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(ACT of December 31st, 1792.) such forfeiture shall be had, that any other owner of such ship oar 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.

14,- Sec. Xvii. Upon the entry of every ship or vessel of the United States, from any foreign port or place, if the same shall be at the port or place at which the owner, or any of the part owners, 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 ths 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 ease, 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.

15, Sec. Xviii. In all cases where the master, commander, or owner, of a ship or vessel, shall deliver up the register of such ship or vessel, agreeable to the provisions of this act, if 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.

Sec. Xix. The collector of each district shall progressively number the certificates of the registry by him 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.

16. Sec. Xx. Every ship or vessel built in the United States, after the fifteenth day of August, one thousand seven hundred and eighty-nine, and belonging wholly, or in part, to the 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

(ACT of December 31 st, 1792.) 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 authorised to administer the same, in manner following: "/ [inserting here, the name of such builder] of [inserting here, the place of his residence] shipwright, do swear (or affitm) 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;1'] which oath or affirmation shall be subscribed by the person making the same, and shall be recorded in a book, to be kept hv the said collector for that purpose.

Sec. Xxi. The said collector shall cause the said ship or vessel to be surveyed, or admeasured, according to the rule prescribed by the forty-third section of the act, entided "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 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.

Sec. Xxii. A certificate of the said record, attested under the hand and seal of the said collector, shall be -granted to the master of every such ship or vessel, as nearly as may be, of the form following: "In pursuance of an act, entided " An act concerning the registering and recording of ships or vessels," I [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 num

* The section referred to has been repealed, and is supplied by the sixty-fourth section of the act of March 2d, 1799. See article DUTIES—General Regulations, 46, ante page, 232.

(ACT of December 31st, 1792.) ber of the year] and [inserting here, the name of the surveyor, or other person, by whom the same admeasurrment 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. xxrn. If the master, or the name, of any ship or vessel so recorded, shall be changed, the owner, part owner, or consignee, of such ship or vessel, shall cause a memorandum thereof to be endorsed on the certificate of the record, by the collector of the district, where such ship or vessel may be, or at which she shall 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. Xxiv. The master, or other person having the command or charge of any ship or vessel, recorded in pursuance 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 not be entitled to the privileges of a vessel recorded as aforesaid: Pro~ vided 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.

17. Sec. xxv. The fees and allowances, 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 even

(ACT of December 31st, 1792.) ship or vessel, of one hundred tons and under, one cent per ton; for the admeasurement of every ship or vessel, above one 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, two hundred cents; for every endorsement upon a certificate of registry 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.

18. Sec. Xxvi. Every collector, or officer, who shall knowingly make, or be concerned in making, any false register or record, or shall knowingly grant, or be concerned in granting, 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, authorised 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

(ACT of February 18th, 1793.) shall, thenceforth, be rendered incapable of holding any office of trust or profit under the United States.

Sec. Xxvii. If any certificate of registry, or record, shall be fraudulently or knowingly used for any ship or vessel, not then actually entitled 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.

19. Sec. Xxviii. If any person or persons 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, counterfeit, erase, alter, or falsify, any certificate, register, record, or other document, mentioned, described, or authorised, in and by this act, such person or persons shall, for every such offence, forfeit the sum of five hundred dollars.

20. Sec. Xxix. All the penalties and forfeitures which may be incurred for offences against this act, shall and may be sued for, prosecuted, and 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, entitled "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 Tot 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. Xxx. From and after the last day of March next, this act shall be in full force and effect; and so much of the act, entitled, "An 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.

ACT of February 18, 1793. 2 Bioren, 332.

An act for enrolling and licensing ships or vessels to be employed in the coasting

trade and fisheries, and for regulating the same.

21. Sec. I. Ships or vessels, enrolled by virtue of " An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," and those of twenty tons and upwards, which shall be enrolled after the last day of May next, in pursuance of this act, and having a license in force, or if less than twenty tons, not being enrolled shall have a license in force, as is hereinafter required, and no others, shall be deemed ships or vessels of the United States, entitled to the [irivileges of ships or vessels employed in the coasting trade or fisheries.

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