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giving the information thereof; the other half to the use of the United States.

Sec. 4. And be it further enacted, That in order to the registry of Registry how any ship or vessel, an oath or affirmation shall be taken and subscribed

to be obtained, by the owner, or by one of the owners thereof, before the officer author- substance of the ized to make such registry, who is hereby empowered to administer oath to be taken the same, declaring, according to the best of the knowledge and belief

before register

ing officer. of the person so swearing or affirming, the name of such ship or vessel, her burthen, the place where she was built, if built within the United States, and the year in which she was built; and if built within the United States, before the said sixteenth day of May, one thousand seven hundred and eighty-nine, that she was then owned wholly, or in part, by a citizen or citizens of the United States; and if not built within the said states, that she was, on the said sixteenth day of May, and ever since, hath continued to be, the entire property of a citizen or citizens of the United States; or that she was, at some time posterior to the Substance of time when this act shall take effect, (specifying the said time) captured oath for obtain: in war by a citizen or citizens of the said states, and lawfully condemned ships or vessels. as prize (producing a copy of the sentence of condemnation, authenticated in the usual forms) or that she has been adjudged to be forfeited for a breach of the laws of the United States, (producing a like copy of the sentence whereby she shall have been so adjudged) and declaring his or her name and place of abode, and if he or she be the sole owner of the said ship or vessel that such is the case; or if there be another owner or other owners, that there is or are such other owner or owners, specifying his, her, or their name or names, and place or places of abode, and that he, she, or they, as the case may be, so swearing or affirming, is or are citizens of the United States; and where an owner resides in a foreign country, in the capacity of a consul of the United States, or as an agent for, and a partner in, a house or co-partnership, consisting of citizens of the United States, and actually carrying on trade within the United States, that such is the case, and that there is no subject or citizen of any foreign prince or state, directly, or indirectly, by way of trust, confidence, or otherwise, interested in such ship or vessel, or in the profits, or issues thereof; and that the master, or commander thereof is a citizen, naming the said master, or commander, and stating the means whereby, or manner in which, he is so a citizen. And in case, any of the matters of fact, in the said oath or affirmation alleged, which shall be within the knowledge of the party, so swearing, or affirming, shall not be true, there shall be a forfeiture of the ship or Forfeiture of vessel, together with her tackle, furniture and apparel, in respect to vessel, &c. on which, the same shall have been made, or of the value thereof, to be

swearing false.

ly. recovered, with costs of suit, of the person, by whom such oath or affirmation shall have been made: Provided always, That if the master,

ered.

In what cases or person having the charge or command of such ship or vessel, shall be

masters of ves. within the district aforesaid, when application shall be made for register- sels, &c. shall ing the same, he shall, himself, make oath, or affirmation, instead of make oath as to the said owner, touching his being a citizen, and the means whereby, citizenship or manner in which, he is so a citizen; in which case, if what the said master, or person having the said charge or command, shall so swear or and, if not true, affirm, shall not be true, the forfeiture aforesaid shall not be incurred, to forfeit $ 1000. but he shall, himself, forfeit and pay, by reason thereof, the sum of one thousand dollars : And provided further, That in the case of a ship, or vessel, built within the United States, prior to the sixteenth day of May aforesaid, which was not then owned by a citizen or citizens of the United States, but which, by virtue of a transfer to such citizen or How the oath citizens, shall have been registered, pursuant to the act before mentioned, may be varied. the oath or affirmation, hereby required, shall and may be varied, acVol. I.-37

2 B

How recov

cording to the truth of the case, as often as it shall be requisite to grant

a new register for such ship or vessel. Like oath to Sec. 5. And be it further enacted, That it shall be the duty of every be taken by owner, resident within the United States, of any ship or vessel, to which other owners (if any) than the

a certificate of registry may be granted, (in case there be more than one applicant, &c. such owner) to transmit to the collector, who may have granted the

same, a like oath or affirmation with that herein before directed to be

taken and subscribed by the owner, on whose application, such certifiwithin 90 days. cate shall have been granted, and within ninety days after the same may

have been so granted; which oath or affirmation may, at the option of Before whom, the party, be taken and subscribed either before the said collector, or

before the collector of some other district, or a judge of the supreme, or

a district court of the United States, or of a superior court of original on failure, cer- jurisdiction of some one of the states. And if such oath or affirmation lificate of regis. shall not be taken, subscribed and transmitted, as is herein required, the try forfeited.

certificate of registry, granted to such ship or vessel, shall be forfeit and void.

