Page:Federal Reporter, 1st Series, Volume 3.djvu/580

 POLLOCK V. STEAM-BOAT SE A BIED. 573 �accordingly. The items relating to the 29 organs on which no profits were coUected, and 46 organs on which none were chargea, are disallowed. The residue of the report is aecepted a,nd confirmed, and a decree thçreupon ordered for the pay- ment of gaid sum, with interest to this sixth day of April, 1880, which amounts to $11,972.79,— making, in the whole, $161,011.79, — and for execution therefor. ���PoLLOOK V. Thb Stbam-Bôat Sea Bibd, etc. (District Court, 8. D. New York. August 31, 1880.) �1. Otekcrottoin» Stbambiî— Penalty— Libel—Rbv. St. § 4465.— Sec- �tion 4465 of the Revised Statutes provides that " it shall not be lawf ul to take on board of any steamer a greater number of passengers tlian is Btated In the eertiflcate of inspection, and for every violation of this provision the master or owner sliall be liable, to any person suing for the same, to forfeit the amount of passage money, and $10 for each passenger beyond the number ail owed." Edd, that the United States was not a necessary party to a suit instituted under this statute. �2. Bame — Same — Same— Samb.— fleid, further, that the libel need not �allege that the libellant was a passenger on such steamer. 3 Same — Same — Same — Same. — ffeld, further, that the libel need not allege that the libellant was an informer, or that he sued as an in- former, nor set out the names of the passengers taken on board. �4. Bame — Same — Same — Same. — Seld, further, that the statute gives a separate penalty for every violation of the act. �6. Bame— Same— Lien — Admibalt/ Jurisdiction — Rbv. St. } 4469 �Section 4469 of the Revised Statutes provides that the penalty im- posed by section 4465 "shall be a lien upon the vessel in each case, but a bond may, as provided in other cases, be given to secure the satisfaction of the judgment." Held, that this language gave a direct remedy against the vessel in admiralty for the recovery of the penalty. �The Missouri, 3 Ben. 508; 9 Blatchf. 433. Tfie Queen, 4 Ben. 237; 11 Blatchf. 416. �6. Bame- Lien- Admiralty Jurisdiction. —Rbv. St. ^Ufi^.—Held, further, that any court, within whose territorial jurisdiction the ves- sel might be at the time of the commencement of the suit and tho attachment of the vessel by the marshal, had jurisdiction of the cause. �H. G. Atwater, for libellant. �D. McMahon and Turner, Lee d McClure, for claimant. ����