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Class 2.-Vessels of which the tonnage length, according to the above measurement, is above fifty feet, and not exceeding one hundred feet long, into eight equal parts. Class 3.-Vessels of which the tonnage length, according to the above measurement, is above one hundred feet long, and not exceeding one hundred and fifty feet long, into ten equal parts.
Class 4.-Vessels of which the tonnage length, according to the above measurement, is above one hundred and fifty feet, and not exceeding two hundred feet long, into twelve equal parts.
Class 5.-Vessels of which the tonnage length, according to the above measurement, is above two hundred feet, and not exceeding two hundred and fifty feet long, into fourteen equal parts.
Class 6.-Vessels of which the tonnage length, according to the above measurement,
is above two hundred and fifty feet long, into sixteen equal parts.
6 May 1864.
Then, the hold being sufficiently cleared to admit of the required depths and breadths Transverse area. being properly taken, find the transverse area of such vessel at each point of division of the length as follows:
Measure the depth at each point of division, from a point at a distance of one-third of the round of the beam below such deck, or, in case of a break, below a line stretched in continuation thereof to the upper side of the floor-timber, at the inside of the limberstrake, after deducting the average thickness of the ceiling, which is between the bilgeplanks and limber-strake; then, if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four equal parts; then measure the inside horizontal breadth at each of the three points of division, and also at the upper and upper points of the depth, extending each measurement to the average thickness of that part of the ceiling which is between the points of measurement; number these breadths from above (numbering the upper breadth one, and so on down to the lowest breadth); multiply the second and fourth by four, and the third by two; add these products together, and to the sum add the first breadth and the last or fifth; multiply the quantity thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area; but if the midship depth exceed sixteen feet, divide each depth into six equal parts instead of four, and measure, as before directed, the horizontal breadths at the five points of division, and also at the upper and lower points of the depth; number them from above as before; multiply the second, fourth and sixth by four, and the third and fifth by two; add these products together, and to the sum add the first breadth and the last or seventh; multiply the quantities thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area.
Having thus ascertained the transverse area at each point of division of the length Register tonof the vessel, as required above, proceed to ascertain the register tonnage of the vessel nago. in the following manner:
Number the areas successively one, two, three, &c., number one being at the extreme limit of the length at the bow, and the last number at the extreme limit of the length at the stern; then, whether the length be divided according to table into six or sixteen parts, as in classes one and six, or any intermediate number, as in classes two, three, four and five, multiply the second and every even numbered area by four, add the third and every odd-numbered area (except the first and last) by two; add these products together, and to the sum add the first and last, if they yield anything; multiply the quantities thus obtained by one-third of the common interval between the areas, and the product will be the cubical contents of the space under the tonnage-deck; divide this product by one hundred, and the quotient, being the tonnage under the tonnagedeck, shall be deemed to be the register tonnage of the vessel, subject to the additions hereinafter mentioned.
If there be a break, a poop, or any other permanent closed-in space on the upper decks, Break of poop. or the spar-deck, available for cargo or stores, or for the berthing or accommodation of passengers or crew, the tonnage of such space shall be ascertained as follows:
Measure the internal mean length of such space in feet, and divide it into an even number of equal parts, of which the distance asunder shall be most nearly equal to those into which the length of the tonnage-deck has been divided; measure at the middle of its height the inside breadths, namely, one at each end and at each of the points of division, numbering them successively one, two, three, &c.; then to the sum of the end breadths add four times the sum of the even-numbered breadths, and twice the sum of the odd-numbered breadths, except the first and last, and multiply the whole sum by one-third of the common interval between the breadths; the product will give the mean horizontal area of such space; then measure the mean height between the planks of the decks, and multiply by it the mean horizontal area; divide the product by one hun
6 May 1864.
Form of register.
dred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnage-decks, ascertained as aforesaid.
If a vessel has a third deck or spar-deck, the tonnage of the space between it and the tonnage-deck shall be ascertained as follows:
Measure in feet the inside length of the space, at the middle of its height, from the plank at the side of the stem to the plank on the timbers at the stern, and divide the length into the same number of equal parts into which the length of the tonnage-deck is divided; measure (also at the middle of its height) the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth at the stern; number them successively one, two, three, and so forth, commencing at the stem; multiply the second and all other even-numbered breadths by four, and the third and all the other odd numbered breadths (except the first and last) by two; to the sum of these products add the first and last breadths, multiply the whole sum by one-third of the common interval between the breadths, and the result will give, in superficial feet, the mean horizontal area of such space; measure the mean height between the plank of the two decks, and multiply by it the mean horizontal area, and the product will be the cubical contents of the space; divide this product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the other tonnage of the vessel, ascertained as aforesaid. And if the vessel has more than three decks, the tonnage of each space between decks, above the tonnage-deck, shall be severally ascertained in the manner above described, and shall be added to the tonnage of the vessel, ascertained as aforesaid.
