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On fraudulent

ly using certificate of registry.

On making false oath.

1790, ch. 9, sec. 18.

Penalties how recovered and disposed of.

1790, ch. 35.

&c.

When this act

spect to his or their office or offices, to perform any act or thing, required to be done or performed, pursuant to any of the provisions of this act, shall wilfully neglect to do or perform the same, according to the true intent and meaning of this act, such person or persons shall, on being duly convicted thereof, if not subject to the penalty and disqualification aforesaid, forfeit the sum of five hundred dollars for the first offence, and a like sum for the second offence, and shall, thenceforth, be rendered incapable of holding any office of trust or profit under the United States.

SEC. 27. That if any certificate of registry, or record, shall be fraudulently or knowingly used for any ship or vessel, not then actually entitled to the benefit thereof, according to the true intent of this act, such ship or vessel shall be forfeited to the United States, with her tackle, apparel, and furniture.

SEC. 28. That if any person or persons shall falsely make oath or affirmation, to any of the matters, herein required to be verified, such person or persons shall suffer the like pains and penalties, as shall be incurred by persons committing wilful and corrupt perjury; and that if any person or persons shall forge, counterfeit, erase, alter, or falsify any certificate, register, record, or other document, mentioned, described or authorized, in and by this act, such person, or persons, shall, for every such offence, forfeit the sum of five hundred dollars.

SEC 29. That all the penalties and forfeitures, which may be incurred, for offences against this act, shall and may be sued for, prosecuted and recovered, in such courts, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for offences against the act, intituled "An act to provide more effectually for 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 legally be sued for, prosecuted, recovered and disposed of: 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, nor 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. 30. That from and after the last day of March next, this act shall take effect, shall be in full force and effect; and so much of the act, intituled "An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," as comes within the purview of this act, shall, after the said last day of March, be repealed.

Stat. at Large, CHAP. VIII. Vol. I. p. 305.

What ships

of the United

States.

[ocr errors]

No. 13. FEBRUARY 18, 1793.

An Act for enrolling and licensing Ships or Vessels to be employed in the Coasting Trade and Fisheries, and for regulating the same.

SEC. 1. Be it enacted, &c. That ships or vessels, enrolled by virtue shall be deemed of "An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," and those of twenty tons and upwards, Ships or ves- which shall be enrolled after the last day of May next, in pursuance of sels enrolled under this act alone this act, and having a license in force, or if less than twenty tons, not beentitled to the ing enrolled shall have a license in force, as is hereinafter required, and privileges of the no others, shall be deemed ships or vessels of the United States, entitled coasting trade. Act of Sept. 1, to the privileges of ships or vessels employed in the coasting trade or fisheries.

1789, ch. 11.

Ships to pos

sess the requi- SEC. 2. That in order for the enrolment of any ship or vessel, she shall sites required by possess the same qualifications, and the same requisites, in all respects, a certain act, to shall be complied with, as are made necessary for registering ships or ves

obtain enrol

ment.

Dec. 31, 1792,

1812, ch. 40.

