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the collector for the district from which the vessel shall clear out as aforesaid. And the said collector, before he delivers the list of the crew, approved and certified as aforesaid, to the captain, master, or proper officer of the vessel to which the same belongs, shall cause the same to be recorded in a book by him for that purpose to be provided, and the said record shall be open for the inspection of all persons, and a certified copy thereof shall be admitted in evidence in any court in which any question may arise, under any of the provisions of this act.

SEC. 4. That the President of the United States be, and he hereby is Supplemental directions may authorized from time to time to make such further regulations, and to be given by the give such directions to the several commanders of public vessels, and to President with the several collectors, as may be proper and necessary respecting the respect to the proofs of citizenship, to be exhibited to the commanders or collectors seamen employed in the aforesaid: Provided, That nothing contained in such regulations or direc- United States. tions shall be repugnant to any of the provisions of this act.

Proviso.

not citizens of

SEC. 5. That from and after the time when this act shall take effect, Seamen or seano seaman or other seafaring man, not being a citizen of the United faring persons States, shall be admitted or received as a passenger on board of any pub- the U. States lic or private vessel of the United States, in a foreign port, without per- only admitted as mission in writing from the proper officers of the country of which such American vesseaman or seafaring man may be subject or citizen.

passengers in

sels upon cer

Interference

agents admissi

SEC. 6. That from and after the time when this act shall take effect, tain conditions. the consuls or commercial agents of any nation at peace with the United of consuls and States shall be admitted (under such regulations as may be prescribed by commercial the President of the United States), to state their objections to the proper ble in certain commander or collector as aforesaid, against the employment of any sea- cases. man or seafaring man on board of any public or private vessel of the United States, on account of his being a native subject or citizen of such nation, and not embraced within the description of persons who may be lawfully employed, according to the provisions of this act; and the said consuls or commercial agents shall also be admitted under the said regulations, to be present at the time when the proofs of citizenship of the persons against whom such objections may have been made, shall be investigated by such commander or collector.

SEC. 7. That if any commander of a public vessel of the United Penalty for States, [shall knowingly employ or permit to be employed,] or shall admit or readmitting persons not qualiceive, or permit to be admitted or received, on board his vessel, any per- fied according son whose employment or admission is prohibited by the provisions of this to this act into act, he shall on conviction thereof forfeit and pay the sum of one thousand the United dollars for each person thus unlawfully employed or admitted on board States.

such vessel.

the service of

or owners of

SEC. 8. That if any person shall, contrary to the prohibitions of this Commanders act, [be employed,] or be received on board of any private vessel, the mas- private armed ter or commander, and the owner or owners of such vessel, knowing vessels subjected thereof, shall respectively forfeit and pay five hundred dollars for each to penalties for admitting perperson thus unlawfully employed or received in any one voyage; which sons contrary to sum or sums shall be recovered, although such seaman or person shall this act. have been admitted and entered in the certified list of the crew aforesaid, by the collector for the district to which the vessel may belong: and all penalties and forfeitures arising under or incurred by virtue of this act, may be sued for, prosecuted, and recovered, with costs of suit by action of debt, and shall accrue and be one moiety thereof to the use of the person who shall sue for the same, and the other moiety thereof to the use of the United States.

Recovery of penalties.

Foreign sea

ployed in Amer

SEC. 9. That nothing in this act contained shall be construed to prohibit any commander or master of a public or private vessel of the men may be emUnited States, whilst in a foreign port or place, from receiving any ican vessels in American seamen in conformity to law, or supplying any deficiency of foreign ports. seamen on board such vessel, by employing American seamen, or subjects

Conditions.

Provisions of this act not to

be extended to the citizens or subjects of na

of such foreign country, the employment of whom shall not be prohibited by the laws thereof.

