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If persons summoned as garnishees de pose they are not indebted, issue may be tendered, and on judgment against them they are liable for costs.

said corporation, in the same manner as if it had been due and owing to the United States : Provided, That no judgment shall be entered against any garnishee, until after judgment shall have been rendered against the corporation defendant to the said action, nor until the sum in which the said garnishee may stand indebted be actually due.

Sec. 9. That where any person summoned as garnishee, shall depose in open court that he or she is not indebted to such corporation, nor was not, at the time of the service of the summons, it shall be lawful for the United States to tender an issue upon such demand, and if, upon the trial of such issue, a verdict shall be rendered against such garnishee, judgment shall be entered in favor of the United States, pursuant to such verdict, with costs of suit.

Sec. 10. That if any person summoned as garnishee under the provisions of this act, shall fail to appear at the term of the court to which he has been summoned, he shall be subject to attachment for contempt of the court.

No. 113. APRIL 20, 1818. Stat. at Large, CHAP. XCI. — An Act in Addition to An Act to prohibit the Introduction (Importation) Vol. III. p. 450. 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 Act of March

eight," and to repeal certain Parts of the Same. 2, 1807, ch. 22. Act of March

Be it enacted, 8c. That from and after the passing of this act, it shall not 8, 1819, ch. 77. be lawful to import or bring, in any manner whatsoever, into the United

Act of May States, or Territories thereof, from any foreign kingdom, place, or country, 15, 1820, ch. 113.

Negroes not any negro, mulatto, or person of color, with intent to hold, sell, or dispose to be imported, of, any such negro, mulatto, or person of color, as a slave, or to be held with intent to hold them as

to service or labor; and any ship, vessel, or other water craft, employed slaves.

in any importation as aforesaid, shall be liable to seizure, prosecution, and Vessels in

forfeiture, in any district in which it may be found; one half thereof to which they are imported forfeit- the use of the United States, and the other half to the use of him or them ed.

who shall prosecute the same to effect. No person to Sec. 2. That no citizen or citizens of the United States, or any other equip vessels for

person or persons, shall, after the passing of this act, as aforesaid, for himthe slave-trade in the ports of self, themselves, or any other person or persons whatsoever, either as the United master, factor, or owner, build, fit, equip, load, or otherwise prepare, any States.

ship or vessel, in any port or place within the jurisdiction of the United States, nor cause any such ship or vessel to sail from any port or place whatsoever, within the jurisdiction of the same, for the purpose of procuring any negro, mulatto, or person of color, from any foreign kingdom, place, or country, to be transported to any port or place whatsoever, to be

held, sold, or otherwise disposed of, as slaves, or to be held to service or Vessels labor; and if any ship or vessel shall be so built, fitted out, equipped, equipped for the laden, or otherwise prepared, for the purpose aforesaid, every such ship or slave-trade forfeited, &c. vessel, her tackle, apparel, furniture, and lading, shall be forfeited, one

Half to the moiety to the use of the United States, and the other to the use of the person suing, &c.

person or persons who shall sue for said forfeiture, and prosecute the same to effect ; and such ship or vessel shall be liable to be seized, prosecuted, and condemned, in any court of the United States having competent ju

risdiction. Persons con

Sec. 3. That every person or persons so building, fitting out, equipcerned in fitting ping, loading, or otherwise preparing, or sending away, or causing any of out vessels for the slave-trade,

the acts aforesaid to be done, with intent to employ such ship or vessel in &c. subject to à such trade or business, after the passing of this act, contrary to the true fine.

intent and meaning thereof, or who shall, in any wise, be aiding or abetting therein, shall, severally, on conviction thereof, by due course of law, forfeit and pay a sum not exceeding five thousand dollars, nor less than one thousand dollars, one moiety to the use of the United States, and the

to a fine and to

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other to the use of the person or persons who shall sue for such forfeiture
and prosecute the same to effect, and shall moreover be imprisoned for a Imprisonment,

&c.
term not exceeding seven years, nor less than three years.

Sec. 4. That if any citizen or citizens of the United States, or other Citizens or person or persons resident within the jurisdiction of the same, shall, from residents liable and after the passing of this act, take on board, receive, or transport, from

imprisonment, any of the coasts or kingdoms of Africa, or from any other foreign king- for transporting, dom, place, or country, or from sea, any negro, mulatto, or person of persons not held color, not being an inhabitant, nor held to service by the laws of either of by the laws of the States or Territories of the United States, in any ship, vessel, boat, or the United other water craft, for the purpose of holding, selling, or otherwise dispos

