Page:Federal Reporter, 1st Series, Volume 4.djvu/222

 208 FBDEIBAL REPORTBB �nies. Eer. St. 5414, 5457, 5464; 19 St; 223/ And thîs dem- onstrates that the legislative will no longer declares this ofFence a felony, and we think the felony f eature is impliedly repealed. It is argued very earnestly, however, that the effect of this is only to leave it a felony as at common law. We have already shown that under our System there is no common-law felony unless congress merely defines a crime which is a felony at common law by its common-law name. If the act said "counterfeiting" shall be punished as pre- scribed, it would be a felony; but it does not say so; it defines the ofFence for itself, and does not declare it a felony for the obvions reason that such a declaration would not change the character of the crime or the punishment, and would be wholly useless. Besides, it would be absurd to punish the misdemeanors of uttering and passing counterfeit coin with precisely the same punishment, ail defined in the same sec- tion, and then say it was the intention of congress to give a defendant charged with making the counterfeit ten challenges, and another defendant who passed it only three, while both offences are defined and punished by the same section and with the same punishment. There is no substantial reason for such a distinction. One crime is just as heinous as the other in the sense of this statute, and are upon an equal foot- ing. �It is rulcd that the defendant can have bat three chai* lenges. ���V ���In re Maetin, Bankrupt. �{JDistrîet Cowrt, W. D. Pennsylmnia. October 18, 1880.) �1. Mechaoto's Laair-CoMFOTATipN OF TniB. — In Computing the six monthswithui which a mechanic's lien can be flled, under the statutes of Pennsylvanla, (Purd. Dlg. 1034, pla. 44, 46,) elther the day on which the last work is doue, or the day on wblcb the claim is flled, must be exduded. �Sw exceptions to the report of the eommissioner distribut- ing proeeeds fa. xeal estaie. ����