delivered up trict where he shall arrive; and all the certificates, so delivered Certificates up, shall be forth with transmitted by the collector to the secreta- to be cancelry of the treasury, to be cancelled. led. § 10. That whenever any ship or vessel, registered in confor- Vessels sold mity with this act, shall, in whole or in part, be sold or transfer- in whole, or in part, to cired to a citizen or citizens of the United States, the former certizens, to be tificate of registry shall be delivered up to the collector, and by registered him, without delay, transmitted to the secretary of the treasury, anew, &c. to be cancelled; and such ship or vessel shall be registered anew by her former name, and a certificate thereof shall be granted by the collector, in like manner as is herein before directed. vessels to re cite the certificate of regis try, &c. § 11. That whenever any such ship or vessel shall, in whole Bills of sale of or in part, be sold or transferred to any person or persons, the certificate of the registry of every such ship or vessel shall be recited at length in the instrument of transfer or sale thereof, and in default thereof, such instrument of sale or transfer shall be void, and such ship or vessel shall not be deemed or denominated a ship or vessel entitled to any of the benefits or advantages of a ship or vessel of the United States. The change of the master of a vessel to be &c. § 12. That whenever the master or other person having the charge or command of any ship or vessel, registered in manner hereinbefore directed, shall be changed, the master or owner of endorsed on such ship or vessel shall deliver to the collector of the district the certificate where such change shall take place, the certificate of registry of registry by the collector, of such ship or vessel, who shall thereon endorse and subscribe a memorandum of such change, and forthwith give, notice of the same to the collector of the district where such ship or vessel was last registered pursuant to this act, who shall likewise make a memorandum of the same in the book of registers, and transmit a copy thereof to the secretary of the treasury. § 13. That if the certificate of registry of any ship or vessel In case of the shall be lost or destroyed, the master or other person having loss of a certicharge of the said ship or vessel, may make oath or affirmation ficate of regisbefore the collector of the district where such ship or vessel may ter to make try, the masarrive, who is hereby authorized to administer the same in the oath. words and form following: "I, being master, Form of the or having charge, of the ship or vessel called the oath. and that a certificate thereof was granted at the port of but that the same is lost or destroyed, (as the case may be) and that the same, if found again, and comes again within my power, shall be delivered up to the collector of the port where it was granted; and that the master of said ship or vessel is a citizen of the United States; and that the said ship or vessel is, as I believe, the entire property of a citizen or citizens of the United States; and that no foreigner has, to my knowledge and belief, any property or interest therein:" and the said oath or affirmation shall Oath to be filbe filed in the office of the said collector before whom it was ed, and the made, who is hereby required to register the said vessel anew, collector to reby her former name, and take the security in manner hereinbe- gister the vesfore directed, and deliver the certificate of such registry to the her former name, &c. sel anew by Registered ships or ves sels on being altered, to be registered anew. The collectors certificates of registry pro gressively; owner or owners, if residing within his district, or if not resident there, to the master or other person having charge of said ship or vessel, that such certificate of registry is granted in pursuance of this act, instead of a former certificate of registry, which appears, by such proof as this act requires, to be lost; and such. certificate of registry shall have the same effect with the original, and the said collector shall, within three months, transmit a duplicate of the said certificate to the secretary of the treasury, to be registered in his office, who shall notify the collector who granted the certificate which was lost or destroyed, of the same, who is hereby required to cause a memorandum thereof to be made in his book of registers. § 14. That if any ship or vessel, after having been registered in pursuance of this act, shall, in any manner whatever, 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 such case such vessel shall be registered anew, by her former name, in manner herein before directed, as soon as she returns to the port to which she belongs, or to any other port in which she may be lawfully registered by virtue of this act; otherwise such ship or vessel shall not be deemed and considered as a ship or vessel of the United States. § 15. That the collector of every district where registers shall to number the be made and certificates granted, in pursuance of this act, shall progressively number the same as they shall be severally granted, beginning at the time when this act shall be in force, and continuing to the end of the present year, and thenceforth beginning at the commencement of every year, and shall enter an exact copy of every such certificate, with the number thereof, in a book to be kept for that purpose; and shall, within three months, transmit to the secretary of the treasury, a true copy, together with the number, of every certificate which shall be by him so granted. and transmit copies to the secretary of the treasury. Vessels built in the U. S. after the 15th Aug. 1789, and owned by be recorded. Builder to make oath. § 16. That every ship or vessel built in the United States after the fifteenth day of August, one thousand seven hundred and eighty-nine, and belonging wholly or in part to the subjects of foreign powers, shall