« AnteriorContinuar »
such cases used; and in such suit all the seamen or mariners (having All the seamen cause of complaint of the like kind against the same ship or vessel) shall may join in the be joined as complainants ; and it shall be incumbent on the master or
Contract to be commander to produce the contract and log-book, if required, to ascerta produced by any matters in dispute ; otherwise the complainants shall be permitted to master. state the contents thereof, and the proof of the contrary shall lie on the master or commander ; but nothing herein contained shall prevent any seaman or mariner from having or maintaining any action at common law Remedy at for the recovery of his wages, or from immediate process out of any court common law. having admiralty jurisdiction, wherever any ship or vessel may be found, in case she shall have left the port of delivery where her voyage ended, before payment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the delivery of her cargo or ballast.
Sec. 7. That if any seaman or mariner, who shall have signed a con- Mariner deserttract to perform a voyage, shall, at any port or place, desert, or shall ab- ing at any port sent himself from such ship or vessel, without leave of the master, or be proceeded officer commanding in the absence of the master, it shall be lawful for any against and punjustice of peace within the United States (upon the complaint of the master) to issue his warrant to apprehend such deserter, and bring him before such justice; and if it shall then appear by due proof, that he has signed a contract within the intent and meaning of this act, and that the voyage agreed for is not finished, altered, or the contract otherwise dissolved, and that such seaman or mariner has deserted the ship or vessel, or absented himself without leave, the said justice shall commit him to the house of Proceedings. correction or common gaol of the city, town, or place, there to remain until the said ship or vessel shall be ready to proceed on her voyage, or till the master shall require his discharge, and then to be delivered to the said master, he paying all the cost of such commitment, and deducting the 1842, ch. 28. same out of the wages due to such seaman or mariner.
Sec. 8. That every ship or vessel belonging to a citizen or citizens of Every ship or the United States, of the burthen of one hundred and fifty tons or up-bound, to be furwards, navigated by ten or more persons in the whole, and bound on a nished with a voyage without the limits of the United States, shall be provided with a medicine chest: chest of medicines, put up by some apothecary of known reputation, and accompanied by directions for administering the same; and the said medicines shall be examined by the same or some other apothecary, once at least in every year, and supplied with fresh medicines in the place of such as shall have been used or spoiled ; and in default of having such medi- Penalty on the cine chest so provided, and kept fit for use, the master or commander of
fault. such ship or vessel shall provide and pay for all such advice, medicine, or attendance of physicians, as any of the crew shall stand in need of in case of sickness, at every port or place where the ship or vessel may touch or trade at during the voyage, without any deduction from the wages of such sick seaman or mariner.
Sec. 9. That every ship or vessel, belonging as aforesaid, bound on a voyage across the Atlantic ocean, shall, at the time of leaving the last 2, 1505, ch: 28. port from whence she sails, have on board, well secured under deck, at bound across the least sixty gallons of water, one hundred pounds of salted flesh meat, Atlantic, what and one hundred pounds of wholesome ship-bread, for every person on sions and water board such ship or vessel, over and besides such other provisions, stores shall be laid in. and live-stock as shall by the master or passengers be put on board, and in like proportion for shorter or longer voyages; and in case the crew of any ship or vessel, which shall not have been so provided, shall be put upon short allowance in water, flesh, or bread, during the voyage, the mas
short allowance ter or owner of such ship or vessel shall pay to each of the crew one of provisions and day's wages beyond the wages agreed on, for every day they shall be so water. put to short allowance, to be recovered in the same manner as their stipu
master for de
Act of March
No. 6. — JULY 20, 1790. Stat. at Large,
CHAP. XXX. - An Act imposing Duties on the Tonnage of Ships or Vessels. Vol. I.
