The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-16


tons burhtn and within the jurisdiction Of this court
in consequence Of certain acts therein set forth, and
committed At the port Of New York had become for
fefted to the United States. And the prayer OF the
LIBEL 10 In substance, that she may, in such southern
district Of New York. DO seiEd BY virtue OF warrant
the court be udiciay determined whether such for.
feitvre has Teen incurred There Is allegation in
the hbel that the ship had been seized by any Gus.
with legal authority. The prayer, In substance is,
that she may be seized by virtue OF warrant ISSUED by
the ana ned % snswe TO the charges in the libel
Of seizure ssusd by the court directed to the
marshal by virtue Of which, he, the marshal within
the limits Of his district took the ssesscn and custo
y Of The ship. The exception Is that prior TO the
ding Of the libel the ship had been seized by any
one having ssl authority to seize that prior to that
having legal authority to take possession Of her. that
although sufficient facts set forth in the libel to
forfeiture Of the ship that that forfeiture CON
not enforced for the that for that forfeiture
the ship, prior to the filing of the libel had not been
seized BY any custom house officer that unless there
such seizure taking possession OF the ship prior
TO the filing Of the libel BY having legal autho
ry the court has legal TO act either In grant
ing ~ 70 ., ~ .hs
have been issued and served that under such
process, when there has been prior sez-
and giving the court, which issues the process,
and under and by virtue Of which the seizure or TAX
ing possession is had, no power to jndiciay inves-
tigate the Of forfeiture in the libel set forth.
1t very clear, where sufficient of forfeiture
lists against ship that cause Of forfeiture cannot be
District Court Of The United States. To authorize any
District Court to adjudcate upon such Of forfeit
ure such ship must be within the jurisdictona limits
within the reach and under the control Of the pro-
of such court and such ship must be taken pos
session Of seized BY the Of the court And to
such court Jurisdiction 10 adudcae the cause
Of forfeiture the frat seizure taking possession, by
some having legal auth orty, must be made within
the limits Of the district in which the court is estab
liahe before car adludicatA guch
Of forfeiture unless the FIRST seizure ia made
upon the high seas, in which the ship must be
question full and satisfactoryh Abby, Mason,
SCI. Keene agt. United States, 8 Cranch 304 Brig
Little Ann, Paine G. R. o. The Ontario Gslson
taking possession of the ship by legal authority Is not
upon the high seas, that there must be seizure
make such seizure within the jurisdiconal limits Of
the court before the court can adudicate upon the
Of forfeiture and that that seizure must be the
first seizure. The question is presented what is sum
cient seizure of the ship to enable the court to inquire
into and to adudcate upon the question Of forfeiture?
given lin by the 50th section of the l79 only
does for the purpose Of holding the property seized
until it be taken possession Of BY the marshal BY
virtue Of the warrant Of seizure which upon tho
filing the libel. When the marshal seizes BY virtue Of
the warrant which issues then the possession Of the
custom house officer is Invested and the marshal takes
possession by virtue Of his warrant Of seizure {Ec
pdre Jesse Hoyt, Is Peters, r. 279) IT, has been
conceded by the respondents the right OF the court to
uepenueut PRIOR Oh seizure Dy
custom house officer then If for any cause Congress
should take away the right Of custom house officer TO
seize which be has by virtue of the 5Oth section
Of the act Of 1892 that the section above referred to
should provide only that the ship for the in
such section mentioned, should be forfeited to the
United States, 1t would follow in such event. that
proceedings could be had before any court to
enforce such forfeiture. BY seizure, in the 9th
section of the of Congress Of 1892 mentioned is
meant any taking possession Of the thing forfeited by
virtue Of warrant or other legal authority for the
purpose Of enabling the proper court to confirm it, and
to adjudicate upon the cause OF forfeiture. BY the
courts ordering warrant Of seizure to ISSUE 1t does
not adjudicate upon the question Of forfeiture. By go
doing it only takes step to enable IT to adudicate
pas Hoyt is Peters, S7s speaks Of the act Of
the marshal in taking possession Of the property libced
under and by virtue Of the warrant Of attachment
selves the goods the proper process Of his
court, &c" And Judge Livingston in the case of the
Little Ann, Paine G. G r. 49, remarks, "that lin that
case) it is not necessary to inquire whether libel may
not in be fed without previous seizure,
because seizure is here stated which 1t Is admitted
not within this district upon the high thereby
strongly ntmating that II could The only object of
seizure by Custom House officer is, that the property
may be taken possession Of seized by the marshal
1t is necessary that there should be seizure before the
court adudicate upon the Of forfeiture And
20
less there has been prior legal seizure in other
district seizure on the high seas, and the pro-
perty brought in some other district seizure by
custom house officer is essential prerequisite
give the court authority judcia to inquire into the
OF forfeiture seizure by the marshal under his
warrant OF seizure, is sufficient to this conclu-
sion the readily, II seems to have been
practice among the district attorneys for this dis
trct 10 frame bels for foretures without alleging any
prior seizure by a custom house officer
The other exception is to the sucisncy Of certain
counts in the be contained by the dftieth section Of
the of $780, the ship forfeited unless the goods
unaden within port Of the value Of four hundred
dollars. Ia Of the counts Of the libel the value of
the goods unaden alleged to be Of less value than
four hundred dollars Such counts Of the libel there
FORE aege the value Of the goods unaden to be less
than four hundred dollars must be audged to be nef
fcient The exception to such countss we'll taken The
judgment Of the court therefore, that the court has
cept those counts thereof in which it lie alleged that the
value of the goods unaden less than four hundred
DOLLARS and that such counts be adjudged to be insult
cent.