Form of en

sels by the act, intituled "An act concerning the registering and record-
ing of ships or vessels," and the same duties and authorities are hereby ch. 1.
given and imposed on all officers, respectively, in relation to such enrol-
ments, and the same proceedings shall be had, in similar cases, touching
such enrolments; and the ships or vessels so enrolled, with the master, or
owner or owners thereof, shall be subject to the same requisites, as are in
those respects provided for vessels registered by virtue of the aforesaid
act; the record of which enrolment shall be made, and an abstract or
copy thereof granted, as, nearly as may be, in the form following: "En-
rolment in conformity to an act of the Congress of the United States of rolment.
America, intituled 'An act for enrolling and licensing ships or vessels, to
be employed in the coasting trade and fisheries, and for regulating the
same, [inserting here, the name of the person, with his occupation and place of
abode, by whom the oath or affirmation is to be made,] having taken and sub-
scribed the oath (or affirmation) required by this act, and having sworn
(or affirmed) that he (or she, and if more than one owner, adding the words
"together with," and the name or names, occupation or occupations, place
or places of abode, of the owner or owners) is, (or are) a citizen (or citi-
zens) of the United States, and sole owner (or owners) of the ship or ves-
sel, called the [inserting here her name] of [inserting here the name of the
port to which she may belong] whereof [inserting here the name of the
master] is at present master, and is a citizen of the United States, and
that the said ship or vessel was [inserting here when and where built] and
[inserting here the name and office, if any, of the person by whom she shall
have been surveyed, or admeasured] having certified, that the said ship or
vessel has [inserting here the number of decks] and [inserting here the
number of masts] and that her length is [inserting here the number of feet]
her breadth [inserting here the number of feet] her depth [inserting here
the number of feet] and that she measures [inserting here her number of
tons] that she is [describing here, the particular kind of vessel, whether
ship, brigantine, snow, schooner, sloop, or whatever else, together with her
built, and specifying, whether she has any or no gallery or head] and the
said [naming the owner, or the master, or other person acting in behalf of
the owner or owners, by whom the certificate of admeasurement shall have
been countersigned] having agreed to the description and admeasurement
above specified, and sufficient security having been given, according to
the said act, the said ship or vessel has been duly enrolled, at the port of
[naming the port where enrolled.] Given under my hand and seal, at
[naming the said port] this [inserting the particular day] day of [naming
the month] in the year, [specifying the number of the year, in words at
length.]"

1798, ch. 77, sec. 2.

On what conditions collectors may enroll ves

Vessels may be registered on

SEC. 3. That it shall and may be lawful for the collectors of the several districts, to enroll and license any ship or vessel, that may be registered, upon such registry being given up, or to register any ship or vessel that sels. may be enrolled, upon such enrolment and license being given up. And when any ship or vessel shall be in any other district than the one to giving up enrolwhich she belongs, the collector of such district, on the application of the ment. master or commander thereof, and upon his taking an oath or affirmation, that according to his best knowledge and belief, the property remains, as expressed in the register or enrolment proposed to be given up, and upon his giving the bonds required for granting registers, shall make the exchanges aforesaid; but in every such case, the collector, to whom the register, or enrolment and license may be given up, shall transmit the same enrolment to be to the register of the treasury; and the register, or enrolment and license, the register of granted in lieu thereof, shall, within ten days after the arrival of such ship the Treasury. or vessel within the district, to which she belongs, be delivered to the collector of the said district, and be by him cancelled. And if the said masPenalty on failure to deliver ter or commander shall neglect to deliver the said register, or enrolment up enrolment and license, within the time aforesaid, he shall forfeit one hundred dollars. and license.

In such cases

transmitted to

Licenses for

carrying on the coasting trade. 1846, ch. 60.

Penalty on

vessel contrary to the laws of the U. States.

SEC. 4. That in order to the licensing of any ship or vessel, for carrying on the coasting trade or fisheries, the husband, or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become bound to pay to the United States, if such ship or vessel be of the burthen of five tons, and employing such less than twenty tons, the sum of one hundred dollars; and if twenty tons, and not exceeding thirty tons, the sum of two hundred dollars; and if above thirty tons, and not exceeding sixty tons, the sum of five hundred dollars; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such ship or vessel has been employed in any trade, whereby the revenue of the United States has been defrauded during the time the license granted to such ship or vessel remained in force; and the master of such ship or vessel shall also swear, or affirm, that he is a citizen of the United States, and that such license shall not be used for any other vessel, or any other employment, than that for which it is specially granted, or in any trade or business, whereby the revenue of the United States may be defrauded; and if such ship or vessel be less than twenty tons' burthen, the husband or managing owner shall swear or affirm, that she is wholly the property of a citizen or citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port, whereto such ship or vessel may belong, (the duty of six cents per ton being first paid,) to grant a license, in the form following: "License for carrying on the [here insert coasting trade, whale fishery, or cod fishery, as the case may be.]

Form of li

cense.

Form of license to coasting vessels.

