United States v. Pollastrine

CLEGG, District Judge.

On the first ground of the exceptions it is contended that section 13 of said act (48 U.S.C.A. § 201) permits the district attorney to file a libel in rem only in a case “in which the disposition of such article is not involved in a criminal prosecution,” and that, unless the libel contains an allegation negativing the fact of such disposition theretofore, it is insufficient to give the court jurisdiction.

The contention is that this is in the nature of an exception to the enacting clause defining the offense described in the libel and which denounces the act of…