United States v. Bougher
U.S. Circuit Court for the District of Ohio
[This was an action of debt for a penalty by the United States against James Bougher. Heard on a demurrer to the declaration.]
1Opinion of the Court
LEAVITT, District Judge.
This is an action of debt prosecuted in the name of the United States. The declaration avers, in substance, that the defendant, being the master of a steamboat used for the transportation of passengers on the Ohio and Mississippi rivers, employed a pilot to serve on his boat, without being licensed for that purpose, as required by law; and that thereby he has incurred a penalty of one hundred dollars. A demurrer has been filed to the declaration; and it is insisted in argument, that the United States cannot maintain an action of debt for the penalty, and that it can…
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