9 U.S. 311 (1809), U.s. v. Riddle

Citation:9 U.S. 311, 3 L.Ed. 110
Party Name:THE UNITED STATES v. RIDDLE.
Case Date:March 09, 1809
Court:United States Supreme Court
 
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Page 311

9 U.S. 311 (1809)

3 L.Ed. 110

THE UNITED STATES

v.

RIDDLE.

United States Supreme Court.

March 09, 1809

OPINION

ERROR to the circuit court of the district of Columbia, which had affirmed the sentence of the district court restoring certain cases of merchandise which had been seized by the collector of Alexandria, under the 66th section of the collection law of 1799, vol. 4. p. 388. because the goods were not 'invoiced according to the actual cost thereof, at the place of exportation,' with design to evade part of the duties.

The goods were consigned by a merchant of Liverpool, in England, to Mr. Riddle, at Alexandria, for sale, accompanied by two invoices; one charging them at 67l. 5s. 6d. the other at 132l. 14s. 9d. with directions to enter them by the small invoice, and sell them by the larger. Mr. Riddle delivered both invoices and all the letters and papers to the collector, and offered to enter the goods in such manner as he should direct. The collector informed him that he must enter them by the larger invoice, which he did. But the collector seized them as forfeited under the 66th section of the collection law of 1799, which enacts, 'that if any goods, wares or merchandise, of which entry shall have been made in the office of a collector, shall not be invoiced according to the actual cost thereof at the place of exportation, with design to evade the duties thereupon, or any part thereof, all such goods,' &c. 'shall be forfeited.' The same section contains a provision for the appraisement of the goods by two merchants in case the collector shall suspect that the goods are not invoiced at a sum equal to that at which they have been usually sold in the place from whence they were imported, with a proviso

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that such appraisement should not, upon the trial, be conclusive evidence of the actual and real cost of the said goods at the place of exportation.

Rodney, Attorney-General for the United States, contended, that as the goods were invoiced lower than their actual cost, with intent to defraud the revenue, they were not invoiced according to their actual cost with the like intent; and the goods having been actually entered, although not by the fraudulent invoice, they were within the letter of the law, and ought to be condemned. Besides, it does not appear that the higher invoice was according to the actual cost.

COUNSEL

Swann...

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