MR. JUSTICE CLIFFORD delivered the opinion of the court.
Judicial proceedings in rem, to enforce a forfeiture, cannot in general be properly instituted until the property inculpated is previously seized by the executive authority, as it is the preliminary seizure of the property that brings the same within the reach of such legal process. The Schooner Anne, 9 Cranch, 289.
Due executive seizure was made in this case of the distillery and of the...
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