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thips or veflels.

Subftance 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 iixteenth 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, (specifying 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 fentence of condemnation, authenticated in the ufual forms) or that fhe has been adjudged to be forfeited for a breach of the laws of the United 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 ship or veffel, that fuch is the cafe ; 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, fhe, 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 cafe, and that there is no fubject or citizen of any foreign prince or fitate, directly, or indirectly, by way of truft, confidence, or otherwile, 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

of veffel,

&c. on

&c. fhall


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 the fhip or vessel, together with her tackle, fwearing furniture and apparel, in refpect to which, the falfely. fame fhall 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 in what caif the mafter, or perfon having the charge or fes mafters command of fuch fhip or veffel, fhall be with- of vefiels, in the district aforefaid, when application fhall make oath be made for registering the fame, he fhall, as to citihimself, 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 case, 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 shall, himself, forfeit and pay, by reafon thereof, the fum of one thoufand dollars: And provided further, That in the cafe of a fhip, 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, 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 fhall be the duty of every owner, refident with

feit 1000


how the

to be taken

by other

owners (if the applicant, &c.

any) than

Like oath in the United States, of any ship or vessel, to which a certificate of registry may be granted, (in cafe there be more than one fuch owner) to tranfmit to the collector, who may have granted the fame, a like oath or affirmation with that herein before directed to be taken and fubfcribed by the owner, on whose application, fuch certificate fhall have been granted, and within ninety days after the fame may have within 90 been fo granted; which oath or affirmation


Before whom.

may, at the option of the party, be taken and fubfcribed, either before the faid collector, or before the collector of fome other diftrict, or a judge of the fupreme, or a district court of the United States, or of a fuperior court of original jurifdiction of fome one of the states. And if fuch oath or affirmation fhall not be certificate' taken, fubfcribed and tranfmitted, as is herein of regiftry required, the certificate of registry, granted to toricited, fuch fhip or veffel, fhall be forfeit and void.

on failure,

Ships, &c.

whom mea


Sec. 6. And be it further enacted, That behow and by fore any fhip or vcffel fhall be registered, the fured; shall be measured by a furveyor, if there be one, or by the perfon he shall appoint, at the port or place where the said ship or veffel be, and if there be none, by fuch perfon as the collector of the district, within which she may be, fhall appoint, according to the rule prescribed by the forty-third fection of the act, intitled, "An act to provide more effectually for the collection of the duties impofed by law on goods, wares and merchandize, imported into the United States, and on the tonnage of fhips or veffels." And the officer, or perfon, by whom fuch admeasurement fhall certificate be made, fhall, for the information of, and as thereof give a voucher to the officer by whom the registry is to be made, grant a certificate, specifying


the built of fuch fhip or veffel, her number of decks and masts, her length, breadth, depth, the number of tons the measures, and fuch other particulars as are ufually defcriptive of the identity of a fhip or veffel; and that her name, and the place to which the belongs, are painted on her stern, in manner required by the third fection of this act; which certificate. fhall be counterfigned by an owner, or by the mafter of fuch fhip or veffel, or by fome other perfon who fhall attend her admeasurement, In what ca on behalf of her owner or owners, in teftimony fes fhips, of the truth of the particulars therein con- be meafurtained; without which, the faid certificate ed anew. fhall not be valid. But in all cafes, where a fhip or veffel has before been registered, as a fhip or veffel of the United States, it shall not be neceffary to meafure her anew, for the pofe of obtaining another register; except fuch fhip or veffel fhall have undergone fome alteration, as to her burthen, fubfequent to the time of her former registry.


&c. not to

Bonds, how given, for

& by whom

faithful ufe of certifi

Sec. 7. And be it further enacted, That, previous to the regiftry of any ship or veffel, the husband or acting and managing owner, toge ther with the mafter thereof, and one or more fureties, to the fatisfaction of the collector of cate of rethe district, whofe duty it is to make fuch re- gistry, &c. giftry, fhall become bound to the United States, if fuch fhip or veffel fhall be of burthen not exceeding fifty tons, in the sum of four hundred dollars; if of burthen above fifty tons, and not exceeding one hundred, in the fum of eight hundred dollars; if of burthen above one hundred tons, and not exceeding two hundred, in the fum of twelve hundred dollars; if of burthen above two hundred tons, and not exceeding three hundred, in the fum of fixteen hunVOL. II. S

In what

cafe certificate of re.

gistry given ap, &c.

dred dollars; and if of burthen exceeding three hundred tons, in the fam of two thousand dollars; with condition, in each cafe, that the certificate of fuch registry, fhall be folely ufed for the fhip, or veffel, for which it is granted, and shall not be fold, lent, or otherwife difpofed of, to any person or perfons whomsoever; and that, in case such ship or vessel shall be loft, or taken by an enemy, burnt, or broken up, or shall be otherwife prevented from returning to the port to which the may belong, the faid certificate, if preferved, fhall be delivered up, within eight days after the arrival of the mafter, or perfon, having the charge or command of fuch fhip or veffel, within any district of the United States, to the collector of fuch diftrict'; And that if any foreigner, or any perfon or perfons, for the ufe and benefit of fuch foreigner, fhall purchase, or otherwife become enti tled to the whole, or any part or fhare of, or interest in, such ship or vessel, the fame being within a district of the United States, the faid certificate fhall, in fuch case, within feven days after fuch purchase, change, or transfer of property, be delivered up to the collector of the faid diftrict, and that if any fuch purchase, change, or transfer of property, fhall happen, when fuch fhip or veffel fhall be at any foreign port or place, or at fea, then the faid master, or perfon having the charge or command thereof, fhall, within eight days after his arrival within any district of the United States, deliver up the faid certificate to the collector of fuch diftrict; and every fuch certificate, fo delivered up, fhall be forthwith tranfmitted to the Regifter of the Treafury, to be cancelled, who, if the fame fhall have been delivered up to a collector, other than of the district in

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