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during the continuance of this act, depart from any port of the United
States, without a clearance or permit, or if any ship or vessel shall, con-
trary to the provisions of this act, proceed to a foreign port or place, or
trade with or put on board of any other ship or vessel any article or articles
prohibited by this act, such ship or vessels, goods, wares, merchandise,
produce, provisions, naval or military stores shall be wholly forfeited; and
if the same shall not be seized, the owner or owners, agent, freighter or
factors of any such ship or vessel shall, for every such offence, forfeit and
pay a sum equal to double the value of the ship or vessel and cargo, and
shall never thereafter be allowed a credit for duties on any goods, wares,
and merchandise imported by him or them into any of the ports of the
United States; and the master or commander of such ship or vessel, as
well as all other persons who shall knowingly be concerned in any such
violations of this act, shall each respectively forfeit and pay a sum not
exceeding twenty thousand dollars for every such offence, whether the
vessel be seized and condemned or not; and shall be imprisoned for a
term not less than six calendar months, nor exceeding one year; and
the oath or affirmation of any master or commander knowingly offend-
ing against the provisions of this section, shall ever thereafter be inad-
missible before any collector of the customs of the United States.
SEC. 9. And be it further enacted, That if any foreign ship or ves-
sel shall, during the continuance of this act, take on board any specie,
goods, wares, merchandise, produce, provisions, naval or military stores,
other than the provisions and sea stores necessary for the voyage, such
ship or vessel, and the specie and cargo on board shall be wholly for-
feited, and may be seized and condemned in any court of the United
States having competent jurisdiction; and every person concerned in
such unlawful shipment, shall forfeit and pay a sum not exceeding twenty
thousand dollars for every such offence.

SEC. 10. And be it further enacted, That the collectors of all the districts of the United States and the territories thereof, shall, and they are hereby authorized to take into their custody, any specie, goods, wares, merchandise, produce, provisions, naval or military stores, or live stock, found on board of any ship or vessel, boat or other water craft, when there is reason to believe that they are intended for exportation, or when in vessels, carts, wagons, sleighs, or any other carriage, or in any manner apparently on their way towards the territories of a foreign nation, or the vicinity thereof, or towards a place whence such articles are intended to be exported, or placed in the possession of the enemies of the United States; and not to permit such articles to be removed until bond, with sufficient sureties, shall have been given for the landing or delivery of the same in some place of the United States, whence, in the opinion of the collector, there shall not be any danger of such articles being exported or placed in the possession of the enemies of the United States.

SEC. 11. And be it further enacted, That the powers given to the collectors by this act, to refuse permission to put any cargo on board any vessel, boat, or other water craft, to detain any vessel, or to take into their custody any articles for the purpose of preventing violations of the embargo, shall be exercised in conformity with such instructions as the President may give, and such rules as he may prescribe for that purpose, made in pursuance of the powers aforesaid; which instructions and rules the collectors shall be bound to obey. And if any action or suit be brought against any collector or other person acting under the directions of, and in pursuance of this act, he may plead the general issue, and give this act and the instructions and regulations of the President in evidence for his justification and defence. And any person aggrieved by the acts of any collector, in either of the cases aforesaid, may file his petition before the district court of the district wherein the collector

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pleaded, and
the President's
instructions,
and this act be
given in
dence.

evi

President empowered to employ such part of the naval or land forces of

the United States to carry

this act into ef fect, as he may

judge necessary.

The vessels of the United States may seize on vessels violating act.

Penalties and forfeitures how to be prosecuted and distri

buted.

Act of April 23, 1800, ch. 33.

Act of June 26, 1812, ch.

107.

