Enrolment, &c. ment of tonnage, or any other requirements which such ships or vessels are now subject to by the present existing laws of the United States. SEC. 25. That in every case, where the collector is, by this act, directby whom issued. ed to grant any enrolment, license, certificate, permit, or other document, the naval officer residing at the port (if there be one) shall sign the same, and every surveyor who shall certify a manifest, or grant a permit, or who shall receive any certified manifest, or a permit as is provided for in this act, shall make monthly returns thereof, or sooner, if it can conveniently be made, to the collector of the district where such surveyor may reside. Monthly returns to be made by the surveyors to the collector. How vessels under twenty tons shall be admeasured, &c. Revenue officers may go on board vessels without their districts. seizure. SEC. 26. That before any ship or vessel, of the burthen of five tons, and less than twenty tons, shall be licensed, the same admeasurement shall be made of such ship or vessel, and the same provisions observed relative thereto, as are to be observed in case of admeasuring ships or vessels to be registered or enrolled; but in all cases, where such ship or vessel, or any other licensed ship or vessel, shall have been once admeasured, it shall not be necessary to measure such ship or vessel anew, for the purpose of obtaining another enrolment or license, except such ship or vessel shall have undergone some alteration as to her burthen, subsequent to the time of her former license. SEC. 27. That it shall be lawful for any officer of the revenue, to go on board of any ship or vessel, whether she shall be within or without his district, and the same to inspect, search and examine, and if it shall appear, that any breach of the laws of the United States has been committed, whereby such ship or vessel, or the goods, wares and merchandise on board, or any part thereof, is, or are liable to forfeiture, to make seizure of the same. SEC. 28. That in every case, where a forfeiture of any ship or vessel, Collector's du- or of any goods, wares or merchandise, shall accrue, it shall be the duty ty in cases of of the collector, or other proper officer, who shall give notice of the Names of the seizure of such ship or vessel, or of such goods, wares or merchandise, to owners or con- insert in the same advertisement, the name or names, and the place or signees of ships or vessels or places of residence, of the person or persons, to whom any such ship or goods seized, to vessel, goods, wares and merchandise belonged, or were consigned, at the be inserted in time of such seizure, if the same shall be known to him. the advertisement. SEC. 29. That every collector, who shall knowingly make any record of enrolment or license of any ship or vessel, and every other officer, or person, appointed by, or under them, who shall make any record, or grant any certificate, or other document whatever, contrary to the true intent and meaning of this act, or shall take any other, or greater fees, than are by this act allowed, or shall receive, for any service performed pursuant to this act, any reward or gratuity, and every surveyor, or other person appointed to measure ships or vessels, who shall wilfully deliver to any collector, or naval officer, a false description of any ship or vessel, to be enrolled or licensed, in pursuance of this act, shall, upon conviction of any such neglect or offence, forfeit to the United States five hundred dollars, and be rendered incapable of serving in any office, of trust or profit, under the United States. And if any person, authorized and required by this act, in respect to his office, to perform any act or thing required by this act, shall wilfully neglect or refuse to do and perform the same, according to the true intent and meaning of this act, such person, on being duly convicted thereof, if not hereby subject to the penalty and disqualifications aforesaid, shall forfeit and pay the sum of five hundred dollars for the first offence, and a like sum for the second offence, and shall from thenceforward be rendered incapable of holding any office of trust or profit under the United States. SEC. 30. That if any person or persons shall swear, or affirm to any of the matters, herein required to be verified, knowing the same * See act May 6, 1864, ch. 83. Also acts December 31, 1792, ch. 1, § 6, and March 2, 1799, ch. 22, § 64. to be false, such person or persons shall suffer the like pains and penalties, as shall be incurred, by persons committing wilful and corrupt perjury. And if any person or persons shall forge, counterfeit, erase, alter or falsify any enrolment, license, certificate, permit, or other document, mentioned or required in this act, to be granted by any officer of the feiting, or falsirevenue, such person or persons, so offending, shall forfeit five hundred fying enrolment. dollars. On counter execution of this act. SEC. 31. That if any person or persons shall assault, resist, obstruct, Penalty on or hinder any officer in the execution of this act, or of any other