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If persons summoned as garnishees depose they are not indebted, issue may be tendered, and on judgment against them they are liable for costs.

said corporation, in the same manner as if it had been due and owing to the United States: Provided, That no judgment shall be entered against any garnishee, until after judgment shall have been rendered against the corporation defendant to the said action, nor until the sum in which the said garnishee may stand indebted be actually due.

SEC. 9. That where any person summoned as garnishee, shall depose in open court that he or she is not indebted to such corporation, nor was not, at the time of the service of the summons, it shall be lawful for the United States to tender an issue upon such demand, and if, upon the trial of such issue, a verdict shall be rendered against such garnishee, judgment shall be entered in favor of the United States, pursuant to such verdict, with costs of suit.

SEC. 10. That if any person summoned as garnishee under the provisions of this act, shall fail to appear at the term of the court to which he has been summoned, he shall be subject to attachment for contempt of the

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Stat. at Large, Vol. III. p. 450.

Act of March 2, 1807, ch. 22.

Act of March

8, 1819, ch. 77.
Act of May
15, 1820, ch. 113.
Negroes not
to be imported,

CHAP. XCI.- An Act in Addition to "An Act to prohibit the Introduction (Importation) of Slaves into any Port or Place within the Jurisdiction of the United States, from and after the first day of January, in the Year of our Lord one thousand eight hundred and eight," and to repeal certain Parts of the Same.

Be it enacted, &c. That from and after the passing of this act, it shall not be lawful to import or bring, in any manner whatsoever, into the United States, or Territories thereof, from any foreign kingdom, place, or country, any negro, mulatto, or person of color, with intent to hold, sell, or dispose of, any such negro, mulatto, or person of color, as a slave, or to be held to service or labor; and any ship, vessel, or other water craft, employed in any importation as aforesaid, shall be liable to seizure, prosecution, and forfeiture, in any district in which it may be found; one half thereof to imported forfeit the use of the United States, and the other half to the use of him or them who shall prosecute the same to effect.

with intent to hold them as slaves.

Vessels in which they are

ed.

No person to equip vessels for

the slave-trade

in the ports of the United States.

SEC. 2. That no citizen or citizens of the United States, or any other person or persons, shall, after the passing of this act, as aforesaid, for himself, themselves, or any other person or persons whatsoever, either as master, factor, or owner, build, fit, equip, load, or otherwise prepare, any ship or vessel, in any port or place within the jurisdiction of the United States, nor cause any such ship or vessel to sail from any port or place whatsoever, within the jurisdiction of the same, for the purpose of procuring any negro, mulatto, or person of color, from any foreign kingdom, place, or country, to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of, as slaves, or to be held to service or labor; and if any ship or vessel shall be so built, fitted out, equipped, equipped for the laden, or otherwise prepared, for the purpose aforesaid, every such ship or vessel, her tackle, apparel, furniture, and lading, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for said forfeiture, and prosecute the same to effect; and such ship or vessel shall be liable to be seized, prosecuted, and condemned, in any court of the United States having competent jurisdiction.

Vessels

slave-trade forfeited, &c.

Half to the person suing,

&c.

Persons con

SEC. 3. That every person or persons so building, fitting out, equipcerned in fitting ping, loading, or otherwise preparing, or sending away, or causing any of out vessels for the slave-trade, the acts aforesaid to be done, with intent to employ such ship or vessel in &c. subject to a such trade or business, after the passing of this act, contrary to the true intent and meaning thereof, or who shall, in any wise, be aiding or abetting therein, shall, severally, on conviction thereof, by due course of law, forfeit and pay a sum not exceeding five thousand dollars, nor less than one thousand dollars, one moiety to the use of the United States, and the

fine.

other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect, and shall moreover be imprisoned for a term not exceeding seven years, nor less than three years.

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Citizens or

to a fine and to

SEC. 4. That if any citizen or citizens of the United States, or other person or persons resident within the jurisdiction of the same, shall, from residents liable and after the passing of this act, take on board, receive, or transport, from imprisonment, any of the coasts or kingdoms of Africa, or from any other foreign king- for transporting dom, place, or country, or from sea, any negro, mulatto, or person of persons not held to service, &c. color, not being an inhabitant, nor held to service by the laws of either of by the laws of the States or Territories of the United States, in any ship, vessel, boat, or the United States, &c. other water craft, for the purpose of holding, selling, or otherwise disposing of, such person as a slave, or to be held to service or labor, or be aiding or abetting therein, every such person or persons, so offending, shall, on conviction, by due course of law, severally forfeit and pay a sum not exceeding five thousand, nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect; and, moreover, shall suffer imprisonment, for a term not exceeding seven years nor less than three years; and every ship or vessel, boat, or other water craft, on which such negro, mulatto, or person of color, shall have been taken on board, received, or transported, as aforesaid, her tackle, apparel, and furniture, and the goods and effects which shall be found on board the same, or shall have been imported therein in the same voyage, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for and prosecute the same to effect; and every such ship or vessel shall be liable to be seized, prosecuted, and condemned, in any court of the United States having competent jurisdiction.

