Fifty-one Casks of Brandy, (Hooper vs.)

Gale, (Carr vs.)

The Gertrude

Goddard v. Coffin

G.

H.

Hooper vs. Fifty-one Casks of Brandy

The Hull of a New Ship

The Huntress

252

J.

Jarvis, (United States vs.)

274

L.

The Leopard

193

M.

Marwick, In re

229

REPORTS OF CASES

DECIDED IN THE

DISTRICT COURT OF THE UNITED STATES

FOR THE

DISTRICT OF MAINE.

UNITED STATES VERSUS BARTLETT.

The enrollment of a vessel by a Collector, without the oath of one of the owners having been previously taken and subscribed in conformity with an act of Congress of Feb. 18th, 1793, sect. 2, is void, and does not confer on her the rights and privileges of a vessel of the United States.

A vessel thus enrolled is not entitled to claim the fishing bounty under the act of July 29, 1813, sect. 5.

If the bounty has been improvidently paid to a vessel so enrolled by the Collector, it may be recovered back by the United States in an action for money had and received.

Money paid by an agent under a mistake of the legal obligation of his principal may, it seems, be recovered back by the principal in an action for money had and received.

December Term, 1839. This was an action of assumpsit, brought by the United States, to recover back the amount of a fishing bounty, paid to the defendants, as owners of the Schooner Gleaner, for the fishing season of 1834. The jury returned a special verdict. The verdict finds that the vessel was employed during four months, in the fishing season of that year, in the cod fisheries, and if, on the facts agreed