United States v. Mack

BYERS, District Judge.

Motion for an order of dismissal, made by the surety upon a bond given November 1, 1930, for release of a vessel seized under section 26 of title 2 of the National Prohibition Act (27 USCA §40).

The undisputed facts are that on July 31, 1930, the collector of customs of this port arrested Cathell and Van Austin, and seized the motor boat Wanda while intoxicating liquors were being transported by the former two on the vessel.

On October 31, 1930, the owner of the Wanda and the defendant above named executed a bond for the release of the vessel, conditioned upon the return…