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treasury of the United States. And in such case, until the said owner, part owner or con- 31 Dec. 1792. signee shall cause the said memorandum to be made by the collector in manner aforesaid, such ship or vessel shall not be deemed or considered as a vessel recorded, in pursuance of this act.

Ibid. 24.

Certificate to be

24. The master or other person having the command or charge of any ship or vessel, recorded in pursuance of this act, 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; produced at time of entry. 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necessary to record a second time any ship or vessel, which shall have been recorded pursuant to the act hereby in part repealed; but such recording shall be of the like force and effect, as if made pursuant to this act.

Ibid. 25.

be put up.

25. 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 Fees of officers. of every ship or vessel of one hundred tons and under, one cent per ton; for the admeasurement of every ship or vessel above one hundred, and not exceeding two hundred tons, one hundred and fifty cents; for the admeasurement of every ship or vessel above two hundred tons, two hundred cents; for every certificate of registry or record, two hundred cents; for every indorsement upon a certificate of registry or record, one hundred cents; and for taking every bond required by this act, twenty-five cents. The How distributed. whole amount of which fees 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 monthly 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 tonnage 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 naval officer, and every surveyor, who shall reside at a Table of fees to port where there is no collector, shall cause to be affixed and constantly kept in some conspicuous part of his office, a fair table of the rates of fees demandable by this act. 26. Every collector or officer, (a) who shall knowingly make, or be concerned in making any false register or record, or shall knowingly grant, or be concerned in granting Penalty for mak any false certificate of registry or record of, or for any ship or vessel, or other false docu- ing false registry, &c., or taking ment whatsoever touching the same, contrary to the true intent and meaning of this act ; illegal fees. 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 pursuant thereto; 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 Penalty for neg lect of duty. 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 meaning 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.

Ibid. 3 26.

Ibid. § 27.

27. 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 Penalty for using true intent of this act, such ship or vessel shall be forfeited to the United States, with certificate, without being enher tackle, apparel and furniture.(b) titled thereto.

28. If any person or persons shall falsely make oath or affirmation to any of the Ibid. 8 29. matters herein required to be verified, such person or persons shall suffer the like pains False swearing and penalties as shall be incurred by persons committing wilful and corrupt perjury, to be punished as perjury. And if any person or persons shall forge, counterfeit, erase, alter or falsify any certrficate, register, record or other document mentioned, described or authorized in and

(a) See act 2 March 1803, tit. "Crimes," 67. (b) The provisions of this section apply as well to vessels which have not been previously registered, as to those to which registers have been previously granted. The Neptune, 3 Wh. 601. A registered vessel which continues to use its register, after a transfer to a foreign subject, is liable to forfeiture, under this section.

The Margaret, 9 Ibid. 421. If circumstances of suspicion sufficient, in the judgment of the court, to call for explanation, be shown, and the claimant, having it in his power, by the production of documents, to make a clear case either for the government or himself, refuse to produce those documents, the vessel will be condemned. The Luminary, 8 Ibid. 407.

31 Dec. 1792. by this act, such person or persons shall, for every such offence, forfeit the sum of five hundred dollars.

2 March 197 1. 1 Stat. 498.

to issue after

judicial sale. if

retained by for

er owner.

29. 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 New register, &c., 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 belong, to grant a new register, certificate of enrolment or license, as the case may be, on the owners under Each 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 registry, 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.

27 June 1797

1 Stat. 523.

and condemned,

1.

receive a new re

30. No ship or vessel which has been or shall be registered pursuant to any law of the United States, and which hereafter shall be seized, or captured and condemned, under Vessels captured the authority of any foreign power, or that shall by sale become the property of a or sold to foreign foreigner or foreigners, shall, after the passing of this act, be entitled to or capable of subjects, not to receiving a new register, notwithstanding such ship or vessel should afterwards become gistry on com- American property; but all such ships and vessels shall be taken and considered, to all intents and purposes, as foreign vessels: (a) 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,(b) in case he regain a property in such ship or vessel so condemned, by purchase or otherUnless regained wise, from claiming and receiving a new register for the same, as he might or could have by former owner. done if this act had not been passed.

ing American property.

