Page:Federal Reporter, 1st Series, Volume 10.djvu/656

 64e FBDEEAIi BEPORTEB. �that the principal had on that day entered at the port of Ne-cf York 100 baies of imported cinnamon, under the laws of the United States providing for the warehousing of marchandise in bond, and was con- ditional that the bond should be void "if witliin one year the goods should be lawfully and regularly withdrawn on payment of duties and charges, or if, after one year, and within three years, they should be withdrawnon like payment, with 10 par cent, additional, or if within three years they should be so withdrawn for actual export !)eyond the United States; otherwise to remain in full force." �The cinnamon, consisting of 9,364 pounds, was imported by De Visser for Townsend, Glinch & Dyke. It was sold to them in bond at 10 cents per pound; was transferred to them shortly after impor- tation, and a memorandum thereof made on June 21, 1871, upon the withdrawal ledger of the custom-house. �None of the cinnamon having been withdrawn, nor any of the du- ties paid, the goods were advertised for sale by the collector on the ninetoenth of July, 1876, as "abandoned goods. " This sale was post- poned by the collector, without the knowledge or consent of the defend- ants, upon the receipt of the following letter from the secretary of the �treasury: �"Treasuhy Department, �"Washington, D. C, July 18, 1876. �"Colledor of CiMoms, New York — SiE: Mr. Solomon Townsend, repiesent- ing the late flrm (in liquidation) of iowusend, Clinch & Dyke, lias luude Per- sonal application to the department for leave to export certain 100 baies cin- namon, marked ' C. J.,' which appear upon the catalogue of goods to be sold by your order on the 19th inst., as lot No. 254. �"The department declines at present to entertain the said application, but, upon the further request of Mr. Townsend, hereby authorizes and directs you to withdraw said lot from sale, and to retain the same in your cnstody until further advised by the department, provided the interests of the government will noE be prejudiced thereby. �" It is understood by the department that the continued possession of the goods, together with security offered by the bond given on the warehouse entry, will be amply sulucient to protect the government from loss by reason of the temporary withdrawal of said cinnamon from public sale, as hereby authorized. �" Please report to the department your action in the premises. �"Eespectfully, Lot M. Mokkill, Secretary." �The cinnamon was thereafter sold by the collector at a similar Baie on October 17, 1877, realizing $573.50. The duties, at the rate of 20 cents per pound and 10 per cent, ad valorem, were liquidated on August 3, 1871, at $1,935.90, which, after adding penalty and ��� �