The Cargo ex Lady Essex
District Court, E.D. Michigan
In Admiralty. On exceptions to libel on information. This was an information against 8,000 feet of lumber, being the cargo of the schooner Lady Essex, a forfeiture of which was claimed upon two grounds: First, that the lumber had been unladen from the schooner Victor without a permit; second, that this lumber had been fraudulently and knowingly imported into the United States without payment of duties, and contrary to law.
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In Admiralty. On exceptions to libel on information. This was an information against 8,000 feet of lumber, being the cargo of the schooner Lady Essex, a forfeiture of which was claimed upon two grounds: First, that the lumber had been unladen from the schooner Victor without a permit; second, that this lumber had been fraudulently and knowingly imported into the United States without payment of duties, and contrary to law. The information averred, in substance, that the schooner Victor, laden with a large quantity of lumber, and bound from a Canadian to an American port, arrived within the…
1Opinion of the CourtBrown, J.
By Rev. St. § 2867, if after the arrival of any vessel within the limits of a collection district any part of her cargo shall be unladen without authority of a customs officer, the master in command shall be liable to a penalty of a thousand dollars, and the merchandise so unladen shall be forfeited, except in case of unavoidable accident, necessity, or stress of weather. In such case, it is made the duty of the master, or other person in command, to make proof upon oath before *767the customs officer of such accident, necessity, or distress; and by section 2868, if any merchandise so 'unladen…
2Cases cited7 opinions
- Peisch and Others v. WARE AND OTHERS &C.Supreme Court of the United States · 1808
- Harrison v. VoseSupreme Court of the United States · 1850
- Sixty Pipes of BrandySupreme Court of the United States · 1825
- United States v. CarrSupreme Court of the United States · 1849
- The Brig Concord, Taylor, MasterSupreme Court of the United States · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. One Black HorseDistrict Court, D. Maine · 1904
- United States v. BishopCourt of Appeals for the Eighth Circuit · 1903
- People v. One 1940 ChryslerCalifornia Court of Appeal · 1946
- United States v. 1,150½ Pounds of CelluloidCourt of Appeals for the Sixth Circuit · 1897
- United States v. Two Barrels WhiskyCourt of Appeals for the Fourth Circuit · 1899
4 more not listed; retrieve them via the Exa API.