United States v. Atkins
District Court, D. Massachusetts
2 [The defendant was put upon trial for obtaining the fishing bounty for the schooner Waldemar, of Provincetown, by making a false declaration in an oath, required by law, before the collector of Barnstable. The prosecution relied in this case upon the act of 1823. [3 Stat. 723], which provides that “if any person shall swear or affirm falsely, touching the expenditure of public money, he shall, upon conviction thereof, suffer as for wilful and corrupt perjury.”
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2 [The defendant was put upon trial for obtaining the fishing bounty for the schooner Waldemar, of Provincetown, by making a false declaration in an oath, required by law, before the collector of Barnstable. The prosecution relied in this case upon the act of 1823. [3 Stat. 723], which provides that “if any person shall swear or affirm falsely, touching the expenditure of public money, he shall, upon conviction thereof, suffer as for wilful and corrupt perjury.” The defendant, who was not interested in the vessel or voyage, undertook to obtain the bounty under a power of attorney from the…
1Opinion of the Court
SPRAGUE, District Judge,
in charging the jury as to the law, said that the statute did not allow the fishing bounty, unless, by the agreement under which the voyage was performed, the fishermen were severally to share in the bounty and proceeds of the voyage. That engaging a man for so much for every thousand'fish caught by him, or hiring by the month or season, except the cook, was not a compliance with the requisitions of • the law, and no vessel was entitled to bounty, where each fisherman did not have a share in the proceeds of the voyage, in proportion to the number of fish caught by…
2Cited by6 opinions
- Caffray v. KingslandDistrict Court, S.D. New York · 1885
- Hicks v. StateCourt of Appeals of Georgia · 1942
- Harper v. United States Seafoods LPCourt of Appeals for the Ninth Circuit · 2002
- Harper v. United States Seafoods LpCourt of Appeals for the Ninth Circuit · 2002
- Case v. PeopleNew York Supreme Court · 1877
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