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during the continuance of this act, depart from any port of the United Penalty in
forfeiture of States, without a clearance or permit, or if any ship or vessel shall, con- vessel, for detrary to the provisions of this act, proceed to a foreign port or place, or parting from trade with or put on board of any other ship or vessel any article or articles any port in the
United States prohibited by this act, such ship or vessels, goods, wares, merchandise,
without regular produce, provisions, naval or military stores shall be wholly forfeited; and clearance, in if the same shall not be seized, the owner or owners, agent, freighter or putting on
board any profactors of any such ship or vessel shall, for every such offence, forfeit and
hibited articles, pay a sum equal to double the value of the ship or vessel and cargo, and or in proceedshall never thereafter be allowed a credit for duties on any goods, wares, ing to a foreign and merchandise imported by him or them into any of the ports of the port, United States; and the master or commander of such ship or vessel, as well as all other persons who shall knowingly be concerned in any such Forfeiture by violations of this act, shall each respectively forfeit and pay a sum not the
commander of exceeding twenty thousand dollars for every such offence, whether the
vessels violating vessel be seized and condemned or not; and shall be imprisoned for a term not less than six calendar months, nor exceeding one year; and the oath or affirmation of any master or commander knowingly offending against the provisions of this section, shall ever thereafter be inadmissible before any collector of the customs of the United States.
Sec. 9. And be it further enacted, That if any foreign ship or ves- Foreign vessel shall, during the continuance of this act, take on board any specię, sels prohibited
from taking on goods, wares, merchandise, produce, provisions, naval or military stores, board any speother than the provisions and sea stores necessary for the voyage, such cie or ship or vessel, and the specie and cargo on board shall be wholly for- merchandise feited, and may be seized and condemned in any court of the United
of vesse!, &c. States having competent jurisdiction; and every person concerned in &c. such unlawful shipment, shall forfeit and pay a sum not exceeding twenty thousand dollars for every such offence.
Sec. 10. And be it further enacted, That the collectors of all the dis- Collectors tricts of the United States and the territories thereof, shall, and they are may take into
their custody hereby authorized to take into their custody, any specie, goods, wares, articles really merchandise, produce, provisions, naval or military stores, or live stock, or apparently found on board of any ship or vessel, boat or other water craft, when destined for the there is reason to believe that they are intended for exportation, or when in vessels, carts, wagons, sleighs, or any other carriage, or in any manner apparently on their way towards the territories of a foreign nation, or the vicinity thereof, or towards a place whence such articles are intended to be exported, or placed in the possession of the enemies of the United States; and not to permit such articles to be removed until bond, with sufficient sureties, shall have been given for the landing or delivery of the same in some place of the United States, whence, in the opinion of the collector, there shall not be any danger of such articles being exported or placed in the possession of the enemies of the United States.
Sec. 11. And be it further enacted, That the powers given to the Discretionary collectors by this act, to refuse permission to put any cargo on board any powers given
to the collectors vessel, boat, or other water craft, to detain any vessel, or to take into
under this act, their custody any articles for the purpose of preventing violations of the to be exercised embargo, shall be exercised in conformity with such instructions as the conformably
with the PresiPresident may give, and such rules as he may prescribe for that purpose, dent's instrucmade in pursuance of the powers aforesaid; which instructions and rules tions. the collectors shall be bound to obey. And if any action or suit be In case of an brought against any collector or other person acting under the directions action against of, and in pursuance of this act, he may plead the general issue, and any person actgive this act and the instructions and regulations of the President in evi- directions of, dence for his justification and defence. And any person aggrieved by and in pursuthe acts of any collector, in either of the cases aforesaid, may file his ance of this act, petition before the district court of the district wherein the collector sue
pleaded, and resides, stating the facts of his case, and thereupon, after due notice the President's instructions,
given to the district attorney and the collector, the said court may sumand this act be marily hear and adjudge thereupon, as law and justice may require; and given in evi- the judgment of said court, and the reason and facts whereon it is dence.
grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permission to load as aforesaid shall be decreed, it shall be upon the party's giving such bond with sureties, as is or shall be required to be taken in similar cases by the collector, and not otherwise; but if the said court shall adjudge against such petition, the collector shall be entitled to treble costs, which
shall be taxed for him, and execution awarded accordingly by the court. President empowered to em
Sec. 12. And be it further enacted, That it shall be lawful for the ploy such part
President of the United States, or such other person as he shall have of the naval or empowered for that purpose, to employ such part of the land or naval land forces of forces or militia of the United States, or of the territories thereof, as may the United States to carry
be judged necessary, in conformity with the provisions of this act, for the this act into et purpose of preventing the illegal departure of any ship or vessel, or fect, as he may of detaining, taking possession of, and keeping in custody, any ship sary.
or vessel, or of taking into custody and guarding any specie, goods, wares, merchandise, produce, provisions, naval or military stores, or live stock, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons resisting the custom house officers in the exercise of their duties, or in any manner opposing the execution of this
act, or otherwise violating or assisting and abetting violations of the same. The vessels
Sec. 13. And be it further enacted, That it shall be lawful for the of the United States
public and private armed vessels of the United States to capture and seize seize on vessels on the high seas or elsewhere any ship or vessel which shall have violated violating act. any of the provisions of this act, and to send the same into any port of
the United States for adjudication. Penalties and
Sec. 14. And be it further enacted, That all penalties and forfeitures forfeitures how to be prosecut
incurred by force of this act, may be prosecuted, sued for, and recovered ed and distri- by action of debt or by indictment or information, as the case may rebuted.
quire, and if recovered in consequence of any seizure made by the
commander of any public armed vessel of the United States, shall be Act of April distributed according to the rules prescribed by the act, entitled “An 23, 1800, ch. 33.
act for the government of the navy of the United States, and if in consequence of any seizure made by any private armed vessel of the United
States, shall be distributed according to the rules prescribed by the act, Act of June entitled “ An act concerning letters of marque, prizes, and prize goods," 26, 1812, ch.
and the act in addition thereto; and if otherwise, shall be distributed 107.
Act of March and accounted for, in the manner prescribed by the act, entitled “ An act 2, 1799, ch. 22. to regulate the collection of duties on imports and tonnage,” passed the
second day of March, one thousand seven hundred and ninety-nine, and
may be mitigated or remitted in the manner prescribed by the act, entiAct of March tled "An act to provide for mitigating or remitting forfeitures, penalties, 3, 1797, ch. 13.
and disabilities, accruing in certain cases therein mentioned,” passed the
third day of March, one thousand seven hundred ninety-seven, and made Act of Feb. perpetual by an act passed the eleventh day of February, one thousand 11, 1800, ch. 6. eight hundred; and any officer or other person, entitled to a part or share
of any of the fines, penalties, or forfeitures aforesaid, may, if necessary, be a witness on the trial therefor, but in such case he shall not receive any part or share of the said fine, penalty, or forfeiture, but the part or share to which he would otherwise be entitled shall belong to the United
States. The time during which this
Sec. 15. And be it further enacte:1, That the time during which this act is to be in act shall continue in force, shall not be computed as making part of the operation not to term of twelve calendar months, during which goods, wares, or merchanbe computed with respect to
dise imported into the United States must be exported in order to be drawbacks. entitled to a drawback of the duties paid on the importation thereof.
Sec. 16. And be it further enacted, That nothing in this act contained, Foreign arm
ed vessels not shall prevent the sailing of any private armed vessel duly commissioned
affected by this by any foreign power in amity with the United States, nor of any vessel act, nor those of of the United States duly commissioned by virtue of an act, entitled “ An the United act concerning letters of marque, prizes, and prize goods,” passed on the
Act of June twenty-sixth day of June, one thousand eight hundred and twelve: Pro- 26, 1812, ch. vided always nevertheless, That it shall be lawful for, and the duty of all 107.
Proviso. officers of the customs and revenue officers of the United States, and they are hereby enjoined, to examine, search, and effectually ascertain, the amount and kind of articles all such vessels about sailing may have on board, so as to prevent their taking any cargo or other lading than the stores, provisions, armament, furniture, and equipment, generally proper and necessary for such vessels. Sec. 17. And be it further enacted, That whenever it shall appear, on
Collectors report made to any collector of the customs, by any officer of the customs, may seize such
articles as are revenue officer, or other person, that any private armed vessel has on put on board board any article or articles whatever, goods, wares, merchandise, or cargo private armed of any description, intended for trade or traffic with the enemies of the
to this act. United States, either directly or intermediately through any neutral or other person or persons, or for exportation, it shall be the duty of the said collector, and he is hereby authorized, to seize all such articles, goods, wares, merchandise, and cargo of every description, and to have the same landed forthwith, to be proceeded against as forfeited to the United States. Sec. 18. And be it further enacted, That in all such cases it shall be
Made the duthe duty of the district attorney of the United States, for the district district attorney within which the said proceedings shall take place, to proceed in due to institute legal form of law for the condemnation and forfeiture of the said articles to proceedings ac
cordingly. the use of the United States.