How far li

deemed in force

"In pursuance of an act of the Congress of the United States of America, intituled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same," [inserting here the name of the husband or managing owner, with his occupation and place of abode, and the name of the master, with the place of his abode,] having given bond, that the [insert here the description of the vessel, whether ship, brigantine, snow, schooner, sloop, or whatever else she may be,] called the [insert here, the vessel's name,] whereof the said [naming the master] is master, burthen [insert here, the number of tons, in words] tons, as appears by her enrolment, dated at [naming the district, day, month, and year, in words at length, (but if she be less than twenty tons, insert, instead thereof) proof being had of her admeasurement] shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any other vessel, or for any other employment, than is herein specified, license is hereby granted for the said [inserting here, the description of the vessel] called the [inserting here the vessel's name] to be employed in carrying on the [inserting here, coasting trade, whale fishery, or cod fishery, as the case may be] for one year* from the date hereof, and no longer : Given under my hand and seal, at [naming the said district] this [inserting the particular day] day of [naming the month] in the year [specifying the number of the year in words at length.]"

SEC. 5. That no license, granted to any ship or vessel, shall be concenses shall be sidered in force, any longer than such ship or vessel is owned, and of the as long as the description set forth in such license, or for carrying on any other business vessel shall be or employment, than that for which she is specially licensed,† and if any owned and em- ship or vessel be found with a forged or altered license, or making use of ployed according to its terms. a license granted for any other ship or vessel, such ship or vessel, with her tackle, apparel, and the cargo found on board her, shall be forfeited.

SEC. 6. That every ship or vessel of twenty tons or upwards (others

*See act of July 16, 1798, ch. 77, § 2.

† See act of April 20, 1886, ch. 55.

Certain ves

sels not com

duties.

than such as are registered) found trading between district and district, or between different places in the same district, or carrying on the fishery, plying with this without being enrolled and licensed, or if less than twenty tons, and not act less than five tons, without a license, in manner as is provided by this act, such ship or vessel, if laden with goods the growth or manufacture of the United States only (distilled spirits excepted) or in ballast, shall pay the to pay foreign same fees and tonnage in every port of the United States, at which she may arrive, as ships or vessels not belonging to a citizen or citizens of the United States, and if she have on board any articles of foreign growth or manufacture, or distilled spirits, other than sea-stores, the ship or vessel, together with her tackle, apparel, and furniture, and the lading found on board, shall be forfeited: Provided, however, if such ship or vessel be at sea, at the expiration of the time for which the license was given, and the master of such ship or vessel shall swear or affirm that such was the case, and shall also within forty-eight hours after his arrival deliver to the collector of the district in which he shall first arrive the license which shall have expired, the forfeiture aforesaid shall not be incurred, nor shall the ship or vessel be liable to pay the fees and tonnage aforesaid.

Such ship or

vessel to be for

feited.

Collectors to

SEC. 7. That the collector of each district shall progressively number the licenses by him granted, beginning anew at the commencement of number licenses. each year, and shall make a record thereof in a book, to be by him kept for that purpose, and shall, once in three months, transmit to the register To transmit of the treasury, copies of the licenses which shall have been so granted granted by him copies of licenses by him; and also of such licenses, as shall have been given up or re- to the register of turned to him, respectively, in pursuance of this act. And where the Treasury. any ship or vessel shall be licensed or, enrolled anew, or, being licensed or enrolled, shall afterwards be registered, or being registered, shall afterwards be enrolled or licensed, she shall, in every such case, be enrolled, licensed or registered by her former name.

Vessels before

Proviso.

SEC. 8. That if any ship or vessel, enrolled or licensed, as aforesaid, shall proceed on a foreign voyage, without first giving up her enrolment proceeding on a foreign voyage, and license, to the collector of the district comprehending the port, from failing to give up which she is about to proceed on such foreign voyage, and being duly enrolment and obtain register, registered by such collector, every such ship or vessel, together with her tackle, apparel and furniture, and the goods, wares and merchandise, so imported therein, shall be liable to seizure and forfeiture: Provided to be forfeited. always, if the port, from which such ship or vessel is about to proceed on such foreign voyage, be not within the district, where such ship or vessel is enrolled, the collector of such district shall give to the master of such ship or vessel a certificate, specifying that the enrolment and license of such ship or vessel is received by him, and the time when it was so received; which certificate shall afterwards be delivered by the said master to the collector, who may have granted such enrolment and license.