act or obstructing the law of the United States, herein mentioned, or of any of the powers or authorities vested in him by this act, or any other act or law, as aforesaid, all and every person and persons so offending, shall, for every such offence, for which no other penalty is particularly provided, forfeit five hundred dollars. vessels to for eigners, &c. SEC. 32. That if any licensed ship or vessel shall be transferred, in On transferring whole or in part, to any person, who is not, at the time of such transfer, a citizen of, and resident within, the United States, or if any such ship or vessel shall be employed in any other trade than that for which she is licensed, or shall be found with a forged or altered license, or one granted for any other ship or vessel, every such ship or vessel, with her tackle, apparel and furniture, and the cargo found on board her, shall be forfeited.* board of vessels SEC. 33. That in all cases where the whole or any part of the lading, In what cases or cargo, on board any ship or vessel, shall belong bona fide to any person the lading on or persons other than the master, owner, or mariners of such ship or ves- shall be exempt sel, and upon which the duties shall have been previously paid or se- from forfeiture. cured, according to law, shall be exempted from any forfeiture under this act, anything therein contained to the contrary notwithstanding. Fees allowed under this act. Fees for ad SEC. 34. That the fees and allowances † for the several duties and services to be performed, in virtue of this act, shall be as follow; that is to say :For admeasuring every ship or vessel, in order to the enrolment, or licensing and recording the same, if of the burthen of five tons, and measuring ships less than twenty tons, fifty cents; if of twenty tons, and not exceeding seventy tons, seventy-five cents; if above seventy tons, and not exceed- 1864, ch. 83, ing one hundred tons, one hundred cents; if above one hundred tons, one §§ 4, 5. hundred and fifty cents: For every certificate of enrolment, fifty cents: For every indorsement on a certificate of enrolment, twenty cents: For every license, and granting the same, including the bond, if not exceeding twenty tons, twenty-five cents; if above twenty, and not more than one hundred tons, fifty cents; and if more than one hundred tons, one hundred cents: For every indorsement on a license, twenty cents: For certifying manifests, and granting a permit for a licensed vessel to proceed from district to district, twenty-five cents, if less than fifty tons, and if above fifty tons, fifty cents: For receiving a certified manifest, and granting a permit, on the arrival of such vessel, twenty-five cents, if less than fifty tons, and if above fifty tons, fifty cents: For certifying manifests, and granting a permit for a registered vessel to proceed from district to district, one hundred and fifty cents: For receiving a certified manifest, and granting a permit, on the arrival of such registered vessel, one hundred and fifty cents: For granting a permit for a vessel, not belonging to a citizen or citizens of the United States, to proceed from district to district, and receiv ing the manifest, two hundred cents : See act April 20, 1836, ch. 55. or vessels. See acts, March 2, 1799, ch. 23, § 2, April 26, 1816, ch. 95. § 1, May 6, 1864, ch. 83, §§ 4, 5, and March 3, 1865, ch. 101. act. For receiving a manifest, and granting a permit to unload, for such last mentioned vessel, on her arrival in one district, from another district, two hundred cents: For granting a permit for a vessel carrying on the fishery, to trade at a foreign port, twenty-five cents, and for the report and entry of any foreign goods imported in such vessel, twenty-five cents. Disposal of And where a surveyor shall certify a manifest, or grant a permit, or fees under this receive a certified manifest and grant a permit, the fees arising therefrom, shall be received by him solely for his use. And all other fees arising, by virtue of this act, shall be received, and accounted for, by the collector, or, at his option, by the naval officer, where there is one, and where there is a collector, naval officer, and surveyor, shall be equally divided, monthly, between the said officers; and where there is no naval officer, two thirds to the collector, and the other third to the surveyor; and where there is only a collector, he shall receive the whole amount thereof; and where there is more than one surveyor in any district, each of them shall receive his proportionable part of such fees, as shall arise in the port, for which he is appointed: Provided always, ployed to ascer- That in all cases, where the tonnage of any ship or vessel shall be ascertain tonnage of vessels to be tained, by any person appointed for that purpose, such person shall be paid before dis- paid a reasonable compensation therefor, out of the fees aforesaid, betribution of fees. fore any distribution thereof, as aforesaid; and every collector and naval officer, and every surveyor, who shall reside at a port where there is no collector, shall cause to be affixed, and constantly kept, in some conspicuous place of his office, a fair table of the rates of fees, demandable by this act. Persons em Table of fees. Penalties and forfeitures how sued for and recovered. 