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virtue of the act, entitled "An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," and those which after the last day of March next, shall be registered, pursuant to this act, and no other (except such as shall be duly qualified, according to law, for carrying on the coasting trade and fisheries, or one of them) shall be denominated and deemed ships or vessels of the united states, entitled to the benefits and privileges appertaining to such ships or vessels :. Provided, That they shall not continue to enjoy the same, longer than they shall continue to be wholly owned, and to be commanded by a citizen or citizens of the said states.
2. Sect. II. Ships or vessels built within the united states, whether before, or after, the fourth of July, one thousand seven hundred and seventy-six, and belonging wholly to a citizen or citizens thereof, or not built within the said states, but on the sixteenth day of May, in the year one thousand seven hundred and eighty-nine, belonging, and thenceforth continuing to belong to a citizen or citizens thereof, and ships or vessels, which may hereafter be captured in war, by such citizen or citizens, and lawfully condemned as prize, or which have been or may be adjudged to be forfeited for a breach of the laws of the united states, being wiolly owned by a citizen or citizens thereof, and To other, may be registered as herein afler directed : Provided, That no such ship or vessel shall be entitled to be so registered, or if registered, to the benefits thercof, if owned in whole, or in part, by any citizen of the united states, who usually resides in a foreign country, during the continuance of such residence, unless such citizen be in the capacity of a consul of the united states, or an agent for, and a partner in, some house of trace or co-partnership, consisting of citizens of the said states actually carrying on trade within the said states : And provided further, That no ship or vessel, built within the united states, prior to the said sixteenth day of May, which was not then owned wholly, or in part, by a citizen or citizens of the united states, shall be capable of being registered, by virtue of any transfer to a citizen or citizens, which may hereafter beinade, uniess by way of prize or forfeiture : Provided novcrita dess, That this shall not be construed to prevent the registering anew, of any ship or vessel, which was before registered, pursuant to the act before mentioned,
3, SECT. III. Every ship or vessel, hereafter to be registered (es. cept as is herein after provided) shall be registered by the collector of the distriel in which shall be comprehended the port to wbich such ship or vessel shall belong, at the time of her registry, which port shall be deemed to be that, at or nearest to which, the owner, if there be but one, or if more than one, the husband or acting and managing owner of such ship or ressel, usually resides. And the name of the said ship or vesse!, and of the port to which she shall so belong, shall be painted on her stern, on a black ground, in white letters, of not less than three inches in length. And if any ship or vessel of the united staics, shail be found, without having her name, and the name of the port, to which she belongs, painted in manner aforesaid, the owner or owners shall forfeit fisty doliars ; one half to the person giving the information there. ef, the other half to the use of the united states.
4. Sect. IV. In order to the registry of any ship or vessel, an oath or affirmation shall be taken and subscribed by the owner, or by one of the owners thereof, before the officer authorized to make such registry, who is hereby empowered to administer the same, declaring, according to the best of the knowledge and belief 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, be. fore the said sisteenth day of May,one thousand seven hundred and eighty-nine, that she was then owned wholly, or in part, by a citizen or citi. zens of the uniied states ; and if not built within the said states, that she was, on the said sixteenth day of May, and ever since, hath conti. nued to be, the entire property of a citizen or citizens of the united states ; or that she was, at soine time posterior to the time when this act shall take effect, (specifying the said time) captured in war by a citizen or citizens of the said states, and lawfully condemned as prize (producing a copy of the sentence of condemnation, authenticated in the usual forms) or that she has been adjuuged 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 lie, she, or they, as the case may be, so swearing op ailirming, 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 foi, and a partner in, a house or co-partnership, consisting of citizens of the united states, and aclualiy carrying on trade wit in the united states, that such is the case, and that there is no subject or citizen of any foreign prince or state, directly or indirect. ly, by way of trust, condence, or otherwise, interested in such ship or vessel, or in the profits, or issues thereof; and that the master, orcom. mander 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 casc, any of the matters of fact, in the said oath or affirmation alleged, which siall 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 re. spect to which, the same shall have beco 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 shall, himself, make oath, or affirmation, instead of the said owner, touching his being a citizc!l, 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 vot be incurred, but he shall himself, surfeit and pay, by reason thereof, the sum of one thousand dollars i and provided further, That in the case of
& 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 citizens, shall have been registered, pursuant to the act before mentioned, the oath or affirmation hereby required, shall and may be varied, according to the truth of the case, as often as it shall be requie site to grant a new register, for such ship or vessel.