SEC. 10. That the provisions of this act shall have no effect or operation with respect to the employment as seamen of the subjects or citizens of any foreign nation which shall not, by treaty or special convention with the government of the United States, have prohibited on board of tions which have her public and private vessels the employment of native citizens of the not adopted its principles. United States, who have not become a citizen or subject of such nation. Not to be a SEC. 11. That nothing in this act contained shall be so construed as to bar to any prevent any arrangement between the United States and any foreign natreaty. tion, which may take place under any treaty or convention, made and ratified in the manner prescribed by the constitution of the United States. SEC. 12. That no person who shall arrive in the United States, from and after the time when this act shall take effect, shall be admitted to become a citizen of the United States, who shall not for the continued term of five years next preceding his admission as aforesaid have resided within the United States.

Residence of

five years neces

sary to become a citizen.

72.

See 1848, ch.

Penalty for forging certificates of citizenship or protections.

Suits within three years.

SEC. 13. That if any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged or counterfeited, any certificate or evidence of citizenship referred to in this act; or shall pass, utter, or use as true, any false, forged or counterfeited certificate of citizenship, or shall make sale or dispose of any certificate of citizenship to any person other than the person for whom it was originally issued, and to whom it may of right belong, every such person shall be deemed and adjudged guilty of felony; and on being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a period not less than three, or more than five years, or be fined in a sum not less than five hundred dollars, nor more than one thousand dollars, at the discretion of the court taking cognizance thereof.

SEC. 14. That no suit shall be brought for any forfeiture or penalty incurred under the provisions of this act, unless the suit be commenced within three years from the time of the forfeiture.

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CHAP. II. - An Act for the Government of Persons in certain Fisheries.

Be it enacted, &c. That the master or skipper of any vessel of the burthen of twenty tons or upwards, qualified according to law for carrying on the bank and other cod fisheries, bound from a port of the United States to be employed in any such fishery, at sea, shall, before proceeding on such fishing voyage, make an agreement in writing or print with every fisherman who may be employed therein, (except only an apprentice or servant of himself or owner,) and, in addition to such terms of shipment as may be agreed on, shall in such agreement express whether the same is to continue for one voyage or for the fishing season, and shall also express, that the fish or the proceeds of such fishing voyage or voyages, which may appertain to the fishermen, shall be divided among them in proportion to the quantities or number of said fish which they may respectively have caught; which agreement shall be endorsed or countersigned by the owner of such fishing vessel or his agent. And if any fisherman, having engaged himself for a voyage or for the fishing season, in any fishing vessel, and signed an agreement therefor as aforesaid, shall thereafter and while such agreement remains in force and to be performed, desert or absent himself from such vessel without leave of the master or skipper thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen or mariners are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be apprehended and detained; and all costs of process and

commitment, if paid by the master or owner, shall be deducted out of the share of fish, or proceeds of any fishing voyage to which such deserter had or shall become entitled. And any fisherman, having engaged himself as aforesaid, who shall during such fishing voyage refuse or neglect his proper duty on board the fishing vessel, being thereto ordered or required by the master or skipper thereof, or shall otherwise resist his just commands to the hinderance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of any public allowance which may be paid upon such voyage.

Conditions to

which they become subject.

liable for wages

Just accounts

produced, other

SEC. 2. That where an agreement or contract shall be so made and signed Fishing vesfor a fishing voyage or for the fishing season, and any fish which may have sels to continue been caught on board such vessel during the same, shall be delivered to of the hands for the owner or to his agent for cure, and shall be sold by said owner or six months after agent, such vessel shall, for the term of six months after such sale, be sale of fish. liable and answerable for the skipper's and every other fisherman's share of such fish, and may be proceeded against in the same form and to the same effect as any other vessel is by law liable and may be proceeded against for the wages of seamen or mariners in the merchant service. And upon such process for the value of a share or shares of the proceeds of sales to be of fish delivered and sold as aforesaid it shall be incumbent on the owner wise the vessel or his agent to produce a just account of the sales and division of such answerable. fish according to such agreement or contract; otherwise the said vessel shall be answerable upon such process for what may be the highest value of the share or shares demanded. But in all cases the owner of such vessel or his agent, appearing to answer to such process, may offer thereupon his account of general supplies made for such fishing voyage and of other supplies therefor made to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands respectively; and judgment shall be rendered upon such process for the respective balances which upon such an inquiry shall appear: Provided always, If vessel sued That when process shall be issued against any vessel liable as aforesaid, the owner may give bond. if the owner thereof, or his agent, will give bond to each fisherman in whose favor such process shall be instituted with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel: Provided, That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof as aforesaid.

