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shall, himself, make oath or affirmation, instead of the said agent or attorney, 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. Oath to be tak.

Sec. 13. And be it further enacted, That if the certificate of the registry en on losing cer: of any ship or vessel shall be lost or destroyed, or mislaid, the master, or tificate of regis. try.

other person having the charge or command thereof, may make oath or affirmation, before the collector of the district where such ship or vessel shall first be, after such loss, destruction, or mislaying, who is hereby authorized to administer the same, which oath or affirmation shall be of the form following: “I (inserting here the name of the person swearing or affirming) being master (or having the charge or command) of the ship or vessel

, called the (inserting the name of the vessel) do swear (or affirm) that the said ship, or vessel hath been, as I verily believe, registered, according to law, by the name of (inserting again the name of the vessel) and that a certificate thereof was granted by the collector of the district of (naming the district, where registered) which certificate has been lost (or destroyed, or unintentionally and by mere accident mislaid, as the case may be,) and (except, where the certificate is alleged to have been destroyed) that the same, if found again, and within my power, shall be delivered up to the collector of the district, in which it was granted;" which oath, or affirmation shall be subscribed by the party making the same, and upon such oath or affirmation being made, and the other requisites of this act, in order to the registry of ships, or vessels, being complied with, it shall be lawful for the collector of the district, before whom such oath or affirmation is made, to grant a new register, inserting therein, that the same is issued, in the room of the one lost or destroyed. But in all cases, where a register shall be granted, in lieu of the one lost or destroyed, by any other than the collector of the district, to which the ship, or vessel actually belongs, such register shall, within ten days after her first arrival within the district to which she belongs, be delivered up to the collector of the said district, who shall, thereupon, grant a new register, in lieu thereof. And in case the master, or commander shall neglect to deliver up such register within the time aforesaid, he shall forfeit one hundred dollars; and the

former register shall become null and void. Vessels sold Sec. 14. And be it further enacted, That when any ship or vessel, &c. to be regis- which shall have been registered, pursuant to this act, or the act hereby, tered anew.

in part, repealed, shall, in whole, or in part, be sold, or transferred to a citizen or citizens of the United States, or shall be altered in form or burthen, by being lengthened, or built upon, or from one denomination to another, by the mode or method of rigging or fitting, in every such case, the said ship or vessel shall be registered anew, by her former name, according to the directions herein before contained, (otherwise she shall cease to be deemed a ship or vessel of the United States) and her former certificate of registry shall be delivered up to the collector to whom application for such new registry shall be made, at the time, that the same shall be made to be by him transmitted to the register of the treasury who shall cause the same to be cancelled. And in every such case of sale or transfer, there shall be some instrument of writing, in the nature of a bill of sale, which shall recite, at length, the said certificate, otherwise the said ship or vessel shall be incapable of being so registered

anew. And in every case, in which a ship or vessel is hereby required March 2, 1797, to be registered anew, if she shall not be so registered anew, she shall

not be entitled to any of the privileges or benefits of a ship or vessel of the United States. And further, if her said former certificate of regis

ch, 7.

Owner or

try shall not be delivered up, as aforesaid, except where the same may have been destroyed, lost, or unintentionally mislaid, and an oath or atlirmation thereof shall have been made, as aforesaid, the owner or owners of such ship or vessel shall forfeit and pay the sum of five hundred dollars, to be recovered, with costs of suit.

Sec. 15. And be it further enacted, That when the master, or person having the charge or command of a ship or vessel, registered pursuant master to re. to this act, or the act hereby in part repealed, shall be changed, the port such

change to col. owner, or one of the owners, or the new master of such ship or vessel, lector. shall report such change to the collector of the district where the same shall happen, or where the said ship or vessel shall first be, after the same shall have happened, and shall produce to him the certificate of registry of such ship or vessel, and shall make oath or affirmation, showing that such new master is a citizen of the United States, and the manner in which, or means whereby, he is so a citizen; whereupon the said collector shall endorse upon the said certificate of registry, a memorandum of such change, specifying the name of such new master, and shall subscribe the said memorandum with his name, and if other than the collector of the district, by whom the said certificate of registry shall have been granted, shall transmit a copy of the said memorandum to him, with notice of the particular ship or vessel, to which it shall relate; and the collector of the district, by whom the said certificate shall have been granted, shall make a like memorandum of such change, in his book of registers, and shall transmit a copy thereof, to the register of the treasury. And if the said change shall not be reported, or if the said oath or affirmation shall not be taken, as above directed, the registry of such ship or vessel shall be void, and the said master, or person, having the charge or command of her shall forfeit and pay the sum of one hundred dollars.

