The Candace
District Court, D. Massachusetts
Libel of information by the United States against the brig Candace, alleging that the master took on board at a port , in the Cape de Verd Islands, and brought to Boston eleven passengers, without providing them with the space required by St. 1855, c. 213, § 1 (10 St. 713). The allegations were, that the height from the deck or platform on which these passengers were carried, to the deck above, was less than six feet, whereby the master became liable to a penalty of fifty…
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Libel of information by the United States against the brig Candace, alleging that the master took on board at a port , in the Cape de Verd Islands, and brought to Boston eleven passengers, without providing them with the space required by St. 1855, c. 213, § 1 (10 St. 713). The allegations were, that the height from the deck or platform on which these passengers were carried, to the deck above, was less than six feet, whereby the master became liable to a penalty of fifty dollars for each passenger so carried, amounting in all to five hundred and fifty dollars, and that the amount of this…
1Opinion of the Court
LOWELL, District Judge.
Upon a careful consideration of the statute, I am satisfied that the penalties referred to in section IQ are the numerous pecuniary penalties imposed by sections 2 and S, and not the fines imposed by sections 1 and 6. By section 2, if the berths are not sufficient and suitable, the owners and master shall severally forfeit five dollars for each passenger, to be recovered by the United States in any port where the vessel may arrive or depart. By section S, the owners and master shall severally forfeit and pay to the United States two hundred dollars for each violation of…
2Cited by2 opinions
- The StrathairlySupreme Court of the United States · 1888
- United States v. The SidonianU.S. Circuit Court for the District of Eastern Louisiana · 1889