Remedy at common law to be preserved.

No. 85, JULY 22, 1813.

CHAP. XVIII. — An Act to establish the Town of Mobile a Port of Entry.

Stat. at Large Vol. III. p. 35.

Mobile shall

district.

Be it enacted, &c. That from and after the first day of August next, the town of Mobile shall be, and the same is hereby established the sole port be the sole port of entry for the district, including the shores, waters, and inlets of the of entry for the bay and river Mobile, and of the other rivers, creeks, inlets, and bays, emptying into the Gulf of Mexico, east of the said river Mobile, and west thereof to the eastern boundary of the State of Louisiana.

Stat. at Large, CHAP. XXXV. Vol. III. p. 49.

Bounty on pickled fish. See 1846, ch.

74, § 5.

Proviso.

Inspection laws.

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An Act laying a Duty on imported Sult; granting a Bounty on pickled Fish exported, and Allowances to certain Vessels employed in the Fisheries. SEC. 2. That on all pickled fish of the fisheries of the United States, exported therefrom subsequent to the last day of December, one thousand eight hundred and fourteen, there shall be allowed and paid a bounty of twenty cents per barrel, to be paid by the collector of the district from which the same shall be so exported, without any deduction or abatement; Provided, always, That in order to entitle the exporter or exporters of such pickled fish to the benefit of such bounty or allowance, the said exporter or exporters shall make entry with the collector and naval officer of the district from whence the said pickled fish are intended to be exported; and shall specify in such entry the names of the master and vessel in which, and the place where such fish are intended to be exported, together with the particular quantity; and proof shall be made to the satisfaction of the collector of the district from which such pickled fish are intended to be exported, and of the naval officer thereof, if any, that the same are of the fisheries of the United States; and no entry shall be received as aforesaid, of any pickled fish which have not been inspected and marked pursuant to the inspection laws of the respective States where inspection laws are in force, in regard to any pickled fish, and the casks containing such fish shall be branded with the words "for bounty," with the name of the inspector or packer, the species and quality of the fish contained therein, and the name of the port of exportation; and the collector of such district shall, together with the naval officer, where there is one, grant an order or permit for an inspector to examine the pickled fish as expressed in such entry, and if they correspond therewith, and the said officer is fully satisfied that they are of the fisheries of the United States, to lade the same agreeably to such entry, on board the ship or vessel therein expressed; which lading shall be performed under the superintendence of the officer examining the same, who shall make returns of the quantity and quality of pickled fish so laden on board, in virtue of such order or permit, to the officer or officers granting the same. And the said exporter or exporters, when the lading is completed, and after returns thereof have been made as above directed, shall make oath or affirmation, that the pickled fish expressed in such entry, and then actually laden on board the ship or vessel as therein expressed, are truly and bona fide of the fisheries of the United States, that they are truly intended to be exported as therein specified, and are not intended to be relanded within the limits of the United States; and shall also give bond in double the amount of the bounty or allowance to be received, with one or more sureties to the satisfaction of the collector of the port or place from which the said pickled fish are intended to be exported, conditioned that the same shall be landed and left at some foreign port or place without the limits aforesaid; which bonds shall be cancelled at the same periods and in like manner as is provided in respect to bonds given on the exportation of goods, wares, and merchandise, entitled to drawback of duties; Provided, always, That the said bounty or allowance shall not be paid until be paid until six at least six months after the exportation of such pickled fish, to be computed from the date of the bond, and until the exporter or exporters thereof shall produce to the collector with whom such outward entry is made, such certificates or other satisfactory proof of the landing of the same as aforesaid, as is made necessary for cancelling the bonds given on the exportation of goods entitled to drawback; And provided also, That the bounty or allowance as aforesaid, shall not be paid unless the same shall amount to ten dollars at least upon each entry.

