petition, and direct their transmission to the secretary of the treasury of the United 8 March 1797. States, who shall thereupon have power to mitigate or remit such fine, forfeiture or Facts to be trans penalty, (a) or remove such disability or any part thereof, (b) if, in his opinion, the same mitted to secreshall have been incurred without wilful negligence, or any intention of fraud in the treasury. person or persons incurring the same; (c) and to direct the prosecution, (d) if any shall who may remit have been instituted for the recovery thereof, to cease and be discontinued upon such terms or conditions as he may deem reasonable and just. tary of the the same. Ibid. § 2. 2. The judicial courts of the several states, to whom, by any of the said acts, a jurisdiction is given, shall and may exercise all and every power in the cases cognisable be- State courts to fore them, for the purpose of obtaining a mitigation or remission of any fine, penalty or have the same forfeiture, which may be exercised by the judges of the district courts, in cases depend-jurisdiction. ing before them. affected by re 3. Nothing herein contained, shall be construed to affect the right or claim of any Ibid. 23. person to that part of any fine, penalty or forfeiture incurred by the breach of any of Right of prosecu the laws aforesaid, which such person shall or may be entitled to, by virtue of the said tor not to be laws in cases where a prosecution has been commenced, or information has been given mission in corbefore the passing of this act, or any other act relative to the mitigation or remission of such fines, penalties or forfeitures; the amount of which right and claim shall be assessed and valued by the proper judge or court, in a summary manner. (e) tain cases. 2 Stat. 354. courts to have suits for fines, &c., under the 4. The respective county courts within or next adjoining the revenue districts herein- 8 March 1806 § 1. after mentioned, shall be and are hereby authorized to take cognisance of all complaints and prosecutions for fines, penalties and forfeitures, arising under the revenue laws of Certain state the United States, (g) in the districts of Champlain, Sacket Harbor, Oswego, Gennessee, jurisdiction of Niagara and Buffaloe Creek, in the state of New York, and in the district of Presque Isle, in the state of Pennsylvania; (h) and the district attorneys of New York and Pennsyl- revenue laws. vania, respectively, are hereby authorized and directed to appoint, by warrant, an attorney District attorneys as their substitute or deputy, respectively, to prosecute for the United States in each of to appoint depu the said county courts, who shall be sworn or affirmed to the faithful execution of his duty, as prosecutor aforesaid: Provided, That this authority shall not be construed to Limitation. extend jurisdiction to the county courts aforesaid, over any civil cause which may arise in any of those revenue districts, for the collection of duties payable to the United States; or of bonds or securities given for the security and payment of duties to the United States. ties. Ibid. ? 2. Power to hear remissions of 5. The county courts aforesaid, or the first judge of each of said courts, shall be, and hereby are further authorized to exercise all and every power in the cases of a criminal nature, cognisable before them by virtue of the first section of this act, for the purpose applications for of obtaining a mitigation or remission of any fine, penalty or forfeiture, which may be fines, &c. exercised by the judges of the district courts, in cases depending before them by virtue of the law of the United States, passed on the 3d of March 1797, entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned." And in the exercise of the authority, by this section given to said county courts or to the first judges thereof, they shall be governed in every respect by the regulations, restrictions and provisoes of the law of the United States, passed on the 3d of March 1797, aforesaid; with this difference only, that instead of Notice. notifying the district attorneys, respectively, said county courts or the first judges thereof, as the case may be, shall, before exercising said authorities, cause reasonable notice to be given to the attorney who may have been appointed and sworn or affirmed to prose (a) He has power to remit, as well the share allowed to individuals, as the part belonging to the government; and he may exercise this power at any time before the money levied by the execution is paid over to the parties. United States v. Morris, 10 Wh. 246. s. c., 1 Paine, 208. McLane v. United States, 6 Pet. 404. United States v. Lancaster, 4 W. C. C. 64. But not after it has been collected and distributed. 3 Opin. 237. (b) He has no authority to remit the collector's share of a forfeiture, nor any part of it, eo nomine. The Margaretta. 2 Gall. And whatever is reserved out of the forfeiture, is reserved as well for the seizing officer as for the government. McLane v. United States. 6 Pet. 404. 