2 March 1803 3. 2 Stat. 210.

sel sold abroad to a citizen to be

deemed an American vessel.

To obtain new registry on arrival.

31. When any ship or vessel, which has been, or which shall be registered pursuant to any law of the United States, shall, whilst such ship or vessel is without the limits of the A registered ves- United States, be sold or transferred, in whole or in part, to a citizen or citizens of the said states, such ship or vessel, on her first arrival in the United States thereafter, shall be entitled to all the privileges and benefits of a ship or vessel of the United States: Provided, That all the requisites of law, in order to the registry of ships or vessels, shall be complied with, and a new certificate of registry obtained for such ship or vessel within three days from the time at which the master or other person having the charge or command of such ship or vessel, is required to make his final report upon her first arrival afterwards as aforesaid, agreeably to the 30th section of the act, passed on the 2d day of March 1799, entitled "An act to regulate the collection of duties on imports and tonnage." And it shall be lawful to pay to the collector of the district within which such ship or vessel may arrive as aforesaid, the duties imposed by law on the tonnage of such ship or vessel, at any time within three days from the time at which the master or other person having the charge or command of such ship or vessel is required to make his final report as aforesaid, anything to the contrary in any former law notwithstanding: Provided always, That nothing herein contained shall be construed to repeal, or in any wise change the provisions, restrictions or limitations of any former act or acts, excepting so far as the same shall be repugnant to the provisions of this act.

Ibid. 4. Secretary may

32. The power vested in the secretary of the treasury, to remove disabilities incurred under the act to which this is a supplement, and under the act entitled "An act for remit foreign du- enrolling and licensing ships or vessels, to be employed in the coasting trade and fisheries, and for regulating the same," shall extend to the remission of any foreign duties, which shall have been or shall be incurred by reason of such disabilities.

ties incurred.

27 March 1804 31. 2 Stat. 296.

by a naturalized

abroad, to be re

gistered.

33. No ship or vessel shall be entitled to be registered as a ship or vessel of the United States, or if registered, to the benefits thereof, if owned in whole or in part by any perNo vessel owned son naturalized in the United States, and residing for more than one year in the country citizen, residing from which he originated, or for more than two years in any foreign country, unless such person be in the capacity of a consul or other public agent of the United States: ProIn case of sale, vided, That nothing herein contained shall be construed to prevent the registering anew of any ship or vessel before registered, in case of a bona fide sale thereof to any citizen or citizens resident in the United States: And provided also, That satisfactory proof of the citizenship of the person on whose account a vessel may be purchased, shall be first exhibited to the collector, before a new register shall be granted for such vessel.

proof of

puraser's citizenship to be proluced.

Ibid. 2 2.

34. The proviso in the act entitled "An act in addition to an act, entitled an act concerning the registering and recording of ships and vessels," passed the 27th of Jane

(a) A registered or enrolled American vessel, voluntarily sold by her owner to a foreigner, and thus denationalized. is, equally with a foreign built ship, incapable of receiving a new register or

enrolment, although afterwards purchased and wholly owned by a citizen of the United States. 6 Opin. 383.

(b) Or his executors or administrators; see infra, 34.

1797, shall be taken and deemed to extend to the executors or administrators of the 27 March 1804. owner or owners of vessels, in the said proviso described.

2 Stat. 568.

be granted to un

35. No sea letter or other document certifying or proving any ship or vessel to be the 26 March 1810 & L property of a citizen or citizens of the United States, shall be issued except to ships or vessels duly registered, or enrolled and licensed, as ships or vessels of the United States, Sea letters not to or to vessels which at that time shall be wholly owned by citizens of the United States, registered vesand furnished with or entitled to sea letters or other custom house documents, any law sels, &c. or laws heretofore passed to the contrary notwithstanding.

