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SEC. 4. And be it further enacted, That the several collectors aforegrant licenses, said may, within their respective districts, and upon request of any person or persons desirous thereof, shall grant licenses without fee or reward for a term not exceeding one year, at one time, to exercise the trade or business of an auctioneer; and such licenses, upon like request, may and shall from time to time renew: Provided, however, That no such license shall be granted or renewed, until the person or persons requesting the same shall have become bound to the United States, with one or more sureties to the satisfaction of the collector of whom such license shall be requested, in the sum of not more than three thousand nor less than one thousand dollars, at the discretion of the collector, with like condition as is herein before prescribed for persons having licenses by virtue of some law of a state: And provided further, That no such license shall be granted to carry on the said trade or business in any city, town, or county of any state, in respect to which provision hath been made by any law of such state, for the allowing and regulating of the said trade and business therein.
Auctioneers may retain in their hands such
sums as are due upon the goods sold by them.
to settle their accounts, &c.
SEC. 5. And be it further enacted, That every person who shall have a license from a collector as aforesaid, continuing in force, shall and may retain, in order to the payment of the duties hereby imposed, all such sum and sums of money as shall be due and payable upon any goods, wares and merchandise by him sold at auction as aforesaid, according to the true intent and meaning of this act.
SEC. 6. And be it further enacted, That the accounts to be rendered and duties to be from time to time paid as aforesaid, by any auctioneer, shall be rendered and paid to the collector aforesaid, within whose dis&c. with collec- trict such auctioneer shall exercise his said trade or business, or to his deputy duly appointed under his hand and seal, and such auctioneer shall make oath or affirmation according to the best of his knowledge and belief to the truth of every account which he shall render before the officer or person to whom such account shall be rendered, and who is hereby authorized to administer the said oath or affirmation, in default of which such account shall not be deemed to be duly rendered, according to the condition of the bond of such auctioneer; and to the end that such accounts may be accurately kept and rendered, it is hereby made the duty of every auctioneer to enter, from day to day, as often as any sale shall be made, in a book, or on a paper to be kept by him for that purpose, the amount and particulars of the respective sales by him made; which book or paper shall at all reasonable times, upon request made, be submitted for examination to the collector aforesaid, within whose district such auctioneer shall be, on pain of forfeiting, for every refusal to comply with such request, the sum of five hundred dollars.
Books to be kept, and may be inspected.
may cause auc
tioneers' bonds to be given up
in certain cases.
SEC. 7. And be it further enacted, That if it shall appear to the satisfaction of the collector, within whose district he shall be, that an auctioneer hath acted agreeably to the condition of the bond which he shall have given, and to the directions of this act, during the time to which his said bond shall relate, the same having expired, then and in every such case, the said collector shall cause such bond to be delivered up; but in case no such account shall be delivered as herein before mentioned, or if it shall appear that any such account was not truly made, or that the party hath acted in any other respect, contrary to the true intent and meaning of his bond and of this act, it shall be the duty of such collector as aforesaid, to cause such bond to be prosecuted according to law; and in case of a verdict or judgment against the defendant, he shall afterwards, upon every sale by him of any goods, wares and merchandise at auction, be liable to all the penalties which may be incurred by this act, for acting as an auctioneer without license.
SEC. 8. And be it further enacted, That every auctioneer, out of the of duties allow proceeds of the duties which he shall retain and pay as aforesaid, shall
be allowed a commission of one per centum upon the amount thereof, ed to auctionfor his trouble in and about the same.
SEC. 9. And be it further enacted, That if any person shall wilfully swear or affirm falsely, touching any matter herein before required to be verified by oath or affirmation, he shall suffer the pains and penalties which by law are prescribed for wilful and corrupt perjury, and if an officer, shall forfeit his office and be incapable of afterwards holding any office under the United States.