1790, ch. 35. When this act Act 1789, ch. 11, & ch. 22, repealed with exceptions. SEC. 35. That all penalties and forfeitures, which shall be incurred by virtue and force of this act, shall and may be sued for, prosecuted and recovered, in like manner, as penalties and forfeitures, incurred by virtue of the act, intituled "An act to regulate the collection of the duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels,"* may be sued for, prosecuted and recovered, and shall be appropriated in like manner: Provided always, That if any officer, entitled to a part or share of any such penalty or forfeiture, shall be necessary as a witness on the trial for such penalty or forfeiture, such officer may be a witness upon the said trial; but in such case, he shall not receive, or be entitled to any part or share of the said penalty or forfeiture, and the part or share to which he would otherwise have been entitled, shall accrue to the United States. SEC. 36. That this act shall commence, and take effect, from and after shall be in force, the last day of May next, and thenceforth, the act, intituled "An act for and certain other acts repealed. registering and clearing vessels, regulating the coasting trade, and for other purposes," and also, the act, intituled "An act to explain and amend an act, intituled An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," shall be repealed, and cease to operate, except as to the validity of the registers, records, enrolments and licenses, with the certificates and documents, which shall have been done or granted, in pursuance of those acts, prior to the first day of June next, which shall continue to be of the like force and effect, as if the said acts were not repealed; and except, also, as to the prosecution, recovery and distribution of, and for fines, penalties and forfeitures, which may have been incurred, prior to the first day of June next, for which purpose likewise, the said acts shall continue in force. 1789, ch. 22. Nothing herein to extend to boats, &c. SEC. 37. That nothing in this act, shall be construed to extend to any boat or lighter, not being masted, or if masted, and not decked, employed in the harbor of any town or city. *This reference was probably intended to be to the act of August 4, 1790, ch. 35. CHAP. XI.-An Act to prohibit the Carrying on the Slave-Trade from the United States to any foreign Place or Country. Stat. at Large, Vol. I. p. 347. Forfeiture of cerned in slave No vessels to SEC. 1. Be it enacted, &c. That no citizen or citizens of the United States, or foreigner, or any other person coming into, or residing within ship, &c. conthe same, shall, for himself or any other person whatsoever, either as trade. master, factor, or owner, build, fit, equip, load, or otherwise prepare any be built or fitted ship or vessel, within any port or place of the said United States, nor out to carry on shall cause any ship or vessel to sail from any port or place within the the slave-trade. same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country; or for the purpose of procuring, from any foreign kingdom, place, or country, the inhabitants of such kingdom, place, or country, to be transported to any foreign country, port, or place whatever, to be sold or disposed of, as slaves: And if any ship or vessel shall be so fitted out, as aforesaid, for the said purposes, or shall be caused to sail, so as aforesaid, every such ship or vessel, her tackle, furniture, apparel, and other appurtenances, shall be forfeited to the United States; and shall be liable to be seized, prosecuted, and condemned, in any of the circuit courts, or district court for the district where the said ship or vessel may be found and seized. 1800, ch. 51. SEC. 2. That all and every person, so building, fitting out, equipping, Forfeiture on loading, or otherwise preparing, or sending away, any ship or vessel, or abetting conpersons aiding knowing or intending that the same shall be employed in such trade or trary to this act. business, contrary to the true intent and meaning of this act, or any ways aiding or abetting therein, shall severally forfeit and pay the sum of two thousand dollars, one moiety thereof to the use of the United States, and the other moiety thereof to the use of him or her who shall sue for and prosecute the same. SEC. 3. That the owner, master, or factor of each and every foreign ship or vessel, clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the slave-trade, and the suspicion being declared to the officer of the customs, by any citizen, on oath or affirmation, and such information being to the satisfaction of the said officer, shall first give bond with sufficient sureties, to the treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said ship or vessel, to be transported, or sold as slaves, in any other foreign port or place whatever, within nine months thereafter. SEC. 4. That if any citizen or citizens of