be recorded in the office of the collector of foreigners, to the district in which such ship or vessel was built, in manner following, that is to say: The builder of every such ship or vessel shall make oath or affirmation before the collector of such district, who is hereby authorized to administer such oath in manner following: I, of [here insert the place of residence, county, and state] shipwright, do swear, or affirm, that [here designate the kind of vessel] named having [number of decks] and being in length in breadth Form of the oath The oath to be recorded. ing in depth tons, having and measur- – gallery and head, was built by me, or under my direction, at [place, county, and state] in the United States, in the year which oath or affirmation shall be recorded in manner hereinbefore directed, in a book to be kept for that purpose. cate of the collector Form of the § 17. That a certificate of the said record, attested under the Collectors to hand and seal of the collector of the district as aforesaid, shall grant certifibe granted to the master of every such ship or vessel, in manner record. following: "In pursuance of an act, entitled "An act I, of the district of in the United States, do certify, certificate. that the builder [name] of [place of residence, county, and state] having sworn or affirmed, that the ship or vessel [bere desig nate the kind of vessel] named whereof is at present master, was built at [place, county, and state, where built] by him or under his direction, in the year and [here insert the name of the surveyor, or other person appointed by the collector, where there is no surveyor] having certified that the said ship or vessel has [numbers of decks,] is in length in depth in breadth and measures tons; and the said builder and master having agreed to the said description and measurement, the said ship or vessel has been recorded in the district of United States. Witness my hand and seal, this in the year in the day :" which of certificate shall be recorded in the office of the collector, and a Certificate to duplicate thereof transmitted to the secretary of the treasury of be recorded, the United States, to be recorded in his office. &c. the built, &c. § 18. That the surveyor or other person to be appointed by Surveyor, &c. the collector as aforesaid, is hereby required to deliver a true to give a writaccount in writing, signed with his name, of the built, descrip- ten account of tion and measurement of every such ship or vessel, as specified of vessels in the form of the said certificate of record, of such ships or ves- owned by forsels, which account shall also be signed by the master, to the col- eigners; to be lector of the district where such certificate of the record shall be signed by the granted. master. to be endorsed § 19. That if the master or the name of any ship or vessel so Change in the recorded shall be changed, the owner, part owner, or consignee, name of vesof such ship or vessel, shall cause a memorandum thereof to be sel, or master, endorsed on the certificate of the record, by the collector of the on the certifidistrict where such ship or vessel may be, or at which she shall cate of record, arrive, if such change took place in a foreign country, and a &c. copy thereof shall be entered in the book of records, a transcript whereof shall be transmitted by the collector to the collector of the district where such certificate was granted, who shall enter the same in his book of records, and forward a duplicate of such entry to the secretary of the treasury of the United States; and The formality in such case, until the said owner, part owner, or consignee, prescribed esshall cause the said memorandum to be made by the collector sential to conin manner aforesaid, such ship or vessel shall not be deemed or corded vessel. considered as a vessel recorded in pursuance of this act. stitute a entry, &c. re § 20. That the master or other person having command of any Certificate of ship or vessel recorded in pursuance of this act, shall, on entry of record to be such ship or vessel, produce the certificate of such record to the produced on collector of the district, in failure of which the said ship or vessel shall not be entitled to the privileges of a vessel recorded as aforesaid. Form of proceedings for the recovery of penalties, forfeitures, &c. Vol. i. p. 28. What is necessary to entitle vessels, of destined from § 21. That all the penalties and forfeitures inflicted and incurred by this act, shall and may be sued for, prosecuted and recovered, in such courts, and be disposed of in such manner, as any penalties or forfeitures inflicted, or which may be incurred, for any offence committed against the United States, in and by an act, entitled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," may legally be sued for, prosecuted, recovered, and disposed of. § 22. That from and after the tenth day of September next, every ship or vessel of the burthen of twenty tons or upwards, built within the United States, and wholly owned by a citizen or twenty tons or upwards, &c. citizens thereof; or not built within the United States, and on not registered, the sixteenth day of May, one thousand seven hundred and eighdistrict to dis- ty-nine, wholly owned, and thereafter continuing to be owned, trict, or to the by a citizen or citizens of the United States, but not registered, bank or whale if destined from district to district, or to the bank or whale fishfisheries, to eries, shall, in order to be entitled to all the privileges of a ship the privileges of a vessel be- or vessel belonging to the United States, employed in the coastlonging to the ing trade or in the fisheries, be enrolled by the collector of the United States. district where the owner, or one of the owners, of such vessel Collectors to enrol the may reside, and every vessel so enrolled shall have her name, and the name of the place to which she belongs, painted on her stern, in manner directed by this act for registered vessels, and