The 6 S
District Court, S.D. New York
In Admiralty. Libel against the tug Leonard Richards and the scow 6 S for illegal dumping in New York Harbor. Dismissed upon trial as to the tug.
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In Admiralty. Libel against the tug Leonard Richards and the scow 6 S for illegal dumping in New York Harbor. Dismissed upon trial as to the tug. This is a libel in rem against the tug Leonard Richards, dismissed upon the trial, and the scow 6 S, for illegal dumping in New York Harbor under Act June 29, 1888, as amended by Act Aug. 18, 1894. The fact of dumping within the limits of the harbor is admitted, but the claimant relies upon two points: First, that under section 4 of the act of June 29, 1888, no libel lies against the scow until the fine or penalty has been assessed against the owner…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The jurisdiction of this court depends upon the following language of section 4 of the act of June 29, 1888 (Comp. St. 1916, § 9937);
“Aliy boat or vessel used or employed in violating any provision of this art, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court.”
Normally, a civil suit for penalties is in the form of an action t for debt, the qui tam action at common law; it lies only when the penalty is fixed in amount, except for a certain latitude for easy…
2Cases cited10 opinions
- Hepner v. United StatesSupreme Court of the United States · 1909
- Stockwell v. United StatesSupreme Court of the United States · 1871
- Carrol v. GreenSupreme Court of the United States · 1876
- New England Dredging Co. v. United StatesCourt of Appeals for the First Circuit · 1906
- The StrathairlySupreme Court of the United States · 1888
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3Cited by3 opinions
- United States v. 3,500 Cases, More or Less, of Distilled SpiritsDistrict Court, D. Rhode Island · 1926
- Christenson S. S. Co. v. United StatesDistrict Court, E.D. Pennsylvania · 1936
- The O. L. HalenbeckCourt of Appeals for the Second Circuit · 1919