husband or or affirm that he is a citizen of the United States, and that such license shall not be 18 Feb. 1793. used for any other vessel, or any other employment, than that for which it is specially granted, or in any trade or business whereby the revenue of the United States may be Oath of ship's defrauded; and if such ship or vessel be less than twenty tons burthen, the husband or owner. managing owner shall swear or affirm that she is wholly the property of a citizen or citizens of the United States; whereupon it shall be the duty of the collector of the district comprehending the port, whereto such ship or vessel may belong, (the duty of six cents per ton being first paid), to grant a license in the form following: "License for carrying on the [here insert coasting trade, whale fishery or cod fishery, Form of license as the case may be.] In pursuance of 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 husband or managing owner, with his occupation and place of abode, and the name of the master, with the place of his abode] having given bond that the [insert here the description of the vessel, whether ship, brigantine, snow, schooner, sloop or whatever else she may be,] called the [insert here the vessel's name,] whereof the said [naming the master] is master, burthen [insert here the number of tons in words] tons, as appears by her enrolment, dated at [naming the district, day, month and year, in words at length (but if she be less than twenty tons, insert instead thereof), proof being had of her admeasurement] shall not be employed in any trade while this license shall continue in force whereby the revenue of the United States shall be defrauded, and having also sworn (or affirmed) that this license shall not be used for any other vessel, or for any other employment than is herein specified, license is hereby granted for the said [inserting here the description of the vessel] called the [inserting here the vessel's name] to be employed in carrying on the [inserting here coasting trade, whale fishery or cod fishery, (a) as the case may be] for one year (b) from the date hereof, and no longer: Given under my hand and seal, at [naming the said district] this [inserting the particular day] day of [naming the month] in the year [specifying the number of the year in words at length.]" Ibid. 25. 10. No license granted to any ship or vessel shall be considered in force any longer than such ship or vessel is owned, and of the description set forth in such license, or for How long to con carrying on any other business or employment than that for which she is specially tinue in force. licensed, (c) and if any ship or vessel be found with a forged or altered license, or making use of a license granted for any other ship or vessel, such ship or vessel, with her tackle, apparel and the cargo found on board her, shall be forfeited. Ibid. 7. Licenses to be recorded. 11. The collector of each district shall progressively number the licenses by him granted, beginning anew at the commencement of each year, and shall make a record thereof in a book, to be by him kept for that purpose, and shall, once in three months, numbered and transmit to the register of the treasury, copies of the licenses which shall have been so granted by him; and also of such licenses as shall have been given up or returned to Copies to be him respectively, in pursuance of this act. And where any ship or vessel shall be transmitted to licensed or enrolled anew, or being licensed or enrolled, shall afterwards be registered, treasury. or being registered, shall afterwards be enrolled or licensed, she shall, in every such case, be enrolled, licensed or registered by her former name. register of the Ibid. 8. Voyage without license, to be 12. If any ship or vessel enrolled or licensed, as aforesaid, shall proceed (d) on a foreign voyage (e) without first giving up her enrollment and license to the collector of Vessel proceedthe district comprehending the port from which she is about to proceed on such foreign ing on a foreign voyage, and being duly registered by such collector, every such ship or vessel, together giving up her with her tackle, apparel and furniture, and the goods, wares and merchandise, so forfeited. imported therein, shall be liable to seizure and forfeiture:(g) Provided always, If the port from which such ship or vessel is about to proceed on such foreign voyage, be not If in another diswithin the district, where such ship or vessel is enrolled, the collector of such district trict, collector to give certificate. shall give to the master of such ship or vessel a certificate, specifying that the enrolment and license of such ship or vessel is received by him, and the time when it was so received; which certificate shall afterwards be delivered by the said master to the collector who may have granted such enrolment and license. (a) As to the effect of a fishing license, see Dunham v. Lamphere, 3 Gray, 268. (b) The act 15 July 1798, 2, provides, that "no collector shall grant to any ship or vessel. whose enrolment or license for carrying on the coasting trade has expired, a new enrolment or license, before the master of such ship or vessel shall first render a true account to the collector of the number of seamen, and the tim they have severally been employed on board such ship or vesse. during the continuance of the license which has so expired. and pay to such collector twenty cents per month for every month such seamen have been severally employed as aforesaid; which sum the said master is hereby authorized to retain out of the wages of such seamen; and if any such master shall render a false account of the number of men, and the length of time they have been severally employed. as is herein required, he shall forfeit and pay on hundred dollars." 