515. (c) His finding is conclusive. United States v. Morris, 10 Wh. 246. If granted before libel or information filed. it operates directly to revest the right of property and possession in the petitioner, and the collector, on his presenting the warrant of remis sion, is bound to restore it. But after the filing of a libel or information, the property being in the custody of the court, the collector cannot restore the possession without an order. If the remission is on payment of costs, this is a condition precedent, and the coudition is inoperative, until the costs are paid. The secretary has the power after a remittance has been granted and communicated to the claimant, to remove the warrant. If the remission is unconditional, the power of revocation continues until the precept is finally executed by a delivery of the property to the claimant. But if the remission be conditional, the secretary has no power to revoke it, after the condition has been performed. The Palo Alto, Daveis, 343. See 5 Opin. 658. (d) This comprehends all the proceedings, as well before as after judgment, including the execution. United States v. Morris, 1 Paine, 209. (e) This act was to have continued in force for two years only; but was made perpetual by act 11 February 1800. 2 Stat. 7. (g) Although congress has, in various sets, conferred the right to prosecute for offences, penalties and forfeitures, on the state courts; the latter have, in many instances, declined the jurisdic tion, and asserted its unconstitutionality. And there is, at the present time. a decided preponderance of judicial authority in the state courts against the authority of congress to confer the power. Commonwealth v. Feely, 1 Virg. Cas, 321. Jackson v. Rose, 2 Ibid. 34. Ely v. Peck, 7 Conn. 239. United States v. Lathrop, 17 Johns. 5. United States v. Campbell, 6 Hall, L. J. 113. State v. Antonio, 3 Wh. Cr. Cas. 508. Ex parte Knowles, 4 Am. L. R. 598. United States v. Smith, 1 South. 33. Worthington v. Masters, Hall's Jour nal of Jurisprudence, 196. And see Martin v. Hunter's Lessee, 1 Wh. 330, Houston v. Moore, 5 Ibid. 68. But whilst a difference of opinion still exists on the point, in different states, whether state magistrates are bound to act under such authority, there can be no doubt, that they may, if they choose, exercise that authority, unless prohibited by state legislation. Prigg v. Pennsylvania, 16 Pet. 622. Poole's Case, 2 Virg. Cas. 276. (h) This act was made perpetual; and extended to the county courts within, or next adjoining the revenue districts in the state of Ohio, on Lake Erie, and to the district attorney of the United States for the district of Ohio; by act 21 April 1898, 2 Stat. 489. 8 March 1806. cute for the United States, in such court, that he may have an opportunity of showing cause against the mitigation or remission of such fine, penalty or forfeiture. 8 March 1815 1. 3 Stat. 244. the state courts enlarged. Deputy district attorneys to be appointed. 6. The respective state or county courts within or next adjoining a collection district established by any act of congress now in being, or hereafter to be passed for the colJurisdiction of lection of any direct tax or internal duties of the United States, shall be and are hereby authorized to take cognisance of all complaints, suits and prosecutions for taxes, duties, fines, penalties and forfeitures arising and payable under any of the acts passed or to be passed as aforesaid, or where bonds are given under the said acts; and the district attorneys of the United States are hereby authorized and directed to appoint by warrant an attorney as their substitute or deputy in all cases where necessary to sue or prosecute for the United States, in any of the said state or county courts within the sphere of whose jurisdiction the said district attorneys do not themselves reside or practise; and the said substitute or deputy shall be sworn or affirmed to the faithful execution of his duty. 7. The jurisdiction conferred by the foregoing section shall be considered as attaching in the cases therein specified without regard to the amount or sum in controversy, and attach without it shall be concurrent with the jurisdiction of the district courts of the United States; but may nevertheless be exercised in cases where the fine, penalty or forfeiture may have been incurred, or the cause of action or complaint have arisen, at a less as well as a greater distance than fifty miles from the nearest place by law established for the holding of a district court of the United States. But in all suits or prosecutions instituted by or on behalf of the United States in any state or county court, the process, proceedings, judgment and execution therein shall not be delayed, suspended or in any way barred or defeated by reason of any law of any state authorizing or directing a stay or Errors and ap- suspension of process, proceedings, judgment or execution: Provided, That final decrees peals. Ibid. 2. Jurisdiction to regard to the amount in controversy. Not to be defeated by state laws. Ibid. 2 3. Power to receive applications for remission of penalties, &c. Notice. 14 July 1832 4 Stat. 597. Secretary may ascertain facts and remit fines, &c., not exceeding $50. 28 Feb. 1839 5 Stat. 322. How penalties recoverable. Ibid. 4. Limitation of actions. 1. 