24 F. Cas. 873 | U.S. Circuit Court for the District of Massachusetts | 1834
I do not think that the act for the government and regulation of seamen in the merchants’ service (Act 1790, e. ’56 [1 Story’s Laws, 102; 1 Stat. 131, c. 29]) has any bearing on the. present case. The third section of that act merely provides for the case, where the mate and a majority of the crew of a vessel bound on a foreign voyage, after the voyage is begun, and before the vessel shall have left the land, shall discover the vessel to be too leaky or otherwise unfit to proceed on the voyage; and under such circumstances it makes it the duty of the master to return to port. It does not. in the slightest man
I have had this subject a good deal in my thoughts during the progress of this trial, (and the point is certainly a new one); and the strong inclination of my opinion at present is, subject to be changed by any argument hereafter urged, that the defendants ought not to be found guilty, if they acted bona fide upon reasonable grou'nds of belief, that the ship was unseaworthy, and if.the jury, from all the circumstances, are doubtful, whether the ship was seaworthy, ni-even in a measuring cast should incline to believe the ship seaworthy. If she was
Upon these suggestions of the court, the district attorney said, that his own opinion coincided with that of the court, and that he would enter a nolle prosequi. But he had thought it his duty to bring the- case before the court. And the court said, that the case was very properly brought before it for decision.