No. 61.- MARCH 3, 1805. CHAP. XL. - An Act to amend an Act intituled "An Act for imposing more specific Stat. at Large, Duties on the Importation of certain Articles, and also for levying and collecting Light Vol. II. p. 339. Money on foreign Ships or Vessels, and for other Purposes." The sixth section of act for imposing more operate upon Be it enacted, &c. That the sixth section of the act, intituled "An act for imposing more specific duties on the importation of certain articles ; and also for levying and collecting light money on foreign ships or vessels, specific duties, and for other purposes," shall not be deemed to operate upon unregistered &c. &c. not to ships or vessels, owned by citizens of the United States, in those cases, unregistered veswhere such ship or vessel is in possession of a sea letter, or other regular sels of U. States, document, issued from a custom-house of the United States, proving such if possessed. boi a fide, of sea ship or vessel to be American property: Provided, however, that upon the letters, &c. entry of every such ship or vessel from any foreign port or place, if the Act of March same shall be at the port or place at which the owner, or any of the part 27, 1804, ch. 57. If entry of any owners reside, such owner or part owners shall make oath or affirmation, such ship or vesthat the sea letter or other regular document possessed by such ship or sel shall be made vessel, contains the name or names of all the persons who are then owners the owner reat the port where of the said ship or vessel; or if any part of such ship or vessel has been sides, he shall sold or transferred since the date of such sea letter or document, that such make oath or is the case, and that no foreign subject or citizen hath, to the best of his the sea letter knowledge and belief, any share, by way of trust, confidence or otherwise, contains the in such ship or vessel. And if the owner, or any part owner, shall not reside at the port or place, at which such ship or vessel shall enter, then owner or part the master or commander shall make oath or affirmation to the like effect. owner of the vessel. And if the owner or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges granted by this act. affirmation that names of every person who is CHAP. IV. No. 62. JANUARY 22, 1806. - An Act to provide for Lighthouses in Long Island Sound; and to declare Roxbury, in the State of Massachusetts, to be a Port of Delivery. Stat. at Large, Vol. II. p. 349. Roxbury, in SEC. 3. That the town or landing place of Roxbury, in the State of Massachusetts, shall be a port of delivery, to be annexed to the district Massachusetts, of Boston and Charlestown, and shall be subject to the same regulations the district of and restrictions, as other ports of delivery in the United States. CHAP. XIV. An Act to extend Jurisdiction in certain Cases to State Judges and State Courts. to be annexed to Boston and 1799, ch. 22. Stat. at Large, Vol. II. p. 354. Jurisdiction given to certain State courts in revenue laws of 51. See 1808, ch. Be it enacted, &c. That the respective county courts within, or next adjoining the revenue districts herein after mentioned, shall be and are hereby authorized to take cognizance of all complaints and prosecutions cases of forfeitfor fines, penalties, and forfeitures, arising under the revenue laws of the ures and penalUnited States, in the districts of Champlain, Sacket Harbor, Oswego, ties under the Gennessee, Niagara, and Buffaloe Creek, in the State of New York, and the U. S. in the district of Presque Isle, in the State of Pennsylvania, and the district attorneys of New York and Pennsylvania, respectively, are hereby authorized and directed to appoint, by warrant, an attorney as their substitute or deputy, respectively, to prosecute for the United States in each of the said county courts, who shall be sworn or affirmed to the faithful execution of his duty, as prosecutor aforesaid: Provided, That this authority shall not be construed to extend jurisdiction to the county courts aforesaid, over any civil cause, which may arise in any of those revenue districts, for the collection of duties payable to the United States; or of Criminal jurisdiction in cer tain cases con courts. Powers given by the act of March 3, 1797, ch. 13, for the remission of forfeitures, to the judges of State bonds or securities given for the security and payment of duties to the United States. SEC. 2. That the county courts aforesaid, or the first judge of each of said courts, shall be, and hereby are further authorized to exercise all ferred upon the and every power in the cases of a criminal nature, cognizable before them by virtue of the first section of this act, for the purpose of obtaining a mitigation or. remission of any fine, penalty, or forfeiture, which may be exercised by the judges of the district courts, in cases depending before them by virtue of the law of the United States, passed on the third of March, one thousand seven hundred and ninety-seven, intituled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned." And in the exercise of the authority, by this section given to said county courts, or to the first judges thereof, they shall be governed in every respect by the regulations, restrictions and provisoes of the law of the United States, passed on the third of March, one thousand seven hundred and ninety-seven, aforesaid; with this difference only, that instead of notifying the district attorneys, respectively, said county courts, or the first judges thereof, as the case may be, shall, before exercising said authorities, cause reasonable notice to be given to the attorney who may have been appointed and sworn or affirmed to prosecute for the United States, in such court, that he may have an opportunity of showing cause against the mitigation or remission of such fine, penalty, or forfeiture. courts. Stat. at Large, CHAP. XLI. — An Act to regulate and fix the Compensation of Clerks, and to authorize Vol. II. p. 397. the laying out certain Public Roads; and for other Purposes. SEC. 6. That hereafter, in case of the removal of any public office, by reason of sickness, which may prevail in the town or city where such office is located, a particular account of the cost of such removal shall be laid before Congress, that they may be enabled to judge of the proper sum to be allowed for the same. Stat. at Large, CHAP. XLV.- An Act to amend, in the Cases therein mentioned, the "Act to regulate the Collection of Duties on Imports and Tonnage." Vol. II. p. 399. 1799, ch. 22. Collector of Great Egg Harbor may reside anywhere in his district approved of by the Secre tary of the Treasury. Town of Da rien in Georgia made a port of delivery, to be annexed to the Be it enacted, &c. That so much of the "Act to regulate the collection of duties on imports and tonnage," as requires the collector for the district of Great Egg Harbor, in the State of New Jersey, to reside at Somer's Point, be, and the same hereby is repealed; and the said collector shall reside at such place within said district, as may be directed by the Secretary of the Treasury. SEC. 2. That the town or landing place of Darien, on the Alatamaha river in the State of Georgia, shall be a port of delivery, to be annexed to the district of Brunswick, and shall be subject to the same regulations and restrictions as other ports of delivery in the United States; and a surveyor shall be appointed to reside at the said port of delivery, who See 1818, ch. 14. shall be entitled to receive one hundred dollars, annual salary, together with the other emoluments of office, as fixed by existing laws. district of Brunswick. Ocracocke in olina, made the SEC. 3. That Ocracocke inlet, in North Carolina, together with Shell let in North Car- Castle and Beacon islands, and all the shores, islands, shoals, bays and waters within two miles of the shores of said inlet, on each side thereof, shall be a district, to be called the district of Ocracocke; the President of Port of entry the United States shall be authorized to designate such place in the said to be designated by the President. district, as he shall think proper, to be the port of entry; and a collector Collector to for said district shall be appointed to reside at such port of entry, who, in reside there. ship His compensa Duties on lected. Office of sur veyor of Beacon island abolished. addition to his other emoluments, shall be entitled to receive the salary now 1799, ch. 22. ६ Stat. at Large, Vol. II. p. 413. President of cause a survey CHAP. VIII. An Act to provide for surveying the Coasts of the United States.* Be it enacted, &c. That the President of the United States shall be, and he is hereby authorized and requested, to cause a survey to be taken of the U. States the coasts of the United States, in which shall be designated the islands authorized to and shoals, with the roads or places of anchorage, within twenty leagues of the coast of of any part of the shores of the United States; and also the respective the U. States to courses and distances between the principal capes, or head lands, together be made, and an with such other matters as he may deem proper for completing an accu- to be prepared. rate chart of every part of the coasts within the extent aforesaid. † accurate chart President also authorized to cause examina SEC. 2. That it shall be lawful for the President of the United States tions to be made with respect to St. George's President au SEC. 3. That the President of the United States shall be, and he is thorized to hereby authorized