founded com- said master, or the owner or consignee of such ship or vessel, plaint of a ves shall deduct the amount thereof, and of reasonable damages for sel being not seaworthy. the detention (to be ascertained by the said judge or justice) out of the wages growing due to the complaining seamen or mariSeamen refus ners. And if, after such judgment, such ship or vessel is fit to ing to proceed proceed on her intended voyage, or after procuring such men, provisions, stores, repairs, or alterations, as may be directed, the said seamen or mariners, or either of them, shall refuse to promitted to gaol, ceed on the voyage, it shall and may be lawful for any justice of ment of double the peace to commit, by warrant under his hand and seal, every amount of ad- such seaman or mariner (who shall so refuse) to the common to sea, after judgment, may be com &c. until pay. vance, &c. Habeas corpus, &c. not to avail. Proviso; as to return of habeas corpus, &c. Harboring or secreting delinquent sea men, &c. Not more than one dollar recovera ble from a seaman during contract, &c. Seamen absenting themleave, &c. gaol of the county, there to remain without bail or mainprise, until he shall have paid double the sum advanced to him at the time of subscribing the contract for the voyage, together with such reasonable costs as shall be allowed by the said justice, and inserted in the said warrant, and the surety or sureties of such seaman or mariner (in case he or they shall have given any) shall remain liable for such payment; nor shall any such seaman or mariner be discharged upon any writ of habeas corpus, or otherwise, until such sum be paid by him or them, or his or their su ely or sureties, for want of any form of commitment or other previous proceedings. Provided, That sufficient matter shall be made to appear, upon the return of such habeas corpus and an examination then to be had, to detain him for the causes hereinbefore assigned. 4. That if any person shall harbor, or secrete, any sea man or mariner, belonging to any ship or vessel, knowing them to belong thereto, every such person, on conviction thereof, before any court in the city, town or county, where he, she, or they, may reside, shall forfeit and pay ten dollars for every day which he, she, or they, shall continue so to harbor or secrete such seaman or mariner, one half to the use of the person prosecuting for the same, the other half to the use of the United States; and no sum exceeding one dollar, shall be recoverable from any seaman or mariner by any one person, for any debt contracted during the time such seaman or mariner shall actually belong to any ship or vessel, until the voyage, for which such seaman or mariner engaged, shall be ended. 5. That if any seaman or mariner who shall have subscribed such contract as is herein before described, shall absent himself from on board the ship or vessel, in which he shall so have shipped, without leave of the master or officer commanding on board; and the mate, or other officer having charge of the logbook, shall make an entry therein of the name of such seaman or maSix days' pay riner, on the day on which he shall so absent himself, and if such for two of absence. If longer, en tire wages, goods, and chattels, &c. seaman or mariner shall return to his duty within forty-eight hours, such seaman or mariner shall forfeit three days' pay for every day which he shall so absent himself, to be deducted out of his wages: but if any seaman or mariner shall absent himself for more than forty-eight hours at one time, he shall forfeit all the wages due to him, and all his goods and chattels which were on board the said ship or vessel, or in any store where they may have been lodged at the time of his desertion, to the use of the owners of the ship or vessel, and moreover shall be liable to pay to him or them, all damages which he or they may sustain by being obliged to hire other seamen or mariners in his or their place; and such damages shall be recovered with costs, in any Recovery of court, or before any justice or justices, having jurisdiction of the recovery of debts to the value of ten dollars, or upwards. damages and costs for ab sence, &c. One-third of wages due to seamen, payable at every port of delivery; except, &c. Final pay ment of seamen's wages. withheld, &c. 6. That every seaman or mariner shall be entitled to demand and receive, from the master or commander of the ship or vessel to which they belong, one-third part of the wages which shall be due to him, at every port where such ship or vessel shall unlade and deliver her cargo before the voyage be ended, unless the contrary be expressly stipulated in the contract and as soon as the voyage is ended, and the cargo or ballast be fully discharged at the last port of delivery, every seaman or mariner shall be entitled to the wages which shall be then due according to his contract and if such wages shall not be paid within Recovery of ten days after such discharge, or if any dispute shall arise be- seamen's wa tween the master and seamen or mariners, touching the said ges when wages, it shall be lawful for the judge of the district where the said ship or vessel shall be, or in case his residence be more than three miles from the place, or of his absence from the place of his residence, then, for any judge or justice of the peace, to summon the master of such ship or vessel to appear before him, to show cause why process should not issue against such ship or vessel, her tackle, furniture, and apparel, according to the course of admiralty courts, to answer for the said wages and if the master shall neglect to appear, or appearing, shall not show that the wages are paid, or otherwise satisfied or forfeited, and if the matter in dispute shall not be forthwith settled, in such case the judge or justice shall certify to the clerk of the court of the district, that there is sufficient cause of complaint whereon to found admiralty process, and thereupon the clerk of such court shall issue process against the said ship or vessel, and