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CIRCUIT COURT OF THE UNITED STATES,
NEW-YORK, APRIL TERM, 1810, AT NEW-YORK.
Hon. BROCKHOLST LIVINGSTON, Associate Justice of the Su.
THE BRIG ISABELLA.
The Collector having been clothed with a discretion, under the embargo laws,
to grant permits to such foreign vessels as were allowed to depart with their cargoes, to take on board necessary sea stores and provisions ; the Court refused to decide, in a case where a permit had been granted, that the sea stores taken on board were more than were necessary, it not appearing that there
was any fraud. And where it had been the practice at the custom-house, in such cases, to cono
sider arms and ammunition for the defence of the vessel as sea stores, the Court refused to adopt a different construction.
LIVINGSTON, J. The libels in this cause state
That the brig Isabella being a British vessel, and in the port of New-York on the 1st of May, 1808, and being bound to a foreign port, had then and there notice of the act laying an embargo, and on the 5th of the same month, at the city of New-York, took on board certain goods, wares, and merchandises, to wit: six cannon, two gun-carriages, ten planks, an arm chest filled with small arms, thirteen casks of powder, six barrels of flour, three hundred cannon balls, other than the provisions and sea stores necessary for the said voyage. That she afterwards proceeded with the said goods, &c.