United States v. Mollie
U.S. Circuit Court for the District of Eastern Texas
[Appeal from the district court of the United States for the Eastern district of Texas.] This was a libel filed in the district court for penalties for nonobservance or tne steamboat inspection law. No party appearing to claim the vessel, the district court, on examining a witness as to its character, dismissed tbe libel [case unreported], and tbe United States attorney appealed.
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[Appeal from the district court of the United States for the Eastern district of Texas.] This was a libel filed in the district court for penalties for nonobservance or tne steamboat inspection law. No party appearing to claim the vessel, the district court, on examining a witness as to its character, dismissed tbe libel [case unreported], and tbe United States attorney appealed. No person yet appearing, the question arose as to tbe method of proceeding, namely, whether a decree of condemnation ougbt to be entered as of course for tbe default, or whether the United States attorney. ought to…
1Opinion of the Court
BRADLEY, Circuit Justice.
The steamboat inspection law does not prescribe the method of recovering the penalties therein imposed; but as the libel in this ease was for penalties for which the vessel is made liable, and subject to seizure, the mode of proceeding will be regarded as to be governed by the general act, section 928 Rev. St., which is based upon tbe eighty-ninth section of the revenue collection act of 1799 [1 Stat. 695]. By this act, “if no person appears and claims such vessel, goods, etc., and gives bond to defend the prosecution thereof, and to respond the cost, in case he shall…
2Cited by2 opinions
- Hartranft v. Du PontSupreme Court of the United States · 1886
- Hartranft v. Du PontSupreme Court of the United States · 1886