United States Statutes at Large/Volume 2/10th Congress/1st Session/Chapter 33
[Repealed.]
Chap. XXXIII.—An Act in addition to the act, intituled “An act supplementary to the act, intituled An act laying an embargo on all ships and vessels in the ports and harbors of the United States.”[1]
Act of Jan. 9, 1808, ch. 8.
Act of April 25, 1808, ch. 66.
Act of March 1, 1809, ch. 24.
Owners of unregistered vessels not allowed clearances but on certain conditions.
Foreign vessels made subject to the conditions, also, in their clearances.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That during continuance of the act intituled “An act laying an embargo on all ships and vessels in the ports and harbors of the United States,” no ship, vessel or boat of any description whatever, owned by citizens of the United States, and which is neither registered, licensed or possessed of a sea letter, shall be allowed to depart from any port of the United States, or shall receive a clearance: nor shall any foreign vessel be allowed to depart from any port of the United States, with a cargo destined for another port of the United States, or shall receive a clearance for that purpose, until the owner or owners, consignee or factors of such American or foreign vessel shall, with the master, give bond, with one or more sureties to the United States in case of a vessel owned by citizens of the United States, in a sum double the value of the vessel and cargo, and in that of a foreign vessel four times the value of the vessel and cargo, that the vessel shall not proceed to any foreign port or place, and that the cargo shall be relanded in some port of the United States: Provided,Proviso. that it shall be lawful and sufficient, in the case of any such American vessel, whose employment has uniformly been confined to rivers, bays, sounds and lakes, within the jurisdiction of the United States, to give bond in an amount equal to the two hundred dollars for each ton of said vessel, with condition that such vessel shall not be employed in any foreign trade during the time limited in the condition of the bond.
Bonds not required in cases of boats and vessels not masted, engaged in the river trade, where the adjacent territory does not belong to a foreign nation: but in particular instances the Secretary of the Treasury may require them.
1807, ch. 5.
Time within which certificates of relanding must be produced.
1807, ch. 5.Sec. 2. And be it further enacted, That no bond shall be required of boats not masted, or if masted, not being decked, whose employment has been, and shall continue to be confined to rivers, bays and sounds, within the jurisdiction of the United States, and lying within districts which are not adjacent to the territories, colonies or provinces of a foreign nation, whether such boats be licensed or not, and unless in the opinion of the Secretary of the Treasury, such bond be necessary, and in case the secretary shall deem such bond necessary, it shall be lawful and sufficient for the owner of the boat, to give bond in an amount equal to thirty dollars for each ton of said boat, with condition that such boat shall not be employed in any foreign trade during the continuance of the act intituled “An act laying an embargo on all ships and vessels in the ports and harbors of the United States.”
Sec. 3. And be it further enacted, That in every case where a bond hath been or shall be given to the United States under this act, or under the act, intituled “An act laying an embargo on all ships and vessels in the ports and harbors of the United States,” or under the act supplementary to the last mentioned act, with condition that certain goods, wares and merchandise, or the cargo of a vessel shall be relanded in some port of the United States; the party or parties to such bond shall, within four months after the date of the same, produce to the collector of the port, from which the vessel had been cleared with such goods, wares, merchandise or cargo, a certificate of relanding of the same from the collector of the proper port, in failure whereof the bond shall be put in suit, and in every such suit judgment shall be given against the defendant or defendants, unless proof shall be produced of such relanding, or of loss by sea, or other unavoidable accident.
Penalties and forfeitures for exporting goods, &c. &c.
1807, ch. 5.Sec. 4. And be it further enacted, That it shall not be lawful to export from the United States, in any manner whatever, any goods, wares or merchandise, of foreign or domestic growth or manufacture, and if any goods, wares or merchandise shall, during the continuance of the act intituled “An act laying an embargo on all ships and vessels in the ports and harbors of the United States,” and of the act supplementary to the last mentioned act, contrary to the prohibitions of this act, be exported from the United States, either by land or water, the vessel, boat, raft, cart, wagon, sleigh, or other carriage, in which the same shall have been exported, shall, together with the tackle, apparel, horses, mules, and oxen, be forfeited, and the owner or owners of such goods, wares or merchandise, and every other person knowingly concerned in such prohibited exportation, shall each respectively forfeit and pay a sum not exceeding ten thousand dollars for every such offence: Provided however, that nothing in this section contained shall be construed to prevent foreign vessels from departing from the ports of the United StatesNothing in this act shall prevent foreign vessels departing with the cargo on board when notified of this act. with the cargo or cargoes which may be on board of the same, when notified of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, in conformity with the provisions of the said act, nor to take away any power conferred on the President by the last mentioned act, nor to prevent foreign vessels from furnishing themselves with necessary provisions and sea stores for the voyage, nor fishing vessels from departing with sea stores, salt, and their usual fishing tackle and apparel, in the manner prescribed by the act supplementary to the aforesaid act.