States, &c. ing of, such person as a slave, or to be held to service or labor, or be aiding or abetting therein, every such person or persons, so offending, shall, on conviction, by due course of law, severally forfeit and pay a sum not exceeding five thousand, nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect; and, moreover, shall suffer imprisonment, for a term not exceeding seven years nor less than three years; and every ship or vessel, . Vessel, &c. boat, or other water craft, on which such negro, mulatto, or person

of

forfeited.
color, shall have been taken on board, received, or transported, as afore-
said, her tackle, apparel, and furniture, and the goods and effects which
shall be found on board the same, or shall have been imported therein in
the same voyage, shall be forfeited, one moiety to the use of the United
States, and the other to the use of the person or persons who shall sue for
and prosecute the same to effect; and every such ship or vessel shall be
liable to be seized, prosecuted, and condemned, in any court of the United
States having competent jurisdiction.

Sec. 5. That neither the importer or importers, nor any person or per- Slaves im. sons claiming from or under him or them, shall hold any right, interest, ported in viola: or title whatsoever, in or to any negro, mulatto, or person of color, nor to to be disposed of the service or labor thereof, who may be imported or brought into the as the territorial United States or the Territories thereof in violation of the provisions of authorities may

& this act, but the same shall remain subject to any regulations, not contravening said provisions, which the legislatures of the several States or Territories may at any time heretofore have made, or hereafter may make, for disposing of any such negro, mulatto, or person of color.

Sec. 6. That if any person or persons whatsoever shall, from and after Persons the passing of this act, bring within the jurisdiction of the United States,

bringing in any in any manner whatsoever, any negro, mulatto, or person of color, from a foreign place,

negro, &c. from any foreign kingdom, place, or country, or from sea, or shall hold, sell

, or &c. or holding, otherwise dispose of, any such negro, mulatto, or person of color, so

selling, such ne

gro, &c. when brought in, as a slave, or to be held to service or labor, or be in any wise brought in, as a aiding or abetting therein, every person so offending shall, on conviction slave, forfeit not thereof by due course of law, forfeit and pay, for every such offence, a nor less than

more than ten, sum not exceeding ten thousand nor less than one thousand dollars, one one, tho nd moiety to the use of the United States, and the other to the use of the

subject to imperson or persons who shall sue for such forfeiture, and prosecute the same prisonment. to effect; and, moreover, shall suffer imprisonment, for a term not exceeding seven years nor less than three years.

Sec. 7. That if any person or persons whatsoever shall hold, purchase, . Persons holdsell

, or otherwise dispose of, any negro, mulatto, or person of color, for a ing; buying, or slave or to be held to service or labor, who shall have been imported or negro, &c. brought, in any way, from any foreign kingdom, place, or country, or brought as & from the dominions of any foreign state immediately adjoining to the

slave, in

any

way, from a United States, into any port or place within the jurisdiction of the United foreign place, States, from and after the passing of this act, every person so offending,

or from adjoinand every person aiding or abetting therein, shall severally forfeit and

ing foreign do

minions. pay, for every negro, mulatto, or person of color, so held, purchased, sold,

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dolls. and are

or disposed of, one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who may sue for

such forfeiture, and prosecute the same to effect, and to stand committed Proviso; the until the said forfeiture be paid : Provided, That the aforesaid forfeiture forfeiture not to shall not extend to the seller or purchaser of any negro, mulatto, or perextend to the seller or pur

son of color, who may be sold or disposed of in virtue of any regulations chaser of any

which have been heretofore, or shall hereafter be, lawfully made by any negro, &c. un

legislature of any State or Territory in pursuance of this act and the conder the lawful regulations of a

stitution of the United States. State, &c. Sec. 8. That in all prosecutions under this act, the defendant or de

Onus proban, fendants shall be holden to prove that the negro, mulatto, or person of di on the defendant.

color, which he or they shall be charged with having brought into the United States, or with purchasing, holding, selling, or otherwise disposing of, and which, according to the evidence in such case, the said defendant or defendants shall have brought in aforesaid, or otherwise disposed of, was brought into the United States at least five years previous to the commencement of such prosecution, or was not brought in, holden, pur

chased, or otherwise disposed of, contrary to the provisions of this act; In failure of and in failure thereof, the said defendant or defendants shall be adjudged proof the de.

guilty of the offence of which he or they may stand accused. fendant to be guilty.

Sec. 9. That any prosecution, information, or action, may be sustained, Prosecutions for any offence under this act, at any time within five years after, such may be sustained within

offence shall have been committed, any law to the contrary notwithfive years.

standing. The first six SEC. 10. That the first six sections of the act to which this is in addisections of the act of 2d March,

tion, shall be and the same are hereby repealed : Provided, That all 1807, repealed."' offences committed under the said sections of the act aforesaid, before the

Act of March passing of this act, shall be prosecuted and punished, and any forfeitures 2, 1807, ch. 22.

which have been incurred under the same shall be recovered and distributed, as if this act had not been passed.

