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of the district, where such ship or vessel may be, and he is hereby re-
quired, upon the application of such agent or attorney, to proceed to the
registering of the said ship or vessel, the said agent or attorney, first com-
plying, on behalf, and in the stead of, the owner or owners thereof, with
the requisites prescribed by this act, in order to the registry of ships or
vessels, except, that in the oath or affirmation, which shall be taken by
the said agent or attorney, instead of swearing or affirming that he is
owner, or an owner of such ship or vessel, he shall swear or affirm, that
he is agent or attorney for the owner or owners thereof, and that he
hath bona fide purchased the said ship or vessel, for the person or persons,
whom he shall name and describe as the owner or owners thereof: Pro-
vided, nerertheless, That whenever such ship or vessel shall arrive within
the district comprehending the port to which such ship or vessel sball
belong, the certificate of registry, which shall have been obtained, as
aforesaid, shall be delivered up to the collector of such district, who, upon
the requisites of this act, in order to the registry of ships or vessels, being
complied with, shall grant a new one, in lieu of the first; and the certifi-
cate, so delivered up, shall forthwith be returned by the collector, who
shall transmit the same to the collector who shall have granted it. And
if the said first-mentioned certificate of registry, shall not be delivered up,
as above directed, the owner or owners, and the master of such ship or
vessel, at the time of her said arrival within the district comprehending
the port to which she may belong, shall, severally, forfeit the sum of one
hundred dollars, to be recovered, with costs of suit, and the said certificate
of registry shall be thenceforth void. And in case any of the matters of
fact, in the said oath or affirmation alleged, which shall be within the
knowledge of the party so swearing or affirming, shall not be true, there
shall be a forfeiture of the ship or vessel, together with her tackle, furni-
ture and apparel, in respect to which, the same shall have been made, or
of the value thereof, to be recovered, with costs of suit, of the person by
whom such oath or affirmation shall have been made: Provided, always,
That if the master, or person having the charge or command of such ship
or vessel, shall be within the district aforesaid, when application shall be
made for registering the same, he shall, himself, make oath or affirmation,
instead of the said agent or attorney, touching his being a citizen, and the
means whereby, or manner in which, he is so a citizen; in which case, if
what the said master, or person having the said charge or command, shall
80 swear or affirm, shall not be true, the forfeiture aforesaid shall not be
incurred, but he shall, himself, forfeit and pay, by reason thereof, the sum
of one thousand dollars.
Sec. 13. That if the certificate of the registry of any ship or vessel

Oath to be tashall be lost or destroyed, or mislaid, the master, or other person having certificate of the charge or command thereof, may make oath or affirmation, before the registry. collector of the district where such ship or vessel shall first be, after such loss, destruction, or mislaying, who is hereby authorized to administer the same, which oath or affirmation shall be of the form following: “I [inserting here the name of the person swearing or affirming] being master (or having the charge or command] of the ship or vessel, called the [inserting the name of the vessel] do swear (or affirm) that the said ship, or vessel hath been, as I verily believe, registered, according to law, by the name of [inserting again the name of the ves el] and that a certificate thereof was granted by the collector of the district of [naming the district, where registered] which certificate has been lost, [or destroyed, or unintentionally and by mere accident mislaid, as the case may be,] and [except, where the certificate is alleged to have been destroyed] that the same, if found again, and within my power, shall be delivered up to the collector of the district, in which it was granted ;” which oath, or affirmation shall be subscribed by the party making the same, and upon such oath or affirmation being made, and the other requisites of this act, in order to the regis

try of ships, or vessels, being complied with, it shall be lawful for the collector of the district, before whom such oath or affirmation is made, to grant a new register, inserting therein, that the same is issued, in the room of the one lost or destroyed. But in all cases, where a register shall be granted, in lieu of the one lost or destroyed, by any other than the collector of the district, to which the ship, or vessel, actually belongs, such register shall, within ten days after her first arrival within the district to which she belongs, be delivered up to the collector of the said district, who shall, thereupon, grant a new register, in lieu thereof. And in case the master, or commander shall neglect to deliver up such register within the time aforesaid, he shall forfeit one hundred dollars; and the

former register shall become null and void. Vessels sold, Sec. 14. That when any ship or vessel, which shall have been regisbere to be regis- tered, pursuant to this act, or the act hereby, in part, repealed, shall, in

whole, or in part, be sold or transferred to a citizen or citizens of the United States, or shall be altered in form or burthen, by being lengthened, or built upon, or from one denomination to another, by the mode or method of rigging or fitting, in every such case, the said ship or vessel shall be registered anew, by her former name, according to the directions hereinbefore contained, (otherwise she shall cease to be deemed a ship or vessel of the United States,) and her former certificate of registry shall be delivered up to the collector to whom application for such new registry shall be made, at the time, that the same shall be made to be by him transmitted to the register of the treasury who shall cause the same to be cancelled. And in every such case of sale or transfer, there shall be some instrument of writing, in the nature of a bill of sale, which shall

recite, at length, the said certificate, otherwise the said ship or vessel March 2, 1797,

shall be incapable of being so registered anew. And in every case, in ch. 7.

