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County, within the aforesaid time, from the fifteenth day of November to the fifteenth day of April, of more than six Fathoms in length, and shall be convicted thereof, such Person or Persons shall forfeit the Sum of fire Pounds, to be recovered by any Person or Persons who will sue for the same, with Costs of Suit, before any one of his Majesty's Justices of the Peace of said County, and disposed of as the other Forfeitures of this Act are directed. This Act to continue in force from the publication hereof, until the fifteenth day of April, which will be in the Year of Our Lord one thousand seven hundred and seventy-six.

No. 161.-1774, June 17: Act of the Province of Massachusetts Bay, 1774, Cap. 2.

An Act for maintaining a lighthouse upon Brant Point, at the entrance of the Harbour of Nantucket.

Whereas the inhabitants of the island of Nantucket, at their own cost and charge, have, at different times, erected three lighthouses upon Brant Point, at the entrance of the harbour of Nantucket, the first of which was destroyed by fire, and the second by a violent gust

of wind; the third is now standing and is absolutely necessary 776 for all vessels coming in and going out of said harbour, but the

inhabitants of said island have hitherto borne all the charge of erecting and maintaining the said lighthouse, which burthen ought, in equity, to be borne by all vessels receiving advantage from that light, belonging to strangers as well as to the said inhabitants who have humbly petitioned this court for relief,

Therefore be it enacted by the Governor, Council and House of Representatives,

[SECT. 1.] That from and after the first day of August, Anno Domini one thousand seven hundred and seventy-four, all vessels of fifteen tons burthen and upwards, coming in or going out of said harbour of Nantucket, shall pay the sum of six shillings at the time of their first coming in or going out; and no further sum shall be demanded of any such vessel for the space of twelve months next following.

And be it further enacted,

[SECT. 2.] That no vessel of fifteen tons burthen and upwards shall be clear'd or entered by the impost officer residing at said island of Nantucket, until the said sum of six shillings be paid to him for the support and maintenance of the said light house; and the said impost officer, for the time being, is hereby directed and required to receive the sum of six shillings, for each vessel so enter'd or cleared, and no more, to be applied for the purposes of maintaining of said lighthouse, and shall keep a fair account of all such monies received, and pay the same to the selectmen of the town of Sherburne, or the major part of them, or their successors in said office, to be applied for the purposes aforesaid. [Passed June 17.

No. 162.-1775, January 31: Colonial Law of New York.

An Act to continue and amend an Act entitled, An Act to prevent the Destruction of Fish in the County of Suffolk.

Whereas the abovesaid Act passed the Twenty fourth Day of March in the Year of our Lord One thousand seven hundred and Seventy two, has been found in a great Measure to answer the good Purposes thereby Intended, and if further continued, with some Amendments, must prove of great Advantage to the Community.

Be it enacted by his Honor the Lieutenant Governor, the Council, and the General Assembly, and it is hereby enacted by the Authority of the same, That the first enacting clause in the said Act is hereby repealed, and declared null and void, and the following Clause substituted and enacted by the Authority aforesaid instead thereof; That if any Person or Persons shall draw any Seine or Net of any Length whatsoever, or set any Seine or net above six Fathoms in Length, from the Fifteenth Day of November to the Fifteenth Day of April, in any Year during the Continuance of this Act, in any of the Bays, Rivers or Creeks within the County of Suffolk, shall for each Offence forfeit the Sum of one Hundred Pounds, And if any Person or Persons shall set any Net whatsoever in Ketchabanuck Channel or within Thirty Rods of the Mouth of said Channel leading into Quantuck Bay or out of said Bay shall forfeit the Sum of Ten Pounds, Or if any Person or Persons shall set any Net or Nets in any other Place in any of the Bays, Rivers or Creeks in the County aforesaid within four rods of another Net or Nets, and that with Meshes less than three Inches Square, shall for each Offence Forfeit the Sum of Five Pounds, which forfeitures shall be recovered with Costs of Suit in any Court in this Colony, having Cognizance of the same, by any Person or Persons who shall sue for the same, The one half of all the forfeitures shall be paid to the Prosecutor or Prosecutors, and the other half to be paid to the Treasurer of the said County, to be disposed of by the Supervisors of said County, towards defraying the Public Expense of the County, and for want of Estate to levy the same, the Offender or Offenders shall be committeed to the common Goal of the County wherein he shall be Convicted, thereto remain until the Forfeiture or Forfeitures be paid, with Cost of Suit.

