United States Statutes at Large/Volume 2/8th Congress/2nd Session/Chapter 42
[Expired.]
Chap. XLII.—An Act to regulate the clearance of armed merchant vessels.
Owners, &c. of armed vessels bound to the W. Indies, &c. &c. to give bonds, &c. &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after due notice of this act at the several custom-houses, no vessel owned in whole or in part, by any citizen or citizens of the United States, or by any person or persons residing within the same, or the territories thereof, and armed, or provided with the means of being armed at sea, shall receive a clearance, or be permitted to leave the port where she may be so armed, or provided, for any island in the West Indies, or for any port or place situated on the continent of America, between Cayenne and the southern boundary of Louisiana, without bond with two sufficient sureties being given by the owner or owners, agent or agents, together with the master or commander, to the use of the United States, in a sum equal to double the value of the said vessel, her arms, ammunition, tackle,Arms, &c. &c. to be returned or otherwise accounted for. apparel and furniture, conditioned that such arms and ammunition shall not be used for any unlawful purposes, but merely for resistance and defence, in case of involuntary hostility; and that the guns, arms and ammunition of such vessel shall be returned within the United States, or otherwise accounted for, and shall not be sold or disposed of in any port or place in the West Indies;Bonds may be sued for and recovered, &c. &c. which bond may be sued for, and recovered with costs of suit, in the name and for the use of the United States, in any court competent to try the same.
Armed merchant vessels, &c. &c. not to proceed to any other ports than those described in the first section of this act, &c. &c.Sec. 2. And be it further enacted, That no armed merchant vessel or vessel prepared for armament, owned as aforesaid, shall receive a clearance, or be permitted to depart from any port in the United States, for any port or place, other than those described in the first section of this act, unless the owner or owners, agent or agents, and the commander of such vessel shall make oath that such vessel is not bound, or intended to proceed to any island in the West Indies, or any port or place on the continent between Cayenne and the southern boundary of Louisiana, nor on the continent of America between Cayenne and the southern boundary of Louisiana, and also unless a bond be given by the owner or owners, agent or agents, and commander, in a sum equal to double the value of such vessel, her arms, tackle, apparel and furniture, to the use of the United States, conditioned that such vessel shall not proceed to any island in the West Indies, or port on the continent as aforesaid, unless compelled thereto by unavoidable accident; and if so compelled, that no part of the cargo of such vessel shall be sold except so much thereof as may be absolutely necessary to defray the expenses necessary to enable such vessel to proceed on her intended voyage.
Vessels going to sea, and armed as above, if they depart from the United States without the clearance prescribed in the last preceding section.
Collectors to cause prosecutions to be instituted, &c.Sec. 3. And be it further enacted, That if any armed vessel, as aforesaid, shall proceed to sea without a clearance, contrary to the provision of this act, such vessel, with her arms, ammunition, tackle, apparel and furniture, shall be forfeited to the use of the United States, and be liable to be seized, prosecuted and condemned; or the value thereof may be sued for, and recovered with costs of suit, of the owner or owners of such vessel, in any court of competent jurisdiction: and the collector within whose district such forfeiture shall accrue, is hereby enjoined to cause prosecutions for the same to be commenced without delay, and prosecuted to effect.
Sec. 4. And be it further enacted, That this act shall be in force until the end of the next session of Congress, and no longer.
Approved, March 3, 1805.