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![handle is hein.slavery/ussccases0074 and id is 1 raw text is: CASES IN THE SUPREME COURT
1823.
The
.Mary Ann.
[INsTANCE COURT. SLAvE TRADE ACT.]
The MARY AN.N. PLUMER, Claimant.
A libel of information, under the 9th sec. of the Slave Trade Act of
March 9.d, 1807, c. 77. alleging that the vessel sailed from the
ports of New-York and Perth.Amboy, without the captain'; having
delivered the manifests required by law to the collector or 8urveyor
of.New-York and Perth Amboy, is defective; the act requiring tho
manifest to be delivered to the collector or surveyor of a aingle
port-
Under the same section, the libel mUst charge tlhe vessel-to be of'tho
burthen of 40 tons or more. In general, it is sufficient to chargo
the offence in the words directing the forfeiture; but if the words
are general, embracing a whole class of individual subjects, but
must necessarily be so construed as to embrace only a subdivision
of that class, the allegation must conform to the legislative sense
and meaning.
Where the libel is so informal and defective, that the Court cannot
enter up a decree upon it, and the evidence discloses a case of for-
feiture, this Court will not amend the libel itself, but will remand
the cause to the Couri below, with directions to permit it to be
amended.
APPEAL from the District Court of Louisiana.
This was an allegation of forfeiture, in the Court
below, against the brig Mary Ann, for a violation
of the act of March'2d, 1807, c. 77. prohibiting
the importation of slaves into any port or place
within the jurisdiction of the United States, from
and after the 1st. day of January, 1808. The
libel contained two counts. The first alleged, that
the brig Mary Ann, on the 10th of March, 1818,
sailing coastwise from a port in the Ul ited States,
to wit, the ports of New-York and Perth Amboy,](ViewImageLocal?handle=hein.slavery/ussccases0074&div=1&collection=&method=preview&ext=.png&size=3)