The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-14

- MS was an sction Tor money had and fecefp-
Ell brought to recover back OF the defendant,
the Marshall fthe district ofN Y. fifty dollars,
part OF sum received by him from the plaintiffs.
The whole sum received by him from the plain.
tits. The whole sum received was g 90, but
the jurisdiction of the Court beng limited to fiji
ty dollars, the remaining IL dollars were aban-
doned by the plaintiffs.
The circumstances which led to the contro-
vcrsy, are shortly as follows - In virtue of the
Presidents proclamation of the ID Nov last,
numoer2f vessels, with their cargoes, which
left 6. B. previous to the ID day of Feb last,
but arrived IN this port subsequent thereto,
were seized by the collector, and refused an en-.
try or permit to land their cargoes, and after
wards, about the first of March, we're libeiied
in the District Court.
BY the act of the Cd of March last, it is enac-
ted, That no vessel owned wholly by CT
tizen or citizens of the u S. which shall have
departed from British port prior to the Cd OF
Feb. 1911, and no merchandise owned wholly by
citizen or citizens of the u. S. imported n such
VESSEL shall be liable to seizure or forfeiture IN
account OF any infraction or presumed infraction
of the provisions of the act, to which this oct is
supplement" AS soon as this act came to the
knowledge Of the Collector. he allowed the
vessels before seized by him to enter, and grant
ed permits for the landing of their cargoes.-
The Marshal, however, refused to give up the
vessels, or TO permit the cargoes to be landed,
until the fees oftbe clerk ofthe court of the
District Attorney, and his ospn fees were paid.
10 Obtain possession of their property, the ow-
ners were compelled to pay those fees q the
present suit is brought to recover back such
part as was exacted by the Marshal.
The following facts substantially appe AIRED in
evidence THAT the plaintiffs, being American
ciuzens, were the owners of the ship lane,
Barnes, and part of her cargo That on The 18th
OF Feb. the day after her arrival. she and her
fra hut haC Ill r..
sons above se forth Tha on the 18th of Feb.
loil an attachment on motion issued out of
the Clerks Office of the District Court, direct
ing the Marshal to seize the vessel and cargo !;
the return day of this writ was left blank
That on the 9th day of March. she was admit
ted to an entry at the Custom House, and per-
mits regularly granted for landing her cargo ::
Ihat the Marshal refused to give up the vessel
or to suffer the goods TO be landed until the tees
were paid That he told The plaintiff to go ro the
Cierk's office, pay the fees, get an order of
court IN his favor, and then after he had dschar.
ged ms fees also, he promised he would allow
the plaintiffs to take possession of the vessel, &
10 receive his goods. The plaintiffs having no
other method to obtain possession of their pro
perry, according y paid TO the Clerk for his fees
IS 3l-to the agent OF the District Attorney, The
being absent from the city, s 81, on which the
clerk OF the court furRishe ed the Marshal with
certflcate OF the payment of his fees, accompa-
nied by direction to give up the vessel Il the
goods iibelled, on receiving his the Marshars }
fees also. This certificate it must be observed
was dated on the 18th March, and it was proved
that no district court sat that day, or for sew.
erai months before or since, consequently no or
der could have issued from such court After
the payment of the two sums just mentioned a.
mounting to S 65, the plaintiffs again called on
the Marshal, who insisted on his fees being paid
also, which was accordingly done; amounting
to the sum of 8 81. making the whole cost S
1876 -
The following is copy of his bill
District Cogt,
The United States
The brig Jane barnes
her tackle, &c.
Attachment, advertising and procla-
nation Cl47 rs
Marshal's custody fee from Feb. %,
1911, til March 12,Is Is days at l2s.
per day. 10 so
Keepers fees same time at IS. per day 10 90
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