such collector, on due proof, by oath, or affirmation, to him made, by the owner, or one of the owners, of such ship or vessel, of her name, burthen and denomination, and that she is of the description aforesaid, and of the names of the owner or owners, and of the master thereof, and that they are citizens of the United States, and of the place or places of residence of such owner or owners, shall enrol, in a book to be kept for that purpose, names of such the name of every such vessel, her burthen, where built, and devessels, &c. nomination, the name or names, and place or places of residence, of the owner or owners thereof, and that he or they, together with the master, are citizens of the United States; a description of the built of such vessel as aforesaid, and the date of the enrolment, and shall also grant to the owner or owners a certifiCertificate of cate, containing a copy of such enrolment, and transmit to the enrolment, &c. secretary of the treasury a copy of every such certificate of enOn change of rolment, to be by him recorded: And whenever the property of property of such ship or vessel shall be changed, in whole or in part, the such vessels, person or persons who shall then be owner or owners, or one of new certificates to be them, shall make known such change to the collector of the district where he or they may reside, and such collector is hereby authorized and directed to grant a new certificate of the enrolment of such ship or vessel, by her former name, to such owner or owners, upon his or their delivering up the former certificate, which shall be sent to the office of the collector from whence it The name and was issued, to be cancelled: Provided, That the master or owner place of vesof sels, between every vessel of less than twenty tons burthen, and not less than twenty and five tons, which shall be employed between any of the districts five tons, to be in the United States, shall cause the name of such vessel, and of painted on the the place to which she belongs, to be painted on her stern, in stern, &c. granted, &c. Vol. i. p. 58. manner directed by this act for registered vessels, and shall an- License, &c. nually procure a license from the collector of the district to which such vessel belongs, who is hereby authorized to give the same, purporting that such vessel is exempt from clearing and entering for the term of one year from the date thereof; and the master or owner of every such vessel shall give bond, with suffi- Bond, &c. cient security, for the payment of two hundred dollars to the United States, with condition that such vessel shall not be employed in any illicit trade or commerce; and before any new li- New license, cense shall be given for a succeeding year to the master of such on oath, of no vessel, he shall, on oath or affirmation, declare that no illicit trade has been carried on in such vessel, to his knowledge or belief, during the time for which she was licensed. illicit trade. cense for one year. Tonnage duty and bond, be § 23. That the master, commander, or owner, of every ship or Vessels of vessel, of the burthen of twenty tons or upwards, to be employ- twenty tons, or upwards ed in trade between different districts in the United States, and registered, or of every vessel to be employed in the bank or whale fisheries, enrolled, entihaving a certificate of registry or enrolment, as is herein direct- tled to a lied, shall, upon application to the collector of the district where such vessel may lie, be entitled to receive a license to trade between the different districts in the United States, or to carry on the bank or whale fishery for one year, and it shall be the duty of the collector to grant the same; but no license shall be granted for any vessel until the owner or owners applying there for shall have paid the tonnage duty thereon, and shall enter into bond, with sufficient security, for the payment of one thousand dollars to the United States, with condition that such vessel shall not, within the time for which such license was granted, be employed in any illicit trade or commerce: And if any vessel of Vessels not having certifithe burthen of twenty tons or upwards, not having a certificate cate of regisof registry or enrolment, and a license, shall be found trading try or enrolbetween different districts, or be employed in the bank or whale ment, subject fisheries, every such ship or vessel shall be subject to the same ties, &c. as to tonnage dutonnage and fees as foreign ships or vessels. fore license. foreign. of vessels &c. Forfeiture of 200 dollars, on default. § 24. That the master or commander of every ship or vessel Manifest and bound to any foreign port, shall deliver to the collector of the oath, in case district where such ship or vessel may be, a manifest of the car- bound to forgo on board such ship or vessel, and on making oath or affirma- eign ports, betion to the truth thereof, it shall be the duty of the said collec- fore clearance, tor to grant a clearance for such ship or vessel, and her loading; and if any ship or vessel, bound to any foreign port, shall depart from the place of her loading without such clearance, the master, commander, consignee, or owner thereof, shall forfeit and pay the sum of two hundred dollars for every such offence. § 25. That the master of every ship or vessel of the burthen Vessels of of twenty tons or upwards, licensed to trade between the differ- twenty tons or upwards,tradent districts of the United States, having on board goods, wares, ing between or merchandise, of foreign growth or manufacture, of the value different disof two hundred dollars, or rum or other ardent spirits exceeding tricts, in for eign goods, &c. four hundred gallons, and being bound from one district to an- to deliver duother, shall deliver to the collector, and where the collector and plicate manisurveyor reside at different places within the same district, to fests, &c. the collector or surveyor, as the one or the other may reside at 6 VOL. I. |