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For certifying manifests, and granting a permit for a registered vessel to proceed from district to district, one hundred and fifty cents :
For receiving a certified manifest, and granting a permit on the arrival of such registered vessel, one hundred and fifty cents :
For granting a permit for a vessel, not belonging to a citizen or citizens of the United States, to proceed from district to district, and receiving the manifest, two hundred cents :
For receiving a manifest, and granting a permit to unload, for such last mentioned vessel, on her arrival in one district, from another district, two hundred cents :
For granting a permit for a vessel carrying on the fishery, to trade at a foreign port, twenty-five cents; and for the report and entry of any foreign goods imported in such vessel, twenty-five cents : And where a surveyor shall certify a manifest, or grant a permit
, or receive a certified manifest and grant a permit, the fees arising therefrom shall be received by him solely for his use—and all other fees arising by virtue of the enrolling and licensing act, shall be received, accounted for, and distributed as is provided in the case of fees under the registering act.(1) See article 1393.
1543. Every collector, who shall knowingly make any record of enrol. ment or license of any vessel, and every other officer, or person, appointed by, or under them, who shall make any record, or grant any certificate, or other document whatever, contrary to the true intent and meaning of the act 18th February, 1793, or shall take any other, or greater fees, than are there. by allowed, or shall receive, for any service performed pursuant thereto, any reward or gratuity, and every surveyor, or other person appointed to measure vessels, who shall wilfully deliver to any collector or naval officer, a false description of any vessel, to be enrolled or licensed in pursuance of such act, shall, upon conviction of any such neglect or offence, forseit to the United States five hundred dollars, and be rendered incapable of serving in any office of trust or profit under the United States. And if any person, authorized and required by such act, in respect to his office, to perform any act or thing required thereby, shall wilfully neglect, or refuse to do the same, according to the true intent and meaning of such act, such person, on being duly convicted thereof, if not hereby subject 10 the penalty and dis. qualifications aforesaid, shall forfeit and pay the sum of five hundred dollars for the first offence, and a like sum for the second offence, and shall, from thenceforward, be rendered incapable of holding any office of trust or profit under the United States.(2)
1544. If any person shall swear or affirm to any of the matters by act 18th February, 1793, required to be verified, knowing the same to be false, he shall suffer the like pains and penalties as shall be incurred by persons committing wilful and corrupt perjury. And if any person shall forge, counterfeit, erase, alter, or falsify any enrolment, license, certificate, permit, or other document mentioned or required in such act, to be granted by any officer of the revenue, such person, so offending, shall forseit five hundred dollars.(3)
1545. If any licensed vessel shall be transferred, in whole or in part, to any person, who is not at the time of such transfer, a citizen of, and resident within the United States, or if any such vessel shall be employed in any other trade than that for which she is licensed, or shall be found with a forged or altered license, or one granted for any other vessel, every such vessel, with
(1) Act 18th Feb. 1793, sec. 34. (2) Ibid. sec. 29.
(3) Ibid. sec. 30.
her tackle, apparel, and furniture, and the cargo found on board her, shall be forfeited.(1)*
In all cases where the whole, or any part of the lading or cargo on board any vessel, shall belong, bona fide, to any person other than the master, owner, or mariners of such vessel, and upon which the duties shall have been previously paid or secured, according to law, it shall be exempted from any forfeiture under such act, any thing therein contained to the contrary notwithstanding.(2)
1546. Nothing in the act 18th February, 1793, shall be construed to extend to any boat or lighter, not being masted, or if masted, and not decked, employed in the harbour of any town or city.(3)
1547. If any person shall assault, resist, obstruct, or hinder any officer in the execution of the act for the enrolment and license of vessels, or of any other law of the United States therein mentioned, or of any of the powers or authorities vested in him by that act, or by any other such law, he shall, for every such offence, for which no other penalty is particularly provided, forfeit five hundred dollars.(4)
1548. The penalties and forfeitures incurred under the enrolment and license act, shall be sued for, prosecuted, recovered, and appropriated in like manner as the penalties and forfeitures under the registering act.(5) (See article 1396.)
1549. And an officer entitled to a share of such penalty, may be made a witness upon the same terms as are prescribed by the registering act.(5) See article 1398.
1550. Vessels duly licensed for the mackerel fishery are not liable to the forfeitures imposed by the 5th and 32d sections of the act of 18th February, 1793, (articles 1521, 1545,) in consequence of any such vessel whilst so li. censed having been engaged in catching cod or other fish. But the owner of such vessel may not receive the bounty allowed to vessels in the cod fishery (6)
OF THE FISHERIES OF THE UNITED STATES.
