Page:Federal Reporter, 1st Series, Volume 5.djvu/230

 218 3FJ!;dbp.aIj kkpobtek. �cargo. If the cargo bas beenlanded and waiehoused, a sepa- rate arrest of it must be made. If the marshal or his substi- tutes are denied access to the warehouse where the cargo is, the arrest may be made by showing the original warrant to the -warehouse keeper and leaving a copy with him." �In Miller v. U. S. ut supra, 296, the court say : "The modes of seizure must vary. Lands cannot be seized as movable chattels may. Actual manucaption cannot be taken of stocks and credits. But it does not foUow from this that they are incapable of being seized within the meaning of the aet of congress. Seizure may be either actual or constructive. It does not always involve taking into manual possession. Even in case of chattels movable, taking part of the goods in a houBC under a Ji. fa., in the name of the -whole, is a good seizure of ail. An assertion of control, with a present power and intent to exercise it, is sufficient." The right which this libel is brought to enforce is a maritime lien for the freighi due on transportation of the goods. It is a right which, as againstthe owner or consignee of the goods, entitles the owner of the vessel to retain them till the freight is paid. His sur- render of their custody to the collector as security for the duties, which is a paramount claim, but one which the owner of the vessel cannot himself discharge, does not impair his rights or his lien against the owner. He cannot hold the goods against the government while the duties are unpaid; but, if the duties were paid, it seems that his lien and consequent right of possession till payment of the freight would still be perfect and unimpaired by his enforced delivery of the goods to the collector. It was apparently in recognition of this right of the ship-owner that congress passed the act provid- ing that the ship-owner might notify the collector that the freight was unpaid, and that in such case the goods should not be delivered to the consignee upon his paying duties unless the freight is paid. Eev. St. 2981. The custody and possession which the collector bas for the enforcement of the payment of the duties, though they cannot of course be inter- fered with, are therefore not so absolute as to exclu de ail assertion of "conttol, with a present power and intent to exer- ����