Vessel, &c. forfeited.

Slaves im

tion of this act,

SEC. 5. That neither the importer or importers, nor any person or persons claiming from or under him or them, shall hold any right, interest, ported in violaor title whatsoever, in or to any negro, mulatto, or person of color, nor to to be disposed of the service or labor thereof, who may be imported or brought into the as the territorial United States or the Territories thereof in violation of the provisions of authorities may prescribe, &c. this act, but the same shall remain subject to any regulations, not contravening said provisions, which the legislatures of the several States or Territories may at any time heretofore have made, or hereafter may make, for disposing of any such negro, mulatto, or person of color.

Persons

SEC. 6. That if any person or persons whatsoever shall, from and after the passing of this act, bring within the jurisdiction of the United States, bringing in any negro, &c. from in any manner whatsoever, any negro, mulatto, or person of color, from a foreign place, any foreign kingdom, place, or country, or from sea, or shall hold, sell, or &c. or holding, selling, such neotherwise dispose of, any such negro, mulatto, or person of color, so gro, &c. when brought in, as a slave, or to be held to service or labor, or be in any wise brought in, as a aiding or abetting therein, every person so offending shall, on conviction slave, forfeit not thereof by due course of law, forfeit and pay, for every such offence, a nor less than sum not exceeding ten thousand nor less than one thousand dollars, one one, thousand moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture, and prosecute the same to effect; and, moreover, shall suffer imprisonment, for a term not exceeding seven years nor less than three years.

more than ten,

dolls. and are subject to imprisonment.

Persons holding, buying, or selling, &c. any

SEC. 7. That if any person or persons whatsoever shall hold, purchase, sell, or otherwise dispose of, any negro, mulatto, or person of color, for a slave or to be held to service or labor, who shall have been imported or negro, &c. brought, in any way, from any foreign kingdom, place, or country, or brought as a from the dominions of any foreign state immediately adjoining to the slave, in any United States, into any port or place within the jurisdiction of the United foreign place, States, from and after the passing of this act, every person so offending, or from adjoining foreign doand every person aiding or abetting therein, shall severally forfeit and minions. pay, for every negro, mulatto, or person of color, so held, purchased, sold,

way, from a

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or disposed of, one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who may sue for such forfeiture, and prosecute the same to effect, and to stand committed until the said forfeiture be paid: Provided, That the aforesaid forfeiture shall not extend to the seller or purchaser of any negro, mulatto, or person of color, who may be sold or disposed of in virtue of any regulations which have been heretofore, or shall hereafter be, lawfully made by any legislature of any State or Territory in pursuance of this act and the constitution of the United States.

SEC. 8. That in all prosecutions under this act, the defendant or defendants shall be holden to prove that the negro, mulatto, or person of color, which he or they shall be charged with having brought into the United States, or with purchasing, holding, selling, or otherwise disposing of, and which, according to the evidence in such case, the said defendant or defendants shall have brought in aforesaid, or otherwise disposed of, was brought into the United States at least five years previous to the commencement of such prosecution, or was not brought in, holden, purchased, or otherwise disposed of, contrary to the provisions of this act; and in failure thereof, the said defendant or defendants shall be adjudged guilty of the offence of which he or they may stand accused.

SEC. 9. That any prosecution, information, or action, may be sustained, for any offence under this act, at any time within five years after, such offence shall have been committed, any law to the contrary notwithstanding.

SEC. 10. That the first six sections of the act to which this is in addition, shall be and the same are hereby repealed: Provided, That all offences committed under the said sections of the act aforesaid, before the passing of this act, shall be prosecuted and punished, and any forfeitures which have been incurred under the same shall be recovered and distributed, as if this act had not been passed.

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Stat. at Large, Vol. III. p. 464.

