New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-08-07
VICTORY FOR YACHT OWNERS.
DECISION an THE LIGHT MONEY. CASE.
JUDGE BENEDICT HOLDS THAT AMERICAN
OWNERS OF ENGLISH BUILT BOATS NEED
NOT PAY A DUTY on THEM.

NOT PAY DUTY ON THEM.
Judge Benedict who is sitting in place Of Judge Nd
olson Brown OF the United states District Court who Is
in Europe gave an important decision yesterday in
the "light money case" which has excited much in
terest among yacht owners. His decision is squarey
against the imposition of the duty and will free the
American OF Englshb built yachts from the pay
mcnt OF so cents ton which Collectors have demanded
The suit arose over the schooneryac Miranda, which
was built in England, and was purchased by George
III. y. HILL American citizen. in 1886. Mr.. lilli
produced before the Collector al NewYork soon after
the purchase his bill OF sale Of the Miranda. with
proof Of his United states citizenship. and the Collector
In accordance with a regulation of the Treasury De
partment recorded the bill OF sale in his office and
lndorsed thereon certificate under his official seal,
saying that the bill OF sale held by Mr. Hill "is IN
form and substance valid and effective In law, ana
has been duly recorded In office, and that the SAID
GeorgeH. b. liill Is citizen of the United states
Provided with this document, Mt. IIl has crlised
about the waters of this coast, but on July 49, when
his Yacht arrived at New-York from Vineyard Haven and
anchored of Bay Ridge. the Collector demanded pay
ment of light money for the yacht under the provisions
Of Section 42s5 of the Revised Statutes winch says: "A
duty Of so cents per ton, to be denomlnated hght
money, shall be levied and collected ON all vessels
not Of the United states which may enter the ports
of the United States." The yaehtowner claimed ex-
enption from the payment under Section 4,226 which
reads "The preceding section shall not be deemed TO
operate upon unregistered vessels owned by citizens OF
the United States, and carrying Sea-lcttcr or other
regular document issued from custom house of the
United states, proving the vessel TO be American
property
Mr. Hin and his counsel J. LangdOn Ward, declared
that the Collectors certificate such document as
the law required. DlstrctAttOrney Mitchell thought
otherwise but Judge benedict did not agree with Mr..
Mitchell's view of the law
The Miranda had other grounds on which exemption
was claimed. especially because 1t enrolled In
the ROYAL Thames Yacht Club Of England. and the
law provides that yachts belonging to regularly OF
gained Yacht club Of any foreign nation extending
like privileges TO the yachts of the United states shall
have the privilege OF freely entering leaving any
port OF the United states. The District Attorney
besides attacking this argument labored to show
that the vessel not of the United states,
because il was not built in this country, and that
IL was not exempt under section 4,226 The thlrd
md fourth reasons given by Mr.. Hill, the claim
ant TO sustain his argument Because the vessel
does not belong TO the class of vessels upon which the
provision for light money intended II operate.
and Because the certificate issued from the Custom
House on september Is, 1856 is regular document
proving her TO be American property within the
meaning of Section 226. and she is by virtue of that
section exempt from liability TO pay light money"
Judge Benedict after abiding to other points made
hy the defendant SAYS This decision is based upon