ish Ports," passed on the 1st day of March, 1823, shall, in such case, be suspended, or absolutely repealed, as the case may require:

And whereas, by the said Act, it is further provided, that, whenever the ports of the United States shall have been opened under the authority thereby given, British vessels and their cargoes shall be admitted to an entry in the ports of the United States, from the islands, provinces, or colonies of Great Britain, on or near the North American continent, and north or east of the United States:

And whereas satisfactory evidence has been received by the President of the United States, that, whenever he shall give effect to the provisions of the Act aforesaid, the Government of Great Britain will open, for an indefinite period, the ports in its colonial possessions in the West Indies, on the continent of South America, the Bahama Islands, the Caicos, and the Bermuda or Somer Islands, to the vessels of the United States, and their cargoes, upon the terms, and according to the requisitions of the aforesaid Act of Congress:

Now, therefore, I, Andrew Jackson, President of the United States of America, do hereby declare and proclaim that such evidence has been received by me; and that by the operation of the Act of Congress, passed on the 29th day of May, 1830, the ports of the United States are, from the date of this proclamation, open to British vessels coming from the said British possessions, and their cargoes, upon the terms set forth in the said Act; the Act, entitled "An Act concerning Navigation," passed on the 18th day April, 1818, the Act supplementary thereto, passed the 15th day of May, 1820, and the Act, entitled "An Act to regulate the Commercial Intercourse between the United States and certain British Ports," passed the 1st day of March, 1823, are absolutely repealed; and British vessels, and their cargoes, are admitted to an entry in the ports of the United States, from the islands, provinces, and colonies of Great Britain, on or near the North American continent, and north or east of the United States.

Given under my hand, at the city of Washington, the 5th day of October, in the year of our Lord 1830, and the 55th of the independence of the United States.

By the President:

M. VAN BUREN, Secretary of State.

ANDREW JACKSON.

No. 176.-1862, March 15: United States Statute, Cap. 43.

CHAP. XLIII.-An Act for a joint Commission for the preservation of the Atlantic Fisheries.

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 is hereby authorized to appoint a Commissioner, to meet such Commissioner as may be appointed on the part of Great Britain, and also one on the part of France, together to form a Joint Commission to frame measures to protect the fisheries off

the coast of Newfoundland and North America against deterioration and destruction by means of set lines on the spawn banks, and like destructive practices.

788

SEC. 2. And be it further enacted, That, to enable the President to carry into effect this Act, the sum of three thousand dollars be and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated.

Approved, March 15, 1862.

No. 177-1866, July 18: Extract from United States Statute,

Cap. 201.

CHAP. CCI.-An Act further to prevent Smuggling and for other Purposes.

SEC. 41. And be it further enacted, That it shall be the duty of the master of any foreign vessel, laden or in ballast, arriving in the waters of the United States from any foreign territory adjacent to the northern, northeastern, or northwestern frontiers of the United States, to report at the office of any collector or deputy collector of the customs, which shall be nearest to the point at which such vessel may enter said waters; and such vessel shall not proceed further inland, either to unlade or take in cargo, without a special permit from such collector or deputy collector, issued under and in accordance with such general or special regulations as the Secretary of the Treasury may in his discretion, from time to time, prescribe. And for any violation of this section such vessel shall be seized and forfeited.

No. 178.-1871, March 28: Extract from Statute of Delaware, Chapter 72, Vol. 14, as amended to 1893.

An Act for the protection of fishermen.

SECTION 1. [It shall be unlawful for any person not being a citizen of this State to catch or take fish of any kind in the Delaware bay or river, or any of the creeks emptying into the same, within the limits of this State, nor shall any person, being a citizen of this State, have transferred to him, or in any way have control over or possession of any boat, vessel, or net, which shall be owned, in whole or in part, by any person who is not a citizen of this State, and which is used for the purpose of fishing in the Delaware bay or river, or any of the tributaries thereof, within the limits of this State.] Provided that transient vessels may catch fish for their own immediate use. If any master of a boat or vessel, or other person, shall violate this section, he shall be deemed guilty of a misdemeanor, and shall pay to the State a fine of fifty dollars, and the boat or vessel used in such violation of the law, with all her tackle, apparel and furniture, and all her

implements for fishing, gill-net or seine, or any contrivance for taking fish, and anything so taken shall be forfeited and may be seized and detained for trial by any officer or person. Such trial may be had before any justice of the peace, and if condemned, the property seized shall be sold by his order, and the proceeds, deducting costs and charges, be equally divided among the captors:

SEC. 6. [Every person being a citizen of this State, who may desire to fish in the Delaware bay or river, for market, with nets, shall make an affidavit before a justice of the peace of this State, stating that he is a bona fide citizen of the State of Delaware, giving his place of residence and the length of time he has resided at said place, and that he is the true and legal owner of the boat and net to be used in fishing; that he will not use such boat and net, or either of them, in the interest of any person not a citizen of this State. Said affidavit shall be filed in the office of the justice of the peace before whom it is made, and the party making said affidavit shall procure from the justice of the peace a certificate, stating that such an affidavit has been made, and exhibit and show the same to any person demanding an inspection of the same. The affidavit required to be made and certificate obtained under this section shall be made and obtained before the first day of April in each and every year such person proposes to fish. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars, and shall also forfeit the boat, or net, or both, as the case may be, used in fishing.] [Provided, that the provisions of this section shall apply to those citizens of this State only who may desire to fish for sturgeon or with nets exceeding seventy-five (75) fathoms in length.]

