Page:Federal Reporter, 1st Series, Volume 3.djvu/816

EATCH V. STBAM-BOAT BOSTON. 809 �Subsequently, on May 13, 1880, the present libel in rem was filed against the said steam-boat to enforce, by the con- demnation and sale of the boat, the lien created by section 4469. Process having been awarded, the vessel M'as seized by the marshal, whereupon certain parties, claiming to be the owners of the boat, move the court to dismiss the libel and quash this proceeding. �In support of the motion eleven reasons have been assigned; but they may be reduced to fewer heads, and will be cûusid- ered in the foUowing order : �1. It is objected that the suit should be prosecuted in the name of the United States. But this proceeding is not to enforce any duties, taxes, penalties, or forfeitures, under sec- tion 919 of the Eevised Statutes. Section 4465, which im- poses the penalties in question, gives thom to "any person suing for the sarae." This plainly implies the right of the private party who proceeds to enforce the penalties to sue therefor in his o\rn name. �2. It is insisted that by bringing an action of debt against the master and owners of the boat, and prosecuting the same to judgment, the vessel was released from the lienof the pen- alties. The argument proceeds on the idea that a party suing for these penalties is put to his election to pursue one of two remedies, and that by adopting one he abandons the other. But this, it seems to me, is a mistaken view of the case. Section 4465 undoubtedly imposes upon the master and owners a personal liability for the penalties incurred; and it is equally plain that section 4469 makes the penalties a lien against the vessel. �Now, for the recovery of the penalties imposed on the mas- ter and owners personally, a common-law action of debt is the appropriate remedy. Chaffee V. U. S. 18 Wall. 516. The master and owners are certainly entitled to a trial by jury; but the lien against the vessel is to be enforced by a suit in «m in the admiralty. U. S. v. The Queeji, 11 Blatchf, 416; Benedict's Adm. §§ 301-3; The Lewdlen, 4 Biss. 156. These remedies are cumulative, and each is to be pursued in the appropriate forum. United States v. The Queen, ����