United States v. One Ford V-8 Truck, 1934 Model Motor No. 1008663

NETERER, District Judge.

The right to remission or mitigation is governed by 27 U.S.C.A. § 40a (b). Subdivision (b) provides, “conditions precedent to remission or mitigation. In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until he proves (1) that lie has an interest in such vehicle * * * as owner or otherwise, which he acquired in good faith * * * (Italics supplied.)

On failure to produce the vehicle the court at trial entered a decree of forfeiture of the bond pursuant to subdivision (d), § 40a, supra, and the bond thereupon…