McNair

This is an appeal from a decree in admiralty adjudging that appellee recover $2,125.00 in a suit on a Seamen’s War Risk Insurance policy issued pursuant to the Merchant Marine Act of 1936, as amended by the Act of June 29, 1940, § 225, 54 Stat. 689 , 690, 46 U.S.C.A. §§ 1128 -1128h, 46 U.S.C.A. §§ 1128 -1128h. The jurisdiction of the court below was invoked under § 1128d, the pertinent portion of which is printed in the margin. After the cause was submitted here we discovered that the Act of June 29, 1940, supra, was repealed by the Joint Resolution of July 25, 1947, 61 Stat. 449 , 450, and called for and received briefs on the jurisdictional question presented.

'We are of the opinion that the liability hereafter stated having been incurred by the United States prior to the repeal of the Act of June 29, 1940, the right of recovery therefor continued to exist under 1 U.S.C. § 29 , 1 U.S.C.A. § 29 , R.S. § 13, providing: “The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for…