The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-12
BROOKLYN COURTS.
UNITED STATES DISTRICT COURT.

A New Question-ssRcd Tape" Dispensed,
With-Direct Payment of Claims
Against Property scixed-An Inn
pOrtant Decision by Judge Benedict
Yesterday.
The United States vs.. The Brig Monte Cristo.-
In the above case tried yesterday before Judge
Benedict, HIS Honor delivered the following argu-
ment, In which ne said
The question here presented by the District Attorney
nor can ascertain that il has brought under
consdcra in the practice OF OF the departments
Of the government It arises as follows:-rhee brig
the Tned states under section q the act Of July Is
SS q s a. Be- "s rher nSac hS any
certificate of registry, enrolment or license, or
vessel shall be knowingly and lranduieny obtained or
used for any vessel not entitled to the benefit thereof
be liable % forfeiture the proceeds Of this forfeiture
e ess IN be e"s ae
fourth OF the proceeds No question was made as to
to this portion and due PROCEEDINGS had have
Ts'nea IN the % e% es a
to determining whether the various parties sntied
Of their their share directly rom the registry Of the toart
Former decisions have let this qdesiSn one Ct pro
BY whomever the fund is distributed the por:
S s entitled ats ceo It to be
the net Of March 1867 a. stat at large p @
the aa 10 Be be u er e
with order of distribution The act Of March 1867,
Cured under 1.-THE provisions Of the laws relating to the
and Of s a na Of no @ be hes cd h
provision Of the law relating TO the customs 40 not
solely to the use OF
enrolment or license Of ships and vessels would
uray be described provision Of law relating to the
we'll known class Of statutes IN instances certainly
treated as distinct from the laws e to the customs
der which the forfeiture has been incurred where the
licensing This
may wei be supposed 70 have been in view in drafting
Guiding twenty fourth section OF the act OF July Is 1866
aioIisiars ,ncnT5sa under section q sae act
then and naturally to the Provisions n section 81 Of the
where 'i s ' ali
virtue Of that ACT shall be disposed Of and applied las
seson prevSes for shares into Which forfeiture
s aRS ons s s
e ss 70 ss s9d an. sd
unless there be an ntormer IN which case onehal the
TO- f' SS the ns WSl sns s to s
he surveyor Of their respective shares is mentioned
in gross 10 the Collector The words the section taken
ppyment Of The fund to the Collector into The Treas
I and that such m ,Sa not rS BY
the act Of @ does r1yde for Of The ana IN
TO that section is omitted in the thirtynrs the
of 1856 and only section 81 mentioned. which section
while il fixes the shares does not, has been said
tborlze any payments thereof 10 any but the parties
titled thereto only that moicty TO be received
IN the Collector for the OF the United States
/ arrive at the conclusion that the parties are
PAYMENT DRECTLY REGISTRY
OF the Court the readily because reason ha,
been suggested tor sending the fund through the hands
various officers OF whom, under the law have any
discretion as to Its application nor derive any advantage
from its disbursement No duties other charges tt
be deducted from IT. and nothing whatever that car
imagine would be gained from different construction o
vnIl Ia n1cb n
be thereby TO all the parties entitled 10 the fund
My Determination therefore. that no statute authorizes
this fund otherwise than to the parties
titled thereto ny law and that the only iawiui disposi
ton the fund which be made by the Court Il
pay moiey to the Collector the Port for the
The nited States, fourth TO the iDtorBer and one
twelfth the Collector tor his own one twelfth /,
the surve yor and one-twefth " the Naval Officer.