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For the form of oath to be taken by the master, see Appendix, No. 16.
And for the form of clearance, see Appendix, No. 17.
1444. The collectors and other officers of the customs shall pay due regard to the inspection laws of the states in which they may respectively act, that no vessel having on board goods liable to inspection, shall be cleared out until the master or other proper person shall have produced a certificate that all such goods have been duly inspected, as the laws of the respective states may require, to be produced to collectors or other officers of the customs; and receipts for the payment of all legal fees which shall have accrued on any vessel, shall, before clearance is granted, be produced to the collector or other officer (1)
1445. Before a clearance shall be granted for any vessel bound to a foreign place, the owners, shippers, or consignors, of the cargo, shall deliver to the collector, on oath, in writing, subscribed by them respectively ; specifying, the kinds and quantities of articles, and the value of the total quantity of each kind; with a declaration, that such manifest contains a full, just, and true account of all the articles, laden on board by them respectively, and that the value of such articles is truly stated according to their actual cost, or is that which they truly bear at the port and at the time of exportation : and before clearance the master of the vessel, and the shippers, shall so state upon oath, to the collector, the foreign place in which such cargo is intended to be landed.(2)
1446. The secretary of state shall, with the approbation of the president, prepare a form of passport, for vessels of the United States.(3)
1447. Every vessel of the United States, and every unregistered vessel owned by a citizen, and sailing with a sea letter, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector of the district, where such vessel may be, with a passport of the form prescribed and established, pursuant to the foregoing article. To be entitled to such passport, the master of every such vessel shall be bound with sufficient sureties, to the treasurer of the United States, in the penalty of two thousand dollars, conditioned that such passport shall not be applied to the use or protection of any other vessel than the one described therein ; and that, in case of the loss or sale of any vessel, having such passport, the same shall within three months be delivered up to the collector from whom it was received, if the loss or sale take place within the United States ; or within six months, if the same shall happen at any place nearer than the Cape of Good Hope ; and within eighteen months if at a more distant place.(4)
1448. If any such vessel shall depart from the United States, bound to any foreign country other than some place in America, without such passport, her master shall forfeit and pay the sum of two hundred dollars for each offence.(5)
1449. But no sea letter or other document, certifying or proving a vessel to be the property of a citizen, shall be issued, except to vessels duly registered, or enrolled and licensed as vessels of the United States.(6)
1450. The master of any steamboat on Lake Champlain, when going from the United States to the province of Lower Canada, may deliver a manifest of the cargo on board, and take a clearance from the collector of the district through which such boat shall last pass, when leaving the United States, without regard to the place from which she shall have commenced her voyage, or where her cargo shall have been taken on board.(1)*
(1) Act 2d March, 1799, sec. 93. This act abolishes the fee of 10 dollars (2) Act 10th Feb. 1820, sec. 11. formerly payable for the passport, and (3) Act 1st June, 1796, sec. 1. Act 6 dollars for the clearance. 23 March, 1803, sec. 1.
(5) Ibid. sec. 4. (4) Ibid. sec. 2. Act 12th Feb. 1831. (6) Act 26th March, 1810, sec. 1.
1451. When any vessel licensed for carrying on the fishery, shall be intended to touch and trade at any foreign place, the master or owner shall obtain permission for that purpose, from the collector of the district where such vessel may be previous to her departure, and shall deliver like manifests and make like entries of the vessel and goods on board, within the same time and under the same penalties, as by law are provided for ves. sels of the United States arriving from a foreign port; and if any vessel so licensed shall be found within three leagues of the coast, with goods of foreign growth or manufacture, exceeding the value of five hundred dollars, without having such permission, she, together with such goods, shall be subject to seizure and forfeiture.(2)
REGULATIONS OF PASSENGER VESSELS.
Not more than two passengers for
every five tons burthen of the vessel
1452 Penalty in case the number of pas
sengers exceeds the above pro
portion, by twenty in the whole 1453 Provisions prescribed
Master to deliver on oath, with his
manifest-a descriptive list of pas-
1455 Collector to transmit quarterly, co
pies of such lists to secretary of state
Art. 1452. If the master of any vessel, owned in whole or in part by a citizen of the United States, or by a citizen of any foreign country, shall take on board at any foreign place, or shall bring into the United States from any foreign place, or shall carry from the United States to any foreign place, a greater number of passengers than two for every five tons of such vessel, according to custom house measurement; he shall, with the owners, severally, forfeit and pay the sum of one hundred and fifty dollars for every such surplus passenger, to be recovered, by suit, in any circuit or district court of the United States where the vessel may arrive, or where the owners may reside.(3)
Nothing in the foregoing article shall apply to the complement of men usually and ordinarily employed in navigating such vessel.(3)
1453. If the passengers so taken on board, brought into, or transported from the United States, shall exceed the proportion of two to every five tons
(1) Act 3d March, 1817, sec. 3.