Bath, in Massa

CHAP. CXIII. An Act making the Port of Bath, in Massachusetts, a Port of Entry
for Ships or Vessels arriving from the Cape of Good Hope, and from Places beyond the
Same;
and for establishing a Collection District, whereof Belfast shall be the Port of
Entry.

Be it enacted, &c. That the port of Bath, in the State of Massachusetts, chusetts, made a be, and hereby is, made a port of entry for ships or vessels arriving from the Cape of Good Hope, and from places beyond the same.

port of entry for vessels, &c. arriving from the Cape of Good Hope, &c.

A collection district estab

SEC. 2. That a collection district be and hereby is, established in the State of Massachusetts, which shall include all the ports and harbors on the western shore of the Penobscot bay and river, from the town of Camden to the town of Bangor, both inclusive; and a collector shall be apA collector to pointed for the district, to reside at Belfast, which shall be the only port of entry for said district,*

lished.

reside at Bel

fast, &c.

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Stat. at Large, CHAP. XXXVI.-An Act providing additional Penalties for false Entries for the Vol. III. p. 486. Benefit of Drawback, or Bounty on Exportation.

Act of March

2, 1799, ch. 22.

A sum equal to the value of

the articles, forfeited by persons making false entry for

Be it enacted, &c. That in addition to the forfeitures and penalties heretofore provided by law, for making a false entry with the collector of any district, of any goods, wares, or merchandise, for the benefit of drawback or bounty on exportation, the person making such false entry shall, (except in the cases heretofore excepted by law,) forfeit and pay to the United States a sum equal to the value of the articles mentioned or de

See act of March 2, 1881, ch. 76, § 5.

scribed in such entry; to be sued for, recovered, distributed, and accounted benefit of drawback or bounty, for, in the manner prescribed by the act entitled "An act to regulate the in addition to duties on imports and tonnage," passed on the second day of. March, one former penalties. thousand seven hundred and ninety-nine.

No. 116. - MARCH 2, 1819.

CHAP. XLVI.- An Act regulating Passenger Ships and Vessels.

Stat. at Large,

Vol. III. p. 488.

This section

Be it enacted, &c. [That if the master or other person on board of any ship or vessel, owned in the whole or in part by a citizen or citizens of the United was repealed by States, or the Territories thereof, or by a subject or subjects, citizen or citizens, of act of 1848, ch. any foreign country, shall, after the first day of January next, take on board of 41, § 10. such ship or vessel, at any foreign port or place, or shall bring or convey into the United States, or the Territories thereof, from any foreign port or place; or shall carry, convey, or transport, from the United [States,] or the Territories thereof, to any foreign port or place, a greater number of passengers than two for every five tons of such ship or vessel, according to custom-house measurement, every such master, or other person so offending, and the owner or owners of such ship or vessels, shall severally forfeit and pay to the United States, the sum of one hundred and fifty dollars, for each and every passenger so taken on board of such ship or vessel over and above the aforesaid number of two to every five tons of such ship or vessel; to be recovered by suit, in any circuit or district court of the United States, where the said vessel may arrive, or where the owner or owners aforesaid may reside: Provided, nevertheless, That nothing Proviso. in this act shall be taken to apply to the complement of men usually and ordinarily employed in navigating such ship or vessel.]

by 20, the ves

SEC. 2. That if the number of passengers so taken on board of any If the number ship or vessel as aforesaid, or conveyed or brought into the United States, exceeds two for or transported therefrom as aforesaid, shall exceed the said proportion of every five tons, two to every five tons of such ship or vessel by the number of twenty sel is forfeited, passengers, in the whole, every such ship or vessel shall be deemed and and may be taken to be forfeited to the United States, and shall be prosecuted and tributed, &c. prosecuted, disdistributed in the same manner in which the forfeitures and penalties are Act of March recovered and distributed under the provisions of the act entitled "An 2, 1799, ch. 22, act to regulate the collection of duties on imports and tonnage."

§ 91.

