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ART. 1489. The master or owner of every vessel of the United States, arriving from a foreign port into any port of the United States, shall, before she be admitted to entry, render to the collector a true account of the number of seamen that shall have been employed on board such vessel since she was last entered at any port in the United States, and shall pay to the collector, at the rate of twenty cents per month for every seaman so employed; which sum he may retain out of the wages of such seamen.(1)
1490. No collector shall grant to any vessel, whose enrolment or license for carrying on the coasting trade has expired, a new enrolment or license before the master shall first render a true account of the number of seamen, and the time they have severally been employed on board such vessel, during the continuance of the license which has so expired, and pay twenty cents per month for every month such seamen have been severally employed, which sum such master may retain out of the wages of such seamen. And if such master shall render a false account of the number of men and the length of time they have severally been employed, he shall forfeit and pay one hundred dollars (2)
1491. The several collectors shall make a quarterly return of the sums collected by them respectively, to the secretary of the treasury: and the president of the United States is hereby authorized to provide for the temporary relief and maintenance of sick or disabled seamen, in the hospitals or other proper institutions now established in the several ports of the United States, or in ports where no such institutions exist, then in such other manner as he shall direct.(3)*
1492. The master of every boat, raft, or flat, belonging to any citizen of the United States, which shall go down the Mississippi, with intention to proceed to New Orleans, shall, on his arrival at fort Adams, render to the col lector or naval officer thereof, a true account of the number of persons employed on board, and the time that each person has been so employed, and shall pay to the collector or naval officer, at the rate of twenty cents per month for every person so employed; which sum, he is hereby authorized to retain out of the wages of such person: and the collector or naval officer shall not
(1) Act 16th July, 1798, sec. 1. (2) Ibid. sec. 2.
(3) Ibid. sec. 3.
* It was provided by section 3, Act 16th July, 1798, that the moneys collected in any one district, should be expended within the same; and by the Act 2d March, 1799, that the president might direct the expenditure of such moneys, within the state where the same shall have been collected, or within an adjoining state, except what may be collected in the states of New Hampshire, Massachusetts, Rhode Island, and Connecticut. But the editor has deemed these provisions to be repealed by the 1st section of the Act of May 3d, 1802, making the moneys collected for the relief of seamen a general fund.
give a clearance for such boat, raft, or flat, to proceed on her voyage to New Orleans until an account be rendered to him of the number of persons employed on board, and the money paid to him by the master or owner thereof: and if any such master shall render a false account of the number of persons, and the length of time they have severally been employed, as is herein required, he shall forfeit and pay fifty dollars, which shall be applied to, and shall make a part of, the said general fund. All persons employed in navigating such boat, raft, or flat, shall be considered as seamen of the United States, and entitled to the relief extended by law to sick and disabled seamen.(1)*
1493. The moneys collected by virtue of the acts for the relief of sick and disabled seamen, shall constitute a general fund, which the president of the United States shall employ as circumstances shall require for the benefit and convenience of such seamen.(2)
1494. If any surplus shall remain of the moneys to be collected by virtue of such acts, after defraying the expense of such temporary relief and support, the same, together with such private donations as may be made for that purpose, (which the president may receive,) shall be invested in the stock of the United States, under his direction, and when, in his opinion, a sufficient fund shall be accumulated, he may purchase or receive cessions or donations of ground or buildings, in the name of the United States, and cause buildings, when necessary, to be erected as hospitals for the accommodation of sick and disabled seamen.(3)
1495. The collectors shall pay the money collected by virtue of the preceding provisions, into the treasury of the United States, and be accountable therefor, and receive the same commission thereon as for other money by them collected.(4)
1496. The secretary of state shall lay before congress, within ten days after the commencement of each ordinary session, an annual statement containing an abstract of all the returns made to him by the collectors of the different ports, pursuant to the foregoing provisions.(5)
1497. The president may nominate and appoint, in such ports of the United States as he may think proper, one or more persons, to be called directors of the marine hospital of the United States, whose duty it shall be to direct the expenditure of the fund assigned for their respective ports, according to article 1491, to provide for the accommodation of sick and disabled seamen, under such general instructions as shall be given by the president for that purpose, subject to the like general instructions, to direct and govern such hospitals, as the president may direct to be built in the respective ports.
1498. Such directors shall hold their offices during the pleasure of the president, who is authorized to fill up all vacancies that may be occasioned by the death or removal of any of the persons so to be appointed. And the said directors shall render an account of the moneys received and expended by them, once in every quarter of a year, to the secretary of the
(1) Act 3d March, 1799, sec. 2. Act
3d May, 1802, sec. 3.
(2) Act 3d May, 1802, sec. 1.
