Brewster v. Gelston
New York Supreme Court
THIS was an action of assumpsit, brought to recover the plaintiff’s share, as informer and seizer of the ship Magistrate, and of the ship Liberty, and their cargoes, and of the schooner Hiram and her cargo. The declaration contained the common money counts, and the plaintiff’s bill of particulars stated the different sums demanded.
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THIS was an action of assumpsit, brought to recover the plaintiff’s share, as informer and seizer of the ship Magistrate, and of the ship Liberty, and their cargoes, and of the schooner Hiram and her cargo. The declaration contained the common money counts, and the plaintiff’s bill of particulars stated the different sums demanded. The defendant is the collector of customs of the port of New-York, and the plaintiff commanded the revenue cutter Active, employed by the custom-house. The cause was tried at the New-York sittings, in July, 1812, before his honour, the late Chief Justice. As to the…
1Opinion of the CourtYah Ness, J.
delivered the opinion of the court, By the 91st section of the act of congress for the collection of duties, (passed the 2d of March, If99,) it is enacted that “ all fines, penalties, and forfeitures, recovered by virtue of this act, (and not, otherwise appropriated,) shall, after deducting- all proper costs and charges, be disposed of as follows: One moiety shall be for the use of the United States, and be paid into the treasury thereof by the collector receiving the same; the other moiety shall be divided between, and paid in equal proportions to the cohector, and naval officer of the…
2Cited by3 opinions
- United States v. PlumerU.S. Circuit Court for the District of Massachusetts · 1859
- Fifty Thousand CigarsDistrict Court, D. Massachusetts · 1865
- Stone v. AllenHawaii Supreme Court · 1875