Page:Federal Reporter, 1st Series, Volume 4.djvu/902

 888 PEDEEAL REPORTER. �ohattels, so their whole value may be recovered in trover. Angîer y. Taunton Manuf'g Co. 1 Gray, 621 ; Brown v. Haynes, 52 Maine, 578; Duncan v. Stone, 45 Vt. 118. The rule is harsh, and there would, perhaps, be a reœedj in equity; but, unfortunately, the value of a cow, or of a little f urniture, is too Blight to bear the expanse of such a proceeding. �This case differa from thoae, in the vital particular that the parties here have agreed on the measnre of damages. If the plaintilï took the goods by replevin, he must account for their value after paying his debt; and if he recovered the whole in trover, he must immediately pay the surplus to the defendants. 1 have little doubt that the contract was thus written, or that the form which was followed was adopted for the very purpose of avoiding the injustice which might folio w from an enforcenlent of the strict rule of the common law. And it is effectuai for that purpose. �I find no error in any of the rulings of the referee. I agree with him that the interest on the plaintiff's debt should be reckoned at the stipulated rate of 7 per cent. �Judgment for the plaintiff. ���United States v. Nte and another.* �{Circuit Court, S. J). Oliio. Novembcr 20, 1880.) �1. Ckiminai, PR0CBDI3B — CoMMON Law. — In the absence of statutory �provisions the United States courts, in the administration of criaiinal law, are governed by the rules of the common law. �2. Same — Indictment — Joindee of Offenchs — Misdemeanohs— Sbctioîi �1024, U. 8. Rev. St.— At common law, and by section 1024, U. S. Rev. St., several distinct misdemeanors may be joined in the same indictmeat. &. Indictment pob MisrsrNG the Post-Office — Sectiok 5480, U. S. ,Rev. St.— Coîjstbuctioiî. — The latter clause of section 5480, U. S. Rev. St., providing that "the indlctment * • * may severally charge offences to the number of three when committed within the same six calendar months," Is not a part of the description of tiie oflence ; the oflence is completely deflned in the former part of the section, and this clause relates only to the procedure. �•Reported by Florien Glauque and J. C. Harper, of the Cincinnati bar. ����