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A C T S

o

O F

CONGRESS.

CHAPTER I.

An Act concerning the Regiftering and Recording of Ships or Veffels.

B

What Chips

or veffels

the United

Sec. I. E it enacted by the Senate and House of Reprefentatives of the United States of America in Congrefs affembled, That fhips or veffels, which fhall have been regiftered by virtue of the act, intitled, "An act for registering and clearing veffels, fhall be regulating the coafting trade, and for other deemed of purposes," and those which after the laft day States; of March next, fhall be registered, pursuant to this act, and no other (except such as shall be duly qualified, according to law, for carrying on the coafting trade and fisheries, or one of them) fhall be denominated and deemed fhips or veffels of the United States, entitled to the benefits and privileges appertaining to fuch fhips or veffels; Provided, That they privileges to enjoy the fhall not continue to enjoy the fame, longer only while than they fhall continue to be wholly owned, by citizens owned, &c. and to be commanded by a citizen or citizens of U. s. of the said states.

Sec. 2. And be it further enacted, That fhips or veffels built within the United States, whether before, or after, the fourth of July,

or ve fels

What fhips one thoufand feven hundred and feventy-fix, may be re- and belonging wholly to a citizen or citizens

gistered.

confined to

dents,

thereof, or not built within the faid ftates, but on the fixteenth day of May, in the year one thoufand feven hundred and eighty-nine, belonging, and thenceforth continuing to belong to a citizen or citizens thereof, and ships or veffels, which may hereafter be captured in war, by fuch citizen or citizens, and lawfully condemned as prize, or which have been or may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by a citizen or citizens thereof, and no other, may be registered as herein after directed: Provided, That no fuch Registry, fhip or veffel fhall be entitled to be fo regifbenefits of, tered, or if registered, to the benefits thereof, actual refi- if owned in whole, or in part, by any citizen of the United States, who usually resides in a foreign country, during the continuance of fuch refidence, unlefs fuch citizen be in the capacity of a conful of the United States, or capacity of an agent for, and a partner in, fome house of trade or co-partnership, confifting of citizens of the faid ftates actually carrying on trade within the faid ftates: And provided further, That no fhip or veffel, built within the United States, prior to the faid fixteenth day of May, which was not then owned wholly, or in part, by a citizen or citizens of the United States, fhall be capable of being registered, by virtue of any transfer to a citizen or citizens, which may hereafter be made, unless by way of prize or forfeiture: Provided nevertheless, That this fhall not be conftrued to prevent the registering anew, of any fhip or veffel, which was before registered, purfuant to the act before mentioned.

unless in

conful, or

agent for a house of trade.

er,

By whom

Ships or

Sec. 3. And be it further enacted, That every fhip or veffel, hereafter to be registered registered. (except as is herein after provided) thall be registered by the collector of the district in which fhall be comprehended the port to which fuch fhip or veffel fhall belong, at the time of her registry, which port fhall be deemed to be that, at or nearest to which, the ownif there be but one, or if more than one, the husband or acting and managing owner of fuch fhip or veffel, ufually refides. And the name of the faid fhip or veffel, and of the veels port to which the fhall fo belong, fhall be pain to be painted on her stern, on a black ground, in white ted on the letters, of not less than three inches in length. And if any fhip or veffel of the United States, fhall be found, without having her name, and the name of the port, to which the belongs, painted in manner aforefaid, the owner or owners fhall forfeit fifty dollars; one half to on neglect the perfon giving the information thereof, the thereof. other half to the ufe of the United States.

name, &c.

forfeiture

obtained;

to be taken

officer.

Sec. 4. And be it further enacted, That in Regiary, order to the registry of any fhip or veffel, an how to be oath or affirmation shall be taken and fubfcribed by the owner, or by one of the owners fubftance thereof, before the officer authorized to make of the oath fuch registry, who is hereby empowered to before readminifter the fame, declaring, according to giftering the best of the knowledge and belief of the perfon fo fwearing or affirming, the name of fuch fhip or veffel, her burthen, the place where the was built, if built within the United States, and the year in which fhe was built; and if built within the United States, before the faid fixteenth day of May, one thoufand feven hundred and eighty-nine, that he was then owned wholly, or in part, by a citizen

fhips or veffels.

or citizens of the United States; and if not of oath for built within the faid ftates, that fhe was, on obtaining regiftry of the faid fixteenth day of May, and ever fince, hath continued to be, the entire property of a citizen or citizens of the United States; or that she was, at fome time pofterior to the time when this act fhall take effect, (fpecifying the faid time) captured in war by a citizen or citizens of the faid ftates, and lawfully condemned as prize (producing a copy of the sentence of condemnation, authenticated in the ufual forms) or that fhe has been adjudged to be forfeited for a breach of the laws of the Uni ted States (producing a like copy of the fentence whereby the fhall have been fo adjudged) and declaring his or her name and place of abode, and if he or she be the fole owner of the faid fhip or veffel, that fuch is the case; or if there be another owner or other owners, that there is or are fuch other owner or owners, fpecifying his, her, or their name or names, and place or places of abode, and that he, she, or they, as the cafe may be, fo fwearing or affirming, is or are citizens of the United States; and where an owner refides in a foreign country, in the capacity of a conful of the United States, or as an agent for, and a partner in, a houfe or co-partnership, confifting of citizens of the United States, and actually carrying on trade within the United States, that fuch is the case, and that there is no fubject or citizen of any foreign prince or state, directly, or indirectly, by way of truft, confidence, or otherwife, interested in fuch fhip or veffel, or in the profits, or iffues thereof; and that the master, or commander thereof is a citizen, naming the faid mafter, or commander, and ftating the means whereby, or manner in which, he

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is fo a citizen. And in cafe, any of the matters of fact, in the faid oath or affirmation alledged, which fhall be within the knowledge of the party, fo fwearing, or affirming, fhall Forfeiture not be true, there fhall be a forfeiture of of veffel, the ship or veffel, together with her tackle, fwearing furniture and apparel, in refpect to which, the falfely. fame shall have been made, or of the value thereof, to be recovered, with cofts of fuit, of How recothe perfon, by whom fuch oath or affirmation vered; fhall have been made: Provided always, That if the master, or perfon having the charge or fes mafters command of such ship or vessel, shall be with- of veffels, in the district aforefaid, when application fhall be made for registering the fame, he fhall, himself, make oath, or affirmation, instead of the faid owner, touching his being a citizen, and the means whereby, or manner in which, he is fo a citizen; in which cafe, if what the faid master, or perfon having the faid charge and, if not or command, fhall fo fwear or affirm, fhall true, to fornot be true, the forfeiture aforefaid fhall not be incurred, but he fhall, himself, forfeit and pay, by reason thereof, the fum of one thoufand dollars: And provided further, That in the case of a ship, or veffel, built within the United States, prior to the fixteenth day of May aforefaid, which was not then owned by a citizen, or citizens of the United States, but which, by virtue of a transfer to fuch citizen, or citizens, fhall have been registered, pursuant to the act before mentioned, the oath or affirmation, hereby required, fhall and may oath may be varied, according to the truth of the cafe, be varied. as often as it fhall be requifite to grant a new register, for fuch fhip or veffel.

Sec. 5. And be it further enacted, That it shall be the duty of every owner, refident with

feit 1000

dollars.

how the

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