veffels par

agents, how

is hereby required, upon the application of chafed by fuch agent or attorney, to proceed to the reregistered. giftering of the faid fhip or veffel, the faid agent or attorney, first complying, on behalf, and in the ftead of, the owner or owners thereof, with the requifites prefcribed by this act, in order to the registry of fhips or veffels, except, that in the oath or affirmation, which fhall be taken by the faid agent or attorney, instead of fwearing or affirming that he is owner, or an owner of fuch fhip or veffel, he fhall fwear or affirm, that he is agent or attorney for the owner or owners thereof, and that he hath bona fide purchased the faid fhip or veffel, for the perfon or perfons, whom he shall name and defcribe as the owner or owners thereof: Provided nevertheless, That whenever such ship or veffel fhall arrive within the diftrict comprehending the port to which fuch fhip or veffel fhall belong, the certificate of registry, which fhall have been obtained, as aforefaid, fhall be delivered up to the collector of such district, who, upon the requifites of this act, in order to the registry of fhips or veffels, being complied with, fhall grant a new one, in lieu of the firft; and the certificate, fo delivered up, fhall forthwith be returned by the collector, who fhall tranfmit the fame to the collector who fhall have granted it. And if the faid firft mentioned certificate of registry, fhall not be delivered up, as above directed, the owner or owners, and the mafter of fuch fhip or veffel, at the time of her faid arrival within the district comprehending the port to which he may belong, fhall, feverally, forfeit the fum of one hundred dollars, to be recovered, with cofts of fuit, and the faid certificate of registry fhall be thenceforth void. And

in cafe, any of the matters of fact, in the faid bath or affirmation alledged, which fhall be within the knowledge of the party, so swearing or affirming, fhall not be true, there fhall be a forfeiture of the fhip or vessel, together with her tackle, furniture and apparel, in refpect to which, the fame fhall have been made, or of the value thereof, to be recovered, with cofts of fuit, of the perfon by whom such oath or affirmation fhall have been made : Provided always, That if the master, or perfon having the charge or command of fuch fhip or veffel, fhall be within the district aforefaid, when application fhall be made for regiftering the fame, he fhall, himself, make oath or affirmation, inftead of the said agent or attorney, touching his being a citizen, and the means whereby, or manner in which, he is fo a citizen; in which cafe, if what the faid maf ter, or perfon having the faid charge or com mand, fhall fo fwear or affirm, fhall not be true, the forfeiture aforefaid fhall not be incurred, but he fhall, himself, forfeit and pay, by reafon thereof, the fum of one thoufand dollars.

lofing cer

Sec. 13. And be it further enacted, That if oath to be the certificate of the registry of any fhip or taken on veffel fhall be loft or deftroyed, or miflaid, tificate of the master, or other perfon having the charge registry. or command thereof, may make oath or affirmation, before the collector of the district where fuch fhip or veffel fhall first be, after fuch lofs, deftruction, or miflaying, who is hereby authorized to adminifter the fame, which oath or affirmation fhall be of the form

following: "I (inferting here the name of the perfon fwearing or affirming) being master (or having the charge or command) of the VOL. II.

T

taken on

loling cer

bath to be fhip or veffel, called the (inferting the name of the veffcl) do fwear (or affirm) that the faid tificate of fhip, or veffel hath been, as I verily believe, regiftry registered, according to law, by the name of (inferting again the name of the veflei), and that a certificate thereof was granted by the collector of the diftrict of (naming the district, where registered) which certificate has been loft (or destroyed, or unintentionally and by mere accident miflaid, as the cafe may be) and (except, where the certificate is alledged to have been destroyed) that the fame, if found again, and within my power, fhall be delivered up to the collector of the district, in which it was granted;" which oath, or affirmation fhall be fubfcribed by the party making the fame, and upon fuch oath or affirmation being made, and the other requifites of this act, in order to the registry of fhips, or veffels, being com plied with, it fhall be lawful for the collector of the diftrict, before whom fuch oath or affirmation is made, to grant a new regifter, inferting therein, that the fame is iffued, in the room of the one loft or deftroyed. But in all cafes, where a register fhall be granted, in lieu of the one loft or destroyed, by any other than the collector of the diftrict, to which the fhip, or veffel actually belongs, fuch register fhall, within ten days, after her first arrival within the district to which fhe belongs, be delivered up to the collector of the faid district, who fhall, thereupon, grant a new register, in lieu thereof. And in cafe the mafter, or commander fhall neglect to deliver up fuch register, within the time aforefaid, he fhall forfeit one hundred dollars; and the former register shall become null and void.

Sec. 14. And be it further enacted, That

registered

anew.

when any fhip or veffel, which fhall have been velleir foll registered, purfuant to this act, or the act here- &c. to be by, in part, repealed, fhall, in whole, or in part, be fold, or transferred to a citizen or citizens of the United States, or fhall be altered in form, or burthen, by being lengthened, or built upon, or from one denomination to another, by the mode or method of rigging or fitting, in every fuch cafe the faid fhip or veffel fhall be registered anew, by her former name, according to the directions herein before contained, (otherwife e fhall cease to be deemed a fhip or veffel of the United States) and her former certificate of registry fhall be delivered up to the collector to whom application for fuch new registry fhall be made, at the time, that the fame fhall be made, to be by him tranfmitted to the Register of the Treafury who fhall caufe the fame to be cancelled. And in every fuch cafe of fale or transfer, there fhall be fome inftrument of writing, in the nature of a bill of fale, which shall recite, at length, the faid certificate, otherwise the faid ship or veffel fhall be incapable of being fo regiftered anew. And in every cafe, in which a fhip or veffel is hereby required to be regiftered anew, if fhe fhall not be fo registered anew, the fhall not be entitled to any of the privileges or benefits of a hip or veflel of the United States. And further, if her faid former certificate of registry fhall not be delivered up, as aforefaid, except where the fame may have been destroyed, loft, or unintentionally miflaid, and an oath or affirmation thereof shall have been made, as aforefaid, the owner or owners of such ship or veffel fhall forfeit and pay the fum of five hundred dollars, to be recovered, with cofts of fuit.

Owner or mafter to

change to collector.

Sec. 15. And be it further enacted, That report fuch when the mafter, or perfon having the charge or command of a fhip or veffel, registered purfuant to this act, or the act hereby in part repealed, fhall be changed, the owner, or one of the owners, or the new mafter of fuch fhip or veffel, fhall report fuch change to the collector of the district where the fame fhall happen, or where the faid fhip or veffel fhall first be, after the fame fhall have happened, and fhall produce to him the certificate of regifiry of fuch fhip or veffel, and fhall make oath or affirmation, fhewing that fuch new mafter is a citizen of the United States, and the manner in which, or means whereby, he is fo a citi zen; whereupon the faid collector fhall endorfe upon the faid certificate of registry, a memorandum of fuch change, fpecifying the name of fuch new mafter, and fhall fubfcribe the faid memorandum with his name, and if other than the collector of the district, by whom the faid certificate of regiftry fhall have been granted, fhall tranfmit a copy of the faid memorandum to him, with notice of the particular fhip or veffel, to which it fhall relate; and the collector of the district, by whom the faid certificate fhall have been granted, shall make a like memorandum of fuch change, in his book of registers, and fhall tranfmit a copy thereof, to the Register of the Treafury. And if the faid change fhall not be reported, or if the faid oath or affirmation fhall not be taken, as above directed, the registry of fuch fhip or veffel fhall be void, and the faid master, or perfon, having the charge or command of her, fhall forfeit and pay the fum of one hundred dollars.

Sec. 16. And be it further enacted, That if