3. and judgments in civil actions, passed or rendered in any state court by virtue hereof, may be re-examined in the circuit court of the United States, in the same manner and under the same limitations as are prescribed by the 22d section of the act to establish the judicial courts of the United States, passed the 24th of September 1789. 8. The state or county courts aforesaid, and the principal or presiding judge of any such court, shall be and are hereby authorized to exercise all and every power in cases cognisable before them by virtue of this act, for the purpose of obtaining a mitigation or remission of any fine, penalty or forfeiture, which may be exercised by the judges of the district courts of the United States, in cases brought before them by virtue of the law of the United States, passed on the 3d of March 1797, entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned;" and in the exercise of the authority by this section given to the said state or county courts, or the principal or presiding judge as aforesaid, they shall be governed in every respect by the provisions of the law last mentioned, with this difference only, that instead of notifying the district attorneys of the United States, the said courts, or the presiding judges aforesaid, shall, before exercising said authorities, cause reasonable notice to be given to the substitute or deputy who may have been appointed to sue or prosecute for the United States as aforesaid, that he may have an opportunity of showing cause against the mitigation or remission of such fine, penalty or forfeiture. 9. In all cases of fine, penalty or forfeiture, mentioned and embraced in the act entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities, accruing in certain cases therein mentioned," or in any act in addition to or amendatory of said act, and not exceeding fifty dollars in amount or value, the secretary of the trea sury be, and he hereby is, authorized, if in his opinion the said fine, penalty or forfeiture was incurred without wilful negligence or intention of fraud, to prescribe such rules and mode of proceeding, to ascertain the facts, as in his opinion may be convenient and proper, without regard to the provisions of the act above referred to; (a) and upon the said facts so to be ascertained as aforesaid, the said secretary may exercise all the power conferred upon him in and by said act, as fully as he might have done had said facts been ascertained under and according to the provisions of said act. 10. All pecuniary penalties and forfeitures accruing under the laws of the United States may be sued for and recovered in any court of competent jurisdiction in the state or district where such penalties or forfeitures have accrued, or in which the offender or offenders may be found. (b) 11. No suit or prosecution shall be maintained, for any penalty or forfeiture, pecuniary or otherwise, accruing under the laws of the United States, unless the same suit or prosecution shall be commenced within five years from the time when the penalty or forfeiture accrued: Provided, The person of the offender or the property liable for such (a) This act merely authorizes the secretary to substitute a less formal mode of ascertaining the facts, than that presented by the former law; in other respects, his power is not varied or enlarged. 3 Opin. 238. penalty or forfeiture shall, within the same period, be found within the United States; 28 Feb. 1839. so that the proper process may be instituted and served against such person or property therefor. forfeited nisances. recog. 12. In all cases of recognisances in criminal causes taken for, or in, or returnal le to, Ibid. 2 6. the courts of the United States, which shall be forfeited by a breach of the condition Power to remit thereof, the said court for or in which the same shall be so taken, or to which the same shall be returnable, shall have authority in their discretion to remit the whole or a part of the penalty, whenever it shall appear to the court that there has been no wilful default of the parties, and that a trial can notwithstanding be had in the cause, and that public justice does not otherwise require the same penalty to be exacted or enforced. 9 Stat. 509. Power of secre tary to remit California and 13. In all cases of fine, penalty or forfeiture mentioned and embraced in the act 28 Sept. 1850 24 entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned," or in any act in addition to or amendatory of said act, that have occurred or may occur in the collection districts in penalties, &c.. in the state of California and territory of Oregon, the secretary of the treasury be and he is hereby authorized, if in his opinion, the said fine, penalty or forfeiture was incurred without wilful negligence or intention of fraud, to prescribe such rules and mode of proceeding to ascertain the facts, as in his opinion may be convenient and proper, without regard to the provisions of the act above referred to, and upon the said facts so to be ascertained as aforesaid, the said secretary may exercise all the power conferred upon him in and by said act as fully as he might have done, had said facts been ascertained under and according to the provisions of said act. I. FISHING VOYAGES. Fisheries. [See COASTING Trade.] 