Same;

No. 114. — APRIL 20, 1818. Stat. at Large, CHAP. CXIII. - An Act making the Port of Bath, in Massachusetts, a Port of Entry Vol. III. p. 464. for Ships or Vessels arriving from the Cape of Good Hope, and from Places beyond the

and for establishing a Collection District, whereof Belfast shall be the Port of

Entry. Bath, in Massa- Be it enacted, &c. That the port of Bath, in the State of Massachusetts, chusetts, made a be, and hereby is, made a port of entry for ships or vessels arriving from vessels, &c. ar. the Cape of Good Hope, and from places beyond the same. riving from the Sec. 2. That a collection district be and hereby is, established in the Cape of Good Hope, &c.

State of Massachusetts, which shall include all the ports and harbors on À collection the western shore of the Penobscot bay and river, from the town of Camdistrict estab- den to the town of Bangor, both inclusive ; and a collector shall be aplished.

A collector to pointed for the district, to reside at Belfast, which shall be the only port reside at Bel- of entry for said district.* fast, &c.

No. 115. FEBRUARY 20, 1819. Stat. at Large, CHAP. XXXVI. - An Act providing additional Penalties for false Entries for the Vol. III. p. 486.

Benefit of Drawback, or Bounty on Exportation. Act of March Be it enacted, &c. That in addition to the forfeitures and penalties 2, 1799, ch. 22; heretofore provided by law, for making a false entry with the collector of equal

any district, of any goods, wares, or merchandise, for the benefit of drawthe articles, for- back or bounty on exportation, the person making such false entry shall, feited by per- (except in the cases heretofore excepted by law,) forfeit and pay to the sons making false entry for United States a sum equal to the value of the articles mentioned or described in such entry; to be sued for, recovered, distributed, and accounted benefit of drawfor, in the manner prescribed by the act entitled “ An act to regulate the in addition to duties on imports and tonnage," passed on the second day of. March, one former penalties. thousand seven hundred and ninety-nine.

to the value of

* See act of March 2, 1831, ch. 76, $ 5.

No. 116. — March 2, 1819.

This section

CHAP. XLVI. - An Act regulating Passenger Ships and Vessels.

Stat. at Large,

Vol. III. p. 488. Be it enacted, &c. (That if the master or other person on board of any ship or vessel, owned in the whole or in part by a citizen or citizens of the United was repealed by States, or the Territories thereof, or by a subject or subjects, citizen or citizens, of act of 1848, ch. any foreign country, shall, after the first day of January next, take on board of 41, ý 10. such ship or vessel, at any foreign port or place, or shall bring or convey into the United States, or the Territories thereof, from any foreign port or place; or shall carry, convey, or transport, from the United [States, or the Territories thereof, to any foreign port or place, a greater number of passengers than two for every five tons of such ship or vessel, according to custom-house measurement, every such master, or other person so offending, and the owner or owners of such ship or vessels, shall severally forfeit and pay to the United States, the sum of one hundred and fifty dollars, for each and every passenger so taken on board of such ship or vessel over and above the aforesaid number of two to every five tons of such ship or vessel ; to be recovered by suit, in any circuit or district court of the United States, where the said vessel may arrive, or where the owner or owners aforesaid may reside : Provided, nevertheless, That nothing Proviso. in this act shall be taken to apply to the complement of men usually and ordinarily employed in navigating such ship or vessel.]

Sec. 2. That if the number of passengers so taken on board of any If the number ship or vessel as aforesaid, or conveyed or brought into the United States, exceeds two for or transported therefrom as aforesaid, shall exceed the said proportion of every five fons, two to every five tons of such ship or vessel by the number of twenty sėl is forfeited, passengers, in the whole, every such ship or vessel shall be deemed and and may be taken to be forfeited to the United States, and shall be prosecuted and tributed, &c.

prosecuted, disdistributed in the same manner in which the forfeitures and penalties are recovered and distributed under the provisions of the act entitled “ An 2,91799, ch. 22; act to regulate the collection of duties on imports and tonnage."

Sec. 4. That the captain or master of any ship or vessel arriving in the United States, or any of the Territories thereof, from any foreign place whatever, at the same time that he delivers a manifest of the cargo, and, if there be no cargo, then at the time of making report or entry of the ship or vessel, pursuant to the existing laws of the United States, shall also deliver and report, to the collector of the district in which such ship or vessel shall arrive, a list or manifest of all the passengers taken on

A list or maniboard of the said ship or vessel at any foreign port or place; in which list fest of all the or manifest it shall be the duty of the said master to designate, particular- delivered to the ly, the age, sex, and occupation, of the said passengers, respectively, the collector, &c.