and requested, for any of the purposes aforesaid, to cause proper cause proper and intelligent persons to be employed, and also such of the person to be employed, and public vessels in actual service, as he may judge expedient, and to give such of the pubsuch instructions for regulating their conduct as to him may appear proper, may be wanted, according to the tenor of this act. lic vessels as &c. Coast Survey. By an act for the repeal of part of this act, passed April 14, 1818, chap. 58, no persons but those belonging to the army and navy are to be employed in the coast survey. By the 1st section of the act of June 17, 1844, chap. 65, officers of the army and navy shall, as far as practicable, be employed in the coast survey, wherever, and in the manner required by the department having charge thereof. By an act passed June 3, 1844, maps and charts of the survey of the coast are to be disposed of at such prices as may be fixed by the Secretary of the Treasury; and copies of the same shall be presented to foreign governments, departments of our own government, and literary and scientific associations. To include the coasts of Florida; act of 1832, ch. 191, § 1, 4 Stat. 570-1. And the act of 1850, ch. 77, § 8 (9 Stat. 504), authorized a steamer to be employed in the coast survey upon the Pacific coast. Stat. at Large, CHAP. XIV. Vol. II. p 418. Act of March 2, 1799, ch. 22, sec. 17. Act of March 2, 1811, ch. 33, sec. 7. Additions to Mississippi dis trict. Surveyors for Pittsburg, &c. But see 1822, ch. 107, § 3, and 1831, ch. 87, § 1. Their powers and emoluments. Permanent registers to be issued by the collector of Mississippi. Proviso. Repeal of any act making sep No. 67. - FEBRUARY 13, 1807. An Act to annex certain Shores and Waters to the District of Mississippi; and to authorize the building a Custom-House at New Orleans. Be it enacted, &c. That all the shores and waters of the river Ohio, and of the several rivers and creeks emptying into the same; and also, all the shores and waters of the rivers which empty into the river Mississippi, or any of its branches, be, and the same are hereby annexed to, and shall make part of the district of Mississippi. SEC. 2. That a surveyor shall be appointed for each of the following towns or places, that is to say; Pittsburg, Charlestown, Marietta, Cincinnati, Limestone, Louisville, Massac, and Natchez, who shall be authorized to grant temporary registers to vessels of the United States, in the same manner and on the same terms and conditions as may be done by the collectors of the several districts of the United States; and each of the said surveyors, besides the fees paid in relation to the admeasurement, and registering of vessels, shall receive an annual salary of one hundred and fifty dollars. SEC. 3. That the collector of the district of Mississippi shall, on the sur render of any temporary register, granted to a vessel of the United States as aforesaid, issue a permanent register for such vessel: Provided, That the master of such vessel shall take the usual oath, and perform all the other conditions required by the registering act, except that he shall not be obliged to give any new bond to the said collector. SEC. 4. That so much of any act or acts as erects any of the shores or arate districts of waters, annexed by this act to the Mississippi district, into separate districts, be, and the same is hereby repealed. the shores and waters referred to. Stat. at Large, CHAP. XIX. Vol. II. p. 422. Costs to be paid by claim ants when there ·An Act respecting Seizures made under the Authority of the United States, and for other Purposes. Be it enacted, &c. That when any prosecution shall be commenced on account of the seizure of any ship or vessel, goods, wares, or merchandise, was a reasonable made by any collector or other officer, under any act of Congress authorcause for seizure. izing such seizure, and judgment shall be given for the claimant or claimants, if it shall appear to the court before whom such prosecution shall be tried, that there was a reasonable cause of seizure, the said court shall cause a proper certificate or entry to be made thereof: and in such case the claimant or claimants shall not be entitled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to action, suit or judgment on account of such seizure and prosecution: Provided, That the ship or vessel, goods, wares, or merchandise be, after judgment, forthwith returned to such claimant or claimants, his, her, or their agent or agents. Proviso. Stat. at Large, Vol. II. p. 426. Act of March 22, 1794, ch. 11. Vessels may be seized, having slaves on board. CHAP. XXII. - An Act to prohibit the Importation of Slaves into any Port or Place within the Jurisdiction of the United States, from and after the first day of