OpenJurist

107 US 320 United States v. Phelps

107 U.S. 320

2 S.Ct. 389

27 L.Ed. 505

UNITED STATES
v.
PHELPS and another.

March 26, 1883.

[Syllabus from page 320 intentionally omitted]

[Statement of Case from pages 320-321 intentionally omitted]

Asst. Atty. Gen. Maury, for plaintiff in error.

[Argument of Counsel from 321-322 intentionally omitted]

Charles M. Da Costa, for defendants in error.

WAITE, C. J.

Sec

1

tion 2928 of the Revised Statutes, a re-enactment of section 21 of the act of March 1, 1823, c. 21, relates alone to merchandise taken from a wreck, and does not in any manner affect the proceedings under section 2927, a re-enactment of section 52 of the act of March 2, 1799, c. 22, to obtain an appraisement for an abatement of duties on account of damages to goods during a voyage. What was said in Shelton v. The Collector, 5 Wall. 118, to the contrary of this is disapproved. The subject is so fully and carefully considered in the opinion of the court below that we deem it unnecessary to do more than to refer to the report of the case in 17 Blatchf. 312. The judgment is affirmed.