Sec. 16. And be it further enacted, That if any ship or vessel, hereto- Vessels sold to fore registered, or which shall hereafter be registered, as a ship or vessel foreigners forof the United States, shall be sold or transferred, in whole or in part by glect to make way of trust, confidence or otherwise, to a subject or citizen of any such report. foreign prince or state, and such sale or transfer shall not be made known, in manner herein before directed, such ship or vessel, together with her tackle, apparel, and furniture shall be forfeited: Provided, That if such ship or vessel shall be owned in part only, and it shall be made appear to the jury, before whom the trial for such forfeiture shall be had, that any other owner of such ship or vessel, being a citizen of the United States, was wholly ignorant of the sale or transfer to, or ownership of, such foreign subject or citizen, the share or interest of such citizen of the United States shall not be subject to such forfeiture; and the residue only shall be so forfeited. Sec. 17. And be it further enacted, That upon the entry of every ship

Oath on entry or vessel of the United States, from any foreign port or place, if the same

of vessel of U.

S. from foreign shall be at the port or place, at which the owner, or any of the part owners ports. reside, such owner or part owner shall make oath or affirmation, that the register of such ship or vessel contains the name or names of all the persons, who are then owners of the said ship or vessel; or if any part of such ship or vessel has been sold or transferred, since the granting of such register, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by the way of trust, confidence, or otherwise, 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 the master or commander shall make oath or affirmation, to the like effect. 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 of a ship or vessel of the United States.

Collector, Sec. 18. And be it further enacted, That, in all cases, where the how to proceed master, commander, or owner of a ship or vessel, shall deliver up the on delivering up register of such ship or vessel, agreeable to the provisions of this act, if the

to the collector of the district, where the same shall have been granted, the said collector shall, thereupon, cancel the bond, which shall have been given at the time of granting such register; or, if to the collector of any other district, such collector shall grant to the said master, commander, or owner, a receipt or acknowledgment, that such register has been delivered to him, and the time, when; and upon such receipt being produced to the collector, by whom the register was granted, he shall cancel the bond of the party, as if the register had been returned to

him. Certificates of Sec. 19. And be it further enacted, That the collector of each disregistry to be trict shall progressively number the certificates of the registry by him numbered.

granted, beginning anew, at the commencement of each year, and shall enter an exact copy of each certificate, in a book to be kept for that purpose; and shall, once in three months, transmit to the register of the treasury, copies of all the certificates, which shall have been granted

by him, including the number of each. Ships built in Sec. 20. And be it further enacted, That every ship or vessel, built U. S. after 15th in the United States, after the fifteenth day of August

, one thousand Aug, 1789, how seven hundred and eighty-nine, and belonging wholly, or in part, to the to obtain regis.

subjects of foreign powers, in order to be entitled to the benefits of a ship, built and recorded in the United States, shall be recorded in the office of the collector of the district, in which such ship or vessel was built, in manner following, that is to say : The builder of every such ship or vessel shall make oath or affirmation, before the collector of such district, who is hereby authorized to administer the same, in manner following: “I (inserting here the name of such builder) of (inserting here the place of his residence) shipwright, do swear (or affirm) that (describing here the kind of vessel, as, whether ship, brig, snow, schooner, sloop, or whatever else) named (inserting here the name of the ship or vessel) having (inserting here the number of decks) and being, in length (inserting here the number of feet) in breadth (inserting here the number of feet) in depth (inserting here the number of feet) and measuring (inserting here the number of tons) having (specifying, whether any or no) gallery, and (also specifying, whether any or no) head, was built by me, or under my direction, at (naming the place, county, and state) in the United States, in the year (inserting here the number of the year;'') which oath, or affirmation, shall be subscribed by the person making the same, and shall be recorded in a book, to be

kept, by the said collector, for that purpose. Collector to Sec. 21. And be it further enacted, That the said collector shall have them sur. cause the said ship or vessel to be surveyed or admeasured, according veyed.

to the rule, prescribed by the forty-third section of the act, intituled 1790, ch. 35, “An act to provide more effectually for the collection of the duties im

posed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels ;” and the person, by whom such admeasurement shall be made, shall grant a certificate thereof, as in the case of a ship or vessel to be registered; which certificate shall be countersigned by the said builder, and by an owner, or the master, or person having the command or charge thereof, or by some other person, being an agent for the owner or owners thereof, in

testimony of the truth of the particulars therein contained. And grant

Sec. 22. And be it further enacted, That a certificate of the said certificate of

record, attested under the hand and seal of the said collector, shall be the record.

granted to the master of every such ship or vessel, as nearly as may be, of the form following: “In pursuance of an act, intituled 'An act concerning the registering and recording of ships or vessels,' I

sec. 44.

(inserting here the name of the collector of the district) of (inserting here the name of the district) in the United States, do certify, that (inserting here the name of the builder) of (inserting here the place of his residence, county, and state) having sworn, or affirmed, that the (describing the ship or vessel, as in the certificate of record) named (inserting here her name) whereof (inserting here the name of the master) is, at present, master, was built at (inserting here the name of the place, county, and state, where built) by him, or under his direction, in the year (inserting here the number of the year) and (inserting here the name of the surveyor, or other person, by whom the same admeasurement shall have been made) having certified, that the said ship or vessel has (inserting here her number of decks) is, in length: (inserting here the number of feet) in breadth (inserting here the number of feet) in depth (inserting here the number of feet) and measures (inserting here the number of tons): And the said builder and (naming and describing the owner, or master, or agent for the owner or owners, as the case may be, by whom the said certificate shall have been countersigned) having agreed to the said description and admeasurement, the said ship or vessel has been recorded, in the district of (inserting here the name of the district, where recorded) in the United States: Witness my hand and seal, this (inserting here the day of the month day of (inserting here the name of the month) in the year (inserting here the number of the year)”; which certificate shall be recorded in the office of the said collector, and a duplicate thereof transmitted to the register of the treasury of the United States, to be recorded in his office.