1. Agreement in writing to be made with fishermen. Division of the proceeds to be expressly provided for. Penalties for desertion; and for neglect of duty. 2. Vessel to be liable for fishermen's share, for six months after sale of fish. How recoverable. Vessel to be discharged on giving bond. Remedy at common law. II. BOUNTIES. 3. Bounty to owners of fishing vessels. How distributed. Limi tation. 4. Bounty to vessels of less than twenty tons. Sworn account to be rendered. Forfeiture and penalty in case of fraud. 5. Agreement to be produced with sworn certificate, before pay ment. 6. No bounties to be paid, unless agreement for division of proceeds be made with fishermen. 7. False swearing to be perjury. S. Three-fourths of crew to be citizens. 9. Time of illegal detention to be computed in the voyage. 10. Bounties increased. Limitation. 11. Bounties to be paid, notwithstanding shipwreck on return voyage. 12. Drawback on exportation of pickled fish. III. MISCELLANEOUS PROVISIONS. 13. Duties of masters of fishing vessels intending to touch at foreign ports. Forfeiture, if found with foreign goods on board. 14. Vessels loaded with salt, after report and entry, may discharge at any fishery, &c., in the district of Edenton. 15. Custom house officer to receive accommodations on board. 16. Master to pay compensation of officer, after expiration of fifteen days. 17. Vessels to be licensed for the mackerel fishery. Act of 1793 to apply to such vessels. 18. Vessels licensed for the mackerel fisheries not to be liable to forfeiture for engaging in catching other fish. But not to receive bounties. 19. Vessels for the whale fishery may be enrolled and licensed. 20. Act of 1803 extended to such vessels. I. FISHING VOYAGES. men. proceeds to be 1. The master or skipper of any vessel of the burthen of twenty tons or upwards, 19 June 1813 1 3 Stat. 2. qualified according to law for carrying on the bank and other cod fisheries, bound from a port of the United States to be employed in any such fishery at sea, shall, before proAgreement in writing to be ceeding on such fishing voyage, make an agreement in writing or print with every fisher- made with fisher man who may be employed therein, (except only an apprentice or servant of himself or owner), and in addition to such terms of shipment as may be agreed on, shall in such Division of the agreement express whether the same is to continue for one voyage or for the fishing expressly proseason, and shall also express that the fish or the proceeds of such fishing voyage or vided for. voyages, which may appertain to the fishermen, shall be divided among them in proportion to the quantities or number of said fish, which they may respectively have caught; (a) which agreement shall be indorsed or countersigned by the owner of such fishing vessel or his agent.(b) And if any fisherman, having engaged himself for a voyage Penalties for or for the fishing season, in any fishing vessel, and signed an agreement therefor as aforesaid, shall thereafter and while such agreement remains in force and to be performed, desert or absent himself from such vessel without leave of the master or skipper thereof, or of the owner or his agent, (c) such deserter shall be liable to the same penalties as deserting seamen or mariners are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be apprehended and detained; and all (a) See Noble v. United States, Dev. C. C. 87. (b) The act 29 July 1813 7, (infra 5), requires, in order to obtain the bounty thereby given, an oath to the verity of the fishing agreement, as well as to the truth of the certificate of the desertion. times of sailing and returning. United States v. Nickerson, 17 of duty. Ibid. 2. ble for fishermen's share for sale of fi-h. 19 June 1813. cost of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish, or proceeds of any fishing voyage to which such deserter had or And for neglect shall become entitled. And any fisherman, having engaged himself as aforesaid, who shall during such fishing voyage refuse or neglect his proper duty on board the fishing vessel, being thereto ordered or required by the master or skipper thereof, or shall otherwise resist his just commands to the hinderance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of any public allowance which may be paid upon such voyage. 2. Where an agreement or contract shall be so made and signed for a fishing voyage Vessel to be lia- or for the fishing season, and any fish which may have been caught on board such vessel during the same, shall be delivered to the owner or to his agent for cure, and shall be six months after sold by said owner or agent, such vessel shall, for the term of six months after such sale, be liable and answerable for the skipper's and every other fisherman's share of such fish, and may be proceeded against in the same form and to the same effect as any other vessel is by law liable and may be proceeded against for the wages of seamen or How recoverable. mariners in the merchant service. And upon such process for the value of a share or shares of the proceeds of fish delivered and sold as aforesaid it shall be