In ascertaining the tonnage of open vessels the upper edge of the upper strake is to form the boundary line of measurement, and the depth shall be taken from athwartship line, extending from upper edge of said strake at each division of the length.
The register of the vessel shall express the number of decks, the tonnage under the tonnage-deck, that of the between-decks, above the tonnage-deck; also that of the poop or other enclosed spaces above the deck, each separately. In every registered marked on main United States ship or vessel, the number denoting the total registered tonnage shall be
Tonnage to be
Ibid. 24. Charges for measurement.
Ibid. 25. Certain vessels excepted.
26 Feb. 1865 1. 13 Stat. 444.
deck not to be computed.
10 Feb. 1866 21. 14 Stat. 3.
Sailing under a foreign flag, dur
deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if it, at any time, cease to be so continued, such vessel shall no longer be recognised as a registered United States vessel.
7. The charge for the measurement of tonnage and certifying the same shall not exceed the sum of one dollar and fifty cents for each transverse section under the tonnage-deck; and the sum of three dollars for measuring each between-decks above the tonnage-deck; and the sum of one dollar and fifty cents for each poop or closed-in space available for cargo or stores, or for the berthing or accommodation of passengers, or officers and crew above the upper or spar-deck.
8. The provisions of this act shall not be deemed to apply to any vessel not required by law to be registered, or enrolled or licensed; and all acts and parts of acts inconsist ent with the provisions of this are hereby repealed.
9. The act entitled "An act to regulate the admeasurement of tonnage of ships and vessels of the United States," approved May 6th 1864, shall be so construed that no part of any ship or vessel shall be admeasured or registered for tonnage that is used for cabins or state-rooms, and constructed entirely above the first deck, which is not a deck to the hull.
10. No ship or vessel, which has been recorded or registered as an American vessel, pursuant to law, and which shall have been licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government, during the ing the rebellion, existence of the rebellion, shall be deemed or registered as an American vessel, or shall to forfeit Ameri- have the rights and privileges of American vessels, except under the provisions of an act of congress authorizing such registry.
23 July 1866 1. 14 Stat. 212.
Not to affect or limit the act of 1852.
18 July 1866 24. 14 Stat. 184.
11. The act approved on the tenth day of February, in the year 1866, (a) entitled "An act to regulate the registering of vessels," shall not be deemed or construed to affect or limit the operation of the act approved on the 23d day of December, in the year 1852, (b) entitled "An act authorizing the secretary of the treasury to issue registers to vessels in certain cases," but the same shall be in full force and effect, anything in the act first aforesaid to the contrary notwithstanding.
12. If any certificate of registry, enrolment or license, or other record or document granted in lieu thereof, to any vessel shall be knowingly and fraudulently obtained or Fraudulent regis used for any vessel not entitled to the benefit thereof, such vessel, with her tackle. apparel and furniture, shall be liable to forfeiture.
try, &c., to work a forfeiture.
(a) Supra 10.
(b) 1 vol. 833, pl. 42. This act is to be taken as part of our
system of registration and enrolment. The Mohawk, 3 Wall 566. 9 Opin. 423.
SHIPS AND SHIPPING.-SLAVE TRADE.
14 Stat. 331.
13. The secretary of the treasury shall have power, under such regulations as he 28 July 1866 ? 13. shall prescribe, to establish and provide a system of numbering vessels so registered, enrolled and licensed; and each vessel so numbered shall have her number deeply Vessels to be carved or otherwise permanently marked on her main beam; and if at any time she shall cease to be so marked, such vessel shall be no longer recognised as a vessel of the carry number to United States.
II. RECORDING OF CONVEYANCES, ETC.
numbered. Omission to
forfeit American character.
13 Stat. 519.
14. No bill of sale, mortgage, hypothecation, conveyance or discharge of mortgage 3 March 1865 1. or other encumbrance of any vessel shall be recorded, unless the same is duly acknowledged before a notary public or other officer authorized to take acknowledgments of Conveyances not deeds.(a)
III. MISCELLANEOUS PROVISIONS.
to be recorded, unless acknowledged.
29 April 1864 2 1.
13 Stat. 61.
pital dues on sale
in foreign port.