Sec. 6. And be it further enacted, That before any ship or vessel Ships, &c. how shall be registered, she shall be measured by a surveyor, if there be one, and by whom or by the person he shall appoint, at the port or place where the said measured,

ship or vessel may be, and if there be none, by such person as the collector of the district, within which she may be, shall appoint, according to the rule prescribed by the forty-third section of 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.” And the officer, or per

son, by whom such admeasurement shall be made, shall, for the informa1790, ch. 35.

tion of, and as a voucher to the officer by whom the registry is to be certificate thereof given.

made, grant a certificate, specifying the built of such ship or vessel, her number of decks and masts, her length, breadth, depth, the number of tons she measures, and such other particulars as are usually descriptive of the identity of a ship or vessel; and that her name, and the place to which she belongs, are painted on her stern, in manner required by the third section of this act: which certificate shall be countersigned by an owner, or by the master of such ship or vessel, or by some other person who shall attend her admeasurement, on behalf of her owner or owners,

in testimony of the truth of the particulars therein contained; without In what cases, which, the said certificate shall not be valid. But in all cases, where a ships, &c. not to ship or vessel has before been registered, as a ship or vessel of the United be measured

States, it shall not be necessary to measure her anew, for the purpose of obtaining another register ; except such ship or vessel shall have undergone some alteration, as to her burthen, subsequent to the time of her

former registry Bonds, how Sec. 7. And be it further enacted, That, previous to the registry of and by whom any ship or vessel, the husband or acting and managing owner, together given, for faith. ful use of certi.

with the master thereof, and one or more sureties, to the satisfaction of ficate of regis. the collector of the district, whose duty it is to make such registry, shall

become bound to the United States, if such ship or vessel shall be of burthen not exceeding fifty tons, in the sum of four hundred dollars; if of burthen above fifty tons, and not exceeding one hundred, in the sum of eight hundred dollars; if of burthen above one hundred tons, and not exceeding two hundred, in the sum of twelve hundred dollars; if of burthen above two hundred tons, and not exceeding three hundred, in the sum of sixteen hundred dollars; and if of burthen exceeding three hundred tons, in the sum of two thousand dollars; with condition, in each case, that the certificate of such registry, shall be solely used for the ship, or vessel, for which it is granted, and shall not be sold, lent, or otherwise disposed of, to any person or persons whomsoever; and that, in case such ship or vessel shall be lost, or taken by an enemy, burnt, or

anew.

try, &c.

up, &c.

broken up, or shall be otherwise prevented from returning to the port to which she may belong, the said certificate, if preserved, shall be delivered up, within eight days after the arrival of the master, or person, having the charge or command of such ship or vessel, within any district In what case of the United States, to the collector of such district: And that if any certificate of foreigner, or any person or persons, for the use and benefit of such for registry given eigner, shall purchase, or otherwise become entitled to the whole, or any part or share of, or interest in, such ship or vessel, the same being within a district of the United States, the said certificate shall, in such case, within seven days after such purchase, change, or transfer of property, be delivered up to the collector of the said district; and that if any such purchase, change, or transfer of property, shall happen, when such ship or vessel shall be at any foreign port or place, or at sea, then the said master, or person having the charge or command thereof, shall, within eight days after his arrival within any district of the United States, deliver up the said certificate to the collector of such district; and every such certificate, so delivered up, shall be forthwith transmitted to the register of the treasury, to be cancelled, who, if the same shall have been delivered up to a collector, other than of the district in which it was granted, shall cause notice of such delivery to be given to the collector of the said district.