the suit shall be proceeded on in the said court, and final judgment be given according to the course of admiralty courts in such cases used; and in such suit all the seamen or mariners (having cause of complaint of the like kind against the same ship or vessel) shall be joined as complainants; and it shall be incumbent on the mas- Master to proter or commander to produce the contract and logbook, if required, to ascertain any matters in dispute; otherwise the complainants shall be permitted to state the contents thereof, and the proof of the contrary shall lie on the master or commander; but nothing herein contained shall prevent any seaman or mariner from having or maintaining any action at common law, for the recovery of his wages, or from immediate process out of any court having admiralty jurisdiction, wherever any ship or vessel may be found, in case she shall have left the port of delivery where her voyage ended before payment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the delivery of her cargo or ballast. All the seamen to join in one suit. duce contract, &c. Common law remedy for seamen, &c. Seamen de § 7. That if any seaman or mariner, who shall have signed a serting, may contract to perform a voyage, shall, at any port or place, desert, be apprehenor shall absent himself from such ship or vessel, without leave ded on war Vol. I. 14 rant, &c. Proceedings on warrant, &c. Medicine chests for vessels, &c. of the master, or officer commanding in the absence of the master, it shall be lawful for any justice of peace within the United States (upon the complaint of the master) to issue his warrant to apprehend such deserter and bring him before such justice; and if it shall then appear, by due proof, that he has signed a contract within the intent and meaning of this act, and that the voyage agreed for is not finished, altered, or the contract otherwise dissolved, and that such seaman or mariner has deserted the ship or vessel, or absented himself without leave, the said justice shall commit him to the house of correction, or common gaol of the city, town, or place, there to remain until the said ship or vessel shall be ready to proceed on her voyage, or till the master shall require his discharge, and then to be delivered to the said master, he paying all the cost of such commitment, and deducting the same out of the wages due to such seaman or mariner. § 8. That every ship or vessel, belonging to a citizen or citizens of the United States, of the burthen of one hundred and fifty tons or upwards, navigated by ten or more persons in the whole, and bound on a voyage without the limits of the United States, shall be provided with a chest of medicines, put up by some apothecary of known reputation, and accompanied by directions for administering the same; and the said medicines shall be examined by the same or some other apothecary, once, Fresh medi- at least, in every year, and supplied with fresh medicines in the cines. place of such as shall have been used or spoiled; and in default Master not providing meof having such medicine chest so provided, and kept fit for use, dicine chests, the master or commander of such ship or vessel shall provide to pay for me- and pay for all such advice, medicine, or attendance of physidical advice, cians, as any of the crew shall stand in need of in case of sickness, at every port or place where the ship or vessel may touch or trade at during the voyage, without any deduction from the wages of such sick seaman or mariner. &c. Vol. ii. p. 971. Water, salted meat, and §9. That every ship or vessel, belonging as aforesaid, bound shipbread, for on a voyage across the Atlantic ocean, shall, at the time of leavvessels bound ing the last port from whence she sails, have on board, well seacross the at- cured under deck, at least sixty gallons of water, one hundred lantic, &c. Penalty for short allowance, when water, &c. are not provided. Vol. i. p. 629. Vol. ii. p. 873, 1271. Vol. iii. p. 1617, 1932. pounds of salted flesh meat, and one hundred pounds of wholesome shipbread, for every person on board such ship or vessel, over and besides such other provisions, stores, and live stock, as shall, by the master or passengers, be put on board, and in like proportion for shorter or longer voyages; and in case the crew of any ship or vessel, which shall not have been so provided, shall be put upon short allowance in water, flesh, or bread, during the voyage, the master or owner of such ship or vessel shall pay, to each of the crew, one day's wages beyond the wages agreed on, for every day they shall be so put to short allowance, to be recovered in the same manner as their stipulated wages. [Approved, July 20, 1790.] CHAP. 57. [30.] An act imposing duties on the tonnage of ships or vessels. § 1. Be it enacted, &c. That upon all ships or vessels which after the first day of September next, shall be entered in the vessels of the United States. Domestic built and foreign owned vessels: On all others. ves United States, from any foreign port or place, there shall be paid Tonnage on the several and respective duties following, that is to say: On ships or vessels of the United States, at the rate of six cents per Lon on ships or vessels built within the United States, after the twentieth day of July last, but belonging wholly or in part to subjects of foreign powers, at the rate of thirty cents per ton: on other ships or vessels, at the rate of fifty cents per ton. § 2. That the aforesaid duty of six cents per ton, shall be Tonnage on also paid upon every ship or vessel of the United States which, costing after the said first day of September next, shall be entered in a United States. district in one state from a district in another state, other than an adjoining state, on the sea coast or on a navigable river, having on board goods, wares, and merchandise, taken in one state, to be delivered in another state: Provided, That it shall not be Proviso; as to paid on any ship or vessel, having a license to trade between the licensed and different districts