January, in the Year of our Lord one thousand eight hundred and eight. SEC. 7. That if any ship or vessel shall be found, from and after the first day of January, one thousand eight hundred and eight, in any river, port, bay, or harbor, or on the high seas, within the jurisdictional limits of the United States, or hovering on the coast thereof, having on board any negro, mulatto, or person of color, for the purpose of selling them as slaves, or with intent to land the same, in any port or place within the jurisdiction of the United States, contrary to the prohibition of this act, forfeited to the the U. States Penalties, fine ment. every such ship or vessel, together with her tackle, apparel, and furniture, and the goods or effects which shall be found on board the same, Vessels seized shall be forfeited to the use of the United States, and may be seized, pros- use of the Unitecuted, and condemned, in any court of the United States, having juris- ed States. diction thereof. And it shall be lawful for the President of the United Naval force of States, and he is hereby authorized, should he deem it expedient, to cause may be emany of the armed vessels of the United States to be manned and employed ployed for the to cruise on any part of the coast of the United States, or territories there- purpose of enforcing this act. of, where he may judge attempts will be made to violate the provisions of this act, and to instruct and direct the commanders of armed vessels of the United States, to seize, take, and bring into any port of the United States all such ships or vessels, and moreover to seize, take, and bring into any port of the United States all ships or vessels of the United States, wheresoever found on the high seas, contravening the provisions of this act, to be proceeded against according to law, and the captain, master, or commander of every such ship or vessel, so found and seized as aforesaid, shall be deemed guilty of a high misdemeanor, and shall be liable to be prosecuted before any court of the United States, having jurisdiction thereof; and being thereof convicted, shall be fined not exceeding ten thousand dollars, and be imprisoned not less than two years, and not ex- and imprisonceeding four years. And the proceeds of all ships and vessels, their tackle, apparel, and furniture, and the goods and effects on board of them, which prizes divided shall be so seized, prosecuted and condemned, shall be divided equally be- between the U. tween the United States and the officers and men who shall make such officers and men seizure, take, or bring the same into port for condemnation, whether such making the seizure be made by an armed vessel of the United States, or revenue cutters thereof, and the same shall be distributed in like manner, as is provided by law, for the distribution of prizes taken from an enemy: Provided, That the officers and men, to be entitled to one half of the proceeds aforesaid, shall safe keep every negro, mulatto, or person of color, found on board of any ship or vessel so by them seized, taken, or brought into port for condemnation, and shall deliver every such negro, mulatto, or person of color, to such person or persons as shall be appointed by the respective States, to receive the same; and if no such person or persons by the respecshall be appointed by the respective States, they shall deliver every such negro, mulatto, or person of color, to the overseers of the poor of the port or place where such ship or vessel may be brought or found, and shall immediately transmit to the governor or chief magistrate of the State, an account of their proceedings, together with the number of such negroes, mulattoes, or persons of color, and a descriptive list of the same, that he may give directions respecting such negroes, mulattoes, of the respective or persons of color. Proceeds of States and the seizures. Every negro and mulatto found on board any vessel captured to be de livered to persons appointed tive States to re ceive them. An account to be transmitted to the governors States. CHAP. XXX. An Act repealing the Acts laying Duties on Salt, and continuing in Stat. at Large, Force, for a further Time, the first Section of the Act, intituled "An Act further to pro- Vol. II. p. 436. tect the Commerce and Seamen of the United States, against the Barbary Powers." SEC. 2. That so much of any act as allows a bounty on exported salt Bounties on provisions and pickled fish, in lieu of drawback of the duties on the salt salt provisions and pickled fish employed in curing the same, and so much of any act as makes allowance taken off. to the owners and crews of fishing vessels, in lieu of drawback of the See vol. i. 27, duties paid on the salt used by the same, shall be, and the same hereby is 260, 533, 693. repealed: |