Masters and mates of fishing vessels to make declarations, under oath, whether any part of their fishing fare has been sold, &c. &c.
1808, ch. 8.
Proviso.Sec. 6. And be it further enacted, That on the return into the United States of any fishing vessel, such as is described by the second section of the act, supplementary to the act intituled “An act laying an embargo on all ships and vessels in the ports and harbors of the United States,” which shall have sailed subsequent to the passage of the last mentioned acts, it shall be the duty of the master and mate to declare, on oath or affirmation, before the collector, whether any part of the fishing fare has been sold during the voyage, and in default of taking such oath or affirmation, the master and mate shall each respectively forfeit and pay one hundred dollars: Provided, that the aforesaid oath or affirmation may be dispensed with so far as relates to the fishery on our own coasts in the customary small vessels.
Penalties and forfeitures.
How to be distributed.
1799, ch. 22.
1797, ch. 13.Sec. 6. And be it further enacted, That all penalties and forfeitures incurred by force of this act, shall be sued for, recovered, distributed and accounted for in the manner prescribed by the act, intituled “An act to regulate the collection of duties on imports and tonnage,” passed the second day of March, one thousand seven hundred and ninety-nine, and may be mitigated or remitted in the manner prescribed by the act, intituled “An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities accruing in certain cases therein mentioned,” passed the third of March, one thousand seven hundred and ninety-seven, and made perpetual by an1800, ch. 6. act passed the eleventh of February, one thousand eight hundred.
President authorized to grant permission to citizens of the U. States to send vessels in ballast, for property which they may have, out of the U. States jurisdiction.Sec. 7. And be it further enacted, That the President of the United States be, and he is hereby authorized, if he shall be satisfied by the statement or account current on oath or affirmation of any citizen or citizens of the United States, and such other proof as the nature of the case will admit, or the President may require, that such citizen or citizens have property of value in any port or place without the jurisdiction of the United States, arising from property actually without such jurisdiction, prior to the twenty-second day of December last, to grant, on application, permission to such citizen or citizens, to dispatch a vessel in ballast to such port or place, for the purpose of importing into the United States such property:Proviso.
Conditions in the bond. Provided, that bond with sufficient security be given to the United States, under the direction of the Secretary of the Treasury, in such a sum as he shall deem necessary, with the following conditions, to wit: that such vessel shall not export from the United States any specie or any goods, wares, or merchandise, of foreign or domestic growth or manufacture, necessary provisions and stores excepted, that she shall return (reasonable time being allowed for performing the voyage) to the United States with such property, and that she shall not during the voyage, either directly or indirectly, be engaged in any traffic, freighting or other employment, and that no goods, wares or merchandise shall be imported in such vessel other than the property for which such vessel shall obtain such permission, or the proceeds of property shipped bona fide by a citizen or citizens of the United States prior to the said twenty-second day of December last:Bond not to be cancelled unless the Secretary of the Treasury shall be satisfied.
Owner, agent and master to make oath. And provided also, that the bond herein directed to be taken shall not be cancelled, unless the Secretary of the Treasury be satisfied, either by the oath of the party or parties to the same, or such other proof as the nature of the case will admit, that the conditions of the said bond have been complied with: And provided further, that the owner or owners, factor or agent, master and mate of such vessel, shall, on her return to the United States, make oath or affirmation that such vessel hath not, to the best of their knowledge and belief, during the voyage for which such permission had been granted, either directly or indirectly been employed in any act contrary to the tenor of such bond.
Approved, March 12, 1808.
- ↑ See notes to act of December 22, 1807, chap. 5.