United States v. Hathaway
U.S. Circuit Court for the District of Maine
Error to the district court of the United States for the district of Maine. Debt [against Warren Hathaway, and Tut-tle] for tonnage and light money, of 50 cents per ton, as due from certain British vessels coming from Novia Scotia.
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Error to the district court of the United States for the district of Maine. Debt [against Warren Hathaway, and Tut-tle] for tonnage and light money, of 50 cents per ton, as due from certain British vessels coming from Novia Scotia. Plea, nil debet, upon which a trial was had, [case unreported,] and a bill of exceptions taken at the trial, to the opinion of the court given pro forma, in order to bring the points upon a writ of error to the circuit court. made three points: (1) That no action of debt lay in such a case against any person, though owner of the vessel, even admitting the duties…
1Opinion of the Court
STORX, Circuit Justice.
Upon the first point made at the bar I have no difficulty. If the tonnage and light money, by fraud, accident, or mistake, remained unpaid by the owner, when legally due, my opinion is, that this is a proper form of action to enforce the payment. The general principle was much discussed in U. S. v. Lyman [Case No. 15,647], and to that opinion I delibera tel adhere. It is true, that the act of 1799, c. 128. § 63 [1 Story's Laws, 629; 1 Stat. 675, c. 22]. provides, ‘‘that the duties imposed by law on the tonnage of any ship or vessel shall be paid to the collector, at the…
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