Sec. 23. And be it further enacted, That if the master, or the name, Changes of of any ship or vessel so recorded, shall be changed, the owner, part master or name owner, or consignee of such ship or vessel, shall cause a memorandum

of the ship, to

be endorsed on thereof to be endorsed on the certificate of the record, by the collector certificate of re. of the district, where such ship or vessel may be, or at which she shall cord. first arrive, if such change took place in a foreign country; and a copy thereof shall be entered in the book of records, a transcript whereof shall be transmitted, by the said collector, to the collector of the district, where such certificate was granted (if not the same person), who shall enter the same in his book of records, and forward a duplicate of such entry, to the register of the treasury of the United States; and in such case, until the said owner, part owner, or consignee, shall cause the said memorandum to be made, by the collector, in manner aforesaid, such ship or vessel shall not be deemed, or considered, as a vessel recorded, in pursuance of this act.

Sec. 24. And be it further enacted, That the master, or other person Certificate to having the command or charge of any ship or vessel, recorded in pur

be produced on

entry, suance of this act, shall, on entry of such ship or vessel, produce the certificate of such record, to the collector of the district, where she shall be so entered; in failure of which, the said ship or vessel shall in failure to for.. not be entitled to the privileges of a vessel, recorded as aforesaid: feit privileges of Provided always, and be it further enacted, That nothing herein contained shall be construed to make it necessary to record, a second time, any ship or vessel, which shall have been recorded, pursuant to the act, hereby in part repealed: but such recording shall be of the like force and effect, as if made, pursuant to this act.

Sec. 25. And be it further enacted, That the fees and allowances, Fees, for the several services to be performed, pursuant to this act, and the distribution of the same, shall be as follows, to wit: For the admeasurement of every ship or vessel, of one hundred tons, and under, one cent per ton; for the admeasurement of every ship or vessel, above one how distributed, hundred, and not exceeding two hundred tons, one hundred and fifty cents; for the admeasurement of every ship or vessel, above two hundred tons, two hundred cents; for every certificate of registry or record,

Tom. I.-38

How distribu. two hundred cents; for every endorsement upon a certificate of registry ted.

or record, one hundred cents; and for taking every bond required by this act, twenty-five cents. The whole amount of which fees shall be received, and accounted for, by the collector, or, at his option, by the naval officer, where there is one; and where there is a collector, naval officer, and surveyor, shall be equally divided, monthly, between the said officers; and where there is no naval officer, two thirds to the collector, and the other third to the surveyor; and where there is only a collector, he shall receive the whole amount thereof; and where there is more than one surveyor in any district, each of them shall receive his

proportionable part of such fees, as shall arise in the port, for which he is appointed : Provided always, that in all cases where the tonnage of any ship or vessel shall be ascertained, by any person appointed for that purpose, such person shall be paid a reasonable compensation therefor, out of the fees aforesaid, before any distribution thereof, as aforesaid. And every collector, and naval officer, and every surveyor, who shall reside at a port where there is no collector, shall cause to be affixed, and constantly kept, in some conspicuous part of his office, a fair table of the

rates of fees, demandable by this act. Penalty on

Sec. 26. And be it further enacted, That every collector, or officer, making false who shall knowingly make, or be concerned in making, any false regisregisters, or de.

ter or record, or shall knowingly grant, or be concerned in granting, manding unlaw. ful fees.

any false certificate of registry or record of, or for any ship or vessel, or other false document whatsoever, touching the same, contrary to the true intent and meaning of this act, or who shall designedly take any other, or greater fees, than are by this act allowed, or who shall receive any voluntary reward or gratuity, for any of the services performed, pursuant thereto;

and every surveyor, or other person appointed to measure any ship or vessel, who shall wilfully deliver to any collector, or naval officer, a false description of such ship or vessel, to be registered or recorded, shall, upon conviction of any such neglect, or offence, forfeit the sum of one thousand dollars, and be rendered incapable of serving in any office of trust or profit, under the United States; and if any person or persons, authorized and required by this act, in respect 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 fraudu. Sec. 27. And be it further enacted, That if any certificate of registry, lently using cer- or record, shall be fraudulently or knowingly used for any ship or vessel, tificate of regis- not then actually entitled to the benefit thereof, according to the true try.

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. And be it further enacted, That if any person or persons false oath.

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, counter1790, ch. 9, feit, erase, alter, or falsify any certificate, register, record, or other sec. 18.

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. And be it further enacted, That all the penalties and forfeitures, which may be incurred, for offences against this act, shall and

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