United States v. McElroy

Citations

• 115 F. 252
• 1902 U.S. App. LEXIS 4201

Syllabus

<p>1, Action — Form—To Recover Fixed Penalty — Debt.</p> <p>Under 23 Stat. 332, § 3, providing that a person knowingly assisting the importation of any alien into tbe United States under a contract to perform labor or services therein shall forfeit $1,000, which may be sued for and recovered as debts of like amount are now recovered, and also on general principles, an action for debt is the proper form for the recovery of such penalty, the sum being certain.</p> <p>8. Same — Declaration—Specifying Service.</p> <p>In an action to recover the penalty imposed by 23 Stat. 332, for assisting the importation of an alien into the United States under a contract to perform labor or services therein, a declaration alleging that he was “to perform labor and services as a workman in a certain factory or manufacturing plant of said defendant, and not as private secretary,” etc., — negativing the various specially excepted classes, but not otherwise showing the character of labor or services in which he was to be employed, — is insufficient, being too general.</p> <p>8. Same — Assistance—Specification of Acts.</p> <p>In an action to recover the penalty imposed by 23 Stat. 332, for assisting the importation of an alien into the United States under a contract to perform labor or° services therein, a declaration alleging, in the language of the statute, that defendant “assisted, encouraged, and solicited” the immigrant, without showing what acts of assistance, etc., were rendered, is insufficient1</p>