Sec. 8. And he it further enacted, That in order to the registry of Vessels built any ship or vessel, which, after the last day of March next, shall be built in U; S.after within the United States, it shall be necessary to produce a certificate, how to obtain under the hand of the principal or master carpenter, by whom, or under register. whose direction, the said ship or vessel shall have been built, testifying, ch. 18.

March 2, 1803, that she was built by him, or under his direction, and specifying the March 26, 1810, place where, the time when, and the person or persons for whom, and ch. 19, describing her built, number of decks and masts, length, breadth, depth, ch.60.

March 3, 1813, tonnage, and such other circumstances, as are usually descriptive of the identity of a ship or vessel; which certificate shall be sufficient to authorize the removal of a new vessel, from the district where she may be built, to another district in the same, or an adjoining state, where the owner or owners actually reside, provided it be with ballast only. Sec. 9. And be it further enacted, That the several matters herein

Collector to before required, having been complied with, in order to the registering keep record of

registry, of any ship or vessel, the collector of the district comprehending the port to which she shall belong, shall make, and keep, in some proper book, a record or registry thereof, and shall grant an abstract or certificate of such record or registry, as nearly as may be, in the form following:

“In pursuance of an act of the Congress of the United States of and grant certi. America, intituled "An act concerning the registering and recording ficate thereof. of ships or vessels,” [inserting here the name, occupation, and place of abode, of the person by whom the oath or affirmation aforesaid, shall have been made] having taken or subscribed the oath (or affirmation) required by the said 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 other owner or owners) is (or are) the only owner (or owners) of the ship or vessel, called the [inserting here her name) of [inserting here 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 cer- Form of certifi tified that the said ship or vessel has (inserting here the number of decks] cate of registry. and [inserting here, the number of masts) and that her length is (ingerțing here, the number of feet) her breadth (inserting here, the num

ber 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, as aforesaid] 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 registered at the port of (naming the port where registered.). 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;"] Provided, That if the master, or person having the charge or command of such ship or vessel, shall, himself, have made oath or affirmation touching his being a citizen, the wording

of the said certificate shall be varied so as to be conformable to the truth How certifi. of the case: And Provided, That where a new certificate of registry is cate of registry granted, in consequence of any transfer of a ship or vessel, the words be

shall be so varied, as to refer to the former certificate of registry, for her

admeasurement. Secretary of Sec. 10. And be it further enacted, That it shall be the duty of the the Treasury, to Secretary of the treasury, to cause to be prepared, and transmitted, from furnish forms of certificates of

time to time, to the collectors of the several districts, a sufficient numregistry. ber of forms of the said certificates of registry, attested under the seal

of the treasury, and the hand of the register thereof, with proper blanks, to be filled by the said collectors, respectively, by whom also, the said certificates shall be signed and sealed, before they shall be issued; and where there is a naval officer at any port, they shall be countersigned by him; and where there is a surveyor, but no naval officer, they shall be countersigned by him; and a copy of each, shall be transmitted to the

said register, who shall cause a record to be kept of the same. Citizens pur

Sec. 11. And be it further enacted, That where any citizen or citichasing vessels zens of the United States, shall purchase, or become owner or owners out of their poor of any ship or vessel, entitled to be registered, by virtue of this act, such to obtain regis. ship or vessel, being within any district, other than the one, in which ter,

he or they usually reside, such ship or vessel shall be entitled to be registered by the collector of the district, where such ship or vessel may be, at the time of his or their becoming owner or owners thereof, upon

his or their complying with the provisions herein before prescribed, in March 3, 1813, order to the registry of ships or vessels: And the oath or affirmation ch. 50.