Additional Sec. 19. And be it further enacted, That in all cases of condemnation
fines upon the as aforesaid, the captain or other commanding officer, and each and every captains or of the owners of such private armed vessels, shall be fined in a sum not commanders of
such private exceeding one thousand dollars each.
armed vessels. Sec. 2). And be it further cnacted, That this act shall be in force from
Continuance and after the passing thereof, until the first day of January, in the year of this act. of our Lord one thousand eight hundred and fifteen, unless a cessation of hostilities between the United States and Great Britain and Ireland and their dependencies, shall take place before that day; in which event, or in any other event that shall, in the opinion of the President, render the termination of the embargo hereby imposed compatible with the public interest, the President of the United States is hereby authorized to declare by proclamation, that this act is to cease and have no effect.
APPROVED, December 17, 1813.
CHAP. II.-An act making certain partial appropriations for the year one thou- Jan. 11, 1814.
sand eight hundred and fourteen. Be it enacted by the Senate and House of Representatives of the United [Obsolete.] States of America in Congress assembled, That a sum of one million of one million
Appropriation five hundred thousand dollars be, and the same is hereby appropriated five hundred towards defraying the expenses of the military establishment of the United thousand dolStates during the year one thousand eight hundred and fourteen.
Sec. 2. And be it further enacted, That the following sums be appro- Compensapriated for the purposes herein recited, that is to say: Towards defraying the compensation granted by law to the members of the Senate and of RepresentaHouse of Representatives, their officers and attendants, during the year tives.
. one thousand eight hundred and fourteen, the sum of fifty thousand dollars:
tion to the Senate and House Contingent expenses of the Senate and the House of Representatives.
Towards defraying the contingent expenses of the House of Representatives, during the year one thousand eight hundred and fourteen, ten thousand dollars:
Towards defraying the contingent expenses of the Senate, during the year one thousand eight hundred and fourteen, three thousand dollars:
Towards defraying the expenses of the navy of the United States, for the year one thousand eight hundred and fourteen, the sum of one million of dollars.
Sec. 3. And be it further enacted, That the several appropriations herein before made, shall be paid and discharged out of any moneys in the treasury not otherwise appropriated.
APPROVED, January 11, 1814.
Jan. 17, 1814. Chap. IV.-An Act to amend the serenth section of the act, entitled “ An act to
lay and collect a direct lux within the United States." 1813, ch. 37. Where the le- Be it enacted by the Senate and House of Rrpresentatives of the United gislature of a
States of America in Congress assembled, That in every case where the state shall not meet before legislature of a state shall not convene prior to the first day of January, January 1,1814, one thousand eight hundred and fourteen, no notice of the assumption such state to be of the quota of such state of the direct tax shall be deemed necessary; allowed until February to
and such state shall be allowed until the twentieth of February next for make payment making payment, and shall receive thereon the same deduction as if such of the quota of
payment had been made on the tenth day of February. the state of the direct tax.
APPROVED, January 17, 1814.
Jan. 25, 1814. CHAP. V.- An act authorizing the President of the United States to grant cero
tain permissions to the inhabitants of the island of Nantucket. [Obsolete.)
Be it enacted by the Senate and House of Representatives of the Permission United States of America in Congress assembled, That during the congiven to the inhabitants of
tinuance of the act laying an embargo on all ships and vessels in the Nantucket ports and harbours of the United States, it shall be lawful for the Presiisland to hold dent of the United States, and he is hereby authorized and empowered, an intercourse with the main
when in his opinion the public interest shall not forbid it, to grant peron certain con- mission, on application made therefor, to any inhabitant or inhabitants ditions. of the island of Nantucket, to employ any ship, vessel, or boat, for the
purpose of conveying from the main land to said island, fuel, provisions and other necessaries for the subsistence of the inhabitants thereof, and of carrying from Nantucket to the main land, in the ship, vessel, or boat, oil, spermaceti candles and fish, under such regulations and restrictions,
and with such security as are required by the fourth section of the act Act of De- "laying an embargo on all ships and vessels in the ports and harbours of cember 17, 1813, ch. 1.
the United States."