15. In case of the sale or transfer of any vessel of the United States, in a foreign port or water, the consul, vice-consul, commercial agent, or vice-commercial agent of the United States, within whose consulate or district such sale or transfer shall have been Collection of hosmade, or in whose hands the papers of such vessel shall be, be and he is hereby authorized and required to collect of the master or agent of such vessel, all moneys that shall have become due to the United States, under and by virtue of the act entitled “An act for the relief of sick and disabled seamen," approved July 16th 1798, and shall remain unpaid at the time of such sale or transfer; and that the said consul, vice-consul, commercial agent or vice-commercial agent (as the case may be), be and he is hereby instructed and required to retain possession of the papers of such vessel, until such money shall have been paid as herein provided; and in default of which such sale or transfer shall be void, excepting as against the vendor: Provided, That this act shall not take effect until the expiration of sixty days from and after its passage.
July 1864 ? 10.
13 Stat. 392.
Vessels to receive
bullion, &c., on
16. All steamers and other vessels belonging to a citizen or to citizens of the United 4 States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the United States, shall, before clearance, receive on board all such bullion, coin, United States notes and bonds and board. other securities as the government of the United States or any department thereof, or any minister, consul, vice-consul or commercial or other agent of the United States abroad shall offer; and shall securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of destination, and shall receive Compensation. for such service such reasonable compensation as may be allowed to other carriers in the ordinary transaction of business.
1. Contracts to be made for reception of captured negroes.
2. Instructions to be issued to commanders of armed vessels.
3. Appointment of judges and arbitrators under the treaty with Great Britain.
4. Their salaries.
5. Registrar for New York. Duties of marshal.
6. President may enter into contracts for the reception of captured slaves.
7. Duties of commanders of public vessels.
8. Coastwise trade abolished.
12 Stat. 40.
made for recep
1. It shall and may be lawful for the president of the United States to enter into con 16 June 1860 2 1. tract with any person or persons, society or societies, or body corporate, for a term not exceeding five years, to receive from the United States, through their duly constituted Contracts to be agent or agents upon the coast of Africa, all negroes, mulattoes or persons of color, tion of captured delivered from on board vessels seized in the prosecution of the slave trade, by com- negroes. manders of the United States armed vessels; and to provide the said negroes, mulattoes and persons of color with comfortable clothing, shelter and provisions, for a period not exceeding one year from the date of their being landed on the coast of Africa, at a price in no case to exceed one hundred dollars for each person so clothed, sheltered and provided with food: Provided, That any contract so made as aforesaid may be renewed by the president, from time to time, as found necessary, for periods not to exceed five years on each renewal.
2. That the president of the United States be and he is hereby authorized, to issue instructions to the commanders of the armed vessels of the United States, directing them, whenever it shall be practicable, and under such rules and regulations as he may (a) The act of 29 July 1850 (1 vol. 833, pl. 44), requiring the recording of bills of sale, &c., of vessels. only applies to vessels which have been enrolled, registered or licensed under the laws of the United States. Veazie v. Somerby, 5 Allen 280. A mort gage or conveyance of a vessel must be recorded in the district of the last registry and enrolment, though not her home port; a mortgage not so recorded, conveys no title as against an attaching creditor, though the attachment be not made until after the VOL. II.-35
Ibid. & 2.
mortgagee has taken possession for breach of the condition of his mortgage. Potter v. Irish, 10 Gray 416. It is sufficient, however, that the mortgage of a vessel be recorded at the customhouse of her home port, where she is permanently registered or enrolled, although sailing under temporary documents issued by the collector of another district. The Martha Washington, 25 Law Rep. 22.
16 June 1860.
be issued to com
man-ers of armed vessels.
11 July 1862 21.
12 stat 531.
judges and arbitrators under treaty with
Ibid. 22. Their salaries.
Ibid. 23. Registrar for New York. Duties of marchal.
17 July 1862 21.
12 Stat. 592.
President may enter into con
tracts for the
prescribe, to proceed directly to the coast of Africa, and there deliver to the agent or agents of the United States all negroes, mulattoes and persons of color delivered from on board vessels seized in the prosecution of the slave trade, afterwards bringing the captured vessels and persons engaged in prosecuting the slave trade to the United States for trial and adjudication.
3. That, to carry into effect the provisions of the treaty between the United States and her Britannic majesty for the suppression of the African slave trade, the president be and he is hereby authorized to nominate, and by and with the advice and consent of the senate to appoint, a judge and also an arbitrator on the part of the United States to reside at New York; a judge and also an arbitrator to reside at Sierra Leone; and a judge and also an arbitrator to reside at the Cape of Good Hope.
4. The said judge at New York shall be paid at the rate of two thousand five hundred dollars, and the said arbitrator there at the rate of one thousand dollars a year; and the said judges at Sierra Leone and the Cape of Good Hope shall be paid at the rate of two thousand five hundred dollars a year respectively, and the said arbitrators at these two places at the rate of two thousand dollars a year respectively; the said salaries to begin with the acceptance of their commissions by the said judges and arbitrators respectively.