Sect. V. It shall be the duty of every owner, resident within the united states, of any ship or vessel, to which a certificate of registry may be granted, (in case there be more than one such owner) to transmrit 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 certificate 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 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 jurisdiction of some one of the states. And if such oath or aflirmation shall not be taken, subscribed and transmitted, as is herein required, the certificate of registry, granted to such ship or vessel, shall be forfeit and void.
5, Sect. VI. Before any ship or vessel shall be registered, she shall be measured by a surveyor, is there be one, or by the person he shall appoint, at the port or place where the said ship or vessel may be, ant if there be none, by such person as the collector of the districi, within which she may be, shall appoint, according to the rule prescribed by the forty-third section of the act, entitled, “ An ael to provide more effectually for the collection of the duties imposed by law on goods, wares and merchaodise, imported into the united states, and on the tonnage of ships or vessels." And the officer, or person, by whom such admeasurement shall be made, shall, for the information of, and as 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 os 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 whosha}l attend herarimeasurment.on belialf of her owneror owners, in testimony of the truth of the particulars therein contained; without which, the said certificate sball not be valid. But in all cases, where a ship or vessel has before been registered, as a ship or vessel of the united states, it shall not be necessary to measure lier 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.
6. Sect. VII. Previous to the registry of any ship or vessel, the husband or apling and managing owner, together with the master thereols and one or more suretits, to the satisfaction of the collector of the distri), whose duly it is to make such registry, shall become bound to the united states, if such ship or vessel shall be of burthen not ex.ceeding 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 abovetwo hundred tons,and not exceeding three hundred, in the suin 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 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 úp, within eight days after the arrival of the master, or person, having the charge or command of such ship or vessel, within any district of the united states, to the collector of such district; and that if any foreigner, or any person or persons, for the use and bene. fit of such foreigner, shall purchase, or otherwise become entitled to the whole, or any part or share of, or interest in, sucli ship or vessel, the same buing 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 bis arrival within any district of the united states, deliver up the said certificate to the collec. tor of such district.
7. 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.
8. Sect. VIII. In order to the registry of any ship or vessel, which, after the last day of March next, shall be built within the united states, it shall be necessary to produce a certificate, under the hand of the principal or master carpenter, by whom, or under whose direction, the said ship or vessel shall have been built, testifying, that she was built by him, or under his direction, and specifying the place where, the time when, and the person or persons for whom, and describing her built, number of decks and masts, length, breadth, depth, 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 bc with ballast only:
9. Sect. IX. The' several matters herein before required, haring been complied with, in order to the registering 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 res gistry, as nearly as may be, in the form following :
In pursuance of an act of the congress of the united states of Ames rica, entitled “ An act concerning the registering and recording 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) res quired 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 [iuserta ing 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 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 hiere, the number of feet] her breadth (inserting here the number of feet] her depti [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, brigan: tine, snow, schooner, sloop, or whatever else, together with her builty and specifying whether she has any, or no gallery or head] and the said Inaming the owner, or the master, or other person, acling 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 (speci: fying 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, liimself, 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 of the case: And provided, That where a new Certificate of registry is granted, in consequence of any transfer of a ship or vessel, the words shall be so varied, as to refer to the former certificate of registry, for her admeasurement.
10. Sect. X. It shall be the duty of the secretary of the treasury, to ause to be prepared, and transmitted, from time to time, to the collecors of the several districts, a suficient number of forms of the said cerificates 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 colleca ors, respectively, by whom, also the said certificates shall be signed and jealed, before they shall be issued; and where there is a naval