The Appollon - 22 U.S. 362 (1824)


U.S. Supreme Court

The Appollon, 22 U.S. 9 Wheat. 362 362 (1824)

The Appollon

22 U.S. (9 Wheat.) 362

Syllabus

A decree of acquittal on a proceeding in rem without a certificate of probable cause of seizure, and not appealed from with effect, is conclusive, in every inquiry before any other court that there was no justifiable cause of seizure.

The French Tonnage Duty Act of 15 May, 1820, c. 125, inflicts no forfeiture of the vessel for the nonpayment of the tonnage duty. The duty is collectable in the same manner as by the Collection Act of 1799, c. 128.

The twenty-ninth section of the Collection Act of 1799, c. 128, does not extend to the case of a vessel arriving from a foreign port and passing through the conterminous waters of a river, which forms the boundary between the United States and the territory of a foreign state, for the purpose of proceeding to such territory.

The municipal laws of one nation do not extend in their operation beyond its own territory except as regards its own citizens.

A seizure for the breach of the municipal laws of one nation cannot be made within the territory of another.

It seems that the right of visitation and search, for enforcing the revenue laws of a nation may be exercised beyond the territorial jurisdiction upon the high seas and on vessels belonging to such nation or bound to its ports.

A municipal seizure cannot be justified or excused upon the ground of probable cause unless under the special provisions of some statute.

The probable profits of a voyage, either upon the cargo or freight, do not form as item for the computation of damages, in cases of marine torts.

Where the property is restored after a detention, demurrage is allowed for the detention of the ship, and interest upon the value of the cargo.

Where the vessel and cargo have been sold, the gross amount of the sales, with interest, is allowed, and an addition of ten percent sometimes made, where the property has been sold under disadvantageous circumstances.

Counsel fees may be allowed, either as damages or costs, both on the instance and prize side of the court.

Page 22 U. S. 363



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