1 Stat. 606. The moneys so retained are to form a fund" to provide for the temporary relief of sick and (d) The forfeiture does not attach until the vessel has quitted port, with intent to proceed on such foreign voyage. Schooner Friendship, 1 Gall. 45. Sloop Julia, Ibid. 43. (e) A foreign voyage, means a voyage intended to some place vithin the jurisdiction of a foreign country, or at least without the territorial waters of the United States. The Sloop Lark, 1 Gall. 56 The Atlantic, Ware, 121. (g) See United States v. Schooler Hawke, Bee, 34. United States v. Hipkin, 2 Hall's L. J. 82. expired. lect or refusal. 18 Feb. 1793 9. 13. The license granted to any ship or vessel shall be given up to the collector of the License to be sur- district, who may have granted the same, within three days after the expiration of the rendered, when time for which it was granted, in case such ship or vessel be then within the district, or if she be absent at that time, within three days from her first arrival within the district afterwards, or if she be sold out of the district, within three days after the arrival of the master within any district, to the collector of such district, taking his certificate therefor; Penaity for neg- and if the master thereof shall neglect or refuse to deliver up the license, as aforesaid, he shall forfeit fifty dollars; but if such license shall have been previously given up to the collector of any other district, as authorized by this act, and a certificate thereof under the hand of such collector, be produced by such master, or if such license be lost or destroyed, or unintentionally mislaid, so that it cannot be found, and the master of such ship or vessel shall make and subscribe an oath or affirmation, that such license is lost, destroyed or unintentionally mislaid, as he verily believes, and that the same, if found, shall be delivered up, as is herein required, then the aforesaid penalty shall not be incurred. And if such license shall be lost, destroyed or unintentionally mislaid as license may be issued. aforesaid, before the expiration of the time for which it was granted, upon the like oath or affirmation being made and subscribed by the master of such ship or vessel, the said collector is hereby authorized and required, upon application being made therefor, to license such ship or vessel anew. Unless lost or destroyed. When new Ibid. 10. When license dered and re issued. 14. It shall and may be lawful for the owner or owners of any licensed ship cr vessel to return such license to the collector who granted the same, at any time within the year may be sure for which it was granted, who shall thereupon cancel the same, and shall license such vessel anew upon the application of the owner or owners, and upon the conditions hereinbefore required being complied with; and in case the term for which the former license was granted shall not be expired, an abatement of the tonnage of six cents per ton shall be made, in the proportion of the time so unexpired. Abatement for unexpired time. Ibid. 11. 15. Every licensed ship or vessel shall have her name, and the port to which ske Name and port to belongs, painted on her stern, in the manner as is provided for registered ships or be painted on the vessels;(a) and if any licensed ship or vessel be found, without such painting, the owner or owners thereof shall pay twenty dollars. steru. ported. change to be indorsed. Ibid. 12. 16. When the master of any licensed ship or vessel, ferry boats excepted, shall be Change of changed, the new master, or, in case of his absence, the owner or one of the owners masters to be re- thereof, shall report such change to the collector residing at the port where the same may happen, if there be one, otherwise, to the collector residing at any port where such ship or vessel may next arrive, who, upon the oath or affirmation of such new master, or, in On making oath, case of his absence, of the owner or one of the owners, that he is a citizen of the United States, and that such ship or vessel shall not, while such license continues in force, be employed in any manner whereby the revenue of the United States may be defrauded, shall indorse such change on the license, with the name of the new master; and when any change shall happen, as aforesaid, and such change shall not be reported, and the indorsement made of such change, as is herein required, such ship or vessel, found carrying on the coasting trade or fisheries, shall be subject to pay the same fees and tonnage as a vessel of the United States having a register, and the said new master shall forfeit and pay the sum of ten dollars. Penalty for neglect to report. Ibid. 13. 