The Luminary
21 U.S. 407 (1823)

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U.S. Supreme Court

The Luminary, 21 U.S. 8 Wheat. 407 407 (1823)

The Luminary

21 U.S. (8 Wheat.) 407

Syllabus

A case of forfeiture under the twenty-seventh section of the registry of Vessels Act of December 31, 1792, c. 146, for the fraudulent use of a register, by a vessel not actually entitled to the benefit of it.

Where the onus probandi is thrown on the claimant, in an instance or revenue cause, by a prima facie case, made out on the part of the prosecutor, and the claimant fails to explain the difficulties of, the case, by the production of papers and other evidence, which must be in his possession, or under his control, condemnation follows from the defects of testimony on the part of the claimant.

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