Legal Opinion
The Watuppa
District Court, S.D. New York
Decided March 17, 1937Published
1Opinion of the Court
HULBERT, District Judge.
Proctors for the Dumper E-8 of which Joseph McSpirit & Son, Inc., is the owner, apply for an order 'fixing the amount of the penalty to be assessed under an act of the Congress approved June 29, 1888, chap. 496, § 1, 25 Slat.- 209 (33 U.S.C.A.. § 441), .which prohibits the deposit of refuse in New York Harbor and adjacent waters.
The government has two remedies:(a) By information in a criminal pro‘ceeding against the owner, and(b) By libei in rem against the vessel.
It has chosen the latter.
When process issues and the seizure is made by the marshal the practice is for…
2Cases cited3 opinions
- The J. Rich SteersCourt of Appeals for the Second Circuit · 1915
- The ColumbiaCourt of Appeals for the Second Circuit · 1918
- United States v. Various Tugs & ScowsDistrict Court, S.D. New York · 1915