17. It shall be lawful at all times, for any officer concerned in the collection of the Revenue officers revenue, to inspect the enrolment or license of any ship or vessel; and if the master of any such ship or vessel shall not exhibit the same, when thereunto required by such officer he shall pay one hundred dollars. may inspect licenses. Ibid. ? 26. Admeasurement twenty tons. 18. Before any ship or vessel of the burthen of five tons, and less than twenty tons, shall be licensed, the same admeasurement shall be made of such ship or vessel, and the of vessels under same provisions observed relative thereto, as are to be observed in case of admeasuring ships or vessels to be registered or enrolled ; (b) but in all cases where such ship or vessel, or any other licensed ship or vessel, shall have been once admeasured, it shall not not to be repeat- be necessary to measure such ship or vessel anew, for the purpose of obtaining another enrolment or license, except such ship or vessel shall have undergone some alteration as to her burthen, subsequent to the time of her former license. Measurement ed 3 March 1825 1. 4 Stat. 129. Licenses to corporations. 19. Enrolments and licenses for steamboats or vessels owned by any incorporated company may be issued in the name of the president or secretary of such company ; (c) and that such enrolments and licenses shall not be vacated or affected by a sale of any share or shares of any stockholder or stockholders in such company. (a) That is, by act 31 December 1792. 3, on a black ground. in white letters, of not less than three inches in length. 1 Stat. 288. (b) See acts 31 December 1792, § 6, 1 Stat. 290; and 2 March 1799, 264, 1 Stat. 675. (c) By 4, the president or secretary shall previously swear or affirm as to the ownership of the vessel by such company, without designating the names of the persons comprising the company, and by 23, a new enrolment and license is to be taken out, upon the death, removal or resignation of each president or secretary. 4 Stat. 129. By act 3 March 1831, all the provisions of this act are extended to vessels owned by corporations and employed wholly in the whale fishery. 4 Stat. 492 4 Stat. 372. 20. That, atter the passage of this act, the secretary of the treasury be, and he is 11 Feb. 1830 & L hereby, invested with powers to authorize the surveyor of any port of delivery, under such regulations as he shall deem necessary, to enrol and license ships or vessels to be When surveyors employed in the coasting trade and fisheries, in like manner as collectors of ports of ing licenses. entry are now authorized to do, under existing laws.(a) may issue coast 21. Any surveyor who shall perform the duties directed to be performed by the first Ibid. 2. section of this act, shall be entitled to receive the same commissions and fees as are now Their fees, & allowed by law to collectors for performing the same duties, and no more. 4 Stat. 487. navigating the 22. Any boat, sloop or other vessel of the United States, navigating the waters on our 2 March 1831 § 3. northern, north-eastern and north-western frontiers, otherwise than by sea, shall be enrolled and licensed in such form as may be prescribed by the secretary of the treasury; How vessels which enrolment and license shall authorize any such boat, sloop or other vessel to be waters of the employed either in the coasting or foreign trade; and no certificate of registry shall be northern, northrequired for vessels so employed on said frontiers: (b) Provided, That such boat, sloop or north-western vessel shall be in every other respect liable to the rules, regulations and penalties now in force relating to registered vessels on our northern, north-eastern and north-western licensed. frontiers. III. DIVISION OF DISTRICTS. eastern and frontiers, may be enrolled and 3 Stat. 492. tricts for the 23. For the more convenient regulation of the coasting trade, the seacoast and navi-2 March 1819 § 1. gable rivers of the United States be, and hereby are, divided into two great districts; the first to include all the districts on the seacoast and navigable rivers between the eastern Division of dislimits of the United States and the southern limits of Georgia, and the second to include coasting trade. all the districts on the seacoast and navigable rivers between the river Perdido and the western limits of the United States. Ibid. ? 2. wards may trade 24. Every ship or vessel of the burden of twenty tons or upwards, licensed to trade between the different districts of the United States, shall be and is hereby authorized to Vessels of twenty carry on such trade between the districts included within the aforesaid great districts, tons and uprespectively, and between a state in one, and an adjoining state in another great dis- between such trict, in manner and subject only to the regulations that are now by law required to be observed by such ships or vessels, in trading from one district to another in the same state, or from a district in one state to a district in the next adjoining state, anything in any law to the contrary notwithstanding. districts. 