Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-07-20

pinlon in the case OF the United o'd'es 20. LIZ
teas claimed by the Lippincotts, and give II 10
the public as an interesting document
65l chests Hyson Skin Tea,
Lippincott * Co. claimants,
The United States.
This case comes up on writ OF error 10 the
District Court of the Southern District OF New
York. The seizure OF the teas having been
made upon land, the information was hed IN
that court. as court Of common law, and the
cause tried by a jury, and special 'erdlct
found. which ascertains and settles all matters
offact in the cause.
The information sets out that the teas were
imported into the u States in July, 1925, from
Canton, il the ship Ben amin Rush, and were
subject to the payment of duties; and then al
leges the following grounds upon which the
forfeiture is claimed:-
Is, That the teas were unladen and delivered
from ,he ship or vessel in which they had been
imported at Philadelphia, without having been
enferedat any custom house, or in the office OF
any collector Of the customs In the y. States,
and without any permit from any collector or
naval officer: and that the duties imposed by
law on the said teas had not beenpaid or secur-
ed to be paid to the United States.
Cd. That the teas so imported ought, ac-
cordiug 10 the provisions Of the act in such case
madeaud provided, 10 have been marked, and
Gceonpa,ed nth the CERT fcaies required by the act
and were found concealed in store I'D Pearl
street, in the city Of New York, in the posses
sion OF some person unknown to the District
Attorney, uncccompGnied By the marks and eerti-
fcQies prescribed by law, aud that the duties
had not been paid or secured 10 be paid.
Cd. That the said teas, SO imported, &c.
ought to have been marked, and accompanied
with certificates, as required by the act IN such
cases made and provided, and were found in a
store in Pearl street, in the city OF New York,
in the possession of Smith & Nicoll, unaccon1-
,,nn;edby such marks and sriifcates as are pre-
scribed by law, on which said teas the duties
have no, beeu paid or secured TO be paid.
To this information Lippincott s Co. inter-
nose their claims and answer, setting out par
,icularly aud circumstanlially the importation
sfthe teas by Edward Thomson-that they
were duly entered at the custom house Ill Phil
adelnhia, and unladen and landed in presence OF
custom house officer, under a permit from
the Collector and Zach chest duly inspected,
weighed, marked and numbered, and cerlh-
cate issued, accompanying each chest, by law
REQUIRED. That Thomson, the importer, gave
his bond for the duties. That the teas were
deposited in store &C cording TO the provisions
of the 62d section Of the Collection law OF I'd
March. 1899, 6 VOL L. U. S. 1881 and then set
ting out the purchase and transfer OF the teas to
the claimants and denying all knowledge OF the
teas having been illegally or In any improper
manner taken from the stores where they were
deposited. And traversing the allegations In
the information, that the teas were unladen, and
delivered, without having been duly entered or
withou, permit, or withought the duties hav-
ing been paid or secured to be paid, or that the
teas were concealed, unaccompanied with the
marks and certificates prescribed by law.
The special verdict finds, that the teas were
imported, entered, landed; and inspected &C
sording to law, and as set forth mthe claim &
answer.
That the duties imposed by law on the teas,
had not been paid, nor secured to be paid IN any
other manner, than by SAID Thomson's general
bond, and by storing said teas as provided by
law, and in the manner set forth IN the claim &
answer.
That when the teas we're found in New York
the certificates provided by law TO accompany
each chest, did not accompany them, but were
in Philadelphia, in the hands OF The claimants
but that each chest, bore all the marks required
BY law, and as set forth in the claim.
nat the teas WeTS not SOHICaltu DIS SCI ioItI
in the information.
That the claimants until after the teas were
found in New York, were wholly ignorant of the
manner in which the same had been obtained
from the store in Philadelphia, without paying
the duties due thereon or giving further bond &c
secure the same.
And that the teas were transported to the
city of New York, in the manner set forth il
the claim.
In examining the questions which are pre-
sented by this case, it is to be borne In mind tina
tits proceeding against the teas as forfeited L
the United States, BY reason of an alleged viola
ton of some part Of our revenue laws An'
no, 10 regain the possession Of the property, o
which the United States, may have been wrong
fully or fraudulently deprived; so as to enaoi
them to enforce payment of the duties for whlcl
there may be lien. And it is proceeding 4
enforce their forfeiture against innocent bon
6de purchasers of the property, who are no
chargeable with the least misconduct or evel