SEC. 8. It shall be unlawful for any person to make use of any gillseine of a less mesh than ten inches for the purpose of catching fish in the River Delaware, within the jurisdiction of this State, above the southern point of Reedy Island, between the tenth day of June

and the tenth day of August in any year, and he, she, or they 789 so offending shall forfeit or pay the sum of one hundred dollars, together with costs of suit, for each and every offence, and one-half of said penalty shall be paid to the informer.

SEC. 9. It shall be unlawful for any person to cast, draw, fasten, or otherwise make use of any net, trap, device, or contrivance for the purpose of catching [shad] in the River Delawaare, or the bay thereof, within the jurisdiction of this State, between the hours of (eight) on Saturday and midnight of Sunday, throughout the year, and he, she, or they, so offending, shall forfeit and pay the sum of fifty dollars, together with costs of suit, for each and every offence, and one-half of said penalty shall be paid to the informer.

No. 179.-1878: Extracts from Revised Statutes of the United States 1878, Titles XXXIV, XLVIII, and L.

TITLE XXXIV.—COLLECTION OF DUTIES UPON IMPORTS.

CHAPTER FOUR.-Entry of merchandise.

SEC. 2793. Enrolled or licensed vessels engaged in the foreign and coasting trade on the northern, northeastern and northwestern frontiers of the United States, departing from or arriving at a port in one district to or from a port in another district, and also touching at intermediate foreign ports, shall not thereby become liable to the payment of entry and clearance fees, or tonnage tax, as if from or to foreign ports; but such vessel shall, notwithstanding, be required to enter and clear.

TITLE XLVIII.-REGULATION OF COMMERCE AND NAVIGATION.

CHAPTER THREE.-Tonnage duties.

SEC. 4219. [Upon vessels which shall be entered at any customhouse in the United States, from any foreign port or place, there shall be paid the respective duties following: On vessels of the United States, thirty cents a ton; on vessels built within the United States, but belonging wholly or in part to subjects of foreign powers, sixty cents per ton; on foreign vessels entered in the United States from any foreign port to and with which vessels of the United States are not ordinarily permitted to enter and trade, two dollars and thirty cents per ton; on other vessels, thirty cents per ton: Provided, That the President of the United States shall be satisfied that the discrimi nating or countervailing duties of any foreign nation to which such vessels belong, so far as they operate to the disadvantage of the United States, have been abolished; otherwise, eighty cents per ton: And provided, That nothing in this section shall impair any rights or privileges which have been or may be acquired by any foreign nation, under the laws and treaties of the United States, relative to the duty of tonnage on vessels]. [Upon vessels which shall be entered in the United States from any foreign port or place there shall be paid duties as follows: On vessels built within the United States but belonging wholly or in part to subjects of foreign powers, at the rate of thirty cents per ton; on other vessels not of the United States, at the rate of fifty cents per ton. Upon every vessel not of the United States, which shall be entered in one district from another district, having on board goods, wares, or merchandise taken in one district to be delivered in another district, duties shall be paid at the rate of fifty cents per ton. Nothing in this section shall be deemed in any wise to impair any rights or privileges which have been or may be acquired by any foreign nation under the laws and treaties of the

United States relative to the duty of tonnage on vessels. On all foreign vessels which shall be entered in the United States from any foreign port or place, to and with which vessels of the United States are not ordinarily permitted to enter and trade, there shall be paid a duty at the rate of two dollars per ton; and none of the duties on tonnage above mentioned shall be levied on the vessels of any foreign nation if the President of the United States shall be satisfied that the discriminating or countervailing duties of such foreign nations, so far as they operate to the disadvantage of the United States, have been abolished. In addition to the tonnage-duty above imposed, there shall be paid a tax, at the rate of thirty cents per ton, on vessels

which shall be entered at any custom-house within the United 790 States from any foreign port or place; and any rights or privileges acquired by any foreign nation under the laws and treaties of the United States relative to the duty of tonnage on vessels shall not be impaired; and any vessel any officer of which shall not be a citizen of the United States shall pay a tax or fifty cents per ton.]

SEC. 4220. No vessel belonging to any citizen of the United States, trading from one port within the United States to another port within the United States, or employed in the bank, whale, or other fisheries, shall be subject to tonnage tax or duty, if such vessel be licensed, registered or enrolled.

SEC. 4221. In cases of vessels making regular daily trips between any port of the United States and any port in the Dominion of Canada, wholly upon interior waters not navigable to the ocean, no tonnage or clearance fees shall be charged against such vessel by the officers of the United States, except upon the first clearing of such vessel in each year.

SEC. 4222. No consul or consular agent of the United States shall exact tonnage fees from any vessel of the United States, touching at or near ports in Canada, on her regular voyage from one port to another within the United States, unless such consul or consular agent shall perform some official services, required by law for such vessel, when she shall thus touch at a Canadian port.

SEC. 4223. The tonnage duty imposed on all vessels engaged in foreign commerce shall be levied but once within one year, and, when paid by such vessel, no further tonnage tax shall be collected within one year from the date of such payment. But this provision shall not extend to foreign vessels entered in the United States from any foreign port, to and with which vessels of the United States are not ordinarily permitted to enter and trade.

SEC. 4224. Vessels which pay tonnage duties once in a year shall pay the same either at their first clearance from or entry at, according to priority, a custom-house in the United States in each calendar year. Nothing in this section shall be construed to prevent customs officers from collecting such tonnage duty at the entry of vessels at their respective custom-houses during the calendar year if the same has not previously been paid for such year.

SEC. 4225. A duty of fifty cents per ton, to be denominated "light money," shall be levied and collected on all vessels not of the United States, which may enter the ports of the United States. Such lightmoney shall be levied and collected in the same manner and under the same regulations as the tonnage duties.