25. Every ship or vessel, of the burden of twenty tons or upwards, licensed to trade as aforesaid, shall be, and is hereby required, in trading from one to another great dis- What regulatrict, other than between a state in one, and an adjoining state in another great dis- tions to be obtrict, to conform to and observe the regulations, that, at the time of passing this act, are required to be observed by such vessels in trading from a district in one state to a district in any other than an adjoining state. Ibid. 23. served. 26. The trade between the districts not included in either of the two great districts aforesaid, shall continue to be carried on in the manner, and subject to the regulations Trade in other already provided for this purpose. Ibid. 24. districts. 3 Stat. 685. erected. 27. The first section of an act passed on the 2d day of March 1819, entitled "An act 7 May 1822 2 11 supplementary to the acts concerning the coasting trade," be so far altered and amended that the seacoasts and navigable rivers of the United States be, and the same are hereby, Third district divided into three great districts, the first and second to be and remain as therein described, and the third to include all the ports, harbors, seacoasts and navigable rivers, between the southern limits of Georgia and the river Perdido; and the said third great district, so established, shall be subject to all the regulations and provisions of said act. IV. REGULATIONS OF THE COASTING TRADE. 1 Stat. 309. on board. to sub 28. The master or commander of every ship or vessel licensed for carrying on the 18 Feb 1793 ? 14. coasting trade, destined from a district in one state to a district in the same or an adjoining state on the seacoast, or on a navigable river, having on board either distilled spirits, in Masters of coasting vessels, hav casks, exceeding five hundred gallons; wine, in casks, exceeding two hundred and fifty ing certain goods gallons, or in bottles exceeding one hundred dozens; sugar, in casks or boxes, exceeding scribe duplicate three thousand pounds; tea, in chests or boxes, exceeding five hundred pounds; coffee, manifests in casks or bags, exceeding one thousand pounds; or foreign merchandise, in packages as imported, exceeding in value four hundred dollars; or goods, wares or merchandise, consisting of such enumerated or other articles of foreign growth or manufacture, or of both, whose aggregate value exceeds eight hundred dollars, shall, previous to the departure of such ship or vessel from the port where she may then be, make out and subscribe duplicate (a) The surveyor of the port of Camden, New Jersey, is authorized to enrol and license vessels for the coasting trade and fisheries, by act 30 June 1834. 27. 4 Stat. 715. (b) This act does not otherwise alter the navigation laws: its object being simply to give vessels enrolled and licensed, on these inland waters, the privileges as well of registered as of enrolled and licensed vessels, so that they may be employed as well in the foreign as in the domestic trade. United States v. The Margaret Yates. 22 Verm. 665. To deliver the same to the col or. and make oath, &c. 18 Feb. 1793. manifests of the whole of such cargo on board of such ship or vessel, specifying, in such manifests, the marks and numbers of every cask, bag, box, chest or package containing the same, with the name and place of residence of every shipper and consignee, and the quantity shipped by and to each; and if there be a collector or surveyor residing at such lector or survey- port, or within five miles thereof, he shall deliver such manifests to the collector, if there be one, otherwise to the surveyor, before whom he shall swear or affirm, to the best of his knowledge and belief, that the goods therein contained were legally imported, and the duties thereupon paid or secured, or if spirits distilled within the United States, that the duties thereon have been paid or secured; whereupon the said collector or surveyor shall certify the same on the said manifests, one of which he shall return to the said master, with a permit specifying thereon, generally, the lading on board such ship or vessel, and authorizing him to proceed to the port of his destination. And if any ship or vessel, being laden and destined as aforesaid, shall depart from the port where she may then be without the master or commander having first made out and subscribed duplicate manifests of the lading on board such ship or vessel, and in case there be a collector or surveyor residing at such port or within five miles thereof, without having previously delivered the same to the said collector or surveyor, and obtaining a permit in manner as is herein required, such master or commander shall pay one hundred dollars. Manifest to be certified, and mit issued. per Penalty for sail ing without per mit Ibid. 2 15. Certified or dupli cate manifest to be delivered previous to unlad ing. Affidavit of master. 