Page:Federal Reporter, 1st Series, Volume 2.djvu/559

 v. and others. (Circuit Court, S. D. Ohio.May, 1880.)

This suit is on the official bond of the defendant Ambrose, as clerk of the United States circuit court, for failing to make return of all his fees and emoluments. The defendants answered that the attorney general required him to give the bond sued on containing a condition not required by statute, and that said bond having been thus extorted under color of office was void. The answer was in form the same as the plea in case of U. S. v. Tingly, 5 Pet. 115, upon which the defence relied. To this answer the district attorney demurred.

The statute (act of February 22, 1875, 18 St. at Large, 333) authorizes the attorney general to require a clerk to give bond conditioned that he will faithfully discharge the duties of his office. The bond in suit is conditioned that he will faithfully discharge the duties of his office, and in addition thereto that he will faithfully account, as required by law, for all moneys that may come into his hands.

Channing Richards, U. S. Dist. Atty., for plaintiff.

George Hoadly, H. A. Morrill and George R. Sage, for defendants.

, J.The statute which lies at the foundation of