United States Statutes at Large/Volume 2/10th Congress/1st Session/Chapter 8

United States Statutes at Large, Volume 2
United States Congress
2477868United States Statutes at Large, Volume 2 — Public Acts of the Tenth Congress, 1st Session, VIIIUnited States Congress


Jan. 9, 1808.
[Repealed.]

Chap. VIII.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 Dec. 22, 1807, ch. 5.
Bonds to be given in cases of coasting vessels, sailing coast wise.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That during the continuance of the act to which this is a supplement, no vessel licensed for the coasting trade, shall be allowed to depart from any port of the United States, or shall receive a clearance, until the owner, consignee, agent or factor shall, with the master, give bond with one or more sureties to the United States, in a sum double 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.

A general bond to be given in the cases of fishing vessels.Sec. 2. And be it further enacted, That the owner or owners of all vessels licensed for fisheries, or those bound on a whaling voyage, and having no other cargo than sea stores, salt and the usual fishing tackling and apparel, shall give a general bond, in four times the value of the vessel and cargo, that they will not, during the continuance of the above mentioned act, proceed to any foreign port or place, and will return with their fishing fare to some port or place within the United States:Proviso in favour of licensed vessels uniformly employed on rivers, bays and sounds within the U. States. Provided, that it shall be lawful and shall be sufficient in the case of any licensed vessel, whose employment has uniformly been confined to rivers, bays and sounds within the jurisdiction of the United States, to give bond, in an amount equal to three 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.

Sec. 3. And be it further enacted, That if any ship or vessel shall, during the continuance of the act to which this is a supplement, Forfeitures and penalties on vessels departing without a permit.depart from any port of the United States without a clearance or permit, or if any ship or vessel shall, contrary to the provisions of this act, or of the act to which this act is a supplement, proceed to a foreign port or place, or trade with or put on board of any other ship or vessel any goods, wares or merchandise, of foreign or domestic growth or manufacture, such ships or vessels, goods, wares and merchandise shall be wholly forfeited,If vessel shall not be seized the owner of the vessel shall be liable for a sum equal to double the value of the ship, vessel and cargo, and master of such vessel subjected to a penalty. and if the same shall not be seized, the owner or owners, agent, freighter or factors of any such ship or vessel shall for every such offence forfeit and pay a sum equal to double the value of the ship or vessel and cargo, and shall never thereafter be allowed a credit for duties on any goods, wares or merchandise imported by him or them into any of the ports of the United States, and the master or commander of such ship or vessel, as well as all other persons who shall knowingly be concerned in such prohibited foreign voyage, shall each respectively forfeit and pay a sum not exceeding twenty thousand, nor less than one thousand dollars, for every such offence, whether the vessel be seized and condemned or not, and the oath or affirmation of any master or commander knowingly offending against the provisions of this section, shall ever thereafter be inadmissible before any collector of the customs of the United States.

Provision in a former to extend only to public armed vessels, and shall not embrace privateers.Sec. 4. And be it further enacted, That the exception made by the act to which this is a supplement, in favour of armed vessels possessing public commissions from foreign powers, shall apply only to public armed vessels, and shall not be construed to embrace either privateers, vessels having letters of marque, or any other private armed vessels; but such private armed vessels shall be permitted to depart in the same manner, and on the same conditions as is provided for other private foreign ships or vessels.

Foreign vessels prohibited from shipping specie, merchandise, &c. &c.
Penalties.
Specie may be seized and condemned.
Sec. 5. And be it further enacted, That if any foreign ship or vessel shall, during the continuance of the act to which this act is a supplement, take on board any specie or any goods, wares, or merchandise, other than the provisions and sea stores necessary for the voyage, such ship or vessel and the specie and cargo on board shall be wholly forfeited, and may be seized and condemned in any court of the United States, having competent jurisdiction, and every person concerned in such unlawful shipment shall forfeit and pay a sum not exceeding twenty thousand dollars, nor less than one thousand dollars for every such offence.

Distribution of forfeitures, penalties, &c.
Act of March 2, 1799, ch. 22.
Act of March 3, 1797, ch. 13.
Act of Feb. 11, 1800, ch. 6.
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 day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh of February one thousand eight hundred.

Drawbacks not to be affected by this act.Sec. 7. And be it further enacted, That the time during which the act to which this is a supplement, shall continue in force, shall not be computed as making part of the term of twelve calendar months during which goods, wares or merchandise, imported into the United States, must be re-exported in order to be entitled to a drawback of the duties paid on the importation thereof.

Approved, January 9, 1808.