which a ship or vessel is hereby required to be registered anew, if she shall not be so registered anew, she shall not be entitled to any of the privileges or benefits of a ship or vessel of the United States. And further, if her said former certificate of registry shall not be delivered up, as aforesaid, except where the same may have been destroyed, lost, or unintentionally mislaid, and an oath or affirmation thereof shall have been. made, as aforesaid, the owner or owners of such ship or vessel shall forfeit and

pay the sum of five hundred dollars, to be recovered, with costs

of suit. Owner or Sec. 15. That when the master, or person having the charge or command master to report of a ship or vessel, registered pursuant to this act, or the act hereby in such change to collector.

part repealed, shall be changed, the owner, or one of the owners, or the new master of such ship or vessel, shall report such change to the collector of the district where the same shall happen, or where the said ship or vessel shall first be, after the same shall have happened, and shall produce to him the certificate of registry of such ship or vessel, and shall make oath or affirmation, showing that such new master is a citizen of the Unit. ed States, and the manner in which, or means whereby, he is so a citizen; whereupon the said collector shall indorse upon the said certificate of registry, a memorandum of such change, specifying the name of such new master, and shall subscribe the said memorandum with his name, and if other than the collector of the district, by whom the said certificate of registry shall have been granted, shall transmit a copy of the said memorandum to him, with notice of the particular ship or vessel, to which it shall relate ; and the collector of the district, by whom the said certificate shall liave been granted, shall make a like memorandum of such change, in his book of registers, and shall transmit a copy thereof, to the register of the treasury. And if the said change shall not be reported, or if the said oath or affirmation shall not be taken, as above directed, the registry of such ship or vessel shall be void, and the said master, or person, having the charge or command of her shall forfeit and pay the sum of one hundred dollars.

Sec. 16. That if any ship or vessel, heretofore registered, or which shall Vessels sold to hereafter be registered, as a ship or vessel of the United States, shall be foreigners forfeitsold or transferred, in whole or in part by way of trust, confidence or oth- make such reerwise, to a subject or citizen of any foreign prince or state, and such sale port. or transfer shall not be made known, in manner hereinbefore directed, such ship or vessel, together with her tackle, apparel, and furniture shall be forfeited : Provided, That if such ship or vessel shall be owned in part only, and it shall be made appear to the jury, before whom the trial for such forfeiture shall be had, that any other owner of such ship or vessel, being a citizen of the United States, was wholly ignorant of the sale or transfer to, or ownership of, such foreign subject or citizen, the share or interest of such citizen of the United States shall not be subject to such forfeiture; and the residue only shall be so forfeited.

Sec. 17. That upon the entry of every ship or vessel of the United States, Oath on entry from any foreign port or place, if the same shall be at the port or place, at of vessel of U.S. which the owner, or any of the part owners reside, such owner or part ports. owner shall make oath or affirmation, that the register of such ship or vessel contains the name or names of all the persons, who are then owners of the said ship or vessel ; or if any part of such ship or vessel has been sold or transferred, since the granting of such register, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by the way of trust, confidence, or otherwise, in such ship or vessel. And if the owner, or any part owner, shall not reside at the port or place, at which such ship or vessel shall enter, then the master or commander shall make oath or affirmation, to the like effect. And if the owner, or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges of a ship or vessel of the United States.

Sec. 18. That, in all cases, where the master, commander, or owner of a Collector, how ship or vessel, shall deliver up the register of such ship or vessel, agreea- delivering up the

to proceed on bly to the provisions of this act, if to the collector of the district where the register. same shall have been granted, the said collector shall, thereupon, cancel the bond, which shall have been given at the time of granting such register; or, if to the collector of any other district, such collector shall grant to the said master, commander, or owner, a receipt or acknowledgment, that such register has been delivered to him, and the time, when ; and upon such receipt being produced to the collector by whom the register was granted, he shall cancel the bond of the party, as if the register had been returned to him.

Sec. 19. That the collector of each district shall progressively number the certificates of the registry by bim granted, beginning anew, at the registry to be

. commencement of each year, and shall enter an exact copy of each certificate, in a book to be kept for that purpose ; and shall, once in three months, transmit to the register of the treasury, copies of all the certificates, which shall have been granted by him, including the number of each.

