Monstad

This is an appeal from a judgment of the district court denying to the United States recovery of a penalty against appellees, owners of the fishing barge Kohala, claimed by the Government to have been navigated without a certificate of inspection of the local inspectors of steamboats, required by 46 U.S.C. § 397 , 46 U.S.C.A. § 397 , 1 a certificate issued after the inspectors have satisfied themselves that the barge is of a “structure suitable” for her venture, here carrying fishing passengers and her crew, and that she is “in a condition” that makes her use in navigation “with safety to life.” 2 The complaint also alleged that she was without any part' of the equipment prescribed by 46 U.S.C. § 396 , 46 U.S.C.A. § 396 .

*987 It is stipulated that no certificate of inspection prescribed by § 395 of Title 46 U.S.C., 46 U.S.C.A. § 395 , has been issued “with respect to the Kohala,” and that she did not “satisfy” the inspectors with respect to “safety to life,” without which satisfaction that statute prevents the issuance of the certificate.

The statute claimed to be violated is as follows ( 46 U.S.C. § 398 , 46 U.S.C.A. § 398 ) :

The Kohala is a navigable seagoing barge,…