The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-07
Important Decision In Admiralty.
UNITED STATES DISTRICT ooURr.
Before Hon. judge Beta.

'
CANDY AND ofHxRs, oLAMASp.
JAZZ 0-1his d nbsl Of information, dsmandins thu
ofsifurs Of the Schooner for removing timber from th
public lands IN Florida, contrary 70 the prohibitions
the act Of Conrsss Of March q 1881. a Statutes 81
rsa l72 secs and ~ Ths nrst section Of the cot I'm
poses hns and imprsonmsnt any person committing
e therein declared On any Lands the Unts<
s.ass. which, In pursuance Of any la~ passed, here
aer 70 b passed shall have ben reserved or purohsss
for tho Of the United for uuppvpe or Furnish
Ing thsrerom tAsr for the navy Of the U.itsd stss o.
from any other lAndb Of the United etstes soouired q,
hs eater to b acquired" without being authorized by
the ats states rss s1ccnd sos ps saS me =;
mediate foundasion Of this prosecution It easets that
shall knowingly take board any timber cut o
lands which shall have been reserved o. purchased =
the navy Of the Unsd states Or sa take on Sosrd =,
live sak red cedar timber cut any other IanX
Of the United States with intent to transport the e
any Other port place within tho United StAtss or q
ssf board which the same shan BE- taken, transport
5. g ss saa &.
or master Of such weasel wherein the shall have
S so e . any sSuH s ss',s +, u:
IL eounis In the rss (. Gauss Of iossituss alleged :
ods o. the SSS Jaa: ISL qa.ssy q r.a .s
sos
the use Of the navy which timber hid mot been cut fos
the ne Of the navJ and that the SANE was taken .
MGd BY him with intent to ransport 1t TO New YORK
It does not charge that the mastsr did the cot moving
that the master took the timber board with iana1
to export, dispose Of, uss or employ the same I.
ted States and in emitting the allegation that the %
Der was eut or taken from lands reserved 60. III
fourth nfsh and sixth counts substantially the
schooner sailed from Florida With the timber and assfy
with ton the Lat Of JAY, 1851 In this port rhs answer
the ves 81 to forfeiture for the causes alleged cop
mission executed in Florida, and the testimony a
.ttnssss: vas taken under IT, on the part Of the unse
commsicntr out Of conrt The libel aosa mot designate
the locus n gao by any more sIscinc description than that
the plaintiffs unknown; urged thst they make sum
cient title to the premises under the treaty Of oesson d
the oess}on L ausSsd upon it. faos The trssty esdss
all public ots and squares vacant lands, public edi6cs
forncatons barracks and other building which are no
private property" But the affords full proof thai
and also that grants Of lands Of edennts locaton I'D
S. Ali fights Of private property remains unaffected b
the treaty The legislation Of Congress, and tho adjad
oao.s Of the Une States courts from the period Of 80
that the United States did not become pYoprtors Of tn
whole Of the Floridas By tho 0sssion; on the coae
ways claimed private property under title paramount
that government It accordingly, necessary for PLATA
tins that the Wh1on tho Tim oer u
question was cut or taken vsls Il the time public pro
psrty The plaintiffs, on the healing and q their proo
slsss that The timber T. question was taken fr:a -
only evidence offered to the fact L. that hese lands
surveyed BY the United States surveyor and have ben
prevent trsspass and thu, the nth Of Juns, 1851
tries were made By individual Of parts atno io>in
rally UNDERWOOD in that region Of coanty that the Ustsd
States own lands adjacent to the St john river, o
fioula Nh lara afn -
Of the vessel given thai the timber ranspdtsd
BY her taken from either OF these lots. Indeed
dsclaratos OF one j. Pearson. II ID unnsesssaxy "a
criticize the vsrsons Of these declarations given BY az
create forfeiture Of the vessel a. against the in sss
other parties The vessel vent out from port h New
Jersey under charter from the master to Mr. 0riars
and BY him nsgnsd to Pearson TO load her wi,h
cargo Of timber. The sharsrsr accompanied the vsss
Pearson way the agent Of the master b
the timber to the eharterer without other
BY the master than bis repeated waraing not TO put
unsd Sas; On sSs1 The e .
cargo. Pearson not therefore, thu AGENT q IL
owners authorised By hi. declaration. 70 bnd then q:
their direct principal only vhsa made dura ~
coutnuanss Of the agency IN rsyasd TO snN otun oaa
y and Nosssl Undsr Tia sccsrss he d:ssi 49, q
adnissons Of he ehartsrer hfsel that he reosivod a
Sos,d a. Cn.xfSi CARO- s,sosns wosn not e -:
action because he had direct IMPLIED authority
employ the vessel In this case the offence charged
and the proof offered to support tie charge ID the adn
sion or agent Of the chartsrsr The testimony y a.
sstss timber being aSss On board ana vss assured b
the consgrees that Of this cargo came from ~
public lands. think on these poau, he defence -
Sss IN qa.oa VS. ssl.n nom The paS. and. 3ESo.s
proper authority and that the consgnss knowing IL
y e. ~ *: . sss
libel not 20 framed - TO sattis the plaiatns TO that
Ss,. Ss ss % =: ' sss q
grounds and csuses upon which forfeiture demanded
and they must bring By plain .vrms.t. the suppo:sd
1S.. soi s wS Sss IS n.
msstsr, whilst tie proof eoss no further than to np
cate the consgnss In acts which would legally forfeit
the vessel for n ny ,uds%sss the ssco.d ssd third
b rendered them, Il fully proved These eopat.
taking the timber board and Transporting It to New
York although the master ignorant that II had besn
taken from public lADcs DO not sceeds to this atsr:
ssy tnssr cut on land. q the unitsd States rssa7,
live oak or red cedar timber cut on any other lands q
the United States These two clauses Of the section
nsy Il pre1sd to he sst branch, and is rot repeated
n the second The argument on the part Of the Untd
States H. that the offence under the second CLAUSE 4
without regard to the scntd Of the accused party.
this constfuon OF the IL not ssnoaoned
by the and connection Of the ssntsuc
BY their general design and purport Ia the 6st in
stance whore II Il admitted fu must b charged In
the libel and proved trial In order to establish ~
offence the prohibited oct smbracsa I'VE OAK and cd
dAr equally with the other CLAUSE for II ntsrdio cutting
and carrying away any timber and ~ It rssses TO lands
would seem much to justify implied notice or
kpowecgs in the whos community Of the Unted tatss
ttls from the fact q such reriatio. %. psels us
than in the seoosd instance where spscde eot nssd
b By the United States byond accepting the 81.
sIcn Of the lAnds In order 10 bring the lands
within the protsctios Of this statute. II must
aeeordipsly b far less likely Mat tss comma
nifty. matter Of fAot u apprised that ssotloas
81 and 80 in this ease reserved belonged to the
United Statss than they had been surveyed reserved
and set apart .r the u:s Of the navy Ga this stss:
Congress would nposs the psnaly Of forfsisurs Of
cells engaged IN carrying away timber which had bses
knowledge Of, notice TO- the owner master, o. cor
sgnss Of ths vssss and woad 10 inct The sams
~ &c., A.