Act 16th July, 1798, sec. 2,
By the acquisition of Louisiana, and the provisions of the Act of 20th February, 1804, this article is modified. There is now no collector at Fort Adams, and it is presumed that the duties confided by this article to him, are performed by the collector of New Orleans.
treasury, or such other person as the president shall direct; but no other allowance or compensation shall be made to the said directors, except the payment of such expenses as they may incur in the actual discharge of their duties.(1)
1499. The president may cause such measures to be taken as, in his opinion, may be expedient for providing convenient accommodations, medical assistance, necessary attendance, and supplies, for the relief of sick and disabled seamen of the United States, who may be at or near the port of New Orleans.(2)
1500. He may appoint for the port of New Orleans, a fit person to be director of the marine hospital of the United States, whose duties shall be, in all instances, the same as those of the directors of the marine hospitals of the United States, as directed by article 1497.(3)
1501. Every director of the marine hospitals within the United States, shall, if it can with convenience be done, admit into the hospital of which he is a director, sick foreign seamen, on the application of the master of any foreign vessel to which such sick seamen may belong; and each seaman so admitted, shall be subject to a charge of seventy-five cents per day for each day he may remain in the hospital; the payment of which, the master of such foreign vessel shall make to the collector of the district in which such hospital is situated; and the collector shall not grant a clearance to any foreign vessel, until the money due from such master therefor shall be paid; and the director of each hospital shall, under the penalty of fifty dollars, make out the accounts against each foreign seaman that may be placed in the hospital under his direction, and render the same to the collector.(4)
1502. Such directors shall be accountable at the treasury of the United States, for the money by them received, in the same manner as other receivers of public money, and for the sums by them expended shall be allowed a commission at the rate of one per centum.(5)
ART. 1503. On application of a consul or vice consul of any foreign government, having a treaty with the United States, stipulating, for the restoration of seamen deserting, made in writing, stating, that the person therein named, has deserted from a vessel of any such government, while in any port of the United States, and on proof by the exhibition of the register of
(1) Act 16th July, 1798, sec. 5.
(4) Ibid. sec. 5.
the vessel, ship's roll, or other official document, that such person belonged, at the time of desertion, to the crew of such vessel, any court, judge, justice or other magistrate, having competent power to issue warrants, may cause such person to be arrested for examination, and if the facts stated are found to be true, such person, not being a citizen of the United States, shall be delivered up to such consul or vice consul, to be sent back to the dominions of such government, or on the request, and at the expense of such consul or vice consul, shall be detained until the consul or vice consul finds an opportunity to send him back to the dominions of such government.(1)
1504. No person shall be detained more than two months after his arrest; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause.
1505. If such deserter shall have committed any crime or offence, his surrender may be delayed, until the tribunal before which the case shall be depending, or may be cognizable, shall have pronounced its sentence, and such sentence shall have been carried into effect.(1)
OF INTERNAL NAVIGATION AND COMMERCE.
Of Vessels which may engage in the Domestic Trade.
What vessels may engage in the
Goods imported from one to another port of the United States, in vessels not qualified, liable to forfeiture-exception as to foreign vessels carrying goods imported in her from abroad
ART. 1506. Vessels of twenty tons and upwards, enrolled, and having a license in force, and vessels of less than twenty tons, not enrolled, but hav ing a license in force, and no others, shall be deemed vessels of the United States, entitled to the privileges of vessels employed in the coasting trade and fisheries.(2)
1507. Every vessel of twenty tons or upwards, (other than such as are registered,) trading between district and district, or between different places in the same district, or carrying on the fishery, without being enrolled and licensed, or if of less than twenty tons, and not less than five tons, without a license, if laden with goods the growth or manufacture of the United States only, (distilled spirits only excepted,) shall pay the same fees and tonnage in every port at which she may arrive, as are payable by vessels not belonging to a citizen of the United States; and if she have on board any articles of foreign growth or manufacture, or distilled spirits, other than
(1) Act 2d March, 1829, sec. 1.
(2) Act 18th Feb. 1793, sec. 1.
sea stores, she, together with her tackle, apparel, and furniture, and lading, found on board, shall be forfeited.(1)
But if such vessel be at sea, at the expiration of the time for which the license was given, and the master shall swear that such was the case, and shall, also, within forty-eight hours after his arrival, deliver to the collector of the district in which he shall first arrive, the license which shall have expired, she shall not be forfeited, nor shall be liable to pay such fees and tonnage.(1)*
1508. No goods shall be imported, under penalty of forfeiture thereof, from one to another port of the United States, in a vessel belonging wholly, or in part, to a subject of any foreign power; but such vessel may sail from one to another such ports, carrying such goods only as were imported in her from some foreign port, and which shall not have been unladen.(2)
ART. 1509. The like qualifications and requisites are necessary for the enrolment, as for the registry and record of vessels, and the same duties are imposed on, and authority given to, all officers respectively, in relation to such enrolments, and the same proceedings shall be had in similar cases touching such enrolments; and vessels so enrolled, with their masters or owners, shall be subject to the same requisites as are in these respects provided for registered vessels. The record of such enrolment shall be made, and an abstract or copy thereof granted, as nearly as may be, in the form directed by law.(3)
For the form of enrolment, see Appendix, No. 18.
1510. Enrolled and licensed vessels may be registered upon the registry
(1) Act 18th Feb. 1793, sec. 6. (2) Act 1st March, 1817, sec. 4.
(3) Act 18th Feb. 1793, sec. 2.
This section inflicts a forfeiture of the ships and cargoes only in the case of unregistered vessels, found with foreign goods on board in the coasting trade, and not of vessels licensed for the fisheries.
If a vessel licensed for the fisheries, be engaged in illegal trade, she is forfeited, under the 32d section of the act of 1793.-The Eliza, 2 Gallis, 4. The Resolution, Ibid. 47.