which is required to be taken, may, at the option of such owner or owners, be taken, either before the collector of the district, comprehending the port to which such ship or vessel may belong, or before the col

lector of the district, within which, such ship or vessel may be, either of To be deliver. whom, is hereby empowered to administer the same: Provided neverod on arriving at theless, That whenever such ship or vessel shall arrive within the disport to the col. trict comprehending the port to which such ship or vessel shall belong, sector, who to the certificate of registry, which shall have been obtained, as aforesaid, grant a new one. shall be delivered up to the collector of such district, who, upon the

requisites of this act, in order to the registry of ships or vessels, being complied with, shall grant new one, in lieu of the first; and the certificate, so delivered up, shall forthwith be returned by the collector who shall receive the same, to the collector who shall have granted it: and if the said first mentioned certificate of registry, shall not be delivered up, as above directed, the owner or owners, and the master of such ship or vessel, at the time of her said arrival within the district comprehending the port to which such ship or vessel may belong, shall, severally, forfeit the sum of one hundred dollars, to be recovered, with costs of suit; and

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the said certificate of registry shall be thenceforth void. And in case,
any of the matters of fact, in the said oath or affirmation alleged,
which shall be within the knowledge of the party, so swearing or
affirming, shall not be true, there shall be a forfeiture of the ship or
vessel, together with her tackle, furniture and apparel, in respect to
which, the same shall have been made, or of the value thereof, to be
recovered, with costs of suit, of the person by whom such oath or
affirmation shall have been made: Provided always, That if the master,
or person having the charge or command of such ship or vessel, shall
be within the district aforesaid, when application shall be made for
registering the saine, he shall, himself, make oath or affirmation, instead
of the said owner, touching his being a citizen, and the means whereby,
or manner in which, he is so a citizen; in which case, if what the said
master, or person having the said charge or command, shall so swear or
affirm, shall not be true, the forfeiture aforesaid shall not be incurred,
but he shall, himself, forfeit and pay, by reason thereof, the sum of one
thousand dollars.
Sec. 12. And be it further enacted, That when any ship or vessel,

Vessels purs

chased by entitled to be registered, pursuant to this act, shall be purchased by an

agents how reagent or attorney for, or on account of a citizen or citizens of the gistered. United States, such ship or vessel, being in a district of the United States, more than fifty miles distant, taking the nearest usual route by land, from the one comprehending the port to which, by virtue of such purchase, and by force of this act, such ship or vessel ought to be deemed to belong, it shall be lawful for the collector of the district, where such ship or vessel may be, and he is hereby required, upon the application of such agent or attorney, to proceed to the registering of the said ship or vessel, the said agent or attorney, first complying, on behalf, and in the stead of, the owner or owners thereof, with the requisites prescribed by this act, in order to the registry of ships or vessels, except, that in the oath or affirmation, which shall be taken by the said agent or attorney, instead of swearing or affirming that he is owner, or an owner of such ship or vessel, he shall swear or affirm, that he is agent or attorney for the owner or owners thereof, and that he hath bona fide purchased the said ship or vessel, for the person or persons, whom he shall name and describe as the owner or owners thereof: Provided nevertheless, That whenever such ship or vessel shall arrive within the district comprehending the port to which such ship or vessel shall belong, the certificate of registry, which shall have been obtained, as aforesaid, shall be delivered up to the collector of such district, who, upon the requisites of this act, in order to the registry of ships or vessels, being complied with, shall grant a new one, in lieu of the first; and the certificate, so delivered up, shall forthwith be returned by the collector, who shall transmit the same to the collector who shall have granted it. And if the said first mentioned certificate of registry, shall not be delivered up, as above directed, the owner or owners, and the master of such ship or vessel, at the time of her said arrival within the district comprehending the port to which she may belong, shall, severally, forfeit the sum of one hundred dollars, to be recovered, with costs of suit, and the said certificate of registry shall be thenceforth void. And in case any of the matters of fact, in the said oath or affirmation alleged, which shall be within the knowledge of the party so swearing or affirming, shall not be true, there shall be a forfeiture of the ship or vessel, together with her tackle, furniture and apparel, in respect to which, the same shall have been made, or of the value thereof, to be recovered, with costs of suit, of the person by whom such oath or affirmation shall have been made: Provided always, That if the master, or person having the charge or command of such ship or vessel, shall be within the district aforesaid, when application shall be made for registering the same, he

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