Cargo of the Brig Aurora v. United States - 11 U.S. (7 Cranch) 382 (1813)

Rule:

By reviving an act, the legislature must be understood to give it, from the time of its revival, precisely that force and effect which it had at the moment when it expired.

Facts:

The United States seized the cargo of the claimant for violating the Non-Intercourse Act of 1809, which prohibited imports from Great Britain. The claimant asserted that his cargo was American, was exempted from forfeiture, and that the Non-Intercourse Act had not been revived.

Issue:

Did the district court err in its judgment of forfeiture?

Answer:

No.

Conclusion:

The Court affirmed the district court's judgment of forfeiture. It found that the evidence was sparse, but clearly the property was not American and appeared to have been shipped from Liverpool, England. Therefore, it ruled that the Non-Intercourse Act had been revived and was in full force and operation at the time the cargo was seized.