incumbent ɔn the owner or his agent to produce a just account of the sales and division of such fish according to such agreement or contract; otherwise the said vessel shall be answerable upon such process for what may be the highest value of the share or shares demanded. But in all cases the owner of such vessel or his agent, appearing to answer to such process, may offer thereupon his account of general supplies made for such fishing voyaga and of other supplies therefor made to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands respectively; and judgment shall be rendered upon such process for the respective balances which upon such an Vesso be dis inquiry shall appear: Provided always, That when process shall be issued against any vessel liable as aforesaid, if the owner thereof, or his agent, will give bond to each fisherman in whose favor such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such proRemedy at ecm cess, there shall be an immediate discharge of such vessel: Provided, That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof as aforesaid. charged on giving bond. mon law 29 July 1813 5. 3 Stat. 51. of fishing vessels. II. BOUNTIES. 3. There shall be paid on the last day of December, annually, to the owner of every vessel or his agent, by the collector of the district (a) where such vessel may belong, that Bounty to owners shall be qualified agreeably to law (b) for carrying on the bank and other cod fisheries,(c) and that shall actually have been employed therein at sea (d) for the term of four months, at the least, of the fishing season next preceding, which season is accounted to be from the last day of February to the last day of November in every year, for each and every ton of such vessel's burthen according to her admeasurement as licensed or enrolled, [if of twenty tons and not exceeding thirty tons, two dollars and forty cents; and if above How distributed. thirty tons four dollars ;}(e) of which allowance aforesaid three-eighth parts shall accrue and belong to the owner of such fishing vessel, and the other five-eighths thereof shall be divided by him, his agent or lawful representative, to and among the several fishermen who shall have been employed in such vessel during the season aforesaid or a part thereof, as the case may be, in such proportions as the fish they shall respectively have taken may bear to the whole quantity of fish taken on board such vessel during such season: Provided, That the allowance aforesaid on any one vessel for one season, shall not exceed two hundred and seventy-two dollars.(g) Limitation. tons. Ibid. 26. 4. There shall also be paid on the last day of December annually, to the owner of Bounty to vessels every fishing boat or vessel of more than five tons and less than twenty tons, or to his of less than 20 agent or lawful representative, by the collector of the district where such boat or vessel may belong, the sum of one dollar and sixty cents (h) upon every ton admeasurement of such boat or vessel, which allowance shall be accounted for as part of the proceeds of the fares of said boat or vessel, and shall accordingly be so divided among all persons interested therein: Provided however, That this allowance shall be made only to such boats or (a) He is not entitled to a commission on such payments. Andrews v. United States, 2 Story, 202. (b) The enrolment of a vessel, without the oath of one of the owners having been previously taken and subscribed, in conformity with the act of 1793, is void; and such vessel is not entitled to the bounty given by this act. United States v. Bartlett, Daveis. 9. (c) This includes all vessels engaged in the cod fisheries, without regard to the length of their trips, or the nature of their fisheries. vessels as shall have been actually employed at sea in the cod fishery for the term of 29 July 1813. four months at least of the preceding season: And provided also, That such boat or vessel sworn account to shall have landed in the course of said preceding season, a quantity of fish not less than be rendered. twelve quintals for every ton of her admeasurement; the said quantity of fish to be ascertained when dried and cured fit for exportation, and according to the weight thereof as the same shall weigh at the time of delivery when actually sold, which account of the weight, with the original adjustment and settlement of the fare or fares among the owners and fishermen, together with a written account of the length, breadth and depth of said boat or vessel, and the time she has actually been employed in the fishery in the preceding season, shall in all cases be produced and sworn or affirmed to before the said collector of the district, in order to entitle the owner, his agent or lawful representative, to receive the allowances aforesaid. And if at any time within one year after payment Forfeiture and of such allowance it shall appear that any fraud or deceit has been practised in obtain- penalty in case ing the same, (a) the boat or vessel (b) upon which such allowance shall have been paid, if found within the district aforesaid, shall be forfeited; otherwise the owner or owners having practised such fraud or deceit, shall forfeit