the United States shall, contrary to the true intent and meaning of this act, take on board, receive, or transport any such persons, as above described, in this act, for the purpose of selling them as slaves, as aforesaid, he or they shall forfeit and pay, for each and every person, so received on board, transported, or sold as aforesaid, the sum of two hundred dollars, to be recovered in any court of the United States proper to try the same; the one moiety thereof to the use of the United States, and the other moiety to the use of such person or persons, who shall sue for and prosecute the same. In what cases owners of foreign vessels shall give bond. Forfeiture for receiving persons on board to be sold as slaves. CHAP. XXI. An Act to amend the Act intituled "An Act making Alterations in the Stat. at Large, Vol. I. p. 415. Act of May 8, 1792, ch. 37. In case of va Be it enacted, &c. That in case of vacancy in the office of Secretary of State, Secretary of the Treasury, or of the Secretary of the Department of War, or of any officer of either of the said departments, whose ap- cancy in the depointment is not in the head thereof, whereby they cannot perform the ident to fill them. partments, Pres See note to act of May 8, 1792, chap. 37. 1 Stat. p. 279. Proviso. duties of their said respective offices; it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons, at his discretion, to perform the duties of the said respective offices, until a successor be appointed, or such vacancy be filled: Provided, That no one vacancy shall be supplied, in manner aforesaid, for a longer term than six months. Stat. at Large, CHAP. XLI. Vol. I. p. 426. Privilege of No. 16.- MARCH 2, 1795. - An Act relative to the Passing of Coasting Vessels between Long Island and Rhode Island. Be it enacted, &c. That coasting vessels going from Long Island in the coasting between State of New York to the State of Rhode Island, or from the State of Rhode Island and Rhode Island to the said Long Island, shall have the same privileges as Long Island. are allowed to vessels under the like circumstances going from a district in one State to a district in the same or an adjoining State. Stat. at Large, Vol. I. p. 477. Collectors to grant certificates of citizenship. In case of the men, master of No. 17.- MAY 28, 1796. CHAP. XXXVI. ·An Act for the Relief and Protection of American Seamen.* SEC. 4. That the collector of every district shall keep a book or books, in which, at the request of any seaman, being a citizen of the United States of America, and producing proof of his citizenship, authenticated in the manner hereinafter directed, he shall enter the name of such seaman, and shall deliver to him a certificate, in the following form, that is to say: "I, A. B., collector of the district of D., do hereby certify, That E. F., an American seaman, aged years, or thereabouts, of the height of feet inches, [describing the said seaman as particularly as may be,] has, this day, produced to me proof in the manner directed in the act, intituled "An act for the relief and protection of American seamen "; and, pursuant to the said act, I do hereby certify, that the said E. F. is a citizen of the United States of America: In witness whereof, I have hereunto set my hand and seal of office, this day of ." And it shall be the duty of the collectors aforesaid, to file and preserve the proofs of citizenship produced, as aforesaid: And for each certificate delivered, as aforesaid, the said collectors shall be entitled to receive from the seaman applying for the same, the sum of twenty-five cents. SEC. 5. And, in order that full and speedy information may be obtained impressment or of the seizure or detention, by any foreign power, of any seamen employed detention of sea- on board any ship or vessel of the United States, Be it further enacted, the ship to make That it shall, and hereby is declared to be the duty of the master of every a protest, &c. ship or vessel of the United States, any of the crew whereof shall have been impressed or detained by any foreign power, at the first port at which of impressment such ship or vessel shall arrive, if such impressment or detention hap Master to make a protest in case of seamen. pened on the high seas, or if the same happened within any foreign port, then in the port in which the same happened, immediately to make a protest, stating the manner of such impressment or detention, by whom made, together with the name and place of residence of the person impressed or detained; distinguishing also, whether he was an American citizen; and if not, to what nation he belonged. And it shall be the duty of such master, to transmit by post, or otherwise, every such protest made in a foreign country, to the nearest consul or agent, or to the minister of the United States resident in such country, if any such there be; preserving a duplicate of such protest, to be by him sent immediately after his arrival with See 1798, ch. 77; 1799, ch. 36; 1802, ch. 51; 1803, ch. 9; 1843, ch. 49; 1846, ch. 60, and 1864, ch. 70. First three sections of above act expired by limitation of 8th section. |