United States v. Mack, 295 U.S. 480 (1935)

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United States v. Mack

No. 693

Argued May 1, 2, 1935
Decided May 20, 1935
295 U.S. 480

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. Liability on a bond executed pursuant to § 26, Title II of the National Prohibition Act by the owner of a vessel seized while being used in the transportation of intoxicating liquors was conditioned on the return of the vessel to the custody of the seizing officer "on the day of the criminal trial to abide the judgment of the court." Held not extinguished by the repeal of the Eighteenth Amendment, it appearing that the condition for the return of the vessel was breached, and that the crew had pleaded guilty and were sentenced for possession as an incident of the transportation prior to the repeal of the Eighteenth Amendment. P. 483.

2. The contention that repeal of the Eighteenth Amendment extinguished the remedy on the bond because it ended the possibility of proceedings against the vessel itself examined and rejected. P. 485.

3. The analogy of bail in civil and criminal cases considered and found to support the conclusion here reached. P. 486 et seq.

4. Laches within the term of the statute of limitations is no defense to an action at law, and least of all is it a defense to an action by the sovereign. P. 489.

73 F.2d 265 reversed.

Certiorari, 294 U.S. 704, to review a judgment affirming a judgment dismissing the complaint in an action by the United States on a bond.