Page:United States Statutes at Large Volume 3.djvu/130



above mentioned proceed to any, other port or place than that mentioned in her clearance, nor put any article on board of any other vessel or boat or be employed in any foreign trade; and that on every voyage or trip, the whole of the cargo shall be landed in a port or place of the United States or the territories thereof within the bay, sound, rivers or lakes to which the navigation of such vessel is confined and the burthen of proof of the landing the whole of any such cargo in a port or place of the United States or the territories thereof, within the bay, sound, rivers, or lakes to which the navigation of such vessel or boat is confined, or in the port or place mentioned in her clearance, shall in case of any suit or prosecution instituted on such bond for a breach of the conditions thereof, lie upon the owner of owners, consignee or factors of such vessel or boat, or the master thereof, as the case may be: Provided, Such prosecution or suit be instituted within two years after such breach shall have been committed.

. And be it further enacted, That if an vessel or boat not having received a permission, and a bond not having been first given in the manner provided for in the next preceding section shall take on board any article or articles prohibited by this act, such vessel or boat, together with her cargo, shall be wholly forfeited and, the owners, agent, freighter or factors, master or commander of such vessel or boat, shall moreover severally forfeit and pay a sum equal to the value of the vessel or boat, and of the cargo put on board the same.

. And be it further enacted, That the person or persons, whose names do or may appear as owner or owners of any ship or vessel either on the certificate of registry, enrolment, or license of any such ship or vessel, or if neither registered or licensed, on the last clearance or custom house documents issued before the passing of this act for such ship or vessel, shall be reputed as the true owner or owners of such ship or vessel, and be liable to the payment of all penalties which may be incurred by the owners of such ship or vessel, by reason of any violation of the provision of this act: Provided always, That nothing in this section contained shall be construed to release any other person or persons from the payment of any penalty incurred by virtue of this act. And in case of any new register of license being granted during the continuance of this act, or in case of the sale of any ship or vessel neither registered or licensed, a bond with one or more sureties to the United States, shall, previous to the granting any such new register or license, or to recognising the sale of such vessel not registered or licensed be required by the collector, in an amount equal to the three hundred dollars of each ton of such ship or vessel, that such ship or vessel shall not, during the continuance of this act, contravene or infringe any of the provisions thereof: Provided, That nothing herein contained shall be construed to extend to the owner or owners of any ship or vessel, in any port of harbour of the United States, before notice of this act at such port of harbour respectively, nor to the owner or owners of any ship or vessel, in any foreign port or place, who shall have been a bona fide sale thereof before notice of this act: And provided also, That such bond shall not release the owners and master of such ship or vessel, or any other person from the obligation of giving every other bond required by this act.

. And be it further enacted, That the owner or owners of all vessels licensed for fisheries, or those bound on a whaling voyage, and having no other cargo than necessary sea stores, salt, and the usual fishing tackling and apparel, shall give a general bond in four times the value of the vessel and cargo, that they will not, during the continuance of this act, proceed to any foreign poer or place, and will return with their fishing fare to some port or place within the United States.

. And be it further enacted, That if any ship of vessel shall