The Strathairly
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. The case, as stated by the court, was as follows: This was a libel of information in rem, filed in the District Coiirt of the United States for the District of California, July 1, 1882, on behalf of the United States against the British steamer Strathairly.
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APPEAL PROM THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. The case, as stated by the court, was as follows: This was a libel of information in rem, filed in the District Coiirt of the United States for the District of California, July 1, 1882, on behalf of the United States against the British steamer Strathairly. The claimant having interposed peremptory exceptions, a decree in the District Court was entered August 30, 1882, sustaining the exceptions and dismissing the libel. From this decree the libellant appealed to the Circuit' Court of thé United States for the…
1Opinion of the CourtJustice Matthews
The first question for consideration is,. whether the finé imposed upon the master of a vessel by § 4253 of the Revised Statutes, for the violation of that and the preceding section, is a lien upon the vessel itself, to be recovered by a proceeding in pern. Section 4252 of the Revised Statutes provides that: “No master óf any vessel owned in whole or in part by "a citizen of the United States, or by a citizen of any foreign country, shall take on board such vessel, at any foreign port or place other than foreign- contiguous territory of the United States, passengers contrary to the provisions…
2Cases cited2 opinions
- The ManhattanDistrict Court, S.D. New York · 1868
- The CandaceDistrict Court, D. Massachusetts · 1867
3Cited by11 opinions
- Sawyer v. BarbourCalifornia Court of Appeal · 1956
- State v. SciosciaNew Jersey Superior Court Appellate Division · 1985
- United States ex rel. Pressprich & Son Co. v. ElwellCourt of Appeals for the Second Circuit · 1918
- The Scow" 6-S."Supreme Court of the United States · 1919
- United States v. The BombayDistrict Court, E.D. New York · 1891
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