2 Stat. 818.

vide new blank

36. It shall be the duty of the secretary of the treasury to cause to be provided blank 3 March 1813 & 1. certificates of registry, and such other papers as may be necessary, executed in such manner, and with such marks as he may direct; and from and after the 31st day of De- Secretary to procember 1814, no certificate of registry shall be issued, except such as shall have been pro- certificates. vided and marked as aforesaid; and the ships or vessels of the United States, which shall have been duly registered as such, shall be entitled to new certificates of registry (gratis) in exchange for their old certificates of registry. And it shall be the duty of the respective collectors, on departure of any such ship or vessel after the said 31st day of December 1814, from any district to which such ship or vessel shall belong, to issue a new certificate accordingly, and to retain and deface the former certificate.

4 Stat. 129.

37. Registers for steamboats or vessels owned by any incorporated company, may be з March 1825 2 2. issued in the name of the president or secretary of such company; and such register shall not be vacated or affected by a sale of any share or shares of any stockholder or stock- Registers to cor holders in such company.

porations.

Ibid. 2 3.

38. Upon the death, removal or resignation of the president or secretary of any incorporated company, owning any steamboat or vessel, a new register or enrolment and New register to license, as the case may be, shall be taken out for such steamboat or vessel.

issue on change of president, &c. Ibid. 24.

sufficient.

39. Previously to granting a register or enrolment and license for any steamboat or vessel owned by any company, the president or secretary of such company shall swear, Oath of president or affirm, as to the ownership of such steamboat or vessel, by such company, without or secretary to be designating the names of the persons composing such company; which oath or affirmation shall be deemed sufficient without requiring the oath or affirmation of any other person interested or concerned in such steamboat or vessel.

Ibid. 25.

40. Before granting a register for any steamboat or vessel, so owned by any incorporated company, the president or secretary thereof shall swear or affirm, that to the best Form of such of his knowledge and belief, no part of such steamboat or vessel has been, or is then oath. owned by any foreigner or foreigners.

4 Stat. 492.

tended to vessels

41. All the provisions of the act entitled "An act to authorize the register or enrol- 3 March 1831 § 1. ment and license, to be issued in the name of the president or secretary of any incorporated company owning a steamboat or vessel," passed the 3d day of March 1825, shall Act of 1825 exextend and be applicable to every ship or vessel owned by any incorporated company, employed in the whale fishery. and employed wholly in the whale fishery, so long as such ship or vessel shall be wholly employed in the whale fishery.

10 Stat. 149.

wrecked and pur

zens. may be re

42. That the secretary of the treasury be and he hereby is authorized to issue a register 23 Dec. 1852 ? 1. or enrolment for any vessel built in a foreign country, whenever such vessel may have been or shall hereafter be wrecked in the United States, and have been, or shall here Foreign vessels after be purchased and repaired by a citizen or citizens thereof: Provided, That it shall chased by citi be proved to the satisfaction of the secretary of the treasury that the repairs put upon gistered or ensuch vessel shall be equal to three-fourths of the cost of said vessel when so repaired.(a) 43. That the secretary of the treasury be and hereby is authorized to permit the owner 5 March 1856 § 1. or owners of any vessel to change the name of the same, when, in his opinion, there shall be sufficient cause for so doing; and he may establish such rules and regulations Names of vessels how changed. as he shall deem proper for that purpose.

II. RECORDING OF CONVEYANCES, ETC.

rolled.

11 Stat. 1.

9 Stat. 440.

44. No bill of sale, mortgage, hypothecation or conveyance (b) of any vessel, or part 29 July 1850 ₫ 1. of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof; (c) No conveyance or mortgage of a unless such bill of sale, mortgage, hypothecation or conveyance be recorded in the office vessel to be valid, of the collector of the customs where such vessel is registered or enrolled: Provided, against third per That the lien by bottomry on any vessel created during her voyage by a loan of money corded. or materials, necessary to repair or enable such vessel to prosecute a voyage, shall not Liens by bottomlose its priority, or be in any way affected by the provisions of this act.(d)

(a) The expense of getting such vessel afloat, and in a proper position for being repaired, should be taken into account, in deciding whether the repairs are equal to three-fourths of the cost of the vessel when repaired. 5 Opin. 675.