Of Vessels engaged in the Fisheries.
Bounty allowed to vessels when above five tons burthen
Owner to produce to collector
1551 Bounty, how divided
agreement with fishermen, and certificate of voyages
(1) Act 18th Feb. 1793, sec. 32.
(4) Ibid. sec. 31.
Under this article, a vessel licensed for the fisheries is liable to forfeiture for sailing laden with goods, with intent to carry them to another place without license, although they are of domestic growth and manufacture, and not liable to duties. But the cargo is not liable to forfeiture under the next article, unless it belong to the owner, master, or mariner of the vessel. - The Active v. The United States. 7 Cr. 100, 1 Paine, 247. The Two Friends, 1 Gall. 118.
No allowance unless master make Bounty only on vessels the officers
an agreement in writing, &c. with and three-fourths of the crews of fishermen 1554 which are citizens
1559 Allowance and distribution of boun- Provision for vessels with salt, in disty to vessels of more than five and trict of Edenton
1560 under twenty tons
1555 Allowance to inspector, on board Penalty in case of fraud 1556 such vessels
1561 Penalty on false swearing 1557 Inspector to be paid by master or Bounty in case of loss of vessel 1558 owner--when
Art. 1551. On the last day of December annually, there shall be paid to the owner of every vessel, or his agent, by the collector of the district where such vessel may belong, that shall be duly qualified for carrying on the bank and other cod fisheries, and that shall have actually been employed therein at sea, for the term of four months at the least of the fishing season next preceding—which season is from the last day of February, to the last day of November, in every year—for each ton of the burthen of such vessel, according to her admeasurement, as licensed or enrolled, if of more than five and not exceeding thirty tons, three dollars and fifty cents; if above thirty tons, four dollars; and if above thirty tons, and having had a crew of not less than ten persons, and having been actually employed in the cod fishery at sea, for the term of three and one half months at the least, but less than four months of such season, three dollars and fifty cents.(1) But no allowance on any vessel for one season, shall exceed three hundred and six ty dollars.(1)
1552. Of such allowance, payable on such vessel of above twenty tons burthen, three-eighth parts shall accrue to the owner of the vessel, and the other five-eighths shall be divided by him, his agent or representative, among the several fishermen, who shall have been employed therein during the sea. son, or a part thereof, in such proportions as the fish they shall have respecta ively taken may bear to the whole quantity taken on board such vessel during such season.(2)
1553. The owner of such vessel of twenty tons and upwards, his agent or representative, shall, previously to receiving such allowance, produce to the collector authorized to pay it, the original agreements made with the fishermen employed on board, and a certificate subscribed by him, setting forth the particular days on which such vessel sailed and returned, on the several voyages she may have made during the preceding fishing season ; to the truth of which he shall swear before such collector.(3)
1554. No vessel of twenty tons or upwards, so employed, shall receive such allowance, unless the master shall, before he proceeds on any fishing voyage, make an agreement in writing or print, with every fisherman employed therein, as required by law.(4)
1555. The allowance to every fishing vessel of more than five, and less than twenty tons, shall be accounted for as part of the proceeds of the fares of such vessel, and shall be paid, on condition that such vessel shall have landed in the course of the preceding season, a quantity of fish, not less than twelve quintals for every ton of her admeasurement; to be ascertained when dried and cured fit for exportation, and by the weight thereof at the time of delivery when actually sold: and such account of the weight with the original adjustment of the fares among the owners and fishermen, together with a written account of the length, breadth, and depth of such boat, and the time she had actually been employed in the fishery in the preceding season, shall in all cases be produced and sworn to before the collector, in order to entitle the owner, his agent or representative, to such allowances.(1)
(1) Act July 29th, 1813, sec. 5. Act (3) Ibid. sec. 7. March 3d, 1819, sec. 1.
(4) Ibid, sec. 8. (2) Act July 29th, 1813, sec. 5.
