The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-12-31
DOMESTIC.
NEw-YoRK SUpREME Coupr.

YORK SUPREME CouRT.
y mn htlhiey and others VS.. David (iekston.
MS was an action on the case, brought
20 recover from the defendant (who is the
collector OF the port of New York; the ton
'iage and light money demanded by the dc
cndant on the clearance of the ship Maria !
a the fifth day of May, in the year 1876
ne cause was tried at the present New
ork sittings, before Mr.. Justice Van Ness.
At the trial it appeared in evidence, thu.
ne SAID ship Maria was formerly the Mario
Theresa, foreign vessel and that she en-
.ered the port OF New York on the twenti !
I'll day OF September, 1909, III distress bound
|oh voyage from the Havana to London.
nat the plaintiffs purchased the said ship
% the agent of the owner in the month OF
november, 1909. That the revenue officers
put on board said ship, when she entered tbs.
'ort' mad been discharged before she was
eiivered into the plaintiffs possession, and =.
iea-letter granted to them at the Custom
louise after which the plaintiffs expended
II large sum OF money In repairs on the SAID
vessel. And further that at the time OF
skiing tor clearance for the said vessel.
me OF the plaintiffs gave particular notice
o SAID collector, that he had no right las he
ihought) to demand payment of the tonnage
r. night money OH the said vessel, on account
u IT'S being foreign vessel, ard entering this
port IN distress, and objected to pay the
sum But, that the said Collector refused &c
grant clearance until the same was raid
which was done on the said 5th day Of NAV.
and the Collector gave a receipt for the
I-ame.
The Counsel for defendant (Mr Baldwin. {
ar. Sanford, District Attorney, being absent,
III account OF Ill health, Contended that he
vas not Liable on two grounds.
b1t hy he l., & AZ Il &,
states, this vessel was liable to tonnage ard
| ght money, i'll consequence Of her having
0een repaired & fitted for another VOYAGE.
Though she may have come within the PRO
vision OF the laws of the United States, which
emit TO foreign vessels the tax Of tonnage
no llght money on entering IN distress.
And secondly, That the defendant was not
pablo, In as much as he had accounted 20 the
treasurer of the u. S. for the money de-
handed and received of the plaintiffs
His Honour the Judge, in giving his charge
70 the Jury, observed that the Letter of the
law did not warrant the defendant in ma
KING the demand much less did Equity &
Justice authorize it. For it never could
pave been the intention of the Congress e
tax foreigners for entering cur harbmirs fo.
shelter, after having sustained, under Pro
'idence Of God, such DAMAGE as to force
them III. And considering the notics. given
the defendant at the time tle demand was
made, and the precedent Of a relative case
I'm our own Court.
He gave II as his opinion, that the defen-
liant had paid over the money collected in
his own wrong, and directed Inc Jury TO find
II verdict for the plaintiiis-%hicI tney did
accordingly.
BALTIMORE, Dec. -.
\ splendid and honorable tribute Of regard
and esteem was paid to distinguished mc-
mt, as evinced on Thursday last, by an
entertainment at ANNAPoLIs, given to
WILLIAM PINKNEY, Esq. There
we're present the honorable the Chanccl-
lcr, the members Of the Executive Coua