Public Law 12–XLIX

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Embargo laid for ninety days.

That an embargo be, and hereby is laid for the term of ninety days from and after the passing of this act, on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels in ballast, with the consent of the President of the United States: and that the President be authorized to give such instructions to the officers of the revenue, and of the navy and revenue cutters of the United States, as shall appear

Proviso.

best adapted for carrying the same into full effect: Provided, that nothing herein contained shall be construed to prevent the departure of any foreign ship or vessel, either in ballast or with the goods, wares and merchandise on board of such foreign ship or vessel when notified of this act.

Sec. 2.

And be it further enacted, That during the continuance of this act, no registered or sea letter vessel shall be allowed to depart from any one port of the United States to any other within the same, unless the master, owner, consignee or factor of such vessel, shall first give bond, with one or more sureties, to the collector of the district from which she is bound to depart, in a sum of double the value of the vessel and cargo, conditioned that the goods, wares or merchandise, with which she shall be laden, shall be relanded in some port of the United States.

Sec. 3.

And be it further enacted, That if any ship or vessel shall, 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, contrary 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 goods, wares or merchandise, of foreign or domestic growth or manufacture, such ships or vessels, goods, wares and merchandise 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, TWELFTH CONGRESS. Sess. I. Ch. 50. 1812.and shall never thereafter be allowed a credit for duties on any goods, wares or 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 such prohibited foreign voyage, shall each respectively forfeit and pay a sum not exceeding twenty thousand, nor less than one thousand dollars for every such offence, whether the vessel be seized and condemned or not; and the oath or affirmation of any master or commander, knowingly offending against the provisions of this section, shall ever thereafter be inadmissible before any collector of the customs of the United States.

Sec. 4.

And be it further enacted, That all penalties and forfeitures

Penalties, how to be recovered, distributed, &c.

arising under, or incurred by virtue of, this act, may be sued for, prosecuted and recovered, with costs of suit, by action of debt, in the name of the United States of America, or by indictment or information, in any court having competent jurisdiction to try the same; and shall be distributed and accounted for in the manner prescribed by the act, entituled “An act to regulate the collection of duties on imports and tonnage,”

1799, ch. 22.

passed the second day of March, one thousand seven hundred and ninety-nine; and such penalties may be examined, mitigated or remitted, in like manner, and under like conditions, regulations and restrictions, as are prescribed, authorized arid directed by the act, entituled “An act to provide

1797, ch. 13.

for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned,” passed the third day of

1800, ch. 6.

March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh day of February, one thousand eight hundred: Prodded, that all penalties and forfeitures which shall

Proviso.

have been incurred by virtue of this act, previous to the expiration thereof, may and shall thereafter be recovered and distributed in like manner, as if this act had continued in full force and virtue.