The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-16
u 8. Circuit Court.

Pefore Chief Justice Nelson.
NAY 1b.-1he United States Us. the Steamboat Mdnhdt
tan.-NEsoN, c. J-Ths is q ioel Of information 6ed
by the government against the steamboat Manhattan
to recover penalty Of $500 for not complying with
OF the regulations of the act Of Congress- passed Aug
10 1852 for the better security Of the lives Of
gers on board vessels propelled by steam. The drst
enrol ment under the provisions OF this the act to
which this IL an Amendment, shall BE- granted other
papers issued by anycocter to any vessel propelled
whole or in part by steam and yng passengers
til be shall have satisfactory evidence that all the pro vi
sops CT this act shall have been fully complied WITH
gers on board without complying WITH the terms Of shi.
act the owner thereof and the vessel ITSELF shall b
subject to the penalties contained in the second
section OF this act, TO which this Ia amend
ment. Tilt. & BIZ. Ed, Laws 1872 p ell The
second section OF the act referred to imposes q
sss not IL the ny
formation in this csse the neglect to obtain from the
Collector o. the Customs certified copy Of tbs cere6
Gates Of the Board Of inspectors TO the seaworthness
Of the vessel proper condition Of the steam sch merry,
suitable nodatops for the passengers &C. which
they required 70 deliver to that officer BY sec. Of
tie act is not charged that the proper certificate as
prescribed by the act mad not been given by the
tors and it had BEEN we are not sue that IT would
have helped the have not been abe to and
any provision the act making this the special duty Of
the owner Unless the inspection hiss been made, and
the license registry and enrolment, and the vessel de-
prved of her American character and AL the rights and
IIiytges belonging TO IL Congress may have tnoaght
this sufficient security that the owIer would see to the
procuring OF the certificate. But be this "a IT may, the
charge here for emitting TO procure the certificate
OF the Inspector. but for emitting to obtain from the Col
eccr certified copy Of it, Now, the only provision on
this subject 10 founo section rs Of the act. Fhat
quires that the Collector shall keep ale the original
certificate delivered to him by the inspectors and shall
give to the master or two certified copies te,eo
one which shall be placed in some conspicuous part
OF the vessel where be seen BY the passenger
and kept there all times; the other to ne retared
by such master owner evidence OF the authority
thereby conferred and then provides, O. And II aoy
person shall receive any Passengers on board
apy such steamer, not having csrtieed copy Of the
certificate Of approval required by this act placed
and kept as aforesaid" ANAL forfeit and pay for
each ofencs SlCO, to recovered BY action of debt
in any court Of cempetent Jurisdiction" Now, the
argument on behalf Of tie government il, that the
orsistion TO obtain this certified copy OF the GER
iificate a. required il mplance With tine terms
OF the within the OF and the owner and
vesse tse therefore, subject TO the penalty In the I'd
sec OF the act Amended which $500. But the obvious
spswer is, that, respects this particular acucom
III apce the emission to obtain certified copy or the
certificate the twenty uftb section which imposes the
duty prefcib<s the penalty and limits II TO $50 for
each o.pce be recovered in action of debt and
having specifically prescribed the penalty and mode
at recovery 1t takes the Of the ge-
p.rs description given IN the first section. The Aryu
vcslo carry the length Of inacting both penal
lies the particular com ance With the act
paped Of We have bseo more particular In stating the
grounds Of decision understand several
are psncipe involving The question, under the act
o. 1852. Decree below affirmed