Toichi Tomikawa v. United States

The United States filed its libel in ran, seeking forfeiture of the vessel Patricia and recovery of certain penalties said to have been incurred by appellant as master and owner of the vessel. The libel was in three counts. The District Court, after hearing the case, entered a decree dismissing the first count, sustaining the second and third counts, and granting the relief therein prayed for. This appeal is from that decree.

No appeal having been taken by the government, the action of the District Court in dismissing the first count of the libel is not before us for review. We are concerned only with the second and third counts. The second count seeks to recover penalties for an alleged violation of section 584 of the Tariff Act of 1930, c. 497, 46 Stat. 748 , 19 U.S.C.A. § 1584 . Section 583 of the act ( 19 U.S.C.A. § 1583 ) provides that: “The master of every vessel * * * bound to a port or place in the United States shall deliver to the officer of the customs or Coast Guard who shall first demand it of him, the original and one copy of the manifest of such vessel.” Section 584 provides that: “Any master of any vessel * * * bound to the United States who does not produce the…