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the place or places of residence, of the person or persons, to whom any such ship or vessel, goods, wares and merchandise belonged, or were consigned, at the time of such seizure, if the same shall be known to him.
57. Sect. XXIX. Every collector, who shall knowingly make any record of enrolment or license of any ship or vessel, and every other officer, or person, appointed by, or under them, who shall make any record, or grant any 'certificate, or other document whatever, contrary to the true intent and meaning of this act, or shall take any other, or greater fees, than are, by this act, allowed, or shall receive, for any service performed, pursuant to this act, any reward or gratuity, and every surveyor, or other person appointed to measure ships or vessels, who shall wilfully deliver to any collector', or naval officer, a false des. cription of any ship or vessel, to be enrolled or licensed, in pursuance of this act, shall, upon conviction of any such neglect or oitence, forfeit to the united states five hundred dollars, and be rendered incapable of serving in any office of trust or profit, under the united states. And if any person, authorized and required by this act,in respect to his office, to perform any act or thing required by this act, shall wilsuliy neglca or refuse to do and perform the same, according to the true intent and meaning of this act, such person, on being duly convicted thereof, if not hereby subject to the penalty and disqualifications aforesaid, shall forfeit and pay the sum of five hundred dollars for the first offence, and a likesum for the second offence, and shall from thence forward, be rendered incapable of holding any office of trust or profit under the united states.
58. SEGT. XXX. If any person or persons, shall swear, or affirm to any of the matters, herein required to be verified, knowing the same to be false, such person or persons shall suffer the like pains and penalties, as shall be incurred by persons committing wilsul and corrupt perjury.* And if any person or persons shall forge, counterfeit, erase, alter or falsify any enrolment, license, certificate, permit, or other document, mentioned or required, in this act, to be granted by any officer of the revenue, such person or persons, so offending, shall forfcit five hundred dollars.
59. Sect. XXXI. If any person or persons shall assault, resist, obstruct, or hinder any officer in the execution of this act, or of any other act or law of the united states, herein mentioned, or of any of the powe ers or authorities vested in him by this act, or any other act or lar, as aforesaid, all and every person and persons so offending sball, for every such offence, for which no other penalty is particularly provided, forfeit live hundred dollars.
60. SECT. XXXII. If any licensed ship or vessel, shall be transferred in whole, or in part, to any person, who is not, at the time of such transfer, a citizen of, and resident within the united states, or if any such ship or vessel, shall be employed in any other trade, than that for which she is licensed, or shall be found with a forged or altered license, or one granted for any other ship or vessel, every such ship or vessel,
See Crimes 18.
with her tackle, apparel and furniture, and the cargo found on board her, shall be forfeited.
61. SECT. XXXIII. Provided nevertheless, That in all cases where the whole or any part of the lading, or cargo on board, any ship or vessel, shall belong bona fide to any person or persons other than the mas. ter, owner, or mariners, of such ship or vessel, and upon which the duties shall have been previously paid or secured according to law, shall be exempted from any forfeiture under this act, any thing therein contained to the contrary notwithstanding.
62. SECT. XXXIV. The fees and allowances for the several duties and services, to be performed, in virtue of this aci, shall be as follows; that is to say:
Por admeasuring every ship or vessel, in order to the enrolment, or licensing and recording the same, if of the burthen of five tons,and less than twenty tons, fifty cents ; if of twenty tons, and not exceeding seventy tons, seventy-five cents; if above seventy tons, and not exceeding one hundred tons, one hundred cents; is above one hundred tons, one hundred and fifty cents :
For every certificate of enrolment, fifty cents :
For every license, and granting the same, including the bond, if not exceeding twenty tons, twenty-five cents ; if above twenty, and not more than one hundred tons, fifty cents; and is more than one hundred tons, one hundred cents:
l'or every endorseinent on a license, twenty cents : For certifying manifests, and granting a permit for a licensed vessel to proceed from district to district, twenty-five cents, if less than fifty tons, and if above fifty tons, fifty cents :
For receiving a certified manifest, and granting a permit, on the arrival of such vessel, twenty-five cents, if less than fifty tons, and if above fifty tons, fisty cents :
For certifying manifests, and granting a permit for a registered vesscl to proceed from district to district, one hundred and fifty cents :
For receiving a certified manifest, and granting a permit, on the ara rival of such registered vessel, one hundred and fifty cents :
For granting a permit for a vessel, not belonging to a citizen or citizens of the united states, to proceed from district to district, and receiving the manifest, two hundred cents :
For receiving a manifest, and granting a permit, to unload, for suel last mentioned vessel, on her arrival in one district from another district, two hundred cents:
For granting a permit for a vessel carrying on the fishery, to trade at a foreign port, twenty-five cents, and for the report and entry of any foreign goods importeri in-such vessel, twenty-five cents :
And where a surveyor shall certify a manifest, or grant a permit, or receive a certitied manifest and grant a permit, the fees arising therefrom, shall be received by him solely for his use. And all other fees arising, by virtue of this act, 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, mionthly, 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 tondage 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 naral 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 place of his office, a fair table of the rates of fees, demand. able by this acl.
63. SECT. XXXV. All penalties and forfeitures, which shall be in. curred by virtue and force of this act, shall and may be sued for, prost. cuted and recovered, in like manner, as penalties and forfeitures, incurred by virtue of the act, entitled “ An act to regulate 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 be sued for, prosecuted and recovered, and shall be appropriated in like manner : 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 witness upon the said trial : but in such case, he shall not receive, or be entitled to any part or share of the said penalty or forseiture, and the part or share to which he would otherwise have been entitled, shall accrue to the united states..