SEC. 10. And be it further enacted, That it shall be the duty of the collectors aforesaid in their respective districts, and they are hereby authorized to collect the duties imposed by this act, and to prosecute for the recovery of the same, and for the recovery of any sum or sums which may be forfeited by virtue of this act. And all fines, penalties, and forfeitures which shall be incurred by force of this act, shall and may be sued for and recovered in the name of the United States, or of the collector within whose district any such fine penalty, or forfeiture shall have been incurred, by bill, plaint, or information, one moiety thereof to the use of the United States, and the other moiety thereof to the use of the person who, if a collector, shall first discover, if other than a collector shall first inform of the cause, matter, or thing whereby any such fine, penalty, or forfeiture shall have been incurred, and where the cause of action or complaint shall arise or accrue more than fifty miles distant from the nearest place by law established for the holding of a district court within the district in which the same shall arise or accrue, such suit and recovery may be had before any court of the state, holden within the said district, having jurisdiction in like cases.
Penalty for false oaths un
der this act.
Collectors to collect the duties in their dis
tricts under this
suits for penal
Continuance of this act to
SEC. 11. And be it further enacted, That this act shall continue in force until the termination of the war in which the United States are now Feb. 17, 1816. engaged with the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and for one year thereafter, and no longer. APPROVED, July 24, 1813.
CHAP. XXVII.-An Act to authorize the raising a corps of sea fencibles. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized to raise for such term as he may think proper, not exceeding one year, as many companies of sea fencibles as he may deem necessary, not exceeding ten, who may be employed as well on land as on water, for the defence of the ports and harbours of the United States.
July 26, 1813.
Repealed by act of February
27, 1815, ch. 64. President may raise a certain number of sea
Of whom to
SEC. 2. And be it further enacted, That each of the said companies of sea fencibles shall consist of one captain, one first, one second, and consist. one third lieutenant, one boatswain, six gunners, six quarter gunners, and ninety men.
SEC. 3. And be it further enacted, That the commissioned officers shall receive the same pay and rations as officers of the same grade in the army of the United States; that the boatswains, gunners, quarter_gunners, and men shall receive the same pay and rations as warrant officers of the same grade and able seamen receive in the service of the United States.
SEC. 4. And be it further enacted, That the officers, warrant officers, boatswains, and men raised pursuant to this act, shall be entitled to the like compensation in case of disability incurred by wounds or otherwise in the service of the United States, as officers, warrant officers, and seamen in the present naval establishment, and shall be subject to the rules and articles which have been or may hereafter be established by law, for the government of the army of the United States.
Compensations in case of disability.
ring the war.
SEC. 5. And be it further enacted, That this act shall be and continue of this act du- in force during the present war between the United States of America and their territories, and the United Kingdom of Great Britain and Ireland, and the dependencies thereof.
President may appoint officers in recess of the Senate.
SEC. 6. And be it further enacted, That in the recess of the Senate, the President of the United States is hereby authorized to appoint all the officers proper to be appointed under this act, which appointments shall be submitted to the Senate at their next session for their advice and consent.
SEC. 7. And be it further enacted, That the sum of two hundred thousand dollars be, and the same is hereby appropriated to carry this act into effect, to be paid out of any money in the Treasury not otherwise appropriated.
APPROVED, July 26, 1813.
July 26, 1813.
[Obsolete.] Appropriation not exceeding $9,500.
CHAP. XXIX.—An Act making an appropriation for finishing the Senate Chamber and repairing the roof of the north wing of the Capitol.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a sum not exceeding nine thousand five hundred dollars be, and the same is hereby appropriated, to be applied under the direction of the President of the United States, to finishing the Senate Chamber, and repairing the roof of the north wing of the Capitol; which sum shall be paid out of any money in the Treasury not otherwise appropriated.
APPROVED, July 26, 1813.
July 26, 1813. CHAP. XXX.—An Act to provide for the accommodation of the household of the [Obsolete.]
Appropriation not exceeding $14,000.
President of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized to cause to be sold, such part of the furniture and equipage belonging to his household, as may be decayed and out of repair, and that the sum of fourteen thousand dollars, together with the proceeds of such sales, be appropriated for the accommodation of the household of the President of the United States, to be laid out at his discretion and under his direction. APPROVED, July 26, 1813.
July 27, 1813. [Obsolete.] Congress to meet on the first Monday of December, 1813.
CHAP. XXXI.—An Act fixing the time for the next meeting of Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the adjournment of the present session, the next meeting of Congress shall be on the first Monday in December next.
