1000 170-172

1034

1146

1147

651 1147

1148

1149

1150

1151

THE DECISIONS

OF THE

Supreme Court of the United States,

AT

JANUARY TERM, 1850.

1*] *THE UNITED STATES, Appellants,

V.

BURROUGHS E. CARR and John Peck, Claimants of sixteen boxes of Havana Sugar, Twelve Baskets of Champagne Wine, etc.

THE UNITED STATES, Appellants,

V.

BURROUGHS E. CARR and John Peck, Claim-
ants of Ten Boxes, Twenty Half Boxes, and
Six Quarter Boxes of Raisins, Four Kegs of
Grapes, etc.

Manifest-goods imperfectly described in―omis-
sion to describe-penalty-statute.

The sixteenteh section of the Act of Congress passed on the 18th of February, 1798, entitled "An Act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries and for regulating the same" (1 Stat. at Large, 305), prescribes the manner in which foreign merchandise shall be specified in the manifest of a vessel going coastwise, and imposes a pecuniary penalty upon the master for failing to comply with it; but does not forfelt the goods.

The forfeiture provided in the seventeenth section was intended to apply to cases where the foreign merchandise was not included at all in the manifest, and not to cases where it was included in fact, although not with legal precision, and where there was no bad faith. The Act of May 81st, 1844 (5 Stat. at Large, 658) gives jurisdiction to this court in revenue cases without regard to amount, only where the judgment is rendered in a Circuit Court of the United States. Therefore, where the case brought from the Court of Appeals for the Territory of Florida, and the amount in controversy did not exceed one thousand dollars, the case must be dismissed for want of jurisdiction.

T

was

HESE two cases were brought by appeal from the Court of Appeals for the Territory of Florida, and were argued together. The questions involved were the same in both. The first of the two cases was this:

In January, 1844, the schooner Hope W. Gaudy was about to sail from the port of New York to that of St. Augustine in Florida, the vessel being licensed for carrying on the coasting trade. Maurice Gaudy, the captain of the

NOTE.-Jurisdiction of U. 8. Supreme Court de

schooner, produced to the collector of New York the following manifest, viz.:

Maurice Gaudy.

8. 8. P.

J. M. H.

Marks.

January 13th, 1844. den one hundred and forty tons, bound from New York for St. Augustine, Fla., Manifest of the cargo on board the schooner Hope W. Gaudy, Gaudy, master; bur

C. Burt & Co. 8 Eleven do.

mdse.
fourteen
B. E. & C. Co. 1 Eighteen hundred and
2 Three pack. mdse.
packages

No. Packages and contents. Shippers. Residence.

The oath taken by Gaudy,

sail granted by the collector of New York, were as follows:

L

I, Maurice Gaudy, master of the schooner Hope W. Gaudy, do solemnly swear to pendent on amount. Interest cannot be added to D. C. the truth of the annexed manifest; and give jurisdiction. How value of thing demanded that, to the best of my knowledge and can be shown. See note to 7 L. ed. U. S. 592. belief, all the goods, wares, and merchandise