The Calypso

Good Law
145 C.C.A. 156·230 F. 962·1916 U.S. App. LEXIS 1508
United States Court of Appeals for the Ninth CircuitFebruary 14, 1916No. 2545California967 words

Opinion

lead Opinion

Rudkin, J.

The present libel was filed in the court below to forfeit to the United States the gasoline launch Calypso, her *963 boats, tackle, apparel, furniture, and cargo, for a violation of section 10 of the act of Congress of May 6, 1882, entitled “An act to execute certain treaty stipulations relating to China” (22 Slat. 58), as amended by the act of July 5, 1884 ( 23 Stat. 115 ). The section in question provides as follows:

The launch in question was built for the respondent, Sassaman, and one Pettenger during tha year 1912 at a cost of about 810,000. Of this sum Sassaman contributed $5,000 and Pettenger $1,000. Seven hundred and sixty dollars advanced by the Los Angeles Creamery Company, secured by two mortgages on the launch, and $3,400 advanced by one Singleton and secured by an agreement for a mortgage ou the launch, make up the balance of the construction cost. The launch was owned jointly by Sassaman and Pettenger, the former owning a five-sixths interest and the latter a one-sixth interest. On the 22d day of May, 1913, Sassaman was regularly enrolled as master of-the launch by the collector of the port of Los Angeles, and thereafter, by his request, and with his consent, Oren…

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