APPROVED, January 25, 1814.
Jan. 27, 1814. Chap. VII.-An act making further provision for filling the ranks of the regular
army, encouraging enlistments, and authorizing the re-enlistments, for longer
periods, of men whose terms of service are about to expire. (Obsolete.]
Be it enacted by the Senate and House of Representatives of the Act of March United States of America in Congress assembled, That in order to com3, 1815, ch. 79.
plete the present military establishment to the full number authorized by law with the greatest possible despatch, there shall be paid to each effective able-bodied man who shall after the first day of February next be
Sum to be
Act of Janua
enlisted into the army of the United States, to serve for the term of five years, or during the war, at his election, in lieu of the bounty in money paid to recruits, and of the three months' pay at the expiration of the service now allowed
be $124. by law, the sum of one hundred and twenty-four dollars; fifiy dollars of
When paid which to be paid at the time the recruit is enlisted, fifty dollars when he shall be mustered and have joined some military corps for service, and twenty-four dollars when he shall be discharged from service; and the
Representawife and children, and, if he leave no wife or children, the parents of
tives of persons
killed or dying such non-commissioned officer and soldier enlisted as herein before in the service stated, who may be killed in action, or die in the service of the United of the United States, shall be allowed and paid the said sum of twenty-four dollars; and States, how
provided for. after the said first day of February next, so much of the fourth section of the act, entitled “ An act for the more perfect organization of the ry 20, 1813, ch. army of the United States," passed the twentieth day of January, one thousand eight hundred and thirteen, as allows to each able-bodied man enlisted into the service of the United States, in the manner therein stated, an advance of twenty-four dollars on account of his pay, shall be, and the same is hereby repealed. Sec. 2. And be it further enacted, That the sum of eight dollars
sioned officers, shall be paid to any non-commissioned officer, soldier, or citizen, who shall, after the first day of February next, furnish and procure to be en- citizens to be listed, according to law, an able-bodied man, to serve for the term of entitled to eight
dollars for every five years, or during the war.
recruit procurSec. 3. And be it further enacted, That every non-commissioned officer, ed, &c. musician, and private, who has been recruited in the regular army of the Soldiers
listed into the United States, under the authority of the act of the eighth of April, one
regular army of thousand eight hundred and twelve, entitled “ An act in addition to the the United act, entitled 'An act to raise an additional military force,' passed January States, may reeleventh, one thousand eight hundred and twelve,” may be re-enlisted enlist for five
years, or during for the term of five years, or during the war; and that every non-commissioned officer, musician, and private, recruited under authority of the Act of April act of the twenty-ninth of January, one thousand eight hundred and 8, 1812, ch, 53.
Act of Jan. thirteen, entitled “ An act, in addition to the act, entitled · An act to 29,1813, ch. 16. raise an additional military force, and for other purposes," ' may be re-enlisted for five years, or during the war.
Sec. 4. And be it further enacted, That the non-commissioned offi- Such recruits cers, musicians, and privates, re-enlisted under the authority of the pre
entitled to the ceding section, shall be entitled to the bounty allowed by this act to
by this act. recruits for five years or for the war.
APPROVED, January 27, 1814.
CHAP. VIII.-- An Act for the appointment of an additional judge for the Missouri
Jan. 27, 1814. territory, and for other purposes.
[Obsoleto.) Be it enacted by the Senate and House of Representatives of the United Additional States of America in Congress assembled, That there shall be appointed judge for the
Missouri terrian additional judge for the Missouri territory, who shall hold his office
tory to be apfor the term of four years, unless sooner removed, shall reside at or near pointed to the village of Arkansaw, and who shall possess and exercise within the side at or near
Arkansaw. limits of the late district of Arkansaw, as fixed and established while the same was a part of the territory of Louisiana, or as the limits shall be established by the general assembly of the Missouri territory, the jurisdiction now possessed and exercised in said district, by the court of common pleas, as well as that possessed and exercised by the superior court within the said district, and to the exclusion of the original jurisdiction of the said court of common pleas and superior court within the same: Provided always, That the said superior court, or any judge
Writs of error therenf, in pursuance of the laws now in force in said territory, or of to the court ex