(3) Act 2d March, 1819, sec. 1.
• The register of a vessel is the only document which need be on board, during a period of universal peace, in compliance with the warranty of national character.-Catlett et al. vs. Pacific Ins. Co., 1 Paine, 594.
of the vessel, by the number of twenty in the whole, she shall be forfeited to the United States, and be prosecuted and distributed as forfeitures are, under the act to regulate duties on imports and tonnage (1)
1454. Every vessel bound on a voyage from the United States to any port on the continent of Europe, at the time of leaving the last port whence she shall sail, shall have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted provision, one gallon of vinegar, and one hundred pounds of wholesome ship bread, for each passenger on board, over and above such other provisions, stores, and live stock, as may be put on board by the master or passengers for their use, or that of the crew of such vessel ; and in like proportion for a shorter or longer voyage ; and if the passengers on board of such vessel, in which the proportion of provisions herein directed shall not have been provided, shall at any time be put on short allowance, in water, flesh, vinegar or bread, during any such voyage, the master and owner shall severally pay to each passenger who shall have been put on short allowance, the sum of three dollars for every day they may have been on such short allowance; to be recovered in the same manner as seamen's wages may be recovered.(1)
1455. The master of any vessel arriving in the United States or territory thereof from any foreign place, shall, at the time he delivers a manifest of the cargo, or if there be no cargo at the time of making entry of the vessel, deliver to the collector a list of all the passengers taken on board at a foreign place, in which he shall designate, particularly, the age, sex, and occupation of the passengers, respectively, the country to which they severally belong, and that of which it is their intention to become inhabitants, together with the number, if any, that have died on the voyage; to which list he shall swear, in the manner directed by law in relation to the mani. fest of the cargo.
The refusal or neglect of such master to comply with the foregoing requisitions, shall incur the like penalties, disabilities and for. feitures, as are imposed in case of neglect or refusal to deliver a manifest of the cargo.(2) See supra art. 1443.
1456. Every collector to whom such lists shall be delivered, shall quarter yearly return copies thereof to the secretary of state, by whom statements ihereof shall be laid before congress at each session.(3)
OP SEAMEN OF THE UNITED STATES.
What Seamen may be employed in American dessels.
Citizens, &c. only to be employed List of crew to be examined by in vessels of the U. S.
1457 collector, &c. No person to be No naturalized citizen to be em
employed not named in list; coployed, unless he exhibit certi
1459 ficate of his naturalization 1458 President may give directions
(3) Ibid. sec. 5.
(1) Act 2d March, 1819, sec, 3. (2) Ibid. sec. 4.
touching proof of citizenship 1460 Penalty on master, &c. of private No seaman, not a citizen, to be ad. vessel, receiving prohibited seamitted as passenger, in a foreign
1465 port, on board U. S. vessels, &c. 1461 Commanders may engage Ameri. Foreign consuls may object to em- can seamen abroad, or foreign
ployment of seamen, &c. , 1462 seamen, when not prohibited 1466 Arrangement by treaty between U. Prohibition not to extend to seaS. and a foreign nation, with re
men of any nation, that shall not spect to seamen
1463 prohibit employment of AmeriPenalty on commander of public can seamen on board its vessels 1467
vessel receiving seamen contra- Penalty on forging, &c., certificate ry to foregoing provisions 1464 of citizenship
1468 Limitation of suits for penalties 1469
Art. 1457. It shall not be lawful to employ on board any of the public or private vessels of the United States, any person, except citizens of the United States, or persons of colour, natives of the United States.(1)
1458. Nor any naturalized citizen of the United States, unless he produce to the commander of the public vessel, if to be employed on board such vessel, or to a collector of the customs, a certified copy of the act by which he shall have been naturalized, setting forth such naturalization and the time thereof.(2)
1459. In all cases of private vessels of the United States, sailing from a port in the United States to a foreign port, the list of the crew made as die rected by law, shall be examined by the collector for the district from which the vessel shall clear out, and if approved by him, shall be certified accordingly. And no person shall be admitted or employed on board such vessel, unless his name be entered on the list of the crew so approved and certified. And the collector, before he delivers the list of the crew, so approved and certified, to the proper officer of the vessel to which it belongs, shall cause it to be recorded in a book by him for that purpose to be provided ; and such record shall be open for the inspection of all persons, and a certified copy thereof shall be admitted in evidence, in any court, in which any question may arise under any of the provisions of the act of 3d March, 1813.(3)
