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landing to lie on

consignee and

sel.

or be employed in any foreign trade; and that on every voyage or trip, the whole of the cargo shall be landed in a port or place of the United States or the territories thereof, within the bay, sound, rivers or lakes to which the navigation of such vessel is confined, and the burthen Proof of fact of of proof of the landing the whole of any such cargo in a the owner, factor, port or place of the United States or the territories master of the ves- thereof, within the bay, sound, rivers, or lakes to which the navigation of such vessel or boat is confined, or in the port or place mentioned in her clearance, shall in case of any suit or prosecution instituted on such bond for a breach of the conditions thereof, lie upon the owner or owners, consignee or factors of such vessel or boat, or the master thereof, as the case may be: Provided, Such prosecution or suit be instituted within two years after such breach shall have been committed.

Penalties for taking prohibited

vessels.

SEC. 5. And be it further enacted, That if any vessel articles on board or boat, not having received a permission, and a bond not having been first given in the manner provided for in the next preceding section, shall take on board any article or articles prohibited by this act, such vessel or boat, together with her cargo, shall be wholly forfeited, and the owner or owners, agent, freighter or factors, master or commander of such vessel or boat, shall moreover severally forfeit and pay a sum equal to the value of the vessel or boat, and of the cargo put on board the

Who are to be

reputed owners of

ting breaches of this law.

same.

SEC. 6. And be it further enacted, That the person or vessels commit persons, whose names do or may appear as owner or owners of any ship or vessel either on the certificate of registry, enrolment, or license of any such ship or vessel, or if neither registered or licensed, on the last clearance. or custom house documents issued before the passing of this act for such ship or vessel, shall be reputed as the true owner or owners of such ship or vessel, and be liable to the payment of all penalties which may be incurred. by the owners of such ship or vessel, by reason of any violation of any of the provisions of this act: Provided always, That nothing in this section contained shall be construed to release any other person or persons from the payment of any penalty incurred by virtue of this act. On granting And in case of any new register or license being granted bond to be given. during the continuance of this act, or in case of the sale of any ship or vessel neither registered or licensed, a bond with one or more sureties to the United States shall,

Proviso

new register,

any ship

act to extend to vessels sold bona fide before notice.

previous to the granting any such new register or license, or to recognising the sale of such vessel not registered or licensed, be required by the collector, in an amount equal to three hundred dollars of each ton of such ship or vessel, that such ship or vessel shall not, during the continuance of this act, contravene or infringe any of the provisions thereof: Provided, That nothing herein contained shall, Nothing in this be construed to extend to the owner or owners of or vessel who shall have made a bona fide sale of such ship or vessel, in any port or harbour of the United States, before notice of this act at such port or harbour respectively, nor to the owner or owners of any ship or vessel, in any foreign port or place, who shall have made. a bona fide sale thereof before notice of this act: And Proviso. provided, also, That such bond shall not release the owners and master of such ship or vessel, or any other person from the obligation of giving every other bond required by this act.

Owners o licensed fishing

bonds not to pro

places, and that

with their fishing

SEC. 7. And be it further enacted, That the owner or owners of all vessels licensed for fisheries, or those bound vessels to give on a whaling voyage, and having no other cargo than ceed to foreign necessary sea stores, salt, and the usual fishing tackling they will return and apparel, shall give a general bond in four times the fare to the value of the vessel and cargo, that they will not, during the continuance of this act, proceed to any foreign port or place, and will return with their fishing fare to some port or place within the United States.

United States.

feiture of vessel, for departing

without regular

ting on board any artiprohibited

eign port.

Forfeiture by

of

vessels violating the law.

SEC. 8. And be it further enacted, That if any ship or Penalty in forvessel shall during the continuance of this act, depart from any port in from any port of the United States, without a clearance the United States or permit, or if any ship or vessel shall, contrary to the clearance, in putprovisions of this act, proceed to a foreign port or place, cles, or in proor trade with or put on board of any other ship or vessel ceeding to a forany article or articles prohibited by this act, such ship ties. Further penalor vessels, goods, wares, merchandise, produce, provisions, the master or naval or military stores shall be wholly forfeited; and if commander the same shall not be seized, the owner or owners, agent, freighter or factors of any such ship or vessel shall, for every such offence, forfeit and pay a sum equal to double the value of the ship or vessel and cargo, and shall never thereafter be allowed a credit for duties on any goods, wares, and merchandise imported by him or them into any of the ports of the United States; and the master or commander of such ship or vessel, as well as all other persons who shall knowingly be concerned in any such

Foreign vessels prohibited from

violations of this act, shall each respectively forfeit and pay a sum not exceeding twenty thousand dollars for every such offence, whether the vessel be seized and condemned or not; and shall be imprisoned for a term not less than six calendar months, nor exceeding one year: and the oath or affirmation of any master or commander knowingly offending against the provisions of this section, shall ever thereafter be inadmissible before any collector of the customs of the United States.

SEC. 9. And be it further enacted, That if any foreign faking on board ship or vessel shall, during the continuance of this act,

any specie or

other merchan

leiture of vessel, &c. &c.

dise under for take on board any specie, goods, wares, merchandise, produce, provisions, naval or military stores, other than the provisions and sea stores necessary for the voyage, such ship or vessel, and the specie and cargo on board shall be wholly forfeited, and may be seized and condemned in any court of the United States having competent jurisdiction; and every person concerned in such unlawful shipment, shall forfeit and pay a sum not exceeding twenty thousand dollars for every such offence.

