The Ben R.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Kentucky. This is an appeal in admiralty from a decree of the district court dismissing a libel sued out by the United States against the Gasoline Boat Ben R., its tackle, furniture, etc. The proceeding was brought for the purpose of enforcing against the boat two penalties, of $500 each, alleged to have been incurred for navigating without inspection and without a licensed engineer.
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Appeal from the District Court of the United States for the Western District of Kentucky. This is an appeal in admiralty from a decree of the district court dismissing a libel sued out by the United States against the Gasoline Boat Ben R., its tackle, furniture, etc. The proceeding was brought for the purpose of enforcing against the boat two penalties, of $500 each, alleged to have been incurred for navigating without inspection and without a licensed engineer. The appellee, Prank T. Rounds, as claimant obtained the release of the boat upon entering into bond in double the amount claimed.…
1Opinion of the CourtLurton, Circuit Judge
(after making the foregoing statement). The motion to dismiss the appeal must be denied. It is based upon the notion that a libel to enforce a penalty is a criminal proceeding, and that, therefore, no appeal in behalf of the United States will lie from a decree dismissing the libel.
But this is not a criminal case, but a proceeding in rem against the gasoline steamer Ben R. It is prosecuted under section 4499 [U. S. Comp. St. 1901, p. 3060], which provides that “the vessel” navigated contrary to it9 provisions “shall be liable” for the penalties named, “and may be seized and proceeded against…
2Cases cited7 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- The PalmyraSupreme Court of the United States · 1827
- The Haytian RepublicSupreme Court of the United States · 1894
- The Three FriendsSupreme Court of the United States · 1897
- United States v. HarrisSupreme Court of the United States · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lagler v. ByeIndiana Court of Appeals · 1908
- The MessengerCourt of Appeals for the Seventh Circuit · 1909