Legal Opinion

United States v. The Missouri

U.S. Circuit Court for the District of Eastern New York

Decided February 23, 1872PublishedCited by 8 opinions

[Appeal from the district court of the United States for the Eastern district of New York.] [The steamer Missouri was libelled in a proceeding in rem, under ihe 8th. section of the act of July 18, 1866. to recover the sum of $2,998 due to the.

Read the full summary

[Appeal from the district court of the United States for the Eastern district of New York.] [The steamer Missouri was libelled in a proceeding in rem, under ihe 8th. section of the act of July 18, 1866. to recover the sum of $2,998 due to the. United States from the master or person in charge of said vessel, as a penalty for bringing into the United States from a foreign port a quantity of cigars valued at the sum named and not included in the manifest of said vessel, in violation of the 24th section of the act of March 2, 1799. Decisions in favor of che United States were rendered by Judge…

1Opinion of the Court

WOODRUFF, Circuit Judge.

There is, I think, some doubt, whether the act of July 18th, 1866, § 8 (14 Stat. 180), which declares, that the vessel shall be holden for the payment of the penalty imposed upon the master (where goods are imported or brought into the United States, which shall not be included or described m the manifest of the cargo) by the act of March 2d, 1799, § 24 (1 Stat. *1274646), authorizes a proceeding in admiralty for the enforcement of the lien thereby declared. Its language is, that "such vessel * * * may be seized and proceeded against summarily, by libel, to recover…

2Cited by8 opinions

  1. The C. G. White v. United StatesCourt of Appeals for the Ninth Circuit · 1894
  2. The Paolina S.District Court, S.D. New York · 1880
  3. Pollock v. The Steam-Boat Sea BirdDistrict Court, S.D. New York · 1880
  4. The Ivor HeathDistrict Court, E.D. Virginia · 1921
  5. United States v. CurtisDistrict Court, S.D. New York · 1883

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API