Age, sex, and country to which they severally belong, and that of which it is their in

occupation, of tention to become inhabitants; and shall further set forth whether any, passengers, to and what number, have died on the voyage ; which report and manifest be designated, shall be sworn to by the said master, in the same manner as is directed country to which by the existing laws of the United States, in relation to the manifest of they belong, and the cargo, and that the refusal or neglect of the master aforesaid, to com

that where they

mean to reside; ply with the provisions of this section, shall incur the same penalties, dis- together with abilities, and forfeitures,

as are at present provided for a refusal or neglect what number to report and deliver a manifest of the cargo aforesaid.

the voyage. Sec. 5. That each and every collector of the customs, to whom such manifest or list of passengers as aforesaid shall be delivered, shall, quar- be laid before ter yearly, return copies thereof to the Secretary of State of the United Congress.

Act of March

91.

Statements to

States, by whom statements of the same shall be laid before Congress at each and every session.*

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ġ 11.

Stat. at Large.

CHAP. XLVIII. An Act supplementary to the Acts concerning the Coasting Trade. Vol. III. p. 492.

Be it enacted, 8c. That for the more convenient regulation of the Act of Feb. 18, 1793. ch. 8. coasting trade, the seacoast and navigable rivers of the United States be,

Act of May 7, and hereby are, divided into two † great districts; the first, to include all 1822, ch. 62,

the districts on the seacoast and navigable rivers, between the eastern The seacoast limits of the United States and the southern limits of Georgia, and the and navigable second, to include all the districts on the seacoast and navigable rivers, rivers of the United States

between the river Perdido and the western limits of the United States. divided into two SEC. 2. That every ship or vessel, of the burden of twenty tons or upgreat districts, wards, licensed to trade between the different districts of the United for the convenience of the States, shall be, and is hereby authorized to carry on such trade between coasting trade. the districts included within the aforesaid great districts, respectively, and

Licensed vessels, of 20 tons

between a State in one, and an adjoining State in another, great district, in and upwards, manner, and subject only to the regulations that are, now by law required may carry on trade between

to be observed by such ships or vessels, in trading from one district to the districts another in the same State, or from a district in one State to a district in within the great the next adjoining State, anything in any law to the contrary, notwithbetween a State standing. in one, and an Sec. 3. That every ship or vessel, of the burden of twenty tons or upadjoining State, wards, licensed to trade as aforesaid, shall be, and is hereby, required, in in another, great district, &c. trading from one to another great district, other than between a State in

one, and an adjoining State in another, great district, to conform to and Regulations to observe the regulations, that, at the time of passing this act, are required be observed.

to be observed by such vessels in trading from a district in one State to a

district in any other than an adjoining State. Trade between districts not in

Sec. 4. That the trade between the districts not included in either of cluded, &c. to the two great districts aforesaid, shall continue to be carried on in the be carried on as manner, and subject to the regulations, already provided for this purpose. already pro vided.

No. 118. - March 3, 1819. Stat. at Large, CHAP. LXXVII. – An Act to protect the Commerce of the United States, and punish Vol. III. p. 510.

the Crime of Piracy. I Act of March

Be it enacted, 8c. That the President of the United States be, and 3, 1819, ch. 101.

Act of May hereby is, authorized and requested to employ so many of the public 10, 1800, ch.

51. armed vessels, as, in his judgment, the service may require, with suitable Poresident may instructions to the commanders thereof, in protecting the merchant vessels lic armed vessels of the United States and their crews from piratical aggressions and depreto protect mer- dations. chant vessels. The President

Sec. 2. That the President of the United States be, and hereby is, authorized to in- authorized to instruct the commanders of the public armed vessels of the struct command- United States to subdue, seize, take, and send into any port of the United armed vessels to States, any armed vessel or boat, or any vessel or boat, the crew whereof take and send

shall be armed, and which shall have attempted or committed any piratical into port armed vessels, &c. aggression, search, restraint, depredation or seizure, upon any vessel of which have at the United States, or of the citizens thereof, or upon any other vessel ; tempted or com- and also to retake any vessel of the United States, or its citizens, which aggression, &c. may have been unlawfully captured upon the high seas.

Sections 2, 4, and 5 of this act seem to be still in force as to vessels trading to and from foreign contiguous territory north of the United States. See act of 1855, ch. 213, $$ 1, 11, and 19. See also acts of July 3, 1866, ch. 162, and July 25, 1866, ch. 234.

Amended by the act of May 7, 1822, ch. 62, $ 11, 80 as to make three great districts.
See supplementary act of August 5, 1861, ch. 48.

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