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Vessels found as herein, after time assigned in notice, shall be detained till security, conditioned as herein, be given.
such vessels shall be surveyed,
upon requisites being complied with, such vessels shall be registered.
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XXXV. And be it further enacted, That if after the expiration of the time assigned in the notice herein directed to be given, any ship or vessel (being square-rigged) shall be found in any port within the distance of twenty leagues by water from the port to which she belongs, or if any vessel, not being square-rigged, be found within any port, other than that to which she belongs, without having obtained the certificate of registry herein directed, it shall and may be lawful to and for the principal officer or officers of such port, and he and they is and are hereby required to detain such ship or vessel, until the master, or other person having or taking the charge or command thereof, shall, if such ship or vessel shall not exceed the burthen of fifty tons, give security by bond in the penalty of fifty pounds in manner herein directed; and if such ship or vessel shall exceed the burthen of fifty tons, and shall not exceed that of one hundred tons, then until the master, or other person having, or taking the charge or command thereof, shall in like manner give security by bond in the penalty of one hundred pounds, and if such ship or vessel shall exceed the burthen of one hundred tons, then until the master or other person having or taking the charge or command thereof, shall, together with one sufficient security (to be approved by such principal officer or officers) give bond to his Majesty, his heirs and successors, to be taken by such officer or officers in the penalty of two hundred pounds, with condition, that such master, or other person, so having or taking the charge or command of every such ship or vessel, shall repair with her, as soon as conveniently may be, to the port to which she belongs, and there cause her to be registered, and procure a certificate of such registry in the form and manner herein directed, and produce and deliver to such officer or officers, such certificate of registry, within the time limited in the condition of such bond, which limitation of time, such officer or officers is and are hereby authorized, to six according to the distance which such ship or vessel may be from the port to which she belongs, and the nature of the voyage in which she then may be engaged, and on failure of producing and delivering such certificate as aforesaid, such bond shall be forfeited; but if such certificate shall be produced and delivered to such officer or officers within the time so limited in the bond, such bond shall be void and of none effect, and he or they is and are hereby authorized and required to cancel the same; and in case any square-rigged ship or vessel, after the commencement of the time assigned in the notice aforesaid, shall be found in any port distant more than twenty leagues by water from the port to which she belongs, or that the water at the entrance of the port to which such ship or vessel belongs, shall be so shallow, as not to admit her entrance into the same, without endangering the safety of such ship or vessel, the master or other person having the charge or command of such ship or vessel, shall within forty-eight hours after his arrival at such port as aforesaid, make known his arrival to the collector or other chief officer resident at such port, and shall require such collector or other chief officer to cause his ship or vessel to be surveyed by the proper officer at such port, who shall be appointed pursuant to the directions of this act to survey ships and vessels there, and who shall accordingly make a perfect and accurate survey thereof, and certify the several particulars thereof in like manner as is herein directed, and such collector and comptroller, or other principal officer shall immediately transmit the said certificate of survey to the persons authorized to register ships and vessels, and grant certificates of registry at the port to which such ship or vessel belongs, who thereupon, and upon all the other requisites of this act being complied with, shall register such ship or vessel, and grant a certificate of the registry thereof pursuant to this act; and it shall and may be lawful to and for the collector or other chief officer resident at the port where such ship or vessel shall be so found, and he or they are hereby authorized and required to detain such ship or vessel until a perfect and accurate survey thereof shall be made in manner herein directed.
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