office is estab

lished, how to

Commonwealth, in which no Naval Office is or may be be considered. established, shall be considered as belonging to the next or nearest port in which a Naval Office is or may be established; any usage or custom to the contrary notwithstanding.

Proviso.

Penalty for

abuse to naval officers, in the execution of their duty.

Commanders of vessels, before breaking bulk, to enter at the naval

office, an ac. count of his vessel, &c.

Provided nevertheless, That where any dispute or difficulty may arise on account of the distance of any port, harbour, haven, creek or inlet, from the Naval Office, adjoining to either side of the same, the Governor with advice of the Council, be, and hereby is empowered to assign and set off such port, harbour, haven, creek or inlet, to either of the Naval Offices next adjoining.

Be it further enacted by the authority aforesaid, That if any person shall obstruct or abuse any Naval Officer or deputy, in the execution of his duty, every person thus offending, for every such offence, shall forfeit and pay a sum not exceeding one hundred pounds, nor less than ten pounds, as the nature of the offence may be, one half thereof to such officer or deputy, and the residue to the use of the Commonwealth, to be recovered by such officer or deputy, or by the Attorney General, by action of debt in any Court proper to try the same.

Be it further enacted by the authority aforesaid, That from and after the first day of September, one thousand seven hundred and eighty-four, the master or commander of every ship and other vessel, which shall arrive in any port, harbour, or place within this Commonwealth, shall before breaking bulk, enter at the proper Naval Office of the port, harbour or place, an account of his ship or vessel, together with a manifest on oath of all the goods, wares and merchandize on board the same; and shall if the said ship or vessel is owned by any other than a citizen of this or any of the United States of America, enter into bond with one sufficient surety, being a citizen of this or one of the United States, in the sum of three hundred pounds; conditioned, that he will observe, keep and obey all ordinances, acts and resolves, either of the United States in Congress assembled, or of this Commonwealth, respecting trade and navigation. Master, &c. not And the master or commander of any ship or vessel, who shall presume or attempt to break bulk or unlade any part of the goods, wares or merchandize on board the said ship or vessel, before he has made due entry thereof as aforesaid, and obtained a permit therefor from the

to break bulk.

proper Naval Office, shall for every such offence, forfeit Forfeiture. and pay the sum of five hundred pounds, one fourth part thereof to the Naval Officer, who is hereby empowered to sue for and recover the same; and the remainder thereof

directed to

to the use of this Commonwealth. And any Naval Naval officer Officer or his deputy is hereby empowered and directed, seize. to take and seize such goods, wares, and merchandize, unladen before entry as aforesaid; which goods shall be forfeited, one fourth part thereof to the said officer, and the residue thereof to the use of this Commonwealth.

Be it further enacted by the authority aforesaid, That

if any goods, wares or merchandize, belonging to any Goods unladen owner or owners of any ship or vessel, shall be unladen to be seized." as aforesaid, not only such goods, wares and merchandize shall be seized and forfeited, but also the said ship or vessel, with her furniture, tackle and apparel, shall be seized and forfeited, one quarter part thereof to the Naval Officer, who is hereby empowered to sue for and recover the same, and the residue to the use of this Commonwealth.

part out of port

Be it further enacted by the authority aforesaid, That from and after the first day of September next, no ship or No vessel to deother vessel shall be permitted to sail or depart out of any ill cleared." port, harbour, or other place within this Commonwealth, and proceed to sea, without the master or commander having duly cleared out at the proper Naval Office, the said vessel with her cargo on board, manifest whereof shall be exhibited by the said master under oath, and left with the officer who may grant the clearance, a certificate of which clearance shall be delivered by the said officer to the said master or commander. And any master or commander of any ship or other vessel, who shall presume to depart with the said ship or vessel, from any port, harbour, or place where such ship or vessel may be, and hath been entered at the Naval Office, without having cleared out and obtained a certificate thereof as aforesaid, shall Penalty. upon conviction thereof, forfeit and pay the sum of two hundred pounds, to be recovered and applied in manner as aforesaid.

clearance but at

Be it further enacted by the authority aforesaid, That no entrance or clearance of any ship or other vessel shall No entrance or be made as aforesaid, in any other than the proper Naval the proper Office of the district where such ship or vessel shall be ; any thing in this act to the contrary notwithstanding.

naval office.

Naval officer

not to enter any

district, on

penalty.

Be it further enacted, That if any Naval Officer shall vessel out of his admit to entry, or grant a clearance for any ship or vessel, except such ship or vessel shall be at the same time within the limits of his district, he shall forfeit and pay for every such offence, the sum of one hundred pounds; one moiety thereof to any person who shall sue for the same, and the other moiety to the use of this Commonwealth.

Provided, that

masters of fish.

ing vessels, &c. ways, be obliged

employed coast

only to give bond every year.

Proviso.

Every vessel of 15 tons or upwards to be registered.