Sec. 20. That every ship or vessel, built in the United States, after the Ships built in fifteenth day of August, one thousand seven hundred and eighty-nine, and U. S. after 15th belonging wholly, or in part, to the subjects of foreign powers, in order to to obtain regisbe entitled to the benefits of a ship, built and recorded in the United try. States, shall be recorded in the office of the collector of 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 the same, in manner following: “I [inserting here the name of such builder) of [inserting here the place of his residence] shipwright, do swear (or affirm) that [describing here the kind of vessel, as, whether ship, brig, snow, schooner, sloop, or whatever else] named [inserting here the name

Certificates of Collector to

sec. 44.

of the ship or vessel] having [inserting here the number of decks] and being in length [inserting here the number of feet] in breadth [inserting here the number of feet] in depth [inserting here the number of feet] and measuring [inserting here the number of tons] having [specifying, whether any or no] gallery, and (also specifying, whether any or no] head, was built by me, or under my direction, at [naming the place, county, and State) in the United States, in the year [inserting here the number of the year];” which oath, or affirmation, shall be subscribed by the person making the same, and shall be recorded in a book, to be kept, by the said collector, for that purpose.

Sec. 21. That the said collector shall cause the said ship or vessel to have them sur- be survey 1 or admeasured, according to the rule,* prescribed by the for1790, ch. 35, ty-third section of the act, intituled “ An act to provide more effectually

for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels ”; and the person by whom such admeasurement shall be made shall grant a certificate thereof, as in the case of a ship or vessel to be registered; which certificate shall be countersigned by the said builder, and by an owner, or the master, or person having the command or charge thereof, or by some other person, being an agent for the owner or owners

thereof, in testimony of the truth of the particulars therein contained. And grant

Sec. 22. That a certificate of the said record, attested under the hand and certificate of the record.

seal of the said collector, shall be granted to the master of every such ship or vessel, as nearly as may be, of the form following: “In pursuance of an act, intituled • An act concerning the registering and recording of ships or vessels,' “ 1 [inserting here the name of the collector of the district] of [inserting here the name of the district) in the United States, do certify, that [inserting here the name of the builder) of [inserting here the place of his residence, county, and State) having sworn, or affirmed, that the [describing the ship or ressel, as in the certificate of record] named [inserting here her name] whereof (inserting here the name of the master] is, at present, master, was built at [inserting here the name of the place, county, and State where built] by him, or under his direction, in the year [inserting here the number of the year] and [inserting here the name of the surveyor, or other person, by whom the same admeasurement shall have been made] having certified, that the said ship or vessel has [inserting here her number of decks] is, in length [inserting here the number of feet] in breadth [inserting here the number of feet] in depth [inserting here the number of feet] and measures [inserting here the number of tons]: And the said builder and [naming and describing the owner, or master, or agent for the owner or owners, as the case may be, by whom the said certificate shall have been countersigned] having agreed to the said description and admeasurement, the said ship or vessel has been recorded, in the district of [inserting here the name of the district, where recorded] in the United States : Witness my hand and seal, this [inserting here the day of the month] day of [inserting here the name of the month] in the year (inserting here the number of the year]”; which certificate shall be recorded in the office of the said collector, and a duplicate thereof transmitted to the register of the treasury of the United States, to

be recorded in his office. Changes of Sec. 23. That if the master, or the name, of any ship or vessel so reof the ship, to be corded, shall be changed, the owner, part owner, or consignee of such ship indorsed on cer- or vessel, shall cause a memorandum thereof to be indorsed on the certiftificate of record. icate of the record, by the collector of the district, where such ship or

vessel may be, or at which she shall first arrive, if such change took place in a foreign country; and a copy thereof shall be entered in the book of records, a transcript whereof shall be transmitted, by the said collector, to the collector of the district where such certificate was granted (if not the same person), who shall enter the same in his book of records, and forward a duplicate of such entry, to the register of the treasury of the United States; and in such case, until the said owner, part owner, or consignee 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.

* See act May 6, 1864, ch. 83, $ 5. Also act March 2, 1799, ch. 22, \ 64.

Sec. 24. That the master, or other person having the command or Certificate to charge of any ship or vessel, recorded in pursuance of this act, shall, on

be produced on

entry, entry of such ship or vessel, produce the certificate of such record, to the collector of the district, where she shall be so entered ; in failure of which, in failure to for. the said ship or vessel shall not be entitled to the privileges of a vessel, feit privileges of recorded as aforesaid : Provided always, and be it further enacted, 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.

Sec. 25. That the fees and allowances, for the several services to be Fees, performed, pursuant to this act, and the distribution of the same, shall be as follows, to wit: For the admeasurement * of every ship or vessel of one hundred tons and under, one cent per ton ; for the admeasurement of how distributed. 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 How distribucertificate of registry or record, one hundred cents; and for taking every

ted. bond required by this act, twenty-five cents. The 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 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 rate of fees, demandable by this act.

Sec. 26. That every collector, or officer, who shall knowingly make, or Penalty on be concerned in making, any false register or record, or shall knowingly making false

registers, or degrant, or be concerned in granting, any false certificate of registry or rec

manding unlaword of, or for any ship or vessel, or other false document whatsoever, ful fees. touching the same, contrary to the true intent and meaning of this act, 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 raval 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 persons, authorized and required by this act, in re

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See act May 6, 1864, ch. 83, I$ 4 and 5. Also act March 2, 1799, ch. 22, § 2.

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