United States v. Gilbert
United States v. Gilbert
Opinion of the Court
A libel was brought by the United States against the Gas Screw “Nassau Clipper”, to forfeit her under 46 U.S.C.A. § 60. The ground for forfeiture alleged was that M. L. Gilbert did execute an oath for enrollment and license of said vessel, a copy of which was exhibited, and did swear therein that the vessel was wholly the property of
To obtain enrollment of a vessel the same procedure is in general required as for registry. 46 U.S.C.A. § 252. The oath for registry is specified in 46 U.S.C.A. § 19, and includes a detail of the name, place of abode and citizenship of co-owners, and the proportion owned by each. The statute, 46 U.S.C.A. § 60, amended Aug. 5, 1935, 49 Stat. 528, provides : “Whenever any certificate of registry, enrollment, or license * * * is knowingly and fraudulently obtained or used for any vessel, such vessel, with her tackle, apparel, and furniture, shall be liable to forfeiture.” No unusual particularity is required in the allegations of a libel for forfeiture. Admiralty Rules 21, 22, 28 U.S.C.A. following section 723. We think this libel sufficiently charges that the certificates of enrollment and licenses for this vessel were knowingly and fraudulently obtained by making an intentionally false oath which suppressed the co-ownership of others. The allegation that the names and ad- . , ,, , dresses of the co-owners are unknown to , , T the libellant_ excuses not naming hem It may be, as is argued, that the alleged co-owners have only equitable interests which need not have been mentioned in the oath, or that they are all citizens of the United States so that ^ there was no fraudulent purpose in not disclosing them. Those matters may be dealt with if they arise upon a trial. We do not think the libel ought to have been dismissed without hearing.
Reversed.
Reference
- Full Case Name
- UNITED STATES v. GILBERT. THE NASSAU CLIPPER
- Status
- Published