Sec. 1. Be it enacted, gc. That upon all ships or vessels which after the. Tonnage duty first day of September next, shall be entered in the United States from any on sels of U. States; foreign port or place, there shall be paid the several and respective duties on those of for- following, that is to say: eigners;
[On ships or vessels of the United States at the rate of six cents per ton : on ships or vessels built within the United States after the twentieth day of July last, but belonging wholly or in part to subjects of foreign powers, at the rate of
thirty cents per ton.] on all others. On other ships or vessels at the rate of fifty cents per ton.*
Mode of pros
No. 7.— AUGUST 4, 1790. Stat. at Large, CHAP. XXXV. - An Act to provide more effectually for the Collection of the Duties imVol. I. p. 145. posed by Law on-Goods, Wares, and Merchandise imported into the United States, and on
the Tonnage of Ships or Vessels.t
Sec. 67. That all penalties accruing by any breach of this act shall ecuting and re- be sued for and recovered with costs of suit, in the name of the United ties and forfeit- States of America, in any court proper to try the same, and the trial of
any fact which may be put in issue shall be within the judicial district in which any such penalty shall have accrued, and the collector, .within whose district the seizure shall be made, is hereby authorized and directed to cause suits for the same to be commenced and prosecuted to effect, and to receive, distribute and pay the sum or sums recovered, after first deducting all necessary costs and charges according to law. And that all ships or vessels, goods, wares, or merchandise, which shall become forfeited by virtue of this act, shall be seized, libelled, and prosecuted as aforesaid, in the proper court having cognizance thereof; which court shall cause fourteen days' notice to be given of such seizure and libel, by causing the substance of such libel, with the order of the court thereon, setting forth the time and place appointed for trial, to be inserted in some newspaper, published near the place of seizure, and also by posting up the same in the most public manner for the space of fourteen days, at or near the place of trial, for which advertisement a sum not exceeding ten dollars shall be paid ; and proclamation shall be made in such manner as the court shall direct ; and if no person shall appear to claim such ship or vessel, goods, wares, or merchandise, the same shall be adjudged to be forfeited ; but if any person shall appear before such judgment of forfeiture, and claim any such ship or vessel, goods, wares, or merchandise, and shall give bonds to defend the prosecution thereof, and to respond the cost in case he shall not support his claim, the court shall proceed to hear and determine the cause according to law : and upon the prayer of any claimant to the court, that any ship or vessel, goods, wares, or merchandise so seized and prosecuted, or any part thereof, should be delivered to such claimant, it shall be lawful for the court to appoint three proper persons to appraise such ship or vessel, goods, wares, or merchandise, who shall be sworn in open court for the faithful discharge of their duty; and such appraisement shall be made at the expense of the party on whose prayer it is granted ; and on the return of such appraisement, if the claimant shall, with one or more sureties, to be approved of by the court, execute a bond in the usual form, to the United States, for the payment of a sum, equal to the sum at which the ship or vessel, goods, wares, or
* See acts May 31, 1830, ch. 219, § 1; July 14, 1862, ch. 163, ý 15; March 3, 1863, ch. 77, § 4; June 28, 1864, ch. 170, and March 3, 1865, ch. so, $ 4.
† The whole of this act' was repealed by act of March 2, 1799, ch. 22, $ 112, but sections 67, 68, and 69, having been adopted by acts of December 31, 1792, ch. 1, § 29, and February 18, 1793, ch. 8, § 35, are inserted here for convenient reference.
merchandise, so prayed to be delivered, be appraised, the court shall by rule, order such ship or vessel, goods, wares, or merchandise, to be delivered to the said claimant, and the said bond shall be lodged with the proper officer of the court; and if judgment shall pass in favor of the claimant, the court shall cause the said bond to be cancelled; but if judgment shall pass against the claimant, as to the whole or any part of such ship or vessel, goods, wares, or merchandise, and the claimant shall not within twenty days thereafter pay into the court the amount of the appraised value of such ship or vessel, goods, wares, or merchandise so condemned, with the costs, the bond shall be put in suit. And when any prosecution shall be commenced on account of the seizure of any ship or vessel, goods, wares, or merchandise, and judgment shall be given for the claimant or claimants ; if it shall appear to the court before whom such prosecution shall be tried, that there was a reasonable cause of seizure, the same court shall cause a proper certificate or entry to be made thereof, and in such case the claimant shall not be entitled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to action, suit or judgment, on account of such seizure or prosecution.
Prorided, That the ship or vessel, goods, wares, or merchandise be, after judgment, forthwith returned to such claimant or claimants, his, her, or their agents : And provided, That no action or prosecution shall be maintained in any case under this act, unless the same shall have been commenced within three years next after the penalty of forfeiture was incurred. Sec. 68. That all ships, vessels, goods, wares, or merchandise, which
Vessels or shall be condemned by virtue of this act, shall be sold by the proper
of- goods con
demned, how to ficer of the court in which such condemnation shall be had, to the highest be sold. bidder at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days' notice (except in case of perishable goods) in one or more of the public newspapers of the place where such sale shall be, or if no paper is published in such place, in one or more of the papers published in the nearest place thereto, for which advertising a sum not exceeding five dollars shall be paid.
SEC. 69. That all penalties, fines, and forfeitures, recovered by virtue Appropriation of this act, (and not otherwise appropriated) shall, after deducting all of fines, penal
ties, and forfeitproper costs and charges, be disposed of as follows : One moiety shall be for the use of the United States, and paid into the treasury thereof; the other moiety shall be divided into equal parts, and paid to the collector and naval officer of the district, and surveyor of the port wherein the same shall have been incurred, or to such of the said officers as there may be in the said district ; and in districts where only one of the aforesaid officers shall bave been established, the said moiety shall be given to such officer: Provided nevertheless, That in all cases where such penalties, fines, and forfeitures shall be recovered in pursuance of information given to such collector, by any person other than the naval officer or surveyor of the district, the one half of such moiety shall be given to the informer, and the remainder thereof shall be disposed of between the collector, naval officer and surveyor or surveyors, in manner aforesaid.
No. 8. — MARCH 3, 1791.
CHAP. XVIII. – An Act supplemental to the Act "establishing the Treasury Depart- Stat. at Large, ment," and for a further Compensation to certain Officers.
Vol. I. p. 215. Sec. 1. Be it enacted, &c. That the eighth section of the act, enti- 8th section of tled “ An act to establish the Treasury Department," passed the second act establishing day of September, one thousand seven hundred and eighty-nine, shall be, ment extended and the same is hereby extended to all and every of the clerks employed to clerks under
certain modificain the treasury department, as fully and effectually as if they and every tions. of them were specially named therein, except as to the penalty in such Sept. 2, 1789,
1788, ch. 13. section mentioned, which in case of any such clerk offending against the 1793, ch. 37, provisions of the said section, shall be five hundred dollars, and removal
No. 9. — APRIL 2, 1792.
Stat. at Large,
CHAP. XVI. An Act establishing a Mint, and regulating the Coins of the United Vol. I. p. 246.
States. Sec. 1. Be it enacted, &c. That a mint for the purpose of a national Mint established.
coinage be, and the same is established.
Sec. 9. That there shall be from time to time struck and coined at the Species of the coins to be
said mint, coins of gold, silver, and copper, of the following denominations, struck.
values, and descriptions, viz. EAGLES — each to be of the value of ten Eagles.
dollars or units, HALF-EAGLES - each to be of the value of five Half-eagles. Quarter-eagles. dollars, .... QUARTER-EAGLES — each to be of the value of two dolDollars or
lars and a half-dollar, .... DOLLARS or UNITS — each to be of the units.
value of a Spanish milled dollar as the same is now current, ... HalfHalf-dollars.
DOLLARS — each to be of half the value of the dollar or unit, Quarter-dol
QUARTER-DOLLARS — each to be of one fourth the value of the dollar lars. or unit,
Dismes each to be of the value of one tenth of a dollar Dismes.
or unit, HALF-DISMES — each to be of the value of one twentieth Hali-dismes. Cents.
of a dollar, . . . . CENTS — each to be of the value of the one-hundredth part of a dollar. ...
Sec. 11. That the proportional value of gold to silver in all coins which Proportional value of gold to shall by law be current as money within the United States, shall be as fifsilver.
teen to one, according to quantity in weight, of pure gold or pure silver; that is to say, every fifteen pounds' weight of pure silver shall be of equal value in all payments, with one pound weight of pure gold, and so in proportion as to any greater or less quantities of the respective metals.
suls and vice
No. 10. - APRIL 14, 1792.
CHAP. XXIV. - An Act concerning Consuls and Vice-Consuls. Stat. at Large, Sec. 1. Be it enacted, &c. . ... For the direction of the consuls Vol. I.
and vice-consuls of the United States in certain cases. Right of con
Sec. 2. That they shall have right in the ports or places to which
they are or may be severally appointed of receiving the protests or consuls, to receive pro
declarations, which such captains, masters, crews, passengers, and merchants as are citizens of the United States may respectively choose to make there; and also such as any foreigner may choose to make
before them relative to the personal interest of any citizens of the United to authenticate States ; and the copies of the said acts duly authenticated by the said copies. consuls or vice-consuls, under the seal of their consulates, respectively,
shall receive faith in law, equally as their originals would in all courts in to take charge of the United States. It shall be their duty, where the laws of the country personal estates permit, to take possession of the personal estate left by any citizen of the of deceased per- United States, other than seamen belonging to any ship or vessel, who
shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects,
they shall inventory the same with the assistance of two merchants of the to collect debts, &c. and United States, or, for want of them, of any others at their choice; shall transmit bal
collect the debts due to the deceased in the country where he died, and Treasury of the pay the debts due from his estate which he shall have there contracted; U. S. if not shall sell at auction after reasonable public notice such part of the estate called for by le- as shall be of a perishable nature and such further part, if any, as shall gal representative.
be necessary for the payment of his debts, and at the expiration of one
ance to the
See act of May 8, 1792, ch. 37, $ 12.
Consul to no
year from his decease, the residue; and the balance of the estate they shall transmit to the treasury of the United States, to be holden in trust for the legal claimants. But if at any time before such transmission, the legal representative of the deceased shall appear and demand his effects in their hands, they shall deliver them up, being paid their fees, and shall cease their proceedings.*
For the information of the representative of the deceased, it shall be the duty of the consul or vice-consul authorized to proceed as aforesaid in tify the death in the settlement of his estate, immediately to notify his death in one of the lished in the congazettes published in the consulate, and also to the Secretary of State, sulate, and to that the same may be notified in the State to which the deceased shall
the Secretary of belong; and he shall also, as soon as may be, transmit to the Secretary of State, an inventory of the effects of the deceased taken as before directed. Sec. 3. That the said consuls and vice-consuls, in cases where ships or
Duty as to
stranded vessels. vessels of the United States shall be stranded on the coasts of their consulates respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the purpose of saving the said ships or vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking an inventory or inventories thereof; and the merchandise and effects saved with the inventory or inventories thereof taken as aforesaid, shall, after deducting therefrom the expense, be delivered to the owner or owners. Provided, That no consul or vice-consul shall have authority to take possession of any such goods, wares, merchandise, or other property, when the master, owner, or consignee thereof is present or, capable of taking possession of the same.
Sec. 9. That the specification of certain powers and duties, in this act, Powers defined. to be exercised or performed by the consuls and vice-consuls of the United States, shall not be construed to the exclusion of others resulting from the nature of their appointments, or any treaty or convention under which they may act.
No. 11.- May 8, 1792.
Stat. at Large,
Vol. I. p. 279. Sec. 6. That the Secretary of the Treasury shall direct the superintendence of the collection of the duties on impost and tonnage as he shall judge best. Sec. 8. That in case of the death, absence from the seat of govern- Power of the
President on ment, or sickness of the Secretary of State, Secretary of the Treasury, or
death, &c. of of the Secretary of the War department, or of any officer of either of the heads of dethe said departments whose appointment is not in the head thereof, where- partments. by they cannot perform the duties of their said respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons at his discretion to perform 1795, ch. 21. the duties of the said respective officers until a successor be appointed, or until such absence or inability by sickness shall cease. Sec. 9. That the forms of keeping and rendering all public accounts
partment to prewhatsoever shall be prescribed by the department of the Treasury. scribe forms for
keeping acNo. 12. DECEMBER 31, 1792. CHAP. I. — An Act concerning the Registering and Recording of Ships or Vessels.
Stat. at Large,
Vol. I. p. 287. Sec. 1. Be it enacted, &c. That ships or vessels, which shall have been
What ships or registered by virtue of the act, intituled “ An act for registering and clear- vessels shall be ing vessels, regulating the coasting trade, and for other purposes,” and deemed of U. S. those which after the last day of March next, shall be registered, pursu
Sept 1, 1789, ant to this act, and no other (except such as shall be duly qualified, ch. 11.
* See act August 18, 1856, ch. 127, 9 29.