United States v. The Ruth Mildred, 286 U.S. 67 (1932)

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United States v. The Ruth Mildred


No. 795


Argued April 15, 1932
Decided May 2, 1932
286 U.S. 67

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. Revised Statutes, § 4377, which provides that any licensed vessel employed in any other trade than that for which she is licensed shall be forfeited, applies to a vessel licensed only for the fishing trade which carries a cargo of intoxicating liquors. P. 68.

2. Forfeiture under Rev.Stats., § 4377, is strictly in rem and (unlike forfeiture under § 26 of the National Prohibition Act) is not dependent upon a preliminary adjudication of personal guilt. P. 69.

56 F.2d 590 reversed.

Certiorari, 285 U.S. 534, to review the affirmance of a judgment of the District Court dismissing a libel brought by the United States to forfeit a vessel for breach of the navigation laws. Cf. the last two preceding cases.