Act of March 2, 1799, ch. 22.

resides, stating the facts of his case, and thereupon, after due notice given to the district attorney and the collector, the said court may summarily hear and adjudge thereupon, as law and justice may require; and the judgment of said court, and the reason and facts whereon it is grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permission to load as aforesaid shall be decreed, it shall be upon the party's giving such bond with sureties, as is or shall be required to be taken in similar cases by the collector, and not otherwise; but if the said court shall adjudge against such petition, the collector shall be entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the court. SEC. 12. And be it further enacted, That it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces or militia of the United States, or of the territories thereof, as may be judged necessary, in conformity with the provisions of this act, for the purpose of preventing the illegal departure of any ship or vessel, or of detaining, taking possession of, and keeping in custody, any ship or vessel, or of taking into custody and guarding any specie, goods, wares, merchandise, produce, provisions, naval or military stores, or live stock, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons resisting the custom house officers in the exercise of their duties, or in any manner opposing the execution of this act, or otherwise violating or assisting and abetting violations of the same.

SEC. 13. And be it further enacted, That it shall be lawful for the public and private armed vessels of the United States to capture and seize on the high seas or elsewhere any ship or vessel which shall have violated any of the provisions of this act, and to send the same into any port of the United States for adjudication.

SEC. 14. And be it further enacted, That all penalties and forfeitures incurred by force of this act, may be prosecuted, sued for, and recovered by action of debt or by indictment or information, as the case may require, and if recovered in consequence of any seizure made by the commander of any public armed vessel of the United States, shall be distributed according to the rules prescribed by the act, entitled “An act for the government of the navy of the United States," and if in consequence of any seizure made by any private armed vessel of the United States, shall be distributed according to the rules prescribed by the act, entitled "An act concerning letters of marque, prizes, and prize goods," and the act in addition thereto; and if otherwise, shall be distributed and accounted for, in the manner prescribed by the act, entitled “An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety-nine, and may be mitigated or remitted in the manner prescribed by the act, entiAct of March tled "An act to provide for mitigating or remitting forfeitures, penalties, 3, 1797, ch. 13. and disabilities, accruing in certain cases therein mentioned," passed the third day of March, one thousand seven hundred ninety-seven, and made perpetual by an act passed the eleventh day of February, one thousand eight hundred; and any officer or other person, entitled to a part or share of any of the fines, penalties, or forfeitures aforesaid, may, if necessary, a witness on the trial therefor, but in such case he shall not receive any part or share of the said fine, penalty, or forfeiture, but the part or share to which he would otherwise be entitled shall belong to the United States.

Act of Feb. 11, 1800, ch. 6.

The time during which this act is to be in operation not to be computed with respect to drawbacks.

be

SEC. 15. And be it further enacted, That the time during which this act shall continue in force, shall not be computed as making part of the term of twelve calendar months, during which goods, wares, or merchandise imported into the United States must be exported in order to be entitled to a drawback of the duties paid on the importation thereof.

SEC. 16. And be it further enacted, That nothing in this act contained, shall prevent the sailing of any private armed vessel duly commissioned by any foreign power in amity with the United States, nor of any vessel of the United States duly commissioned by virtue of an act, entitled "An act concerning letters of marque, prizes, and prize goods," passed on the twenty-sixth day of June, one thousand eight hundred and twelve: Provided always nevertheless, That it shall be lawful for, and the duty of all officers of the customs and revenue officers of the United States, and they are hereby enjoined, to examine, search, and effectually ascertain, the amount and kind of articles all such vessels about sailing may have on board, so as to prevent their taking any cargo or other lading than the stores, provisions, armament, furniture, and equipment, generally proper and necessary for such vessels.

SEC. 17. And be it further enacted, That whenever it shall appear, on report made to any collector of the customs, by any officer of the customs, revenue officer, or other person, that any private armed vessel has on board any article or articles whatever, goods, wares, merchandise, or cargo of any description, intended for trade or traffic with the enemies of the United States, either directly or intermediately through any neutral or other person or persons, or for exportation, it shall be the duty of the said collector, and he is hereby authorized, to seize all such articles, goods, wares, merchandise, and cargo of every description, and to have the same landed forthwith, to be proceeded against as forfeited to the United States.

SEC. 18. And be it further enacted, That in all such cases it shall be the duty of the district attorney of the United States, for the district within which the said proceedings shall take place, to proceed in due form of law for the condemnation and forfeiture of the said articles to the use of the United States.