APPROVED, July 27, 1813.
July 28, 1813. CHAP. XXXIII. An Act to authorize the transportation of certain documents free
Message of Be it enacted by the Senate and House of Representatives of the the President of July 12, 1813, to United States of America in Congress assembled, That the members of
Congress, the Secretary of the Senate, and Clerk of the House of Representatives be, and they are hereby respectively authorized to transmit, free of postage, the message of the President of the United States of the twelfth day of July, one thousand eight hundred and thirteen, and the documents accompanying the same, printed by order of the Senate and by order of the House of Representatives, and the report of the Committee of Foreign Relations on the same, printed by order of the House of Representatives, to any post office within the United States and the territories thereof to which they may direct, any law to the contrary notwithstanding.
APPROVED, July 28, 1813.
be transmitted free of postage, by members of Congress, &c.
CHAP. XXXV.-An Act laying a duty on imported salt; granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries. (a)
July 29, 1813.
Be it enacted by the Senate and House of Representatives of the Duty upon sait. United States of America in Congress assembled, That from and after the first day of January next, a duty of twenty cents per bushel shall be laid, imposed, and collected, upon all salt imported from any foreign
(a) Fisheries. The acts of Congress relating to ships and vessels and persons employed in the fisheries,are: An act for registering and clearing vessels, regulating the coasting trade, and for other purposes, (obsolete,) September 1, 1789, chap. 11, sect. 22, 23, vol. i. 60, 61.
An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein, (expired,) February 16, 1792, chap. 6, vol. i. 229.
An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same, February 1793, chap. 8, vol. i. 305.
Acts respecting the bounty on the fisheries.
An act imposing duties on tonnage, July 20, 1789, (obsolete,) chap. 2, sect. 3.
An act to regulate the collection of the duties imposed by law on the tonnage of ships and vessels, and on goods, wares and merchandise, imported into the United States, (repealed,) July 31, 1789, chap. 5, sect. 33-46.
An act for raising a further sum of money for the protection of the frontiers and for other purposes therein mentioned, (obsolete,) May 2, 1792, chap. 27, sect. 6, 7, vol. i. 260.
An act laying an additional duty on salt imported into the United States, (repealed,) July 8, 1797, chap. 15, sect. 2, vol. i. 533.
An act to regulate the collection of duties on imports and tonnage, March 2, 1799, chap. 22, sect. 83, vol. i. 692.
An act repealing the acts laying duties on salt, and continuing in force for a further time, the first section of the act entitled "An act further to protect the commerce and seamen of the United States, against the Barbary powers," (expired,) March 3, 1807, chap. 30, sect. 2.
An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries, July 29, 1813, chap. 35.
An act to continue in force “An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries," Feb. 9, 1816, chap. 14. An act concerning the navigation of the United States, March 1, 1817, chap. 31, sect. 3.
An act concerning the bounty or allowance to fishing vessels in certain cases, April 4, 1818, chap. 37.
An act in addition to, and alteration of, an act entitled "An act laying a duty on imported salt, granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries," March 3, 1819, chap. 89.
Regulation of seamen engaged in the fisheries.
An act to continue in force "An act concerning certain fisheries in the United States, and for the regulation and government of fishermen employed therein," and for other purposes, April 12, 1800, chap. 22.
An act to authorize the licensing of vessels to be employed in the mackerel fishery, 24th May, 1828, chap. 119.
An act to authorize surveyors, under the direction of the Secretary of the Treasury, to enrol and license ships or vessels to be employed in the coasting trade or fisheries, Feb. 11, 1830, chap. 14. An act concerning vessels employed in the whale fishery, March 3, 1831, chap. 115. An act for the government of persons in certain fisheries, June 19, 1813, chap. 2.
The fifth and sixth sections of the act of July 29, 1813, and the act of March 3, 1819, relating to the bounty on all such vessels or boats employed on the Bank and other cod fisheries, as shall be employed at sea for the term of four months, include within their terms all vessels engaged in the cod fisheries, without limitation or specification as to the length of their fares, or the nature of their fisheries. The Schooner Harriet, Boynton and others, claimants, 1 Story's C. C. R. 251.
