The Mary
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] There were two informations in this case; one against the schooner for taking on board, at Liverpool in Great Britain, certain goods of British manufacture, with intention to import the same into the United States, with the knowledge of the master, against the act 1 March 1809, c. 91, § 6 [2 Story’s Laws, 1110; 2 Stat. 529, c. 24]; another against the cargo of the schooner, being goods…
Read the full summary
[Appeal from the district court of the United States for the district of Massachusetts.] There were two informations in this case; one against the schooner for taking on board, at Liverpool in Great Britain, certain goods of British manufacture, with intention to import the same into the United States, with the knowledge of the master, against the act 1 March 1809, c. 91, § 6 [2 Story’s Laws, 1110; 2 Stat. 529, c. 24]; another against the cargo of the schooner, being goods of British manufacture, for being imported into the United States, contrary to the same act (section 5). By consent, both…
1Opinion of the Court
STORY, Circuit Justice.
From an examination of the facts, (the result of which does not seem contested) I am satisfied that an actual landing of the goods was not intended to be made in any port of the United States, contrary to the statute; and that the goods of course were not put on board with that intent. It would seem, therefore, that no forfeiture could attach to the vessel, or cargo.
But it is contended on the part of the United States, that as the vessel arrived voluntarily within four miles of the coast, the importation became complete into the United States, as to its effects both on…
2Cited by10 opinions
- Keck v. United StatesSupreme Court of the United States · 1899
- Waring v. MayorSupreme Court of the United States · 1869
- Enders v. BruneCourt of Appeals of Virginia · 1826
- Flagler v. KiddCourt of Appeals for the Second Circuit · 1897
- Kidd v. FlaglerU.S. Circuit Court for the District of Northern New York · 1893
5 more not listed; retrieve them via the Exa API.