United States v. Three Hundred Barrels of Whiskey
District Court, E.D. New York
This was an application on the part of the claimant of the property seized, to have the same delivered to him upon giving security in the amount of the value thereof.
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This was an application on the part of the claimant of the property seized, to have the same delivered to him upon giving security in the amount of the value thereof. The motion was founded upon a petition showing that the property was proceeded against for a violation of the internal revenue act, passed June 30, 1864, and amended March 3, 1865; that upon filing the information, process was issued against the property, and the same was seized by the marshal and taken into his custody without objection on the pait of the collector of internal revenue, and was still in the custody of the…
1Opinion of the Court
BENEDICT. District Judge.
The act to provide internal revenue, nowhere in express terms confers upon any court the power to deliver to tne claimant on bail, pending the proceedings, the property claimed to be forfeited to the United States under its provisions. Nor do I find that by express provision or by implication the power is withheld. It is true, that the proviso to section 48 seems to contemplate in certain specified cases, the giving of a bond to the assessor to be by him filed in the office of the commissioner of internal revenue, but it does not appear that, in such cases even, the…
2Cited by1 opinion
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