(b) It seems, that a charter party is not a conveyance within the act, and need not be recorded. Ruckman v. Mott, 6 Law Rep. 397-8.

sons, unless re

ry not to be af fected.

(c) The fact that a conveyance is not recorded, can be taken advantage of only by those who had a previously subsisting lien in the vessel. It has nothing to do with the personal liability of the general owner of the ship. Ruckman v. Mott, 6 Law Rep. 398. Hill v. The Golden Gate, 1 Newb. 309.

(d) The act was only intended to give recorded bills of sale or mortgages of vessels, priority over any subsequent conveyance of

29 July 1850 22.

Collectors to record conveyances, &c.

Fees.

Ibid. 3 3.

pared.

given.

45. The collectors of the customs shall record all such bills of sale, mortgages, hypothe cations or conveyances, and also all certificates for discharging and cancelling any such conveyances, in a book or books to be kept for that purpose, in the order of their reception; noting in said book or books, and also on the bill of sale, mortgage, hypothecation or conveyance, the time when the same was received; and shall certify on the bill of sale, mortgage, hypothecation or conveyance, or certificate of discharge or cancellation, the number of the book and page where recorded; and shall receive for so recording such instrument of conveyance or certificate of discharge, fifty cents.

46. The collectors of the customs shall keep an index of such records, inserting alphaIndex to be pre- betically the names of the vendor or mortgagor, and of the vendee or mortgagee, and shall permit said index and books of records to be inspected during office hours, under such reasonable regulations as they may establish; and shall, when required, furnish to Certificates to be any person a certificate, setting forth the names of the owners of any vessel registered or enrolled, the parts or proportions owned by each (if inserted in the register or enrollment) and also the material facts of any existing bill of sale, mortgage, hypothecation or other incumbrance upon such vessel, recorded since the issuing of the last register or enrolment, viz.: the date, amount of such incumbrance, and form and to whom or in whose favor made; the collector shall receive for each such certificate, one dollar. 47. The collectors of the customs shall furnish certified copies of such records on the receipt of fifty cents for each bill of sale, mortgage or other conveyance.

Fees.

Ibid. 24.

Ibid. 5. Owners, &c., to

swear to proportion owned by each person.

Bills of sale to set forth part conveyed.

8 March 1851 1. 9 Stat. 635.

Shipowners not

to be liable for

damage to goods

by fire, unless

caused by design or neglect.

Or by special contract.

Ibid. 22.

Not to be liable

for valuable goods, unless so

entered on bill of lading.

Ibid. 2 3.

Not to be liable for embezzlement, &c., by

persons on board, beyond the amount of their interest in the vessel, &c.

Ibid. 24.

48. The owner or agent of the owner of any vessel of the United States, applying to a collector of the customs for a register or enrolment of a vessel, shall, in addition to the oath now prescribed by law, set forth in the oath of ownership, the part or proportion of such vessel belonging to each owner, and the same shall be inserted in the register of enrolment; and all bills of sale of vessels registered or enrolled shall set forth the part of the vessel owned by each person selling, and the part conveyed to each person purchasing.

III. LIABILITY OF OWNERS.

49. No owner or owners of any ship or vessel shall be subject or liable to answer for or make good to any one or more person or persons, any loss or damage which may happen to any goods or merchandise whatsoever, which shall be shipped, taken in, or put on board any such ship or vessel, by reason or by means of any fire happening to or on board the said ship or vessel, unless such fire is caused by the design or neglect of such owner or owners: Provided, That nothing in this act contained shall prevent the parties from making such contract as they please, extending or limiting the liability of shipowners.(a)

50. If any shipper or shippers of platina, gold, gold dust, silver, bullion, or other precious metals, coins, jewelry, bills of any bank or public body, diamonds or other precious stones, shall lade the same on board of any ship or vessel, without, at the time of such lading, giving to the master, agent, owner or owners of the ship or vessel receiving the same, a note in writing (b) of the true character and value thereof, and have the same entered on the bill of lading therefor, the master and owner or owners of the said vessel shall not be liable, as carriers thereof, in any form or manner. Nor shall any such master or owners be liable for any such valuable goods beyond the value and according to the character thereof so notified and entered.

