“Debt for the penalty of 500 dollars against the defendant, master of a coasting vessel, for suffering the locks and fastenings, put on the hatches of the vessel, by an inspector of the customs, to be broken, contrary to the 54th section of the Revenue Collection Act of 2d of March, 1799, ch. 128. The defendant pleaded nil debet, on which issue was joined. At the trial, the vessel was proved to be a coasting vessel, and at the time when the facts alleged in the declaration took place, had recently arrived from North-Carolina into Boston, having on board a cargo of coals, flour, and about 20 boxes of Havana sugar. The defence at the trial did not turn upon a denial of the facts; but upon the ground that the 54th section of the Act applied only to vessels arriving from foreign ports, and not to vessels engaged in the coasting trade of the United States. The District Judge at the trial, was of this opinion, and so directed the jury, who found a verdict accordingly for the defendant. The District Attorney filed a bill of exceptions to this opinion of the Judge, and the present writ of error was brought to revise it.”
2 Mason 123