Provided always, and be it further enacted by the authority aforesaid, That no ship or other vessel belonging to any citizen in this Commonwealth, employed in the business of catching fish, or in carrying wood or lumber coastways, shall be subject to any of the aforesaid regulations, saving as is hereafter provided; but instead thereof, the owners or master of every such ship or vessel employed as aforesaid, and of all boats and lighters of the burthen of fifteen tons and upwards, employed in transporting goods, shall once every year, enter into good and sufficient bonds at the Naval Office of the port where such ship, vessel, boat or lighter belongs, to the Treasurer of this Commonwealth, in the penal sum of one hundred pounds, with condition to observe, keep and obey all ordinances, acts and resolves of the United States, in Congress assembled, and of this Commonwealth, respecting trade and navigation. And such owner or master shall take certificate thereof from the said Naval Officer; and such ship or vessel, boat or lighter, the owners or master of which shall not have entered into such bond, and taken such certificate thereof, shall be forfeited to the use of this Commonwealth; and such certificate shall be deemed a full sufferance and clearance for the same ship, vessel, boat or lighter, to pass and repass from any port, harbour or place within the Commonwealth, for the term of one year from the date of the bond therein referred to, and no longer. Provided, That the master of such ship, vessel, boat or lighter, shall report to the Naval Officer from time to time, his entering within his district

Be it further enacted, That every ship or other vessel of the burthen of fifteen tons or upwards, owned by the citizens of this Commonwealth, shall be duly registered; and that no ship or other vessel's name shall be changed after registering, without registering such ship or vessel anew, and delivering up the former register to be cancelled. And in case there be an alteration of property in part or in whole, by sale after registering, such sale shall

be acknowledged by indorsement on the register, before the Naval Officer of the port where such vessel may be, or made before one or more witnesses, and recorded within twenty days in the said Naval Office, upon penalty of forfeiting the sum of ten pounds, to be paid by the purchaser to the use of this Commonwealth. And whenever there may be a change of the master or commander of any ship or other vessel, the Naval Officer shall endorse the same on the back of the register.

forging any

And be it further enacted by the authority aforesaid, That if any person shall forge, erase or falsify any certifi- Penalty for cate, cocket or permit, for any vessel or goods, wares or certificate, &c. merchandize, or shall knowingly make use thereof, or knowingly exhibit any false manifest, such person shall forfeit and pay for every such offence, a sum not exceeding five hundred pounds, nor less than fifty pounds, one fourth part thereof to the Naval Officer in whose district the offence is committed, and who is hereby empowered to sue for and recover such forfeiture in any Court proper to try the same, and the remainder thereof to the use of this Commonwealth.

secure the du ties on the lad

coast.

And be it further enacted by the authority aforesaid, That from and after the first day of September next, if any Naval officers ship or vessel laden with, or having on board customable empowered to goods, shall be hovering on the coasts of this Common- ing of vessels wealth, within the limits of any port thereof, and not pro- hovering on the ceeding on her voyage, (wind and weather permitting) it shall be lawful for the Naval Officer of such port to go on board such ship or vessel, and take an account of the lading, and demand security of the master, by his own bond to the Treasurer of this Commonwealth, to the use thereof, with condition that such ship or vessel shall (as soon as wind and weather, and the state of such vessel doth permit) proceed regularly on her voyage. And that he will produce to the said Naval Officer within a reasonable time, to be expressed in the bond, a certificate from the proper officer of the port where such goods were landed, that they were legally entered. And if such

master or commander shall refuse to enter into such bond, or shall not proceed on such voyage (as soon as the wind and weather and the state of such vessel will permit) all the customable goods on board of such vessel may be taken out and secured by the Naval Officer, until the duties thereon are secured to government; and the charges

Naval officers

to render a tran

tries, &c. to the Secretary, once in six months.

arising by the removal and securing such goods, shall be paid by the master or commander of such ship or vessel.

Be it further enacted by the authority aforesaid, That the several Naval Officers within this Commonwealth, script of all en shall, once in every six months at least, estimating the same from the day of their being chosen, render to the Secretary of this Commonwealth, a fair transcript of all the entries and clearances made at their respective offices, which transcript shall contain an exact account of all the vessels of every denomination, their burthen, where owned, and the names and numbers of mariners by whom each shall be navigated. Also a particular account of all goods, wares and merchandize, that may have been entered and cleared within the said time at their several offices.

Penalty for neglect.

And to return

all vessels entered, &c. to the collectors

every week, on penalty.

Be it further enacted by the authority aforesaid, That if any Naval Officer shall neglect to make such returns to the said Secretary for two half years successively, he shall be rendered incapable of being again elected to that office, unless such officer shall give sufficient reason for his neglect.

And be it further enacted by the authority aforesaid, That the Naval Officer of each district, shall once every week make a return to the collector of excise, of the of excise, once county in which such district may be, of all vessels by him entered or cleared, with copies of the manifest of all goods, wares and merchandize, entered or cleared at his office, on penalty of three pounds for every such neglect, to be sued for and recovered in any Court proper to try the same, by the said collector, whose duty it shall be to prosecute; one moiety of the said fine to be to the use of the said collector, the other moiety to the use of this Commonwealth; which accounts so transmitted by the Naval Officer, shall be entered regularly by the collector, in a book to be kept for that purpose, mentioning the times when received; and once in every six months, the account of such several collectors of excise within this Commonwealth, shall transmit to the Secretary of this Commonwealth, a fair account taken from the said books of all entries and clearances so received.

Collectors to transmit a fair

entries, &c.

once in six months, to the Secretary.

Laws establishing naval offices repealed.

And be it further enacted, That from and after the first day of September, one thousand seven hundred and eightyfour, all laws heretofore in being for the establishment of