THE SCHOONER RACHEL v. THE UNITED STATES

THE SCHOONER RACHEL v. THE UNITED STATES. No sentence of condemnation can be affirmed if the law under which the forfeiture accrued has expired, although a condemnation and sale had taken place, and the money had been paid over tto the United States before the expiration of the law. This court, in reversing the sentence, will not order the money to be repaid, but will award restitution fo the property , as if no sale had been made. THIS. was an appeal from the sentence of the district- court of the United States for the district °f Orleans, which condemned the schooner Rachel for having traded with certain prohibited ports of St. Do- * . , ,- mingo, contrary to the act ot congress. The sentence of condemnation was passed, and the vessel sold, and the proceeds paid over to the United States, while the act was in force. The act had.since expired. It was a case within the principle decided at last term, in the case of Yeuton and Young v. The United States, but it having been made,' a question whether the sale and payment over of th. money did not prevent the, operation of that principle, and there being also a question, of jurisdiction, the cause stood over to this term for consideration. The general question of jurisdiction fif that court having been settled at this term in the case of Serre and Laralde v. Pitot and others, and the fáct of the sale and payment over of the money being admitted, Martin and P. B. Key, for the claimants, prayed tbe court to direct that the proceeds should be paid over to the claimants. • [MAJORITY] But the court said that it was a matter to be left to the consideration of the court below. This court will only make a . general order for restitution of the property condemned.