254 F. 302 | 5th Cir. | 1918
Libel by the United States government to forfeit $40,300 in gold coin, alleged to have been “delivered for export and shipment, and for the purpose of being taken out of tbit United Stales,” in violation of title 7 of the Act of June IS, 1917, c. 30, 40 Stat. 225, and of the President’s proclamation of September 7, 1917. Judgment was that the coin be forfeited, but that it should be delivered to the claimant, Jesus Fernandez, upon the giving by him of a bond, conditioned that it would not be exported or employed contrary .to law.
Title 7, the only law under which a forfeiture could be had in this case, does not provide for the giving of a bond and the release of the property.
The judgment is therefore reversed, and the cause remanded.
Reversed and remanded.