“ This was an action of assumpsit, in which the defendant in error, Buel, declared against the plaintiff in error, Van Ness, on the money counts, and gave evidence that the sums of money, for the recovery of which this suit was brought, were the proceeds of a moiety of a certain seizure of goods, as forfeited, which seizure was made in the district of Vermont, on the 6th day of July 1812, while the plaintiff below was collector of the customs for said district, &c., which goods were libelled, in September, 1812, in the district court, and condemned at the October term of the circuit court, 1813. ”