Oath of the exporter.

Act of March 2, 1799, ch. 22.

Bounty not to

months after exportation.

Proviso.

Allowance of

SEC. 3. That no bounty, drawback, or allowance, shall be made under bounty or draw- the authority of this act, unless it shall be proved to the satisfaction of the

back.

collector that the pickled fish for which the bounty, drawback, or allowance, shall be claimed, was wholly cured with foreign salt, and on which a duty shall have been secured or paid.

Penalties for

SEC. 4. That if any pickled fish shall be falsely or fraudulently entered with intent to obtain the bounty or allowance on their exportation as here falsely entering provided, when the said fish are not entitled to the same, the said fish or obtain the bounpickled fish to the value thereof, to be recovered of the person making such false entry, ty. shall be forfeited.

Penalty for

Act of Sep

SEC. 9. That any person who shall make any false declaration in any oath or affirmation required by this act, being duly convicted thereof in false oaths. any court of the United States having jurisdiction of such offence, shall be tember 24, 1789, deemed guilty of wilful and corrupt perjury and shall be punished accord- ch. 20, sec. 18. ingly.

CHAP. XLVII.

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No. 87. - APRIL 9, 1814.

-An Act making Elizabeth City the Port of Entry and Delivery for the District of Camden, in the State of North Carolina.

Be it enacted, &c. That from and after the first day of June next, the port of entry and delivery established by law at Plankbridge, on Sawyer's creek, for the district of Camden, in the State of North Carolina, shall be abolished, and the town of Elizabeth city, on Pasquotank river, shall be the port of entry and delivery for the said district; and the collector for the said district shall, from the said first day of June, keep his office at the town of Elizabeth city aforesaid.

Stat. at Large, Vol. III. p. 120.

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CHAP. LX. - An Act to revive and continue in Force" An Act declaring the Assent of Stat. at Large,
Congress to certain Acts of the States of Maryland and Georgia."
Vol. III. p. 125.

Act of March

continued in

Be it enacted, &c. That the act which passed the seventeenth day of March, in the year one thousand eight hundred, entitled "An act de- 17, 1800, ch. 15, claring the assent of Congress to certain acts of the States of Maryland force until and Georgia," be, and the same is hereby revived and continued in force March 3, 1822. until the third day of March, one thousand eight hundred and twentytwo: Provided, That nothing herein contained shall authorize the demand of a duty on tonnage, on vessels propelled by steam, employed in the transportation of passengers.

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CHAP. XIV.- An Act to continue in Force " An Act entitled an Act, laying a Duty on imported Salt, granting a Bounty on pickled Fish exported, and Allowances to certain Vessels employed in the Fisheries."

Stat. at Large, Vol. III. p. 254.

Act of 1813,

ued.

Be it enacted, &c. That the act, entitled "An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowances to ch. 35, contincertain vessels employed in the fisheries," passed on the twenty-ninth day of July, in the year one thousand eight hundred and thirteen, shall be, and the same is hereby continued in force, anything in the said act to the contrary thereof in any wise notwithstanding.

CHAP. XXII.

No. 90. - MARCH 1, 1816.

- An Act concerning the Convention to regulate the Commerce between the Territories of the United States and his Britannic Majesty.

Stat. at Large, Vol. III. p. 255.

Be it enacted, &c. That so much of any act as imposes a higher duty of Act imposing tonnage, or of impost on vessels and articles imported in vessels of Great higher duties Britain, than on vessels and articles imported in vessels of the United

on articles im

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