VII. And be it further enacted, That so much of all and every other act or acts of assembly as comes within the purview of this act, shall be, and the same is hereby repealed.

Naval officers and collec.

lations concerning.

CHAP. IV.

An act to amend the several acts of Assembly concerning naval officers and the collection of the Duties.

[Passed the 7th of January, 1788]

I. BE it enacted by the General Assembly, That there shall be a naval officer for each of the following tion of duties, districts, that is to say: For the district of Elizabeth various regu river commencing at Cape Henry and extending from thence up Nansemond and James rivers, including the several creeks and inlets thereof: For the district of James river extending from Back river point up James river, including the several creeks and inlets thereof: For the district of South Quay: For the district of York river: For the district of Rappahannock river: For the district of South Potowmack: For the district of the county of Accomack: And for the district of the county of Northampton.

II. The present naval officers shall be continued; and every vacancy shall be supplied by joint ballot of both houses of assembly, and a commission shall issue from the governor in pursuance thereof: But a vacancy happening in the recess of the assembly, or happening at any time and not filled up by the next assembly following, such vacancy may be supplied by a temporary appointment of the executive until the end of the succeeding session of assembly.

III. The residence of the naval officers shall be as follows; that is to say, of the naval officer of Elizabeth river at Norfolk or Portsmouth, of the naval officer of James river at Hampton, of the naval officer of South Quay at South Quay, of the naval officer of Rappahannock at Urbanna, of the naval officer of South Potowmack at Yeocomico or Alexandria, any thing in

the “Act to amend the act intituled an act to amend the act intituled an act to restrict foreign vessels to certain ports within this commonwealth," notwithstanding; of the naval officer of Accomack at Drummond or Onancock, of the naval officer of Northampton at the court house thereof or at Cherriston, and of the naval officer of York river at York town. They shall keep their offices at the places aforesaid respectively, but the naval officer of the district of Elizabeth river shall keep his office in the borough of Norfolk; and the executive may grant a reasonable time for the removal of other officers hereafter to be appointed to the places herein before mentioned.

IV. Every naval officer may exercise his office by deputy at the place of his residence, in case of sickness or necessary absence, and the naval officer of South Potowmack may exercise his office by deputy at Alexandria or Yeocomico. Neither the said naval officers or their deputies shall directly or indirectly be concerned in trade.

V. Every naval officer at the time of receiving his commission shall enter into bond with good and sufficient security in such penalty as the executive shall direct to the governor in trust for the commonwealth for the due and faithful discharge of his duty according to law, and shall moreover take an oath of office to be administered by the governor.

VI. Registers shall be granted by the executive to citizens of the United States only, and for vessels built in the United States only, the captain and mates whereof have been citizens for at least one year preceding. The form of such register, and the mode of proving such citizenship, the time and place where the vessel was built, and her tonnage, may be prescribed by the executive.

VII. The master or owner of every vessel coming into this commonwealth shall proceed with the same without delay to the port at which she intends to enter: And shall within sixty hours after her arrival at moorings in such port, make to the naval officer of the district, a just and true report upon oath of the burthen, contents and loading of such vessel, with the particular marks and numbers of every cask or package whatsoever therein laden, to whom consigned to the best of his knowledge, and also where and in what port the same were laden and taken on board:

VIII. Whenever an entry is made, the master, owner, or consignee shall produce on oath a fair and regular manifest expressing the several casks, parcels, packages, and other articles of merchandise howsoever described or named, laden on board of his vessel, with the original invoices or a true copy thereof, the marks and numbers thereof, and to whom the same are consigned, to the best of his knowledge, and he shall moreover on oath specify the tonnage of such vessel to the best of his knowledge, according to the carpenters tonnage.

IX. The naval officers or any person by them respectively appointed shall have full power and authority to go and enter on board any vessel, and from thence to bring on shore any articles whatsoever liable to duty if such duty be not paid, or bond with good and sufficient security given for the payment of the same within six months next after such entry, (which bond, if offered, the naval officer is hereby authorised and required to accept and take,) and such articles so brought on shore to secure and detain until due payment shall be made, or security given for the same as aforesaid. And if such payment or security be not made or given within two days from the time of such seizure, the naval officer is hereby empowered to sell at the end of six months from the date of such seizure the same or so much thereof as shall be sufficient to discharge the said duties, and five per centum for the charges of such seizure, and sale and storage. Provided nevertheless, That notice shall be given of such seizure by advertising the same six weeks in the Virginia Gazette.

