Page:Federal Reporter, 1st Series, Volume 10.djvu/519

 UNITED STATES V, WIOKBRSHAM. 607 �said buildings until said past-due rents of said ground- shall all have been paid. And should the United States sell said property, and tiie defendant or his said solicitor be unable to make terms of ground rent with the p.urchaser, or to sell to the purchaser, then the sale shall be made with the privilege to the defendant or his said solicitor to remove said buildings at any time within 90 days from the date of the sale, all past-due rents having been paid, and that whenever said property is turned over to the United States under this decree, then and from thenceforth the receiver, J. E. Bigelow, shall be dis- charged from future liability as receiver herein; and it is further agreed that no suit will be brought on the bond of said J. E. Bigelow as such re- ceiver, flled herein, unless the United States should fail to realize all due ground rents under the above decree." �Subsequently to this decree Smith, the collector of customs, from time to time filed reports in this cause, sometimes styling himself "receiver, " and sometimes "agent of the United States." On May 28, 1877, on application of defendant, "W. J. Smith, into whose hands the property involved in this cause was placed, as agent of the United States by a former decree," was required to report, etc. June 9, 1877, he filed a report styling himself "agent of the United States" for rents, etc. June 23, 1877, he filed a petition by the United States- district attomey reciting that he had been appointed receiver by a former decree, and asking the court to authorize certain repairs, dis- bursements, etc., and an order was entered in compliance therewith, on the same day, authorizing "W. J. Smith, receiver," to make repairs, etc. January 28, 1878, on application of defendant, Smith was re- quired to report without being styled either agent or receiver. Feb- rnary 22, 1878, he filed a report as "agent of the United States," and a like report was filed June 3, 1879, which, on the tenth of the same month, was confirmed as the report of "W. J. Smith, receiver," and, on his application, his commissions were fixed at 10 per cent, of his collections. In October, 1880, he filed a report as "agent of the United States," and another in like manner in Pebruary, 1881; and since this motion bas been pending he files another report as "agent for the United States," by which it appears that he has paid into the treasury of the United States, from time to time, in all the sum of $1,500, the amount of rent in arrear at the date of the consent de- cree of March 1, 1876, and now has a balance in his hands of $174.82. �The defendant makes this motion asking for the appointraent of a receiver, and a reference to a master to take proof and state Smith's aceounts, showing not only his actual collections, but charginghim with the rents he should have collected on a proper management of ��� �