64. Sect. XXXVI. This act shall commence and take effect, from and aster the last day of May next, and thenceforth, the act entitled, « An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," and also, the act entitled, “ An act to explain and amend an act, entitled “An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," shall be repealed, and cease to operate, except as to the validity of the registers, records, enrolments and licenses, with the certificates and documents, which shall have been done or granted, in pursuance of those acis, prior to the first day of June next, which shall continue to be of the like force and effect, as if the said acts were not repealed; and except also, as to the prosecution, recovery and distribution of, and for fines, penalties and forfeitures, which may have been incurred, prior to the first day of June next, for which purpose likewise, the said acts shall continue in force.
65. SECT. XXXVII. Nothing in this act, shall be construed to extend to any boat or lighter, not being masted, or if masted, and not decked, employed in the harbor of any town or city.
ACT of March 3, 1795. (Vol. III. p. 194.) 66. Coasting vessels going from Long-Island in the state of Newa York to the state of Rhode-Island, or from the state of Rhode Island to the said Long-Island, shall have the same privileges as are allowed to vessels under the like circumstances going from a district in one state to a district in the same or an adjoining state.
ACT of March 2, 1797. (Vol. III. p. 383.) 67. Whenever it shall appear, by satisfactory proof, to the secretary of the treasury, that any ship or vessel hath been sold and transferred by process of law ; and that the register, certificate of enrolment, or license, as the case may be, of such ship or vessel, is retained by the former owners, it shall be lawful for the said secretary, to order and direct the collector of the district to which such ship or vessel may be. long, to grant a new register, certificate of enrolment, or license, as the case may be, on the owners, under such sale, complying with such terms and conditions, as are, by law, required for granting of such papers; excepting only the delivering up of the former certificate of re. gistry, enrolment or license, as the case may be : Provided nevertheless, That nothing in this act contained, shall be construed to remove the liability of any person or persons to any penalty for not surrendering up the papers, belonging to any ship or vessel, on a transfer or sale of the same.
ACT of June 27, 1797. (Vol. IV. p. 11.) 68. No ship or vessel which has been, or shall be registered, pure suant to any law of the united states, and which hereafter shall be sized, or captured and condemned, under the authority of any foreign power, or that shall by sale become the property of a foreigner or fo. reigners, shall, after the passing of this act, be entitled to, or capable of receiving a new register, notwithstanding such ship or vessel should afterwards become American property ; but all such ships and vessels shall be taken and considered, to all intents and purposes, as foreign vessels : Provided, That nothing in this act contained, shall extend to, or be construed to affect the person or persons owning any ship or vessel, at the time of the seizure, or capture of the same, or shall prevent such owner, in case he regain a property in such ship or vessel, so condemned, by purchase or otherwise, from claiming and receiving a new register for the same, as he might or could have done, if this act had not been passed.
ACT of June 1, 1796. (Vol. III. p. 356.) 69. Sect. I. It shall be the duty of the secretary of state, to prepare a form, which, when approved by the president, shall be deemed the forin of a passport for ships and vessels of the united states.
70. Sect. II. Every ship and vessel of the united states, going to any foreign country, shall, before she departs from the united states, at the request of the master, be furnished by the collector for the district, where such ship or vessel may be, with a passport of the form prescribed and established, pursuant to the foregoing section ; for which passport, the master of such ship or vessel, shall pay to the said collector, ten dollars, to be accounted for by him ; and in order to be entitled to such passport, the master of every such ship or vessel shall be bound with sufficient sureties, to the treasurer of the united states, in the penalty of two thousand dollars, conditioned, that the said passport shall not be applied to the use or protection of any other ship or vessel, than the one described in the same ; and in case of the loss or sale of any ship or vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if the loss or sale take place within the united states; or within six months, is the same shall happen at any place nearer than the Cape of Good-Hope ; and within eighteen months, if at a more distant place.
71. Sect. III. There shall be paid on every ship and vessel of the united states sailing or trading to any foreign country, other than some port or place in America, for each and every voyage, the sum of four dollars, to be received and accounted for, by the collector, at the time of clearing outward, if such vessel be bound direct to such foreign country, from any port of the united states, or at the time of entry in the united states, if such ship or vessel shall have sailed to such foreign country, from any port or place in America, other than of the united states.
72. Sect. IV. If any ship or vessel of the united states, shall depart therefrom, after the first day of September next, and shall be bound to any foreign country, other than to some port or place in America, without such passport, the master of such ship or vessel shall forfeit and pay the sum of two hundred dollars for every such offence.
ACT of March 3, 1800. (Vol. V. p. 38.) 73. Sect. I. When any vessel other than a vessel of war or privateer, or when any goods which shall hereafter be taken as prize by any Vessel, acting under authority from the government of the united states, shall appear to have before belonged ioany person or persons, resident within or under the protection of the united states, and to bave been taken by an enemy of the united states, or under authority, or pretence of authority, from any prince,government or state against which the united states have authorized,or shall authorize defence or reprisals,such Vessel or goods not having been condemned as prize by competent althority before the re-capture thereof, the same shall be restored to the former owner or owners thereof, he or they paying fir and in lieu of salvage, if re-taken by a public vessel of the united states, one eighth pari, and if re-taken by a private vessel of the united states, one sixth part, of the true value of the vessel or goods so to be restored, allowing and excepting all imposts and public duties to which the same may be liable. And if the vessel so re-taken shall appear to have been stt