THE RACHEL V. UNITED STATES, 10 U. S. 329 (1810)

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U.S. Supreme Court

The Rachel v. United States, 10 U.S. 329 (1810)

The Rachel v. United States

10 U.S. 329

APPEAL FROM THE DISTRICT COURT

FOR THE DISTRICT OF ORLEANS

Syllabus

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 to the United States before the expiration of the law. The court reversing the sentence will not order the money to be repaid, but will award restitution of 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 of Orleans, which condemned the schooner Rachel for having traded with certain prohibited ports of St. Domingo contrary to the act of Congress.