dred tons. vice-commercial agents respectively, and to transport them to the port in the United States to which such ships or vessels may be bound, on such terms not exceeding ten dol- On terms lars for each person, as may be agreed between not exceed the said master and consul, or commercial ing ten dolagent. And the said mariners or seamen Vol. VI. 2 F

than two to

lars each,

to do duty if able.

ter.

Seamen, &c. shall, if able, be bound to do duty on board such ships or vessels according to their several abilities; Provided, That no master or captain of any ship or vessel shall be obliged to take a greater number than two men to every one hundred tons burthen of the said ship or vessel, on any one voyage; and if any such Penalty on the refusal captain or master shall refuse the same on the of the cap-request or order of the consul, vice-consul, tain or mas- commercial agent or vice-commercial agent, such captain or master shall forfeit and pay the sum of one hundred dollars for each mariner or seaman so refused, to be recovered for the benefit of the United States in any court of competent jurisdiction. And the certificate of any such consul or commerical agent, given under his hand and official seal, shall be prima facie evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty aforesaid. eighth sec- Sec. 5. And be it further enacted, That act concern- the seventh and eighth section of the act, ining consuls tituled, "An act concerning consuls and and vice- vice-consuls," be and the same are hereby reconsuls re- pealed; and that the Secretary of State be auSecretary of thorised to reimburse the consuls, vice-conState to re- suis, commercial agents or vice-commercial imburse the agents, such reasonable sums as they may consuls, &c. heretofore have advanced for the relief of seamay receive men, though the same should exceed the rate 50 cents for of twelve cents a man per diem.

Seventh and

tions of the

pealed.

Consuls &c.

cent on pay

a certificate Sec. 6. And be it further enacted, That it of discharge shall and may be lawful for every consul, and 21 per vice-consul, commercial agent and vice-commercial agent of the United States, to take and receive for every certificate of discharge of any seaman or mariner in a foreign port fifty cents; and for commission on paying and receiving the amount of wages payable on the

ing and receiving the wages of discharged seamen in fo

reign ports.

discharge of seamen in foreign ports, two and a half per centum.

certificates

Sec. 7. And be it further enacted, That if any Consuls, &c. consul, vice-consul, commercial agent, or vice- giving false commercial agent, shall falsely and knowingly subject to certify, that property belonging to foreigners is fine and improperty belonging to citizens of the United prisonment. States, he shall on conviction thereof, in any court of competent jurisdiction, forfeit and pay a fine not exceeding ten thousand dollars, at the discretion of the court, and be imprisoned for any term not exceeding three years.

if

Sec. 8. And be it further enacted, That

to fines.

any consul, vice-consul, commercial agent If for false or vice-commercial agent, shall grant a pass- passports, port or other paper certifying that any alien, &c. subject knowing him or her to be such, is a citizen of the United States, he shall on conviction thereof, in any court of competent jurisdiction, forfeit and pay a fine not exceeding one thousand dollars.

&c.executed

Sec. 9. And be it further enacted, That all Powers of powers of attorney executed after the thirti- attorney, eth day of June next in a foreign country for the transfer of any stock of the United States, countries to in foreign or for the receipt of interest thereon, shall be be verified verified by the certificate and seal of a consul, by consuls, vice-consul, commercial agent or vice-com- &c. who mercial agent, if any there be at the place fty cents may receive where the same shall be executed, for which on each. the person giving the certificate shall receive fifty cents.

NATH. MACON,

Speaker of the House of Representatives.
A. BURR,

Vice-President of the United States, and
President of the Senate.

February 28th, 1803. APPROVED.

TH: JEFFERSON.

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Prohibited

of colour

subject to a

fine of one thousand dollars for each.

CHAPTER LXIII.

An ACT to prevent the importation of certain persons into certain states, where, by the laws thereof, their admission is prohibited.

E it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the first day of April next, no master or captain of any ship or vessel, or any other importation person, shall import or bring, or cause to be of persons imported or brought, any negro, mulatto, or other person of color, not being a native, a citizen, or registered seaman of the United States, or seamen natives of countries beyond the Cape of Good-Hope, into any port or place of the United States, which port or place shall be situated in any state which by law has prohibited or shall prohibit the admission or importation of such negro, mulatto, or other person of color, and if any captain or master aforesaid, or any other person, shall import or bring, or cause to be imported or brought into any of the ports or places aforesaid, any of the persons whose admission or importation is prohibited, as aforesaid, he shall forfeit and pay the sum of one thousand dollars for each and every negro, mulatto, or other person of color aforesaid, brought or imported as aforesaid, to be sued for and recovered by action of debt, in any court of the United States; one half thereof to the use of the United States, the other half to any person or persons prosecuting for the penalty; and in any action.

instituted for the recovery of the penalty aforesaid, the person or persons sued may be held to special bail; Provided always, That nothing contained in this act shall be construed to prohibit the admission of Indians.

persons of color ad

Vessel, &c.

to be forfeit

Sec. 2. And be it further enacted, That No vessel no ship or vessel arriving in any of the said containing ports or places of the United States, and prohibited having on board any negro, mulatto, or other person of color, not being a native, a citizen, mitted to an or registered seaman of the United States, or entry, seamen natives of countries beyond the Cape of Good-Hope as aforesaid, shall be admitted to an entry. And if any such negro, mulatto, ed if any or other person of color, shall be landed from prohibited on board any ship or vessel, in any of the person of ports or places aforesaid, or on the coast of any state prohibiting the admission of impor- therefrom. tation, as aforesaid, the said ship or vessel, together with her tackle, apparel, and furniture, shall be forfeited to the United States, and one half of the nett proceeds of the sales on such forfeiture shall inure and be paid over to such person or persons on whose information the seizure on such forfeiture shall be made.

color be

landed

Collectors

the states

Sec. 3. And be it further enacted, That and other it shall be the duty of the collectors and other officers to be officers of the customs, and all other officers governed by of the revenue of the United States, in the the laws of several ports or places situated as aforesaid, prohibiting to notice and be governed by the provisions persons of of the laws now existing, of the several states color. prohibiting the admission or importation of any negro, mulatto, or other person of color, as aforesaid. And they are hereby enjoined vigilantly to carry into effect the said laws of

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