The Struggle
U.S. Circuit Court for the District of Massachusetts
This was an appeal from the decree of the district court of Maine acquitting this vessel, against which an information was filed for a violation of the non-importation acts. Aet March 1, 1809, c. 91, revived by Act March 2, 1811, c. 96 [2 Story’s Laws, 1114, 1187; 2 Stat. 550, 651]. Pending the proceedings in the court below, the claimants [Thomas Lord and others] had obtained a delivery of the vessel, on giving bail for the appraised value.
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This was an appeal from the decree of the district court of Maine acquitting this vessel, against which an information was filed for a violation of the non-importation acts. Aet March 1, 1809, c. 91, revived by Act March 2, 1811, c. 96 [2 Story’s Laws, 1114, 1187; 2 Stat. 550, 651]. Pending the proceedings in the court below, the claimants [Thomas Lord and others] had obtained a delivery of the vessel, on giving bail for the appraised value. At the hearing, at this term, the decree of the district court was reversed, and a decree of condemnation pronounced. After which, William Prescott of…
1Opinion of the Court
STORY, Ciicuit Justice.
I cannot say that I approve of the practice of an indiscriminate delivery of property seized, on giving bail for the appraised value. It is attended with many inconveniences, and often leads to frauds. In the exchequer in England, no delivery is allowed, unless the property be perishable, or the government officers have been guilty of laches and delays in the prosecution. In the admiralty a more liberal practice seems to prevail, but I believe it will be found, that the court does not lend -an indulgent ear, unless some peculiar ground is laid for the application; and,…
2Cited by3 opinions
- The Three FriendsSupreme Court of the United States · 1897
- Richardson v. Cleaveland & HugginsSupreme Court of Alabama · 1837
- The Three FriendsSupreme Court of the United States · 1897