Page:Federal Reporter, 1st Series, Volume 3.djvu/757

 750 TBDEBAIi fiEFOBTBB. �Chad-wiok and others v. The TJnitbd States. �(Circuit Court, D. Masaachuietts. September 30, 1880.) �1. CoLLECTOB's Bond — Copt — Acthkntication. — The copy of a collecta �or's bond is sufflciently authenticated by the certiflcate of the secretary of the treasury, in a suit upon the bond, where the original was in tha custody of that department, and was wholly disconnected from the tranaoript certifled by the register of the treasury. �2. Samk— Condition not Specipied in Act of Congrbss.— The addition �of a condition, not speciflcally named in the act of Congress, that the obligors shall not be liable if each and every deputy appolnted by the collector shall truly and f aithfully execute and discharge ail the dutiea of such deputy collector accordlng to law, does not relieve the sureties from llability. �8. Same— Transckipt of Account— Evidence.— A certifled transcript of the account of the collector is admissible in evidence in a separate action against the sureties. �4. Bamb — SuEETiES — Subsequent Legislation. — Sureties upon a collect- �or's bond are liable for charges for unaccounted stamps, although the collector was not liable to account for such stamps at the date of the bond. �5. SAMB — QUABTBBI.T RETUBN — AUTHENTICATION —ASSISTANT SeOKB- �TAKT OF THE Tkbasubt.— An assistant secretary of the treasury is duly authorized to authenticate one of the quarterly returns of a col- lector of internai revenue. �6. Bame— Evidence. — Evidence is admissible, in a suit upon the bond, to �show that the collector received money to await the resuit of an at- tempt to compromise, and that the same was retained by him. �7. Same — Same — Pkintbd Kegutlations. — In such suit the printed regu- �lations of the treasury, in the form of a circular, were admissible in evidence, when it was shown that a duplicata copy of the same was found in a book kept by the collector, in which a large number of treasury circulars from the commissioner were pasted. �8. Same — Same — Fcbuc Monet. — The sutBciency of evidence, to establish �the fact that money received by the collector had become public money, must be determined by the jury and not by the court. �9. Bamb — Same — Additional Bond. — The question whetheranadditional �bond, executed by the collector at the request of the commissioner, is a substitute or strengthening bond, should properly be left to the jury. �10. Same— Same — Lbttbb to Commissioner. — The contents of a letter from the collector to th« commissioner can only be proved by a copy of the same, duly certifled from the treasury departmeut. ����