Collectors may

custody articles really or apparently destined for the enemy.

take into their SEC. 10. And be it further enacted, That the collectors. of all the districts of the United States and the territories thereof, shall, and they are hereby authorized to take into their custody, any specie, goods, wares, merchandise, produce, provisions, naval or military stores, live stock, found on board of any ship or vessel, boat or other water craft, when there is reason to believe that they are intended for exportation, or when in vessels, carts, wagons, sleighs, or any other carriage, or in any manner apparently on their way towards the territories of a foreign nation, or the vicinity thereof, or towards a place whence such articles are intended to be exported, or placed in the possession of the enemies of the United States; and not to permit such articles. to be removed until bond, with sufficient sureties, shall have been given for the landing or delivery of the same in some place of the United States, whence, in the opinion of the collector, there shall not be any danger of such articles being exported or placed in the possession of the enemies of the United States.

Discretionary powers given to the collectors un

SEC. 11. And be it further enacted, That the powers der this act, to be given to the collectors by this act, to refuse permission formably with to put any cargo on board any vessel, boat, or other instructions. water craft, to detain any vessel, or to take into their

exercised con

the President's

against any

ance of act.

may be pleaded, and the Presi

tions, and this act

custody any articles for the purpose of preventing vio-In case of an aclations of the embargo, shall be exercised in conformity person acting unwith such instructions as the President may give, and of, and in pursu such rules as he may prescribe for that purpose, made the general issue in pursuance of the powers aforesaid; which instruc- dent's instructions and rules the collectors shall be bound to obey. be given in eviAnd if any action or suit be brought against any col- dence. lector or other person acting under the directions of, and in pursuance of this act, he may plead the general issue, and give this act and the instructions and regulations of the President in evidence for his justification and defence. And any person aggrieved by the acts. of any collector, in either of the cases aforesaid, may file his petition before the district court of the district wherein the collector resides, stating the facts of his case, and thereupon, after due notice given to the district attorney and the collector, the said court may summarily hear and adjudge thereupon, as law and justice may require; and the judgment of said court, and the reason and facts whereon it is grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permission to load as aforesaid shall be decreed, it shall be upon the party's giving such bond wit' sureties, as is or shall be required to be taken in similar cases by the collector, and not otherwise; but if the said court shall adjudge against such petition, the collector shall be entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the court.

powered to em

the naval or land

United States to

effect, as he may

SEC. 12. And be it further enacted, That it shall be President em lawful for the President of the United States, or such ploy such part of other person as he shall have empowered for that pur-forces of the pose, to employ such part of the land or naval forces carry this act into or militia of the United States, or of the territories thereof, indge necessary." as may be judged necessary, in conformity with the provisions of this act, for the purpose of preventing the illegal departure of any ship or vessel, or of detaining, taking possession of, and keeping in custody, any ship or vessel, or of taking into custody and guarding any specie, goods, wares, merchandise, produce, provisions, naval or military stores, or live stock, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons resisting the custom house officers in the exercise of their duties, or in any manner. 37639-18- -64

The vessels of the United States

sels violating act.

opposing the execution of this act, or otherwise violating or assisting and abetting violations of the same.

SEC. 13. And be it further enacted, That it shall be may seize on ves- lawful for the public and private armed vessels of the United States to capture and seize on the high seas or elsewhere any ship or vessel which shall have violated any of the provisions of this act, and to send the same into any port of the United States for adjudication

Penalties and forfeitures how to

and distributed.

1800, ch. 33.

1812, ch. 107.

1799, ch. 22.

SEC. 14. And be it further enacted, That all penalties be prosecuted and forfeitures incurred by force of this act, may be prosecuted, sued for, and recovered by action of debt or by indictment or information, as the case may require, and if recovered in consequence of any seizure made by the commander of any public armed vessel of the United States, shall be distributed according to the Act of April 23, rules prescribed by the act, entitled "An act for the government of the navy of the United States," and if in consequence of any seizure made by any private armed vessel of the United States, shall be distributed accordAct of June 26, ing to the rules prescribed by the act, entitled "An Act of March 2, act concerning letters of marque, prizes, and prize goods," and the act in addition thereto; and if otherwise, shall be distributed and accounted for, in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninetynine, and may be mitigated or remitted in the manner Act of March 3, prescribed by the act, entitled "An act to provide for mitigating or remitting forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed Act of Feb. 11, the eleventh day of February, one thousand eight hundred; and any officer or other person, entitled to a part or share of any of the fines, penalties, or forfeitures aforesaid, may, if necessary, be a witness on the trial therefor, but in such case he shall not receive any part or share of the said fines, penalty, or forfeiture, but the part or share to which he would otherwise be entitled shall belong to the United States.

1797, ch. 13.

1800, ch. 6.

The time dur

ing which this act

tion not to be

SEC. 15. And be it further enacted, That the time is to be in opera- during which this act shall continue in force, shall not be computed with computed as making part of the term of twelve calendar months, during which goods, wares, or merchandise imported into the United States must be exported in

respect todraw. backs.

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