1460. The president may, from time to time, make such further regula. tions, and give such directions to the several commanders of public vessels, and to the several collectors, as may be proper and necessary, respecting the proofs of citizenship, to be exhibited to such commanders or collectors ; but nothing contained in such regulations or directions shall be repugnant to the provisions of such act.(4)
1461. No seafaring man, not a citizen of the United States, shall be ad. mitted as a passenger on board of any public or private vessel of the United States, in a foreign port, without permission, in writing, from the proper offi. cers of the country of which he may be a subject or citizen.(5)
1462. The consuls or commercial agents of any nation at peace with the United States shall be admitted, (under such regulations as may be prescribed by the president of the United States,) to state their objections to the proper commander or collect against the employment of any seaman on board of any public or private vessel of the United States, on account of his being a native subject or citizen of such nation, and not embraced within the description of persons who may be lawfully employed, according to the foregoing provision, and such consuls or commercial agents shall also be admitted, under such regulations, to be present at the time when the proofs of citizenship, of the persons against whom such objections may have been made, shall be investigated by such commander or collector.(1)
(1) Act 3d March, 1813, sec. 1. (2) Ibid. sec. 2.
Ibid. sec. 3.
(4) Ibid. sec. 4. (5) Ibid. sec. 5.
1463. Nothing in such act contained, shall prevent any arrangement be. tween the United States and any foreign nation, which may be made by treaty.(2)
1464. If any commander of a public vessel of the United States, shall, knowingly, employ, or permit to be employed, or shall receive, or permit 10 be received, on board his vessel, any person whose employment or admission is prohibited by such act, he shall, on conviction thereof, forfeit and pay the sum of one thousand dollars for each person thus unlawfully employed or admitted on board such vessel.(3)
1465. If any person shall, contrary to the prohibitions of such act, be employed or received on board of any private vessel, the master and owners knowing thereof, shall, respectively, forfeit and pay five hundred dollars for each person thus unlawfully employed or received in any one voyage, which sum or sums shall be recovered, although such seaman or person shall have been admitted and entered in the certified list of the crew aforesaid, by the collector for the district to which the vessel may belong; and all penalties and forfeitures arising under or incurred by virtue of such act, may be sued for, prosecuted, and recovered, with costs of suit, by action of debt, and shall accrue, one moiety thereof to the use of the person who shall sue therefor, and the other moiety to the use of the United States.(4)
1466. Nothing in such act contained, shall be construed to prohibit any commander or master of a public or private vessel of the United States, whilst in a foreign place, from receiving any American seamen in conformity to law, or supplying any deficiency of seamen on board such vessel, by employing American seamen or subjects of such foreign country, the employment of whom shall not be prohibited by the laws thereof.(5)
1467. The provisions of such act shall have no operation with respect to the employment, as seamen, of the subjects or citizens of any foreign nation, which shall not, by treaty or special convention with the government of the United States, have prohibited on board of her public and private vessels, the employment of native citizens of the United States, who have not become citizens or subjects of such nation.(6)
1468. If any person shall falsely make, forge, counterfeit, or cause, or procure to be falsely made, forged or counterfeited, any certificate or evi. dence of citizenship referred to in such act, or shall pass, utter, or use as true, any false, forged or counterfeit certificate of citizenship, or shall make sale, or dispose of any certificate of citizenship to any person, other than the person for whom it was originally issued, and to whom it may of right belong, shall be adjudged guilty of felony; and on being thereof convicted by due course of law, shall be sentenced to be imprisoned, and kept to hard labour, for a period not less than three, nor more than five years, or be fined in a sum not less than five hundred dollars, nor more than one thousand dol. lars, at the discretion of the court taking cognizance thereof. (7)
1 469. No suit shall be brought for any forfeiture or penalty incurred un. der the provisions of such act, unless it be commenced within three years from the time of the forfeiture.(8)
(1) Act 3d March, 1813, sec. 6.
Ibid. sec. 8.
(5) Ibid. sec. 9. (6) Ibid. sec. 10. (7) Ibid. sec. 13. (8) Ibid. sec. 14,