SEC. 9. That the license, granted to any ship or vessel shall be given up to the collector of the district, who may have granted the same, within Forfeiture on three days after the expiration of the time, for which it was granted, in neglecting to give up license, case such ship or vessel be then within the district, or if she be absent, about to expire.' at that time, within three days from her first arrival within the district afterwards, or if she be sold out of the district, within three days after the arrival of the master within any district, to the collector of such district, taking his certificate therefor; and if the master thereof shall neglect, or refuse to deliver up the license, as aforesaid, he shall forfeit fifty Forfeiture not dollars; but if such license shall have been previously given up to the license proved to collector of any other district, as authorized by this act, and a certificate have been misthereof under the hand of such collector, be produced by such master, or if such license be lost, or destroyed, or unintentionally mislaid, so that it cannot be found, and the master of such ship or vessel shall make and subscribe an oath or affirmation, that such license is lost, destroyed, or

to be incurred if

laid.

unintentionally mislaid, as he verily believes, and that the same, if found, shall be delivered up, as is herein required, then the aforesaid penalty shall not be incurred. And if such license shall be lost, destroyed, or unA new license intentionally mislaid, as aforesaid, before the expiration of the time for to be given. which it was granted, upon the like oath or affirmation being made and subscribed by the master of such ship or vessel, the said collector is hereby authorized and required, upon application being made therefor, to license such ship or vessel anew.

cense, and ob

SEC. 10. That it shall and may be lawful for the owner or owners of When owners any licensed ship or vessel, to return such license to the collector who may cancel li- granted the same at any time within the year, for which it was granted, who shall thereupon cancel the same and shall license such vessel anew, upon the application of the owner or owners, and upon the conditions hereinbefore required being complied with.

tain new ones.

Last clause repealed, 1866, ch. 201, § 43.

Name and port

the stern.

[And in case the term for which the former license was granted shall not be expired, an abatement of the tonnage of six cents per ton shall be made, in the proportion of the time so unexpired.]

SEC. 11. That every licensed ship or vessel shall have her name, and to be painted on the port to which she belongs painted on her stern, in the manner as is provided for registered ships or vessels,* and if any licensed ship or vessel be found, without such painting, the owner or owners thereof shall pay twenty dollars.

Proceedings

on change of masters of licensed vessels.

Forfeiture in case of neglect.

SEC. 12. That when the master of any licensed ship or vessel, ferryboats excepted, shall be changed, the new master, or, in case of his absence, the owner or one of the owners thereof, shall report such change to the collector residing at the port where the same may happen, if there be one, otherwise, to the collector residing at any port where such ship or vessel may next arrive, who, upon the oath or affirmation of such new master, or in case of his absence, of the owner or one of the owners, that he is a citizen of the United States, and that such ship or vessel shall not, while such license continues in force, be employed in any manner, whereby the revenue of the United States may be defrauded, shall indorse such change on the license, with the name of the new master; and when any change shall happen, as aforesaid, and such change shall not be reported, and the indorsement made of such change, as is herein required, such ship or vessel, found carrying on the coasting trade or fisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States, having a register, and the said new master shall forfeit and pay the sum of ten dollars.

By whom enSEC. 13. That it shall be lawful, at all times, for any officer concerned rolments may be in the collection of the revenue, to inspect the enrolment or license of any inspected. ship or vessel; and if the master of any such ship or vessel shall not exhibit the same, when thereunto required by such officer, he shall pay one hundred dollars.

Duty of masSEC. 14. That the master or commander of every ship or vessel licensed ters of licensed for carrying on the coasting trade, destined from a district in one state, to coasting vessels, a district in the same, or an adjoining state on the sea-coast, or on a navhaving on board distilled spirits, igable river, having on board either distilled spirits in casks exceeding

&c.

five hundred gallons, wine in casks exceeding two hundred and fifty gallons, or in bottles exceeding one hundred dozens, sugar in casks or boxes exceeding three thousand pounds, tea in chests or boxes exceeding five hundred pounds, coffee in casks or bags exceeding one thousand pounds, or foreign merchandise in packages, as imported, exceeding in value four hundred dollars, or goods, wares or merchandise, consisting of such enumerated or other articles of foreign growth or manufacture, or of both, whose aggregate value exceeds eight hundred dollars, shall, previous to

* See acts December 31, 1792, ch. 1, § 3, and May 5, 1864, ch. 78.

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