SEC. 19. And be it further enacted, That in all cases of condemnation as aforesaid, the captain or other commanding officer, and each and every of the owners of such private armed vessels, shall be fined in a sum not exceeding one thousand dollars each.

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Made the du

ty of the local

district attorney to institute legal proceedings accordingly.

Additional fines upon the captains or commanders of such private armed vessels. Continuance

SEC. 20. And be it further enacted, That this act shall be in force from and after the passing thereof, until the first day of January, in the year of this act. of our Lord one thousand eight hundred and fifteen, unless a cessation of hostilities between the United States and Great Britain and Ireland and their dependencies, shall take place before that day; in which event, or in any other event that shall, in the opinion of the President, render the termination of the embargo hereby imposed compatible with the public interest, the President of the United States is hereby authorized to declare by proclamation, that this act is to cease and have no effect. APPROVED, December 17, 1813.

CHAP. II.-An act making certain partial appropriations for the year one thousand eight hundred and fourteen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a sum of one million five hundred thousand dollars be, and the same is hereby appropriated towards defraying the expenses of the military establishment of the United States during the year one thousand eight hundred and fourteen.

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Compensa

tion to the Senate and House

SEC. 2. And be it further enacted, That the following sums be appropriated for the purposes herein recited, that is to say: Towards defraying the compensation granted by law to the members of the Senate and of RepresentaHouse of Representatives, their officers and attendants, during the tives. year one thousand eight hundred and fourteen, the sum of fifty thousand dollars:

Contingent expenses of the Senate and the House of Representatives.

Navy.

Towards defraying the contingent expenses of the House of Repre sentatives, during the year one thousand eight hundred and fourteen, ten thousand dollars:

Towards defraying the contingent expenses of the Senate, during the year one thousand eight hundred and fourteen, three thousand dollars: Towards defraying the expenses of the navy of the United States, for the year one thousand eight hundred and fourteen, the sum of one million of dollars.

SEC. 3. And be it further enacted, That the several appropriations herein before made, shall be paid and discharged out of any moneys in the treasury not otherwise appropriated.

APPROVED, January 11, 1814.

STATUTE II.

Jan. 17, 1814. 1813, ch. 37. Where the legislature of a state shall not meet before

January 1,1814, such state to be

allowed until February to

make payment of the quota of

the state of the

direct tax.

STATUTE II.

Jan. 25, 1814.

[Obsolete.]

Permission

given to the in-
habitants of
Nantucket
island to hold
an intercourse
with the main
on certain con-
ditions.

Act of December 17, 1813, ch. 1.

CHAP. IV.-An Act to amend the seventh section of the act, entitled "An act to lay and collect a direct tux within the United States."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in every case where the legislature of a state shall not convene prior to the first day of January, one thousand eight hundred and fourteen, no notice of the assumption of the quota of such state of the direct tax shall be deemed necessary; and such state shall be allowed until the twentieth of February next for making payment, and shall receive thereon the same deduction as if such payment had been made on the tenth day of February. APPROVED, January 17, 1814.

CHAP. V.-An act authorizing the President of the United States to grant cer tain permissions to the inhabitants of the island of Nantucket.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That during the continuance of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, it shall be lawful for the President of the United States, and he is hereby authorized and empowered, when in his opinion the public interest shall not forbid it, to grant permission, on application made therefor, to any inhabitant or inhabitants of the island of Nantucket, to employ any ship, vessel, or boat, for the purpose of conveying from the main land to said island, fuel, provisions and other necessaries for the subsistence of the inhabitants thereof, and of carrying from Nantucket to the main land, in the ship, vessel, or boat, oil, spermaceti candles and fish, under such regulations and restrictions, and with such security as are required by the fourth section of the act "laying an embargo on all ships and vessels in the ports and harbours of the United States."

APPROVED, January 25, 1814.

STATUTE II.

Jan. 27, 1814.

[Obsolete.]

