Mahlon Pitney

“ There is no difficulty, on constitutional or other grounds, about assessing an unliquidated fine in the admiralty; *273 and, if it be not a proceeding for enforcement of a penalty or forfeiture incurred under a law of the United States within the meaning of the ninth subdivision of section 24, Judicial Code (Comp. St. § 991 [9] ) , the act of 1888 itself confers jurisdiction. ”

“ The act of Congress here in question imposes a direct liability upon the vessel for the pecuniary penalties prescribed, and declares that it may be proceeded against summarily by libel in any District Court of the United States having jurisdiction thereof. This precludes the idea that the proceeding by libel is to be deferred to await the possibly slow course of criminal proceedings against the persons individually responsible. ”

“ The Bombay (D. C.) 46 Fed. 665; The Emperor (D. C.) 49 Fed. 751; United States v. Various Tugs and Scows (D. C) . 225 Fed. 505; The J. Rich Steers, 228 Fed. 319, 142 C. C. A. 611; The Columbia (C. C. A.) 255 Fed. ”