Legal Opinion

United States v. The Sidonian

U.S. Circuit Court for the District of Eastern Louisiana

Decided March 2, 1889Published

In Admiralty. Libel filed by the United States against the steam-ship Sidonian, -for •violation by the master of the act of 1882 known as the “Passenger Act,” (22 U. S. St. 186,) in not providing tables and seats for the use of emigrant passengers, at their meals. It is sought to enforce as a lien againgt the vessel the amount of the fine which the government alleges has been incurred by the act of the master.

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In Admiralty. Libel filed by the United States against the steam-ship Sidonian, -for •violation by the master of the act of 1882 known as the “Passenger Act,” (22 U. S. St. 186,) in not providing tables and seats for the use of emigrant passengers, at their meals. It is sought to enforce as a lien againgt the vessel the amount of the fine which the government alleges has been incurred by the act of the master. An exception filed is to the effect that the action was prematurely brought, because there can be no lien for a fine imposed under the statute, until there has been a conviction, and…

1Opinion of the CourtPaudek, J.

In this ease I have carefully considered all the authorities cited by the proctors, and some eases not upon either brief. The result is that 1 concur in the conclusion reached by .the judge of the district court. The fourth section of the passenger act of 1882 provides that “for every willful violation of any of the provisions of this section the master of the vessel shall be deemed guilty of a misdemeanor, and shall be fined not more than $500, and be imprisoned fora term not exceeding six months.” The thirteenth section of the same act provides “ that the amount of the several fines and…

2Cases cited6 opinions

  1. The PalmyraSupreme Court of the United States · 1827
  2. United States v. The QueenU.S. Circuit Court for the District of Southern New York · 1873
  3. United States v. The MissouriU.S. Circuit Court for the District of Eastern New York · 1872
  4. The HelvetiaDistrict Court, S.D. New York · 1872
  5. The CandaceDistrict Court, D. Massachusetts · 1867

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