United States v. Chain Cable
U.S. Circuit Court for the District of Massachusetts
[In error to the district court of the United States for the district of Massachusetts.] Information of forfeiture and seizure on land of one chain cable, for having been unladen and delivered from the ship Marathon, at the port of Boston, without a permit, against the collection act of 1799. c. 128. § 50. The cause was tried in the district court, at September term, 1835, upon the general issue, by a jury, and a verdict was found for the defendant. [Case unreported.J At the…
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[In error to the district court of the United States for the district of Massachusetts.] Information of forfeiture and seizure on land of one chain cable, for having been unladen and delivered from the ship Marathon, at the port of Boston, without a permit, against the collection act of 1799. c. 128. § 50. The cause was tried in the district court, at September term, 1835, upon the general issue, by a jury, and a verdict was found for the defendant. [Case unreported.J At the trial a bill of exceptions was filed by the district attorney, the substance of which was as follows; It was proved,…
1Opinion of the Court
STORY, Circuit Justice.
In my judgment the whole point in this cause resolves itself into this; whether the chain cable in controversy was, at the time of its arrival and importation into the United States, bona fide, a part of the equipments and appurtenances of the ship Marathon. If it was, then it is clear *392to me, that no forfeiture is incurred. If it was not, then the case must be treated as an attempted evasion of the revenue collection act of 1709, c. 128, and the forfeiture consequently attaches. It appears from the evidence, that the chain cable was purchased at Liverpool, in England,…
2Cited by5 opinions
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