1556. And if at any time within one year after payment of such allowance, it shall appear that any fraud or deceit has been practised in obtaining it, the vessel upon which it shall have been paid, if found within the district to which she belongs, shall he forfeited otherwise the owner having prac. tised such fraud or deceit, shall forfeit and pay one hundred dollars, to be sued for, recovered and distributed, as forfeitures are under the act to regulate the collection of duties on imports and tonnage (1)
1557. Any person who shall make any false declaration, in any oath or affirmation required by the act of 29th July, 1813, being duly convicted thereof, in any court of the United States having jurisdiction of the offence, shall be deemed guilty of wilful and corrupt perjury, and be punished accordingly.(2)
1558. If any vessel duly licensed for the cod fishery, and which shall have completed her fishing term, and thereby become entitled to allowance of bounty, shall, in returning to any port in the United States, be wrecked or lost, her owner and crew shall, on satisfactory proof being made to the comptroller of the treasury of the wreck or loss of such vessel, be entitled to the same bounty as would have been allowed had she returned to port.(3)*
1559. The bounties and allowances granted by law to the owners of vessels engaged in the fisheries, shall be paid on such only, the officers and at least three-fourths of the crew of which shall be proved, to the satisfaction of the collector of the district where such vessel shall belong, to be citizens of the United States, or persons not the subjects of any foreign prince or state.(4)
1560. The collector of the customs for the district of Edenton shall per. mit any vessel, having on board salt only, after due report and entry, and security given for the duties, to proceed under the inspection of an officer of the customs to any fishing or other landing place within the district, (to be designated in the permit,) and there discharge the same, subject how. ever, in all other respects, to the regulations, restrictions, penalties, and provisions of the act to regulate the collection of duties on imports and tonnage.(5)
1561. Every inspector, or other officer of the customs, while perform. ing duty on board such vessel elsewhere than in the port in which he may properly belong, shall be entitled to receive from the master such provisions and other accommodations (free from expense,) as are usually supplied to passengers, or as the state and condition of the vessel will admit.(5)
1562. If by reason of such delivery of any cargo of salt, more than fifteen working days (computing from the date of entry,) shall, in the whole, be spent therein, the compensation of such inspector or other officer em
(1) Act July 29th, 1813, sec. 6.
(4) Act 1st March, 1817, sec. 3.
* By Act 4th April, 1818, provision is made for the payment of bounty to fishing vessels, prevented from fishing at sea by the authority of any foreign government. That act being retrospective, is omitted from the text, on the presumption that it is now obsolete.
ployed on board such vessel, in respect to which such term may be so exceeded, shall, for every day of such excess, be paid by the master or owner; and until paid, the collector shall not grant a clearance, or permit such vessel to depart from the district.(1)
Of the contract with Fishermen.
Agreement to be made by skipper with fishermen
1563 Penalties on fishermen deserting 1564
neglecting duty 1565 When fish delivered to owner, ves.
sel liable for fishermen's share 1566
Owner to produce account sales,
otherwise vessel liable for the
1567 Process against vessel - discharged
on owner giving bond, &c. 1568
ART. 1563. The master or skipper of any vessel of the burthen of twenty tons or upwards, qualified according to law for carrying on the bank and other cod fisheries, bound from a port of the United States, to be employed in such fishery, at sea, shall, before proceeding on such voyage, make an agreement in writing or print with every fisherman who may be employed therein, (except only an apprentice or servant of himself or owner) and, in addition to such terms of shipment as may be agreed on, shall, in such agreement, express whether the same is to continue for one voyage or for the fishing season, and shall also express that the fish or the proceeds of such fishing voyage or voyages, which may appertain to the fishermen, shall be divided among them in proportion to the quantities or number of fish which they may respectively have caught; which agreement shall be endorsed or countersigned by the owner of such fishing vessel or his agent.(2)
1564. And if any fisherman, having engaged himself for a voyage, or for the fishing season, in any fishing vessel, and signed an agreement there. for, shall thereafter, while such agreement remains in force, desert from such vessel without leave of the master or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen or mariners are subject to in the merchant service, and may, in the like manner, and upon the like complaint and proof, be apprehended and detained ; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish, or proceeds of any fishing voyage, to which such deserter had or shall become entitled.(2)
1565. Any fisherman, having so engaged himself, who shall, during such fishing voyage, refuse or neglect his proper duty on board the fishing vessel, being thereto ordered by the master, or shall otherwise resist bis just commands, to the hinderance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit, to the use of the owner of such vessel, his share of any public allowance which may be paid upon such voyage.(2)
1566. Where an agreement shall be so made for a fishing voyage, or for the fishing season, and any fish, which may have been caught on board such vessel, shall be delivered to the owner or to his agent for cure, and shall be sold by the owner or agent, such vessel shall, for the term of six months after such sale, be answerable for the skipper's and every other fish
(1) Act 16th March, 1802.
(2) Act 19th June, 1813, sec. 1.