SEC. 4. That the captain or master of any ship or vessel arriving in the United States, or any of the Territories thereof, from any foreign place whatever, at the same time that he delivers a manifest of the cargo, and, if there be no cargo, then at the time of making report or entry of the ship or vessel, pursuant to the existing laws of the United States, shall also deliver and report, to the collector of the district in which such ship or vessel shall arrive, a list or manifest of all the passengers taken on A list or maniboard of the said ship or vessel at any foreign port or place; in which list fest of all the passengers to be or manifest it shall be the duty of the said master to designate, particular- delivered to the ly, the age, sex, and occupation, of the said passengers, respectively, the collector, &c. Age, sex, and country to which they severally belong, and that of which it is their in- occupation, of tention to become inhabitants; and shall further set forth whether any, passengers, to and what number, have died on the voyage; which report and manifest be designated, and also the shall be sworn to by the said master, in the same manner as is directed country to which by the existing laws of the United States, in relation to the manifest of they belong, and that where they the cargo, and that the refusal or neglect of the master aforesaid, to com- mean to reside; ply with the provisions of this section, shall incur the same penalties, dis- together with abilities, and forfeitures, as are at present provided for a refusal or neglect to report and deliver a manifest of the cargo aforesaid.

what number have died on the voyage. Statements to

SEC. 5. That each and every collector of the customs, to whom such manifest or list of passengers as aforesaid shall be delivered, shall, quar- be laid before ter yearly, return copies thereof to the Secretary of State of the United Congress.

Stat. at Large. Vol. III. p. 492. Act of Feb.

18, 1793, ch. 8. Act of May 1822, ch. 62, § 11.

7,

The seacoast and navigable rivers of the United States divided into two great districts, for the convenience of the coasting trade. Licensed vessels, of 20 tons and upwards, may carry on trade between the districts

within the great districts, and between a State in one, and an adjoining State in another, great district, &c.

States, by whom statements of the same shall be laid before Congress at each and every session.*

No. 117.- MARCH 2, 1819.

CHAP. XLVIII. — An Act supplementary to the Acts concerning the Coasting Trade. Be it enacted, &c. That for the more convenient regulation of the coasting trade, the seacoast and navigable rivers of the United States be, and hereby are, divided into two † great districts; the first, to include all the districts on the seacoast and navigable rivers, between the eastern limits of the United States and the southern limits of Georgia, and the second, to include all the districts on the seacoast and navigable rivers, between the river Perdido and the western limits of the United States.

SEC. 2. That every ship or vessel, of the burden of twenty tons or upwards, licensed to trade between the different districts of the United States, shall be, and is hereby authorized to carry on such trade between the districts included within the aforesaid great districts, respectively, and between a State in one, and an adjoining State in another, great district, in manner, and subject only to the regulations that are, now by law required to be observed by such ships or vessels, in trading from one district to another in the same State, or from a district in one State to a district in the next adjoining State, anything in any law to the contrary, notwithStanding.

SEC. 3. That every ship or vessel, of the burden of twenty tons or upwards, licensed to trade as aforesaid, shall be, and is hereby, required, in trading from one to another great district, other than between a State in one, and an adjoining State in another, great district, to conform to and Regulations to observe the regulations, that, at the time of passing this act, are required to be observed by such vessels in trading from a district in one State to a district in any other than an adjoining State.

be observed.

Trade between districts not included, &c. to

be carried on as already provided.

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SEC. 4. That the trade between the districts not included in either of the two great districts aforesaid, shall continue to be carried on in the manner, and subject to the regulations, already provided for this purpose.

No. 118. - MARCH 3, 1819.

Stat. at Large, CHAP. LXXVII. — An Act to protect the Commerce of the United States, and punish Vol. III. p. 510.

Act of March

3, 1819, ch. 101.

the Crime of Piracy. ‡

Be it enacted, &c. That the President of the United States be, and Act of May hereby is, authorized and requested to employ so many of the public 10, 1800, ch. 51. armed vessels, as, in his judgment, the service may require, with suitable President may instructions to the commanders thereof, in protecting the merchant vessels employ the public armed vessels of the United States and their crews from piratical aggressions and depre

to protect mer

chant vessels.

dations.

The President SEC. 2. That the President of the United States be, and hereby is, authorized to in- authorized to instruct the commanders of the public armed vessels of the struct command- United States to subdue, seize, take, and send into any port of the United ers of public armed vessels to States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; tempted or com- and also to retake any vessel of the United States, or its citizens, which mitted piratical aggression, &c. may have been unlawfully captured upon the high seas.

take and send into port armed vessels, &c. which have at

Sections 2, 4, and 5 of this act seem to be still in force as to vessels trading to and from foreign contiguous territory north of the United States. See act of 1855, ch. 213, §§ 1, 11, and 19. See also acts of July 3, 1866, ch. 162, and July 25, 1866, ch. 234.

† Amended by the act of May 7, 1822, ch. 62, § 11, so as to make three great districts.

See supplementary act of August 5, 1861, ch. 48.

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