and pay one hundred dollars, to be sued for, recovered and distributed in the same manner as forfeitures and penalties are to be sued for, recovered and distributed for any breach of the act, entitled "An act to regulate the collection of duties on imports and tonnage.” of fraud. sworn certificate 5. The owner or owners of every fishing vessel of twenty tons and upwards, his or Ibid. 27. their agent or lawful representative, shall, previous to receiving the allowance made by Agreement to be this act, produce to the collector who is authorized to pay the same, the original agree- produced with ment or agreements which may have been made with the fishermen employed on board before payment. such vessel as is herein before required, and also a certificate, to be by him or them subscribed, therein mentioning the particular days on which such vessel sailed and returned on the several voyages or fares she may have made in the preceding fishing season ;(c) to the truth of which he or they shall swear or affirm before the collector aforesaid.(d) 6. No ship or vessel of twenty tons or upwards, employed as aforesaid, shall be entitled to the allowance granted by this act, unless the skipper or master thereof shall, No bounties to be before he proceeds on any fishing voyage, make an agreement in writing or in print, with paid unless agree every fisherman employed therein, according to the provisions of the act, entitled An of proceeds be act for the government of persons in certain fisheries."(e) 66 Ibid. & 8. ment for division made. 7. Any person who shall make any false declaration, in any oath or affirmation required Ibid 29 1y this act.(g) being duly convicted thereof in any court of the United States having False swearing to jurisdiction of such offence, shall be deemed guilty of wilful and corrupt perjury, and be perjury. shall be punished accordingly.(h) 3 Stat. 251. 8. The bounties and allowances now granted by law to the owners of boats or vessels 1 March 1817 2 3. engaged in the fisheries, shall be paid only on boats or vessels, the officers and at least three-fourths of the crews of which shall be proved, to the satisfaction of the collector Three-fourths of of the district where such boat or vessel shall belong, to be citizens of the United States, zens. or persons not the subjects of any foreign prince or state. crew to be citi 3 Stat. 417. detention to be voyage. 9. Where any fishing vessel of the United States has been, since the 18th day of Feb- 4 April 1818 § 1. ruary in the year 1815, prevented, by illegal capture or seizure, under authority or pretence of authority, from any foreign government, from fishing at sea, for any part of Time of illegal the term of four months required by law to be employed by such vessel in fishing, in computed in the order to entitle the owner of such vessel to the bounty or allowance prescribed by law, the time of the unlawful detention of such vessel shall be computed as a part of the said four months, and such bounty or allowance shall be paid accordingly: Provided, That such vessel has, in all other respects, complied with the requisites of the laws now in force. 3 Stat. 520. 10. There shall be paid, on the last day of December, annually, to the owner of every 3 March 1819 8 1. fishing boat or vessel, or his agent, by the collector of the district where such boat or vessel may belong, that shall be qualified, agreeably to law, for carrying on the bank and Bounties inother cod fisheries, and that shall actually have been employed therein, at sea, for the term of four months at least, of the fishing season next preceding, which season is accounted to be from the last day of February to the last day of November, in every (a) The forfeiture attaches only when there is actual fraud and deceit used in obtaining the bounty. The Harriet, Ware, 343. s. c., 1 Story, 251. The Swallow. Ware, 21. If a false cer tiscate be given and sworn to. through mistake, no forfeiture is incurred. Ibid. But although the vessel be in fact entitled to the bounty, if fraud and deceit are employed by the owners in obtaining it, she will be subject to forfeiture. The Swallow, Ware, 21. (b) This applies to all vessels of more than five tons, as well those mentioned in the fifth as those in the sixth section. The Harriet, 1 Story, 251, 256, (e) This does not render necessary the production of a log-book, as prescribed by a regulation of the department. Noble v. United States, Dev. C. C. 86. creased. (d) The oath extends to the truth of the fishing agreement. United States v. Nickerson, 17 How. 204. (e) A compliance with this section is the only condition precedent to receiving the bounty. Noble v. United States, Dev. C. C. 86-7. (g) To constitute the offence of perjury under this act, there must be a wilful and corrupt intent to swear fals ly. United States v. Smith, 9 Law Rep. 91. And no one can be convicted of false swearing to a certificate but the person who signs it. If the owner sign the certificate, and the agent swear to it, the case is not within the statute. United States v. Kendrick, 2 Mas. 69. See United States v. Lakeman, Ibid. 229. (h) This act was made perpetual by act 9 February 1816. 3 Stat. 251. |