Page:Federal Reporter, 1st Series, Volume 3.djvu/759

 752 FEDERAL REPORTER. �out the present writ of error. Since the cause was entereJ here, the defendants below have filed the following assign- ment of enrors : (1) that the court erred in admitting the bond in evidence; (2) that the court erred in ruling that the action could be maintained against the sureties, and in overruling the objections of the defendants that it could not, inasmuch as it contains requirements not specifîed in the act of con- gress ; (3) that the court erred in admitting the transcript from the treasury departmont as evidence in the case; (4) that the court erred in allowing the plaintififs to prove certain acts of the coUector as breaches of the bond; (5) that the court erred in admitting a copy of the quarterly return of the coUector to the treasury department, as certified by the assist- ant, seeretary; (6) that the court erred in ruling that the act of the deputy colleetor in receiving money to await the resuit of an offer of compromise in the case specified was competent to charge the sureties as for the default of the collecter; (7) that the court erred in admitting as evidence the printed reg- ulations of the treasury, as there was no evidence that it had ever been seen by the collecter; (8) that the court erred in admitting the evidence to charge the defendants with the money of Jutz, as a reception of public money; (9) that the court erred in leaving the question to the jury whether the additional bond was a substitute or a strengthening bond; (10) that the court erred in not admitting secondary evidence of the letter desoribed in the transcript; (11) that the court erred in allowing the plaintiffs to inquire of the witness as to the contenta of a letter received from the office of the commis- sioner. �1. Had the bond been annexed to the transcript, it might properly have been certified as a part of it by the register of the treasury. Eev. St. § 886. But it was not, and for that reason falls within a prior section, which provides that copies of any books, records, papers, or documents in any of the executive departments, authenticated under the seals of such departments, respectively, shall be admitted in evidence, equally with the originals thereof. Eev. St. § 882. Documents of the kind are not in the possession of the register, nor bas ����