Ripley v. Gelston
New York Supreme Court
THIS was an action of assumpsit The cause was tried at ¿he Netv-Yorlc sittings, the 5th December, 1811, before Mr. Justice Van Ness. At the trial, a bill of exceptions was tendered to the opinion of the judge. The following facts were stated in the bill.
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THIS was an action of assumpsit The cause was tried at ¿he Netv-Yorlc sittings, the 5th December, 1811, before Mr. Justice Van Ness. At the trial, a bill of exceptions was tendered to the opinion of the judge. The following facts were stated in the bill. In August, 1809, a Spanish ship, called the Maria Theresa, on her voyage from Havanna, in the island of Cuba, to London, sus-. tained very considerable injury, by a gale of wind, and put into the port of New-York in distress; where she arrived the 20th September, 1809, and was entered at the custom-house as a vessel in distress. On the 5th…
1Per curiam
The principal question here is, whether the defendant was authorized to demand the money which he exacted of the plaintiffs, as the tonnage or light money of the ship they had purchased. The ship arrived in the port of New-York in distress, and was entered in September, 1809, and being condemned and sold by the wardens of the port, the sum in question Tras exacted, on the clearance of the ship, on another voyage, in May, 1810.
The law (Laws of U. S. vol. 4. 384.) requires tonnage to be paid at the time of entry, and no permit to unlade is to be granted *209until the duty is paid. This is the…
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