any embezzlement,

51. The liability of the owner or owners of any ship or vessel, for loss or destruction, by the master, officers, mariners, passengers or any other person or persons, of any property, goods or merchandise, shipped or put on board of such ship or vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner or owners respectively, in such ship or vessel, (c) and her freight then pending.(d) 52. If any such embezzlement, loss or destruction shall be suffered by several freighters or owners of goods, wares or merchandise, or any property whatever, on the same voyage, and the whole value of the ship or vessel, and her freight for the voyage, shall not he sufficient to make compensation to each of them, they shall receive compensation from

them, made by those in possession, and over any rights acquired by general creditors, by judgments and executions; it was not intended to interfere with the liens in favor of material men, given by the general maritime law. Reeder v. The George's Creek, 8 Am. L. R. 232, 236.

(a) See New Jersey Steam Navigation Co. v. Merchants' Bank, 6 How. 344.

(b) This does not make the absence of a "note in writing," a discharge of the shipowner's liability, where the true character and value of the enumerated articles have been fairly and clearly set down in the bill of lading, whether before or after the actual shipment; nor, it seems, where such character and value were, In fact, unknown to the parties. Wattson v. Marks, 2 Am. L. R. 167

(c) The personal liability of the owners, on a contract of affreightment, ceases upon a total destruction of the vessel and loss of freight, before the completion of her voyage, though the actual damage to, or loss of the goods to be carried, as in the case of theft, has taken place prior to the time of the destruction of the vessel. And this limitation of liability is not affected by the fact that the vessel was insured, and the insurance has been paid, or become payable. Wattson v. Marks. 2 Am. L. R. 157.

(d) When a vessel is lost by collision, the owners of the vessel in fault are liable to the extent of the freight then pending, as well as the value of their vessel. And the term "freight." includes the earnings of the vessel in transporting the goods of her owners. Allen v. Mackay, 6 Law Rep. 686.

ers to be reim

the owner or owners of the ship or vessel, in proportion to their respective losses; and 3 March 1851. for that purpose the said freighters and owners of the property, and the owner or owners Several freightof the ship or vessel, or any of them, may take the appropriate proceedings in any bursed in procourt, for the purpose of apportioning the sum for which the owner or owners of the ship portion to the value of ship and or vessel may be liable amongst the parties entitled thereto. And it shall be deemed a freight. sufficient compliance with the requirements of this act, on the part of such owner or Owners may conowners, if he or they shall transfer his or their interest in such vessel and freight, for vey in trust for the benefit of such claimants, to a trustee, to be appointed by any court of competent claimants. jurisdiction, to act as such trustee for the person or persons who may prove to be legally entitled thereto, from and after which transfer all claims and proceedings against the owner or owners shall cease.

the benefit of the

Ibid. 5.

53. The charterer or charterers of any ship or vessel, in case he or they shall man, victual and navigate such vessel at his or their own expense, or by his or their own pro- When charterers curement, shall be deemed the owner or owners of such vessel within the meaning of to be deemed this act; and such ship or vessel, when so chartered, shall be liable in the same manner as if navigated by the owner or owners thereof. (a)

owners.

actual delinquents not to be

54. Nothing in the preceding sections shall be construed to take away or affect the Ibid. 26. remedy to which any party may be entitled, against the master, officers or mariners, for Remedies against or on account of any embezzlement, injury, loss or destruction of goods, wares, merchandise or other property, put on board any ship or vessel, or on account of any negli- affected. gence, fraud or other malversation of such master, officers or mariners, respectively; nor Nor responsibili shall anything herein contained lessen or take away any responsibility to which any ty of mariners, &c. master or mariner of any ship or vessel may now by law be liable, notwithstanding such master or mariner may be an owner or part owner of the ship or vessel.

Ibid. 7.