29. The master or commander of every ship or vessel licensed for carrying on the coasting trade, having on board either distilled spirits, in casks, exceeding five hundred gallons; wine, in casks, exceeding two hundred and fifty gallons, or in bottles exceeding one hundred dozens; sugar, in casks or boxes, exceeding three thousand pounds; tea, in chests or boxes, exceeding five hundred pounds; coffee, in casks or bags, exceeding one thousand pounds; or foreign merchandise, in packages as imported, exceeding in value, four hundred dollars; or goods, wares or merchandise, consisting of such enumerated or other articles of foreign growth, or manufacture, or of both, whose aggregate value exceeds eight hundred dollars, and arriving from a district in one state at a district in the same, or an adjoining state on the seacoast, or on a navigable river, shall, previous to the unlading of any part of the cargo of such ship or vessel, deliver to the collector, if there be one, or if not, to the surveyor residing at the port of her arrival, or if there be no collector or surveyor residing at such port, then to a collector or surveyor, if there be any such officer residing within five miles thereof, the manifest of the cargo, certified by the collector or surveyor of the district from whence she sailed, (if there be such manifest), otherwise the duplicate manifests thereof, as is herein before directed, to the truth of which, before such officer, he shall swear or affirm. And if there have been taken on board such ship or vessel any other or more goods than are contained in such manifest or manifests since her departure from the port from whence she first sailed, or if any goods have been since landed, the said master or commander shall make known and particularize the same to the said collector or surveyor, or if no such goods have been so taken on board or landed, he shall so declare, to the truth of which he shall swear or affirm: Whereupon the said collector or surveyor shall grant a permit for unlading a part or the whole of such cargo, as the said master or commander may request. And if there be no collector or surveyor residing at or within five miles of the said port of surveyor, then at her arrival, the master or commander of such ship or vessel may proceed to discharge the lading from on board such ship or vessel, but shall deliver to the collector or surveyor residing at the first port where he may next afterwards arrive, and within twenty-four hours of his arrival, the manifest or manifests aforesaid, noting thereon the times when and places where the goods therein mentioned have been unladen, to the truth of which, before the said last-mentioned collector or surveyor, he shall swear or affirm; and if the Penalty for neg- master or commander of any such ship or vessel, being laden as aforesaid, shall neglect or refuse to deliver the manifest or manifests at the times and in the manner herein directed, he shall pay one hundred dollars. Permit to be granted. If no collector or the next port. lect to deliver manifest. Ibid. & 16. destined for an manifests 30. The master or commander of every ship or vessel, licensed for carrying on the Masters of coast coasting trade, and being destined from any district of the United States to a district (a) ing vessels other than a district in the same, or an adjoining state, on the seacoast, or on a navigable other district, to river, shall, previous to her departure, deliver to the collector residing at the port where deliver duplicate such ship or vessel may be, if there is one, otherwise to the collector of the district comprehending such port, or to a surveyor within the district, as the one or the other may reside nearest to the port at which such ship or vessel may be, duplicate manifests To specify spirits, of the whole cargo on board such ship or vessel, or if there be no cargo on board, he shall so certify; and if there be any distilled spirits, or goods, wares and merchandise of foreign growth or manufacture on board, other than what may by the collector be deemed sufficient for sea stores, he shall specify in such manifests the marks and numbers of every cask, bag, box, chest or package, containing the same, with the name and foreign goods. (a) See supra, 23-7, as to the great districts. and place of residence of every shipper and consignee of such distilled spirits, or goods 18 Feb. 1793. of foreign growth or manufacture, and the quantity shipped by, and to each, to be by him subscribed, and to the truth of which he shall swear or affirm; and shall also swear or To make oath affirm before the said collector or surveyor that such goods, wares or merchandise of thereto. foreign growth or manufacture were, to the best of his knowledge and belief, legally imported, and the duties thereupon paid or secured; or if spirits distilled within the United States, that the duties thereupon have been duly paid or secured; upon the performance of which, and not before, the said collector or surveyor shall certify the same on the said manifests; one of which he shall return to the master, with a permit thereto permit to he annexed, authorizing him to proceed to the port of his destination. And if any such ship issued. or vessel shall depart from the port where she may then be, having distilled spirits, or Penalty for L 2goods, wares or merchandise of foreign growth or manufacture on board, without the compliance. several things herein required being complied with, the master thereof shall forfeit one hundred dollars; (a) or if the lading be of goods, the growth or manufacture of the United States only, or if such ship or vessel have no cargo, and she depart without the several things herein required being complied with, the said master shall forfeit and pay fifty dollars. Ibid. 17 livered previous to unlading. 