X. The permits to be granted for landing the whole of any cargo shall specify the several casks, parcels, packages, and other articles of merchandise, and the port or ports at which such goods, wares, or merchandises are to be delivered. The permits to be granted for landing the part of any cargo, shall likewise specify the whole of the cargo and tonnage, distinguishing what part hath been permitted to be landed elsewhere, and what may be permitted thereby to be landed.But no delivery whatsoever shall be made until the permits shall be exhibited to and countersigned by the searcher of the port of delivery: And before the same shall be countersigned, the naval officer shall make

out an exact copy under his hand and seal, of each permit for the place of delivery, which copy shall be sealed up and committed to the master or commander of the vessel, and delivered to the searcher before the permit shall be countersigned by him.

XI. Any master or skipper of a vessel intending to transport any goods, ares, or merchandises liable to a duty from one district to another shall obtain from the naval officer of the district from which they are to be transported a permit under the hand and seal of such officer, describing the vessel with the casks, packages and parcels therein laden, according to their respective marks and numbers, specifying the district into which they are to be transported, and certifying that all the duties thereon have been duly paid or secured to be paid, under which permit such master or skipper shall be entitled to deliver and unlade his cargo at the place or places authorised by law. And the naval officer shall receive and take such proof of the duties having been paid on the said goods so to be transported as the nature of the case may admit. No vessel going out of this commonwealth shall pass the district in which her loading shall have been completed, until she shall have been duly cleared, and alt duties to be accounted for on clearance shall be first satisfied according to law.

XII. Every master of a vessel when he makes his entry shall give bond with security in the penalty of one thousand pounds, that he will not depart this commonwealth when an embargo is laid during the continuance thereof; and every naval-officer upon receipt of the order for such embargo shall forthwith give notice to the masters of vessels within his district, and no bond given respecting such embargo shall be adjudged, deemed, or taken, to be forfeited, unless notice be given as aforesaid.

XIII. Every naval officer at the time of granting a permit to load, shall take bond of the master of the vessel in the penalty of two hundred pounds, conditioned that he will not crop, cut away the bulge, draw the staves, or otherwise abuse or injure any tobacco. cask freighted in his vessel, or cause or suffer the same to be done with his knowledge, privity, or procurement, without the consent of the freighter or freighters

XIV. No duties shall be payable on any imported articles being the property of this commonwealth, the United States, or any of them, nor on any articles imported directly by water in vessels belonging wholly to citizens of the United States which shall be proved to be of the growth or manufacture of the state from which they shall be imported, excep rum and unrefined sagar, which articles shall be subject to the same duties as are by law imposed on the same articles imported from foreign countries.

XV. Before any permit shall be granted for delivery, six pence per ton shall be paid, or secured to be paid, for every vessel which shall enter, to be appropriated to the light house, and one shilling for every seaman or mariner, and apprentice on board, to be appropriated to the marine hospital. But for every vessel built in the United States, the captain and mates whereof have been citizens for at least one year preceding, and bona fide belonging to a citizen or citizens of the United States, and not exceeding one hundred tons, the tonnage on such vessels shall not exceed six pence per ton in addition to the tonnage imposed for the erection and support of a light house. But all vessels not exceeding one hundred tons burthen, and wholly owned by a citizen or citizens of the United States or any of them, and navigated according to law, who shall be employed solely in carrying off American coal, shall be exempted from all tonuage except the six pence per ton for the support of the light house. . XVI. No coasting vessel of fifty tons or under shall be compelled to take a pilot, or be subject to any penalty for refusal.

XVII. Nothing herein contained shall be construed to affect, or as being intended to affect, the rights and obligations arising under the act of the general assembly, intituled "An act to approve, confirm, and ratify the compact made by certain commissioners appointed by the general assembly of the state of Maryland and commissioners appointed by this commonwealth."

XVIII. The master or owner of any vessel coming into this commonwealth and laden with goods, wares, or merchandizes, a part whereof only are to be delivered in this commonwealth, shall be admitted to enter and deliver the same on paying, or securing to be paid, as the case may be, the duties thereon together with such