Where a vessel was enrolled and licensed for the fisheries, and without an oath having been taken by all the owners to the ownership as prescribed by the statutes of 1813 and 1819, and fraud or deceit Vol. III.-7
Bounty pickled fish.
port or place into the United States. In calculating the said duty, every fifty-six pounds of salt shall be computed as equal to one bushel. And the said duty shall be collected in the same manner, and under the same regulations as other duties laid on the importation of foreign goods, wares, and merchandise, into the United States; Provided, That drawback shall in no case be allowed, and the term of credit for the payment of duties shall be nine months.
SEC. 2. And be it further enacted, That on all pickled fish of the fisheries of the United States, exported therefrom subsequent to the last day of December, one thousand eight hundred and fourteen, there shall be allowed and paid a bounty of twenty cents per barrel, to be paid by the collector of the district from which the same shall be so exported, without any deduction or abatement; Provided always, That in order to entitle the exporter or exporters of such pickled fish to the benefit of such bounty or allowance, the said exporter or exporters shall make entry with the collector and naval officer of the district from whence the said pickled fish are intended to be exported; and shall specify in such entry the names of the master and vessel in which, and the place where such fish are intended to be exported, together with the particular quantity; and proof shall be made to the satisfaction of the collector of the district from which such pickled fish are intended to be exported, and of the naval officer thereof, if any, that the same are of the fisheries of the United States; and no entry shall be received as aforesaid, of any pickled fish which have not been inspected and marked pursuant to the inspection laws of the respective states where inspection laws are in force, in regard to any pickled fish, and the casks containing such fish shall be branded with the words "for bounty," with the name of the inspector or packer, the species and quality of the fish contained therein, and the name of the port of Exportation; and the collector of such district shall, together with the naval officer, where there is one, grant an order or permit for an inspector to examine the pickled fish as expressed in such entry, and if they correspond therewith, and the said officer is fully satisfied that they are of the fisheries of the United States, to lade the same agreeably to such entry, on board the ship or vessel therein expressed; which lading shall be performed under the superintendence of the officer examining the same, who shall make returns of the quantity and quality of pickled fish so laden on board, in virtue of such order or permit, to Oath of the the officer or officers granting the same. And the said exporter or exporters, when the lading is completed, and after returns thereof have
were charged in procuring the bounty allowed by law to such vessels; it was held that it must be satisfactorily proved by the United States, that the omission by the owners who did not take the oath was through fraud and deceit, and not through mistake, in order to render the vessel liable to forfeit
Where a certificate made by the agent of the owner of the particular times of the sailing and returning of a vessel engaged in the cod fisheries was discovered to be incorrect and false after the payment of the bounties, it was held that if the incorrectness and falsity were by mistake, there was no forfeiture under the acts of 1813 and 1819, but if by fraud and deceit there was. Ibid.
By the act of February 18, 1793, no registered ship or vessel can, while she remains registered, engage in the whale fishery, but she must surrender her register, and be enrolled and licensed for the fisheries. United States v. Rogers, 3 Sumner, C. C. R. 342.
The forfeiture of a fishing vessel, under the act of July 29, 1813, for fraudulently obtaining the fishing bounty, does not attach on the improvident payment of the bounty to a vessel not entitled to it, bu. to the act of fraud and deceit in obtaining it. The Boat Swallow, Ware's D. C. R. 21.
If a vessel be in fact entitled to the bounty, and fraud and deceit are employed in obtaining it, she will be subject to forfeiture. Ibid.
The forfeiture provided by the act of July 29, 1813, for fraudulently obtaining the bounty allowed to fishing vessels, attaches only when there are fraud and deceit in obtaining it. The Harriet, Ware's D. C. R. 343.
If the certificate, stating the days which the vessel was employed, and certified by the oath of the owners, is proved to be false, it is prima facie evidence, but not conclusive of fraud and deceit. The owner is not precluded from showing that the errors of the certificate arose from an innocent mistake. Ibid. If the errors in the certificate are proved to have arisen from mistake without fraud, the owner may, to avoid a forfeiture, show that the vessel was employed on other days than those named in the certifi Aate. Ibid.