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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. On fraudulent- Sec. 27. That if any certificate of registry, or record, shall be frauduby using certifi- lently or knowingly used for any ship or vessel, not then actually entitled cate
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. On making Sec. 28. That if any person or persons shall falsely make oath or false oath.
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 in
curred by persons committing wilful and corrupt perjury; and that if any 1790, ch.9,
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. Penalties how Sec 29. That all the penalties and forfeitures, which may be incurred, recovered and disposed of.
for offences against this act, shall and may be sued for, prosecuted and 1790, ch. 35.
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 &c.
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.
When this act
No. 13. — FEBRUARY 18, 1793. Stat. at Large, CHAP. VIII. – An Act for enrolling and licensing Ships or Vessels to be employed in the Vol. I. p. 305.
Coasting Trade and Fisheries, and for regulating the same. What ships Sec. 1. Be it enacted, &c. That ships or ves
vessels, enrolled by virtue shall be deemed of “ An act for registering and clearing vessels, regulating the coasting States. 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 der 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 1789, ch. 11.
fisheries. Ships to possess 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 vesobtain enrolment.
sels by the act, intituled "An act concerning the registering and record- Dec. 31, 1792, ing of ships or vessels,” and the same duties and authorities are hereby given and imposed on all officers, respectively, in relation to such enrol- 1812, ch. 40. 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- Form of enrolment 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, [insertinghere, 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 subscribed the oath (or afirmation) 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 citizens) of the United States, and sole owner (or owners) of the ship or vessel, 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 surreyed, 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 1798, ch. 77, length.]”
Sec. 3. That it shall and may be lawful for the collectors of the several On what condistricts, to enroll and license any ship or vessel, that
ditions collectors may be registered,
may enroll vesupon such registry being given up, or to register any ship or vessel that sels.
Vessels may may be enrolled, upon such enrolment and license being given up. And
be registered on 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 mas- Penalty 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
Licenses for Sec. 4. That in order to the licensing of any ship or vessel, for carrycarrying on the ing on the coasting trade or fisheries, the husband, or managing owner, to"1846, ch. 60. gether with the master thereof, with one or more sureties to the satisfac
tion of the collector granting the same, shall become bound to pay to the Penalty on United States, if su 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 to the laws of tons, and not exceeding thirty tons, the sum of two hundred dollars ; and the U. States.
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,) Form of li
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 Form of license to coasting
" In pursuance of an act of the Congress of the United States of vessels. 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 [specify
ing the number of the year in words at length.]” How far li- 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, 1836, ch. 55.
vessel to be for-
than such as are registered) found trading between district and district, Certain vesor between different places in the same district, or carrying on the fishery, sels not como
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 duties. 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 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.
Sec. 7. That the collector of each district shall progressively number Collectors to 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 bim 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 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 any the Treasury. 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.
SEC. 8. That if any ship or vessel, enrolled or licensed, as aforesaid, Vessels before shall proceed on a foreign voyage, without first giving up her enrolment proceeding on a 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.
Proviso. 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 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 neg. lect, 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
unintentionally mislaid, as he verily believes, and that the same, if found,
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
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,
hereinbefore required being complied with.
[And in case the term for which the former license was granted shall not be 201, \ 43.
expired, an abatement of the tonnage of six cents per ton shall be made, in the
proportion of the time so unexpired.] Name and port
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 the stern.
provided for registered ships or vessels,* and if any licensed ship or ves-
twenty dollars. Proceedings
Sec. 12. That when the master of any licensed ship or vessel, ferry-
sence, the owner or one of the owners thereof, shall report such change to
indorse such change on the license, with the name of the new master; Forfeiture in and when any change shall happen, as aforesaid, and such change shall case of neglect. 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 fish-
pay the sum of ten dollars.
ship or vessel; and if the master of any such ship or vessel shall not ex-
hundred dollars. Duty of mas
Sec. 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 having on board a district in the same, or an adjoining state on the sea-coast, or on a navdistilled spirits, igable river, having on board either distilled spirits in casks exceeding &c.
five hundred gallons, wine in casks exceeding two hundred and fifty gal-
* See acts December 31, 1792, ch. 1, 3, and May 5, 1864, ch. 78.