31. The master or commander of every ship or vessel, licensed to carry on the coasting trade, arriving at any district of the United States, from any district other than a district Certified maniin the same or an adjoining state on the seacoast, or on a navigable river, shall deliver fest to be de to the collector residing at the port where she may arrive, if there be one, otherwise to the collector or surveyor in the district comprehending such port, as the one or the other may reside nearest thereto, if the collector or surveyor reside at a distance not exceeding five miles, within twenty-four hours, or if at a greater distance, within forty-eight hours next after his arrival; and previous to the unlading any of the goods brought in such ship or vessel, the manifest of the cargo, (if there be any), certified by the collector or surveyor of the district from whence she last sailed, and shall make oath or affirmation Oath of master. before the said collector or surveyor, that there was not when he sailed from the district where his manifest was certified, or has been since, or then is, any more or other goods, wares or merchandise of foreign growth or manufacture, or distilled spirits (if there be any, other than sea stores, on board such vessel) than is therein mentioned; and if there be no such goods, he shall so swear or affirm; and if there be no cargo on board, he shall produce the certificate of the collector or surveyor of the district from whence she last sailed, as aforesaid, that such is the case: Whereupon such collector or surveyor shall Permit for un lading. grant a permit for unlading the whole, or part of such cargo (if there be any) within his district, as the master may request; and where a part only of the goods, wares and merchandise, of foreign growth or manufacture, or of distilled spirits, brought in such ship or vessel, is intended to be landed, the said collector or surveyor shall make an indorsement of such part, on the back of the manifest, specifying the articles to be landed; and shall return such manifest to the master, indorsing also thereon his permission for Return of manisuch ship or vessel to proceed to the place of her destination; and if the master of such fest with indorse ship or vessel shall neglect or refuse to deliver the manifest (or if she has no cargo, the landed. certificate) within the time herein directed, he shall forfeit one hundred dollars, and the Penalty for neg goods, wares and merchandise of foreign growth or manufacture, or distilled spirits, manifest. found on board, or landed from such ship or vessel, not being certified as is herein required, shall be forfeited, (b) and if the same shall amount to the value of eight hundred dollars, such ship or vessel, with her tackle, apparel and furniture shall be also forfeited. ment of goods lect to deliver Ibid. 18. 32. Nothing in this act contained shall be so construed, as to oblige the master or commander of any ship or vessel, licensed for carrying on the coasting trade, bound from a when masters district in one state to a district in the same, or an adjoining state, on the seacoast, or may sail without delivery of manion a navigable river, having on board goods, wares or merchandise, of the growth, pro- fest, or permit duct or manufacture of the United States only, (except distilled spirits), or distilled spirits, not more than five hundred gallons, wine in casks not more than two hundred and fifty gallons, or in bottles not more than one hundred dozens, sugar in casks or boxes not more than three thousand pounds, tea in chests or boxes not more than five hundred pounds, coffee in casks or bags not more than one thousand pounds, or foreign merchandise in packages, as imported, of not more value than four hundred dollars, or goods, wares or merchandise, consisting of such enumerated or other articles of foreign growth or manufacture, or of both, whose aggregate value shall be not more than eight hundred dollars, to deliver a manifest thereof, or obtain a permit previous to her departure, or on her arrival within such district, to make any report thereof; but such (a) This section does not forfeit the goods for the neglect of the master to insert in the manifest the particular description of articles of foreign manufacture thereby required. United States v. Carr, 8 How. 1. (b) This section does not apply to imperfections in the manifest. If the master does deliver to the collector, on arrival, the manifest certified by the collector at the port of departure, and it actually contains the goods, though imperfectly described, nc forfeiture is incurred. United States v. Carr, 8 How. 1. |