Legal Opinion

United States v. Smith

Supreme Court of the United States

Decided December 17, 1877No. 64PublishedCited by 7 opinions

' Certificate of division in opinion between the judges of the Circuit Court of the United States for the District oi Massachusetts.

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' Certificate of division in opinion between the judges of the Circuit Court of the United States for the District oi Massachusetts. This is an information under the act of June 7,1872, 17 Stat. 262, against the defendant Smith, for that he, not being a shipping commissioner, did ship and engage one John Riley as a seaman, to go on board á certain American vessel called the “ Proteus,” .and make, a voyage from Boston, in Massachusetts, to Philadelphia, in Pennsylvania, .said Smith not then and there being the owner, consignee, or master of said vessel. The defendant demurred; and the judges…

1Opinion of the CourtJustice Clifford

delivered the. opinion of the' court.. Shipping commissioners are vested with certain powers and are charged with the performance of certain duties in engaging seamen .for the merchant service; and the act of Congress providing for their appointment forbids other persons, in certain cases, from performing the duties with which such commission•ers are charged by the provisions of that act.

Penalties are enacted for the violation of such prohibitions; and the information in this, case charges that the defendant, on the 5th of September, 1872, not being a shipping commissioner, at Boston, in the…

2Cited by7 opinions

  1. Mills v. LowndesDistrict Court, D. Maryland · 1939
  2. William T. Gardner v. The Tugboat L. N. Danzler, Her Engines, Tackle, Etc., in Rem, and Norfolk Dredging Company, in PersonamCourt of Appeals for the Fourth Circuit · 1960
  3. Gardner v. The L. N. DanzlerDistrict Court, E.D. Virginia · 1959
  4. The Elswick TowerDistrict Court, S.D. Georgia · 1917
  5. United States v. BainUnited States Circuit Court · 1880

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