Be it further enacted by the same Authority, That it shall be no legal Objection or Disqualification against any Freeholder or Inhabitant in the said County, otherwise lawfully qualified as a Juror or Evidence, to serve on any Jury or give Evidence in any Suit or Suits that shall be brought by Virtue of this or the abovesaid Act, notwithstanding the one half of the forfeitures are made payable in the County Treasury, and to be disposed of by the Supervisors as aforesaid.

Be it further enacted by his Honor the Lieutenant Governor, the Council and the General Assembly, and it is hereby enacted by the Authority of the same, That the abovesaid Act to prevent the Destruction of Fish in the County of Suffolk, passed the Twenty fourth Day of March in the Year of our Lord One Thousand Seven Hundred and Seventy two, except the first enacting Clause shall be and is hereby continued, and every Clause, Matter and Thing therein con

tained, with this Amendment, enacted to be and remain in full Force to all Intents and Purposes whatsoever, until the Fifteenth Day of April which will be in the Year of our Lord one Thousand seven hundred and eighty.

777 No. 163.-1789, July 31: Extract from United States Statute, Cap. 5.

CHAP. V.-An Act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandises imported into the United States.

SEC. 10. And be it further enacted, That every master or other person having or taking the charge or command of any ship or vessel, bound to any port of the United States, from any foreign port or place, shall deliver upon demand, to any officer or other person lawfully authorized, who shall first come on board his ship or vessel, two manifests, signed by the said master or person having command, and specifying in words (and not in figures) a true account of the loading which such ship or vessel had on board at the port from which she last sailed, and at the time of her sailing, or at any time since, the packages, marks and numbers, and noting thereon to what port in the United States such ship or vessel is bound, and the name or names of the person or persons to whom the goods are consigned, or in cases where the goods are shipped to order, the names of the shippers, noting the goods consigned to their order. One of which manifests, such officer, or other person, shall sign, and return to the master or other person having the charge of such ship or vessel, certifying thereon as nearly as may be, the time when the same was produced, and that a like manifest was delivered to him; and shall transmit the other manifest to the collector of the district to which such ship or vessel is bound.

SEC. 11. And be it further enacted, That the master or other person, having the charge or command of any ship or vessel (ships and vessels of war excepted) coming into, or arriving in any of the ports or districts of the United States, or in any of the creeks or harbours thereof, shall, within forty-eight hours after such arrival, repair to the office of the Collector of the district where such vessel shall so arrive, and shall report to the said collector the place from whence he last sailed, with the name and burthen of his ship or vessel, and shall deliver to such collector two manifests, agreeably to the directions of this act, unless he shall before have delivered one manifest to some officer, or other person lawfully authorised in manner as herein before is required; in which case he shall deliver the manifest. certified as aforesaid, together with such documents as are usually furnished in the port from whence they came, and shall take and subscribe an oath or affirmation, before the collector or other proper officer, which oath or affirmation, he or they are authorized and required to administer, and shall be in the words following, to wit: do solemnly swear or affirm (as the case may be) that this is, to the best of my knowledge and belief, a just and true

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manifest of all the goods, wares and merchandise, on board the at the port from which she last sailed, at the time of her sailing, or at any time since, and of which vessel I am at present master." And if the master or other person having charge or command of any such ship or vessel, shall refuse or neglect to make entry, or deliver his manifests and documents, pursuant to the directions of this act, or to take the oath or affirmation herein prescribed, he shall forfeit and pay five hundred dollars for each refusal or neglect.