55. Any person or persons shipping oil of vitriol, unslacked lime, inflammable matches or gunpowder, in a ship or vessel taking cargo for divers persons on freight, Penalty for shipwithout delivering, at the time of shipment, a note in writing, expressing the nature and ping inflam character of such merchandise, to the master, mate, officer or person in charge of the without notice. lading of the ship or vessel, shall forfeit to the United States one thousand dollars.

mable articles

56. This act shall not apply to the owner or owners of any canal boat, barge or Not to apply to lighter, or to any vessel of any description whatsoever, used in rivers or inland navi- canal boats, &c. gation.

Slave Trade.

1. Slave trade prohibited. Vessels engaged therein to be forfeited.

2. Penalty for knowingly equipping vessels for the slave trade. 3. Owners, &c., may, in case of suspicion, be required to give bond.

4. Penalty for receiving persons on board to be sold as slaves. 5. No resident to be interested in vessel engaged in the slave trade. Forfeiture and penalty.

6. Penalty for serving on board such vessel.

7. To apply to service on foreign vessel.

8. Such vessels to be liable to seizure. Distribution of proceeds. Persons engaged to be precluded. Persons on board to be apprehended.

9. Jurisdiction of the courts.

10. Not to authorize importation of slaves.

11. Distribution of forfeitures.

12. Vessels with slaves on board to be forfeited. Naval forces to be employed to enforce the act. Punishment of masters, &c. Proceeds, how distributed. Disposition of negroes found on board.

13. Penalty for transporting slaves in vessels of less than 40 tons. Except on the rivers and bays of the United States.

14. Vessels sailing coastwise, to insert description of slaves intended for sale in their manifests. Oath of master, &c. Collector or surveyor to certify. In case of neglect, vessel to be forfeited. Penalty on master.

15. Master to deliver manifest previous to landing such slaves.

Permit, when to be granted. Penalty for landing without per

mit.

16. Importation of negroes prohibited. Vessels to be forfeited. 17. Vessels built or equipped for the slave trade to be forfeited. 18. Penalty for fitting out vessels for the slave trade.

19. Penalty for receiving or transporting negross to be held in slavery. Vessel to be forfeited.

20. How such negroes to be disposed of.

21. Penalty for importing negroes into the United States to be held in slavery.

22. Penalty for purchasing or selling negroes so imported.
23. Burden of proof to rest on the defendant.
24. Limitation.

25. Repeal of act of 1807.

26. Naval forces to be employed in prevention of the slave trade. Vessels to be seized. Distribution of proceeds. Negroes to he delivered to the marshal, &c. Parties found on board to be arrested.

27. President to make regulations for disposal of such negroes. To appoint agents in Africa.

28. Bounty for each negro taken.

29. District attorney to prosecute. Marshal to take possession of negroes. Bounty to informer.

30. Vessels captured, to be sent to their proper ports, &c. 31. Slave trade to be deemed piracy. And punished with death. 32. Detaining negroes with intent to make them slaves, to be piracy.

1 Stat. 347. Slave trade prohibited.

1. No citizen or citizens of the United States, or foreigner, or any other person coming 22 March 1794 21. into or residing within the same, shall, for himself or any other person whatsoever, either as master, factor or owner, build, fit, equip, load or otherwise prepare any ship or vessel within any port or place of the said United States, (b) nor shall cause any ship or vessel to sail from any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country; (c) or for the purpose of procuring, from any foreign kingdom, place or country, the inhabitants of such kingdom, place or

See Hill v. Golden Gate, 5 Am. L. R. 142, 146–7.

(2) The net w. The ended to prohibit any citizen or resident of and the commencement of a new voyage in a Spanish port n

the United States, from equipping vessels within the United States, to carry on trade or traffic in slaves to any foreign country. Brig Tryphenia v. Harrison, 1 W. C. C. 522. The forfeiture attaches where the original voyage was commenced in the United

States, notwithstanding a pretended transfer to a Spanish subject,
Plattsburgh, 10 Wh. 133. See 4 Opin. 241.

(c) This act relates to the foreign slave trade, and is still in force. United States v. Naylor, 9 Law Rep. 449.

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