Page:Federal Reporter, 1st Series, Volume 1.djvu/114

 106 PEDBBAIi BEPORTBB. �did not require the sureties to make good any loss arising m respect to the fees of storekeepers, and that there waa no sufSeient evidence wbat part, if any, of the balance of MoCartney's last account, as since reduced by credits, was due in respeot to these fees, and ordered a verdict for the defendants. �Before the trial by ]ury, a demurrer, interposed by the defendants, was overruled, �The case was heard in this court ùpon the plaintiff's ex- ceptions. �P. Cummings, Assistant Attorney of United States, for plaintiff. �S. B. Ives, Jr., for defendants, �LowELL, J. The learned judge of the district court ruled, as I think I should have ruled in his place, that the bond remained valid only in respeot to those disbursements which could have been required to be made by the collecter under the law as it stood at the date of the bond, That this ruling was Sound so far it sustained the obligation for the original duties of the principal obliger, if the evidence was such that the amount due for a breach of those duties could be dis- criminated from that which arose from % failure in the new daty, is not to doubted. Oaussen v, V. S. 97 D. S. 584; U. S. V. Singer, 15 WaU. 111; U. S. y. Kirkpatrick, 9 Wheat, 720; Corn, v, Holmes, 25 Gratt. 771. �A careful examination of the subject convinces ma that a ruling should have beea given, as prayed by the plaintiffs, that the bond was applicable to the pay of store-keepers, as well. �It is said by a late learned commentator that, according to the weight of authority, the sureties of an officer, upon his ofËcial bond, are liable for the faithful performance of ail duties imposed upon the officer, whether by laws enacted pre- viens or subsequent to the execution of the bond, which properly belong to and corne within the scope of the particular office, though not f jr those which have no connection with it, and cannot be presumed to have been within the contempla- tion of the parties at the time the bond was executed. Notes to ��� �