United States v. Montell
U.S. Circuit Court for the District of Maryland
[Appeal from the district court of the United States for the district of Maryland.] [This was a suit by the United States against Francis T. Montell upon a bond given for the proper return of his vessel’s register. .Judgment was had upon the bond in the district court, and the sum of $1,200 paid. The collector of customs thereupon filed his petition in the district court, praying that a moiety of the sum recovered be paid to him and to the naval officer and surveyor.
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[Appeal from the district court of the United States for the district of Maryland.] [This was a suit by the United States against Francis T. Montell upon a bond given for the proper return of his vessel’s register. .Judgment was had upon the bond in the district court, and the sum of $1,200 paid. The collector of customs thereupon filed his petition in the district court, praying that a moiety of the sum recovered be paid to him and to the naval officer and surveyor. The district court dismissed the petition (case unreported), and the cause is now heard on appeal.)
1Opinion of the Court
TANEY, Circuit Justice.
This is an appeal from the decree of the district court, and the point in dispute will be better understood by stating, in the first instance, the provisions of the acts of congress upon which it depends.
The act of December 31, 1792. c. 45, § 7 [1 Story’s Laws, 271; 1 Stat 290, c. 1], entitled “An act concerning the registering and recording of ships or vessels,” provides, that previous to any registry of a ship or *1294vessel, the ship’s husband, or acting and managing owner, together with the master thereof, and one or more sureties, shall become bound to the United States…
2Cited by4 opinions
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