5. The judge of the court at New York, whose appointment is authorized by this act, shall have power to appoint a clerk or registrar to the said court, who shall receive such fees for his services as are allowed by law to the clerk of the court of the United States for the southern district of New York for similar services. And it shall be the duty of the marshal of the southern district of New York, and he is hereby authorized to serve all processes and execute all orders and decrees of the said court, for which he shall be allowed fees in the discretion of the judge of the said court.
6. It shall and may be lawful for the president of the United States to enter into arrangement, by contract or otherwise, with one or more foreign governments having possessions in the West Indies or other tropical regions, or with their duly constituted agent or agents, to receive from the United States, for a term not exceeding five years, reception of cap- at such place or places as shall be agreed upon, all negroes, mulattoes or persons of color, delivered from on board vessels seized in the prosecution of the slave trade, by commanders of United States armed vessels, and to provide them with suitable instruction, and with comfortable clothing and shelter, and to employ them at wages, under such regulations as shall be agreed upon, for a period not exceeding five years from the date of their being landed at the place or places agreed upon : Provided, That the United States incur no expenses on account of said negroes, mulattoes or persons of color, after having landed them at the place or places agreed upon: And provided further, That any arrangement so made as aforesaid may be renewed by the president of the United States, from time to time, as may be found necessary or desirable, for periods not exceeding five years on each renewal.
Duties of coinmanders of public vessels.
2 July 186429. 13 Stat. 353.
7. That the president of the United States be and he is hereby authorized to issue instructions to the commanders of the armed vessels of the United States, directing them, whenever it shall be practicable, and under such rules and regulations as he shall prescribe, to proceed directly to such place or places as shall have been agreed upon with any foreign government, or its duly constituted agent or agents, under the provisions of the first section of this act, and there deliver to the duly constituted authorities, or agents of such foreign governments, all negroes, mulattoes or persons of color, delivered from on board vessels seized in the prosecution of the slave trade, afterwards taking the vessel and persons engaged in prosecuting the slave trade to the proper place for trial and adjudication.
8. Sections eight and nine of an act entitled "An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after Coastwise trade the first day of January, in the year of our Lord 1808,"(a) which said sections undertake to regulate the coastwise slave trade, are hereby repealed; and the coastwise slave trade is prohibited for ever.
(a) 1 vol. 838, pl 13-14.
11 Stat. 260.
1. The term of the circuit court of the United States for South Carolina, at its sitting 10 Feb. 1858 ? 2. in Charleston, shall be held on the first Monday in April, in each and every year, instead of at the time heretofore appointed.
II. DISTRICT COURTS.
11 Stat. 260.
2. The terms of the district court of the United States for South Carolina, at its 10 Feb. 1858 1. sitting in Charleston, shall be held on the first Monday in January, May, July and October, in each and every year, instead of at the times heretofore appointed.
III. COLLECTION DISTRICTS.
Terms in the eastern district.
12 Stat. 385.
3. A port of entry and delivery shall be and is hereby established in the collection 13 May 18 2 2 1. district of Beaufort, in the state of South Carolina, at or near Hilton Head, to be called the port of Port Royal, (a) which shall be subject to the same regulations and restric- Port Royal to be a port of entry. tions as other ports of entry and delivery in the United States; and there shall be appointed a collector of the customs, to reside at said port, who shall receive a salary of fifteen hundred dollars per annum. And the secretary of the treasury shall have officers of the power to appoint, on the nomination of the collector, such inspectors, weighers, gaugers, measurers and other officers as may be necessary for the collection of the revenue at said port, whose compensation shall not exceed the rates allowed to similar officers at other ports of entry and delivery in the United States.
4. That Beaufort, in South Carolina, be created a port of entry in lieu of Port Royal, 27 July 1568 ? 1. which is hereby abolished as a port of entry.
15 Stat. 227.
1. Second assistant secretary to be appointed. Salary.
14 Stat. 226.
1. That the president be and he is hereby authorized to appoint, by and with the 25 June 1866 2. advice and consent of the senate, a second assistant secretary of state in the department of state, [and also an examiner of claims for the same department, whose salary Second assistant shall be three thousand dollars per annum ;] (b) and the salary of the second assistant appointed. secretary of state shall be thirty-five hundred dollars per annum.
secretary to be
6 May 1864 21. 13 Etat. 63.
1. Every steamboat of the United States shall, in addition to having her name painted on her stern, as now required by law, also have the same conspicuously placed (a) Sve infra 4. (b) Office of examiner of claims abolished, by act 20 July 1868. 15 Stat. 96.