EVANS v. BOLLEN, 4 U.S. 342 (1800)
U.S. Supreme Court
EVANS v. BOLLEN, 4 U.S. 342 (1800)4 U.S. 342 (Dall.)
Evans, qui tam, &c.
v.
Bollen.
Circuit Court, Pennsylvania District.
April Term, 1800
THIS was a qui tam action, in which the following declarawas filed:
and by force of the statute in such case made and provided, an
action hath accrued to the said John, who sues in this behalf, as
well for the said United States, as for himself, to have and demand
of and from the said George the said sum of two thousand dollars:
yet the said George (although often requested) hath not paid the
said two thousand dollars, or any part thereof, to the said John,
who in this behalf sues for the United States as well as for
himself, but the same to him to pay hath hitherto wholly refused,
and still doth refuse, to the damage of the said John, who sues as
aforesaid, five hundred dollars. And thereof he brings suit,
&c. 'Pledges, &c. JOHN DOE. RICHARD ROE. Joseph Thomas,
attorney for plaintiff. The action was founded on the act of
congres, 'to prohibit the carrying on the slave trade, from the
United States to any foreign place or country,' (3 vol. 22. Swift's
edit.) of which the following were the material sections, in the
discussion: Sect. 1. 'Be it enacted, &c. That no citizen or
citizens of the United States, or foreigner, or any other person
coming into, or residing within the same, shall, for himself or any
other person whatsoever, either as master, factor, or owner, build,
fit, equip, load, or otherwise prepare any ship or vessel, within
any port or place of the said United States, nor shall cause any
ship or vessel to sail from any port or place within the same, for
the purpose of carrying on any trade or traffic in slaves, to any
foreign country; or for the purpose of procuring, from any foreign
kingdom, place, or country, the inhabitants of such kingdom, place,
or country, to be transported to any foreign country, port, or
place whatever, to be sold or disposed of, as slaves: and if any
ship or vessel shall be so fitted out, as aforesaid, for the said
purposes, or shall be caused to sail, so as aforesaid, every such
ship or vessel, her tackel, furniture, apparel, and other
appurtenances, shall be forfeited to the United States; and shall
be liable to be seized, prosecuted, and condemned, in any of the
Circuit Courts, or District Court for the district, where the said
ship or vessel may be found and seized. Sect. 2. 'And be it further
enacted, That all and every person, so building, fitting out,
equipping, loading, or otherwise preparing, or sending away, any
ship or vessel, knowing, or intending, that the same shall be
employed in such trade or business, contrary to the true intent and
meaning of this act, or any ways aiding or abetting therein, shall
severally forfeit and pay the sum of two thousand dollars, one
moiety thereof to the use of the United States, and the other
moiety thereof to the use of him or her who shall sue for and
prosecute the same.'- [4 U.S. 342, 344]
U.S. Supreme Court
EVANS v. BOLLEN, 4 U.S. 342 (1800) 4 U.S. 342 (Dall.) Evans, qui tam, &c.v.
Bollen. Circuit Court, Pennsylvania District. April Term, 1800 THIS was a qui tam action, in which the following declarawas filed: