MATTER OF SS. LlONNE 

In FINE Proceedings 

I3AL-10/1.45-6 

Decided by Board April 18, 1958 

Fine—No liability under section 231(d) for failure to furnish manifest where 

responsible parties had no knowledge of stowaway's presence on vesoel. 

Fine liability under section 231(d) of the 1952 net is not incurred for failure 

to furnish manifest for alien stowaway whose presence aboard vessel had 

not been known to responsible parties until after stowaway's apprehension 

in the United States. 

Editor's Note: Matter of 55. Monte Monjuich, 5 I. & N. Dec. 801, overruled, in 

part—with respect to liability for fine under section 231(d) of the 1952 act. 

BASIS FOR FINE: Act of 1952—Section 231(d) (8 1221) and Section 

273(d) (8 U.S.C.1323). 

BEFORE TIIE BOARD 

Discussion: The appeals in these cases are directed to two administrative penalties totaling $1,010 which have been ordered imposed on the vessel's master and/or the Hinkins Steamship Company, its agents. $1,000 of the penalty has been ordered imposed for 

failure to detain the alien stowaway, A—C-----M , aboard the 

vessel until he had been inspected by an immigration officer; and 

$10 of the penalty has been ordered imposed for failure to deliver 

a manifest as to him. The appeal will be dismissed as to the former 

penalty and sustained as to the latter. 

The facts of this case have been succinctly set forth in the 

opinion of the District Director at Baltimore, Maryland, and need 

not be repeated here in their entirety. Briefly, the stowaway was apprehended by local police officers and turned over to Service officials; he testified that he boarded this vessel at Vera Cruz, Mexico, 

as a longshoreman engaged in loading the vessel and remained 

aboard; that he hid in the number 3 cargo hold during the voyage 

to Baltimore and subsisted by eating pineapples from the cargo 

in the hold, and left his place of concealment three times late at 

night to get water from a faucet on the main deck; and his testimony was verified in its substantial portions by an investigation 

conducted aboard the vessel by Service officers at New York. The 

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evidence of record clearly overrides the master's claims that the 

alien could not possibly have stowed away aboard his vessel. 

We are satisfied from the evidence of record that the responsible 

parties did not know of the stowaway's presence aboard the vessel 

until after he had been apprehended ashore, but knowledge is not 

an element essential to liability to fine under section 273(d) of the 

Immigration and Nationality Act. This Board has consistently held 

that a transportation company is liable for fine under this section 

of law for failure to detain on board alien stowaways until they 

have been inspected by immigration officers, and that, such fine liability exists even though the line had no knowledge of the stowaway 

being aboard the ship until the discovery of the stowaway in the 

United States. We so hold here. Also, there is no provision for 

mitigation of the penalty under this section of the law. Therefore, 

the $1,000 portion of the penalty ordered imposed here must be 

permitted to stand. 

However, it is our considered opinion that liability to fine under 

section 231(d) of the Immigration and Nationality Act for failure 

to deliver to immigration officers at the port of arrival a manifest 

containing the stowaway's name presupposes knowledge of the stow 

away's presence aboard the vessel. We so hold and, therefore, it follows that the $10 portion of the penalty has been improperly imposed in this instance. Therefore, that portion of the fine will be 

remitted. 

Order : It is ordered that the appeal be sustained as to the 

penalty ordered imposed under section 231(d) of the Immigration 

and Nationality Act and that said $10 fine be remitted, and that 

the appeal be dismissed as to the penalty ordered imposed under 

section 273(d) of the Immigration and Nationality Act. The penalty 

permitted to stand in this ease will be $1,000. 

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