BREWSTER, District Judge.
This is a suit to recover a penalty which plaintiffs say was unlawfully exacted. It was heard upon agreed facts.
The statute imposing the penalty is section 20(a) of chapter 190 of the Immigration Act of May 26, 1924 (8 U.S.C.A. § 167(a). This statute reads:
"§ 167. (a) Detention of seamen on board vessel until after inspection; detention or deportation; penalty; clearance to vessels. The owner, charterer...
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