The Palo Alto
District Court, D. Maine
The manner in which this case came before the court will appear by a recapitulation of the antecedent facts. The Palo Alto, a small vessel of 20I2/oc tons burden, built and licensed for the fisheries,- was seized July 15, 1847, by the collector of "Wiscasset, and libel-led for being engaged, while under a fishing license, in a trade other than that'for which she was licensed, in violation of the act of February 18, 1792, c. 8, § 32, for licensing and enrolling vessels (1…
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The manner in which this case came before the court will appear by a recapitulation of the antecedent facts. The Palo Alto, a small vessel of 20I2/oc tons burden, built and licensed for the fisheries,- was seized July 15, 1847, by the collector of "Wiscasset, and libel-led for being engaged, while under a fishing license, in a trade other than that'for which she was licensed, in violation of the act of February 18, 1792, c. 8, § 32, for licensing and enrolling vessels (1 Stat 305). On the 21st of July, a claim was interposed by C. F. Barnes, and on the 23d he filed a petition confessing and…
1Opinion of the Court
WARE, District Judge.
The questions now to be determined arise on a motion of the district attorney for a supersedeas of the writ of restoration issued by this court. But as that has been returned unexecuted since the motion was filed, in the actual posture of the ease the questions would arise more regularly on a motion of the claimant for an alias execution. But as the parties are disposed to waive matters of form, and wish ror an early decision, we may perhaps dispose of the questions -which have been discussed, on the attorney’s motion.
It is argued by the attorney, in the first place, that…
2Cases cited1 opinion
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by1 opinion
- Mactavish v. MilesDistrict Court, D. Maryland · 1920