Page:United States Statutes at Large Volume 2.djvu/375

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same causes, and under the same regulations, as from the said district court of Kentucky district.[1]

Approved, March 3, 1805.

Statute ⅠⅠ.



March 3, 1805.

Chap. XL.An Act to amend an act intituled “An act for imposing more specific duties on the importation of certain articles, and also for levying and collecting light money on foreign ships or vessels, and for other purposes.”

The sixth section of act for imposing more specific duties, &c. &c. not to operate upon unregistered vessels of U. States, if possessed, bona fide, of sea letters, &c.
Act of March 27, 1804, ch. 57.
If entry of any such ship or vessel shall be made at the port where the owner resides, he shall make oath or affirmation that the sea letter contains the names of every person who is owner or part owner of the vessel.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sixth section of the act, intituled “An act for imposing more specific duties on the importation of certain articles; and also for levying and collecting light money on foreign ships or vessels, and for other purposes,” shall not be deemed to operate upon unregistered ships or vessels, owned by citizens of the United States, in those cases, where such ship or vessel is in possession of a sea letter, or other regular document, issued from a custom-house of the United States, proving such ship or vessel to be American property: Provided however, that upon the entry of every such ship or vessel from any foreign port or place, if the same shall be the port or place at which the owner, or any of the part owners reside, such owner or part owners shall make oath or affirmation, that the sea letter or other regular document possessed by such ship or vessel, contains the name or names of all the persons who are then owners of the said ship or vessel; of if any part of such ship or vessel has been sold or transferred since the date of such sea letter or document, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by 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 granted by this act.

Approved, March 3, 1805.

Statute ⅠⅠ.



March 3, 1805.

Chap. XLI.An Act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction.

Persons committing treason, felony, &c. &c. within the jurisdiction of the U. States, and taking refuge in foreign armed vessels in our ports, may be arrested upon the warrants of a judge or justice of the U. States.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whensoever any treason, felony, misprision of treason, or of felony, misdemeanor, breach of the peace, or of the revenue laws of the United States, shall hereafter be committed within the jurisdiction of the United States, and the case shall be cognizable by, or under their authority, if the person committing the same shall be on board of any foreign armed vessel, in any port or harbor of the United States, or in the waters within their jurisdiction, it shall be the duty of any judge or justice of any court of the United States, upon satisfactory proof thereof to him made, to issue his warrant specifying the nature of the offence, and directed to a marshal, commanding him to take the body of the offender, and bring him before the said judge or justice, to be dealt with according to law. And if the said marshal shall deem the ordinary posse comitatus insufficient to insure

  1. By the 10th section of the act of September 24, 1789, “An act to establish the judicial courts of the United States,” chap. 20, vol. i. 77, it is provided “that the district court in Kentucky district shall, besides the jurisdiction given in the act, have jurisdiction of all other causes except appeals and writs of error, as afterwards made cognizable in a circuit court; and shall proceed thereon in the same manner as a circuit court; and writs of error and appeals shall lie from decisions therein, to the supreme court under the same regulations.”