Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

20. SECT. 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, entitled, “ An act to provide more eftectually for the collection of the duties imposed by law on goods, wares, or 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 shipor 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.

21. Sect. XXII. A certificate of the said record, attested under the band 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 ac, entitled, “An act concerning the registering and recording of ships or vessels," I (inserting here the name of the colleclor 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) have ing 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, wbere 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 inonth) 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. - 22, Sect. XXIII. Is the master, or the name, of any ship or vessel so Tecorded, 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

* See vo!. I. p. 162. This act is repealed; but the section alluded to( whicla ought to be 44,) is supplied in Duties, collection of 64.

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 bis 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, or 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 deerfied, or considered, as a vessel recorded, in pursuance of this acto

23. SECT. XXIV. The master, or other person having the command or charge of any ship or vessel, recorded in pursuance of this ad, 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 : Provided always, 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 is made, pursuant to this act.

24. SECT. 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 every ship, or vessel of one hundred tons, and under, one cent per ton ; for the admeasureinent of every ship or vessel, above one hundred, and not exceeding two hundred tons, one hundred and fifty cents; for the ad. measuremuent 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, ancl.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 offcers; 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 colleclor, be 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 there. for, out of the lees aforesaid, before any distribution thereof, as afore. said. And every collector and naval officer, and every surveyor, who shail reside at a port, where there is no collector, shall cause to be aflixed, and constantly kept, in some conspicuous part of bis cffice, a fail table of the rates of fees, demandable by this act.

25. Sect. 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 docks

ment 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, pursuani there. to; 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 meaniag 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.

26. Sect. 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.

27. SECT. 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 if any person or persons shall forge, counterfeit, erase, alter, or falsify any certificate, register,record, or other 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.

23. Sect. 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 colleclion of the duties imposed by law, on goods, wares and mera chandise imported into the united states, and on the tonnage of ships or vessels," may legally be sued for, prosecuted, recovered and dise posed 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 for such penalty or forfeiture, such officer may be a vitness 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.

* See Crimes 18.

29. Sect. 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, (Vol. II. p. 168.) 20. Sect. 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 privileges of ships or vessels employed in the coasting trade or fisheries.

31. SECT. II. From and after the last day of May next, in order for the enrolment of any ship or vessel, she shall possess the same qualifications, and the same requisites, in all respects, shall be complied with, as are made necessary for registering ships or vessels, by the aci, entitled, “An act concerning the registering and recording of ships or vessels,"'* and the same duties and authorities are hereby given and imposed on all officers, respectively, in relation to such enrolmentsy and the same proceedings shall be had, in similar cases, touching such enrolments ; and the ships or vessels so enrolled, with the master, or owner or owners thereof, shall be subject to the same requisites, as are in those respects provided for vessels registered by virtue of the aforesaid act ; the record of which enrolment shall be made, and an abstract or copy thereof granted, as nearly as may be, in the form following : “ Enrolment in conformity to an act of the congress of the united states of America, entitled, “ An act for enrolling and licensing ships or vessels, to be employed in the coasting trade and fisheries, and for regulating the same" [inserting here the name of the person with his occupation and place of abode, by whom the oath or affirmation is to be made] having taken and subscribed the oath (or affirmation) required by this act, and having sworn (or affirmed) that he (or she, and if inore than one owner, adding the words “together with," and the name or names, occupation or occupations, place or places of abode, of the owner or owners) is, (or are) a citizen (or citizens) of the uniter states, and sole owner (or owners) of the ship or vessel, called the [inserting here her name] of [inserting here the name of 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

* See former act.

iength is [inserting here, the number of feet] her breadth [inserting here the number 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, acling in behalf of the owner or owners, by whom the certificate of admeasurement shall have been countersigned] 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 enrolled at the port of (naming the port where enrolled.] 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].”

32. Sect. III. It shall and may be lawful for the collectors of the several districts, to enrol and license any ship or vessel, that may be registered, upon such registry being given up, or to register any ship or vessel, that may be enrolled, upon such enrolment and license being given up. And when any ship or vessel shall be in any other district, than the one, to which she belongs, the collector of such district, on the application of the master or commander thereof, and upon his taking an oath or affirmation, that, according to his best knowledge and belief, the property remains, as expressed in the register or enrolment proposed to be given up, and upon his giving the bonds required for granting registers, shall make the exchanges aforesaid ; but in every such case, the collector, to whom the register, or enrolment and license may be given up, shall transmit the same to the register of the treasury; and the register,or enrolment and license, granted in lieu thereof, shall, within ten days afte: the arrival of such ship or vessel within the district, to which she belongs, be delivered to the collector of the said district, and be by him cancelled. And if the said master or commander shall neglect to deliver the said register or enrolment and license, within the time aforesaid, he shall forfeit one bundred dollars.

33. SECT. IV. In order to the licensing of any ship or vessel, for carrying on the coasting trade or fisheries, the husband, or managing owner, together with the master thereof, with one or more sureties to the satisfaction of the collector granting the same, shall become bound to pay to the united states, if such ship or vessel be of the burthen of five tons, and less than twenty tons, the sum of one hundred dollars ; and if twenty tons, and not exceeding thirty tons, the sum of two hundred dollars ; and if above thirty tons, and not exceeding sixty tons, the sum of five hundred dollars ; and if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such ship or vessel has been employed in any trade, whereby the revenue of the united states has been defrauded during the time, the license granted to such ship or vessel remained in force ; and the master of such ship or vessel shall also swear, or affirm, that he is a citizen of the united states, and that such license shall not be

« ΠροηγούμενηΣυνέχεια »