of the United States, or to carry on the bank fishing vessels. or whale fisheries, whilst employed therein, more than once a year. § 3. That upon every ship or vessel, not of the United States, Tonnage on which, after the said first day of September next, shall be enter- foreign vessels ed in one district from another district, having on board goods, coasting trade, engaged in wares, and merchandise, taken in, in one district, to be delivered &c. in another district, there shall be paid at the rate of fifty cents per ton. And whereas, it is declared by the twenty-third section of the act, entitled "An act for registering and clearing vessels, regu- Vol. i. p. 33. lating the coasting trade, and for other purposes. "That if any vessel, of the burthen of twenty tons, or upwards, not having a certificate of registry or enrolment, and a license, shall be found trading between different districts, or be employed in the bank or whale fisheries, every such ship or vessel shall be subject to the same tonnage and fees as foreign ships or vessels," which, from the impracticability in some cases of obtaining licenses in due season, and from misapprehension in others, has operated to the prejudice of individuals; and it being proper that relief should be granted in cases where the strict operation of new laws may have occasioned hardship and inconvenience: § 4. That in all cases in which the said foreign duty shall have been heretofore paid, on ships or vessels of the United States, whether registered at the time of payment or afterwards, restitution thereof shall be made, and that no such foreign duty shall hereafter be demanded on the said ships or vessels. § 5. That the act, entitled "An act imposing duties on tonnage," shall, after the said first day of September next, be repealed, and shall thenceforth cease to operate, except as to the collection of the duties which shall have accrued prior to the said repeal, for which purpose the said act shall continue in force. [Approved, July 20, 1790.] exacted from Restitution of foreign duties unlicensed vessels, &c. and future exemption. Repeal of "an CHAP. 59. [32.] An act to amend the act for the establishment and support of Expired. lighthouses, beacons, buoys, and public piers. Vol. i. p. 32. § 1. Be it enacted, &c. That all expenses which shall accrue, Expense of from and after the fifteenth day of August next, for the neces &c. to be de 446. Lighthouses, sary support, maintenance, and repairs, of all lighthouses, beacons, buoys, and public piers, within the United States, shall frayed until 1st July, 1791. continue to be defrayed by the United States, until the first day Vol. i. p. 209, of July, one thousand seven hundred and ninety-one, not with232, 316, 391, standing such lighthouses, beacons, buoys, and public piers, with the lands and tenements thereunto belonging, and the ju risdictions of the same, shall not, in the mean time, be ceded to, or vested in, the United States, by the state or states, respectively, in which the same may be, and that the said time be further allowed to the states, respectively, to make such cessions. [Approved, July 22, 1790.] Expired. Vol. i. p. 305. Vol. ii. p. 838, 940. Vol. iii. p. 1607, 1644, granted by su &c. Bond and surety, on is suing license. CHAP. 60. [33.] An act to regulate trade and intercourse with the Indian tribes. § 1. Be it enacted, &c. That no person shall be permitted to carry on any trade or intercourse with the Indian tribes, without 1848. Vol. iv. a license for that purpose, under the hand and seal of the super2394. intendent of the department, or of such other person as the Licenses to be president of the United States shall appoint for that purpose; perintendent, which superintendent, or other person so appointed, shall, on application, issue such license to any proper person, who shall enter into bond, with one or more sureties, approved of by the superintendent, or person issuing such license, or by the president of the United States, in the penal sum of one thousand · dollars, payable to the president of the United States for the time being, for the use of the United States, conditioned for the true and faithful observance of such rules, regulations, and rePresident to strictions, as now are, or hereafter shall be, made for the governprescribe rules ment of trade and intercourse with the Indian tribes. The said of trade. superintendents, and persons by them licensed as aforesaid, shall be governed in all things, touching the said trade and intercourse, by such rules and regulations as the president shall prescribe. And no other person shall be permitted to carry on any trade or intercourse with the Indians, without such license Licenses lin- as aforesaid. No license shall be granted for a longer term than two years. Provided, nevertheless, That the president may make Proviso; as to such order respecting the tribes surrounded in their settlements trade without by the citizens of the United States, as to secure an intercourse license. without license, if he may deem it proper. ited to two years. Recall of li on breach. §2. That the superintendent, or person issuing such license, cense on trans- shall have full power and authority to recall all such licenses as gression. he may have issued, if the person so licensed shall transgress any of the regulations or restrictions provided for the governBonds in suit, ment of trade and intercourse with the Indian tribes, and shall put in sait such bonds as he may have taken, immediately on the breach of any condition in said bond: Provided always, That if it shall appear, on trial, that the person from whom such license shall have been recalled, has not offended against any of the provisions of this act, or the regulations prescribed for the trade and intercourse with the Indian tribes, he shall be entitled to receive a new license. New licenses in cases of acquittal. Unlicensed traders forfeit their goods, &c. § 3. That every person who shall attempt to trade with the Indian tribes, or be found in the Indian country with such mer |