CHAP. VII.-An act making further provision for filling the ranks of the regular army, encouraging enlistments, and authorizing the re-enlistments, for longer periods, of men whose terms of service are about to expire.

Be it enacted by the Senate and House of Representatives of the Act of March United States of America in Congress assembled, That in order to com3, 1815, ch. 79. plete the present military establishment to the full number authorized by law with the greatest possible despatch, there shall be paid to each effective able-bodied man who shall after the first day of February next be

Representatives of persons killed or dying in the service of the United States, how provided for.

enlisted into the army of the United States, to serve for the term of five Sum to be years, or during the war, at his election, in lieu of the bounty in money paid to recruits, and of the three months' pay at the expiration of the service now allowed be $124. by law, the sum of one hundred and twenty-four dollars; fifty dollars of When paid which to be paid at the time the recruit is enlisted, fifty dollars when he shall be mustered and have joined some military corps for service, and twenty-four dollars when he shall be discharged from service; and the wife and children, and, if he leave no wife or children, the parents of such non-commissioned officer and soldier enlisted as herein before stated, who may be killed in action, or die in the service of the United States, shall be allowed and paid the said sum of twenty-four dollars; and after the said first day of February next, so much of the fourth section of the act, entitled "An act for the more perfect organization of the army of the United States," passed the twentieth day of January, one thousand eight hundred and thirteen, as allows to each able-bodied man enlisted into the service of the United States, in the manner therein stated, an advance of twenty-four dollars on account of his pay, shall be, and the same is hereby repealed.

SEC. 2. And be it further enacted, That the sum of eight dollars shall be paid to any non-commissioned officer, soldier, or citizen, who shall, after the first day of February next, furnish and procure to be enlisted, according to law, an able-bodied man, to serve for the term of five years, or during the war.

Act of Janua

ry 20, 1813, ch.

12.

Non-commissioned officers, soldiers and

citizens to be entitled to eight dollars for every recruit procur

Soldiers enlisted into the regular army of the United

States, may reenlist for five years, or during the war.

SEC. 3. And be it further enacted, That every non-commissioned officer, ed, &c. musician, and private, who has been recruited in the regular army of the United States, under the authority of the act of the eighth of April, one thousand eight hundred and twelve, entitled "An act in addition to the act, entitled 'An act to raise an additional military force,' passed January eleventh, one thousand eight hundred and twelve," may be re-enlisted for the term of five years, or during the war; and that every non-commissioned officer, musician, and private, recruited under authority of the act of the twenty-ninth of January, one thousand eight hundred and thirteen, entitled "An act, in addition to the act, entitled 'An act to raise an additional military force, and for other purposes," may be re-enlisted for five years, or during the war.

SEC. 4. And be it further enacted, That the non-commissioned officers, musicians, and privates, re-enlisted under the authority of the preceding section, shall be entitled to the bounty allowed by this act to recruits for five years or for the war. APPROVED, January 27, 1814.

Act of April 8, 1812, ch. 53. 29, 1813, ch. 16.

Act of Jan.

Such recruits entitled to the bounty allowed by this act.

CHAP. VIII.-An Act for the appointment of an additional judge for the Missouri territory, and for other purposes.

STATUTE II.

Jan. 27, 1814. [Obsolete.] Additional

judge for the

Missouri terri-
tory to be ap-
pointed to
side at or near

Arkansaw.

rc

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed an additional judge for the Missouri territory, who shall hold his office for the term of four years, unless sooner removed, shall reside at or near the village of Arkansaw, and who shall possess and exercise within the limits of the late district of Arkansaw, as fixed and established while the same was a part of the territory of Louisiana, or as the limits shall be established by the general assembly of the Missouri territory, the jurisdiction now possessed and exercised in said district, by the court of common pleas, as well as that possessed and exercised by the superior court within the said district, and to the exclusion of the original jurisdiction of the said court of common pleas and superior court within the same: Provided always, That the said superior court, or any judge thereof, in pursuance of the laws now in force in said territory, or of to the court es

Writs of error

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