SEC. 12. And be it further enacted, That no goods, wares or merchandise, shall be unladen or delivered, from any ship or vessel, but in open day, or without a permit from the collector for that purpose; and if the master or commander of any ship or vessel shall suffer or permit the same, such master and commander, and every other person who shall be aiding or assisting in landing, removing, housing, or otherwise securing the same, shall forfeit and pay the sum of four hundred dollars for every offence; shall moreover be disabled from holding any office of trust or profit under the United States, for a term not exceeding seven years; and it shall be the duty of the collector of the district, to advertise the names of all such persons in the public gazette of the State in which he resides, within twenty days after each respective conviction. And all goods, wares and merchandise, so landed or discharged, shall beocme forfeited, and may be seized by any officer of the customs; and where the value thereof shall amount to four hundred dollars, the vessel, tackle, apparel and furniture, shall be subject to like forfeiture and seizure: Provided always, That if any ship or vessel compelled by distress of weather, or other sufficient cause, shall put into any port or place of the United States, other than that to which she was actually destined, the master or other person having command, shall within forty-eight hours next after his arrival, make report and deliver a true manifest of his cargo to the Collector of the port or district; and moreover shall within twenty-four hours, make protest in the usual form before a notary public or justice of the peace, of the cause and circumstances of such distress; and if it shall appear to the collector, that there is a necessity for unloading such ship or vessel, he shall grant permission, and appoint a proper officer to attend the unloading thereof; and all goods, wares and merchandise so unladen, shall be stored under the direction, and subject to the safe keeping of such collector; but if any part thereof shall be of a perishable nature, or it may be necessary to make sale of any part thereof to defray the expenses of such vessel or cargo, the said collector shall grant a license to the master, commander or owner, to dispose of so much thereof as are perishable, or shall be necessary to defray such expenses: Provided, That the duties thereon be first paid or secured: And provided also, that such necessity be made appear by the wardens of the port, or other persons legally authorized to certify the same, and where there are no such persons, by the affidavit of two reputable citizens of the neighbourhood, best acquainted with matters of that kind.

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778 No. 164.-1789, September 1: Extract from United States Statute, Cap. 11.

CHAP. XI.-An Act for registering and clearing vessels, regulating the coasting trade, and for other purposes.

SEC. 22. And be it further enacted, That from and after the tenth day of September next, every ship or vessel of the burthen of twenty tons or upwards, built within the United States, and wholly owned by a citizen or citizens thereof; or not built within the United States, and on the sixteenth day of May, one thousand seven hundred and eighty-nine, wholly owned and thereafter continuing to be owned by a citizen or citizens of the United States, but not registered, if destined from district to district, or to the bank or whale fisheries, shall, in order to be entitled to all the privileges of a ship or vessel belonging to the United States, employed in the coasting trade or in the fisheries, be enrolled by the collector of the district where the owner, or one of the owners of such vessel may reside, and every vessel so enrolled, shall have her name and the name of the place to which she belongs painted on her stern, in manner directed by this act, for registered vessels, and such collector on due proof by oath or affirmation to him made by the owner or one of the owners of such ship or vessel of her name, burthen and denomination, and that she is of the description aforesaid, and of the names of the owner or owners, and of the master thereof, and that they are citizens of the United States, and of the place or places of residence of such owner or owners, shall enroll in a book to be kept for that purpose, the name of every such vessel, her burthen, where built, and denomination, the name or names, and place or places of residence of the owner or owners thereof, and that he or they, together with the master, are citizens of the United States, a description of the built of such vessel as aforesaid, and the date of the enrolment, and shall also grant to the owner or owners, a certificate, containing a copy of such enrolment, and transmit to the secretary of the treasury a copy of every such certificate of enrolment, to be by him recorded: and whenever the property of such ship or vessel shall be changed in whole or in part, the person or persons who shall then be owner or owners, or one of them, shall make known such change to the collector of the district where he or they may reside, and such collector is hereby authorized and directed to grant a new certificate of the enrolment of such ship or vessel by her former name, to such owner or owners, upon his or their delivering up the former certificate, which shall be sent to the office of the collector from whence it was issued, to be cancelled: Provided, That the master or owner of every vessel of less than twenty tons burthen, and not less than five tons, which shall be employed between any of the districts in the United States, shall cause the name of such vessel and of the place to which she belongs, to be painted on her stern in manner directed by this act for registered vessels, and shall annually procure a license from the collector of the district to which such vessel belongs, who is hereby authorized to give the same, purporting that such vessel is exempt from clearing and entering for the term of one year from the date thereof; and the master or owner of every such vessel shall give

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