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Substance or citizens of the United States ; and if not of oath for built within the said states, that she was, on obtaining registry of the said iixteenth day of May, and ever since, por 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 time when this act shall take effect, (specifying the faid time) captured in war by a citizen or citizens of the faid states, and lawfully condemn. ed 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 Uni. ted States (producing a like copy of the sen. tence whereby the shall have been so adjudged) and declaring his or her name and place of abode, and if he or she be the fole owner of the said ihip or veffel, that such is the case ; or if there be another owner or other owners, that there is or are such other owner or own. ers, fpecifying 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 af. firming, is or are citizens of the United States; and where an owner resides in a foreign country, in the capacity of a conful 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 forcign prince or state, directly, or indirectly, by way of trust, confidence, or otherwile, 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 faid master, or commander, and stating The means whereby, or manner in which, he
is so a citizen. And in case, any of the mat. ters of fact, in the said oath or affirmation alledged, which shall be within the knowledge of the party, so swearing, or affirming, shall Forfeiture. not be true, there shall be a forfeiture of vellet, the thip or vessel, together with her tackle, swearing furniture and apparel, in respect to which, the taller fame shall have been made, or of the value thereof, to be recovered, with costs of fuit, of How the person, by whom such oath or affirmation vered; shall have been made : Provided always, That
in what caif the master, or person having the charge or ses matters command of such ship or vessel, shall be with- of vefels,
Wu &c. shall in the district aforesaid, when application thall be made for registering the same, he shall, as to citihimself, 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 faid master, or person having the said charge
ge and, if not or command, shall fo swear or affirm, shall true, to fornot be true, the forfeiture aforesaid shall not seit 2006
dollarsa be incurred, but he shall, himself, forfeit and pay, by reason thereof, the sum of one thou. fand 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 citi. zen, or citizens, shall have been registered, pursuant to the act before mentioned, the oath
how the or affirmation, hereby required, shall and may oath may be varied, according to the truth of the case, be varicd. as often as it shall be requisite to grant a new register, for such ship or vessel.
Sec. 5. And be it further enacted, That it shall be the duty of every owner, resident with.
Like oath in the United States, of any ship or vessel, to to be taken
which a certificate of registry may be granted, owners (if (in case there be more than one such owner) the appli- to transmit to the collector, who may have cant, &c. 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 certificate shall have been granted,
and within ninety days after the same may have within 90
in go been so granted; which oath or affirmation days.
may, at the option of the party, be taken and Before subscribed, either before the said collector, or whom.
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 jurisdiction of some one of the states.
And if such oath or affirmation shall not be on failure, certificate' taken, subscribed and transinitted, as is herein of registry required, the certificate of registry, granted to toricited.
** such ship or vessel, shall be forfeit and void. Ships, &c. Sec. 6. And be it further enacted, That behow and by
fore any ship or vefsel shall be registered, she fured; shall be measured by a surveyor, if there be
one, or by the person he shall appoint, at the port or place where the said thip 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, intitled, “ An act to provide more effectually for the collection of the duties impofed by law on goods, wares and merchandize, imported into the United States, and on the tonnage of ships or vessels.” And the officer,
or person, by whom such admeasurement shall certificate be made, shall, for the information of, and as thereof gira a voucher to the officer by whom the registry
is to be 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 tous the 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 ihall be countersigned by an owner, or by the master of such ship or y effel, or by some other person who shall attend her admeasurement, in on behalf of her owner or owners, in testimony ses ships, of the truth of the particulars therein con
&c. not to tained; without which, the faid certificate ed anew. shall not be valid. But in all cases, where a fhip or vessel has before been registered, as a fhip or vessel of the United States, it shall not be necessary to measure her anew, for the purpose of obtaining another register; except fuch fhip or vessel shall have undergone some alteration, as to her burthen, subsequent to the time of her former registry.
Sec. 7. And be it further enacted, That, previous to the registry of any ship or vessel, the Bonds, how
&by whom husband or acting and managing owner, toge, given, for ther with the master thereof, and one or more fa
c of certiti. fureties, to the satisfaction of the collector of cate of rethe district, whose duty it is to make such re- gistry, &c. gistry, 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 hun. dred 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 hun. - VOL. II.
dred dollars; and if of burthen exceeding three hundred tóns, in the fum 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 dispofed of, to any person or persons whomsoever; and that, in case such fip or vessel shall be lost, or taken by an enemy, burnt, or broken up, or shall be otherwise prevented from returning to the port to which the may belong, the said certificate, if preserved, shall be delivered up, within eight days after the arrival of the malter, or person, having the charge or command
of such ship or vessel, within any district of the in what care certif. United States, to the collector of such district; cate of re. And that if any foreigner, or any person or gistry given
en persons, for the use and benefit of such foreign
er, shall purchase, or otherwise become enti. tled to the whole, or any part or fare of, or interest in, such ship or vessel, the same being within a district of the United States, the faid certificate shali, in such case, within seven days. after such purchase, change, or transfer of property, be delivered up to the collector of the faid district ; and that if any such purchase, change, or transfer of property, shall happen, when such fhip or veffel shall be at any foreign port or place, or at sea, then the said master, or person having the charge or command there. of, fall, within eight days after his arrival within any district of the United States, deliver up the faid certificate to the collector of fuch district; and every such certificate, so delivered up, thall be forthwith transmitted to the Regilter of the Treasury, to be cancelled, who, if the same shall have been delivered up to a collector, other than of the district in