Page:Federal Reporter, 1st Series, Volume 5.djvu/59

 IN BB LiaCHFIELD. 47 �ishaWe at commoti la-w for corrupt conduct id their judicial offlee, When so ëxpressly cbarged by indictment, is too well settled to need argument. The ease of Jacobs v. The. Com- monwealth, 2 Leigh, 709, is an instance in whioh the courts have recognized this liability in thie state of Virginia. �It is hardly worth /while to notice the pretension that if this defendant is indictable at ail it is only in a court of the state. In general, offences in violation of acts of congress are indictable only in courts bit the United States, In some instances in the past a ieyf offences of this class have been ref erred, by express provision of law, to state courts for trial ; but Buch is not the policy of congress, and the practice, always exceptional and occasional, may now be regarded as abandoned. So the only question is whether state justices of the peace àre liable, under an act' of congress, to indict- ment in United States courts for a statutory -off ence, charged to bave been committôd wilfuUy and corruptly. �I think, after what has been said, that this proposition is too plain for argument, and I will overrule the defendant's demurrer, deny his motion to quash, and Bustain the prose- cution's demurrer to the plea. ���In THB Mattbb OF JEjitohpield, Bankrupt. �{District Court, 8. D. New York. December 22, 1880.) �1. MAusHAtLina AssBTs— Rev. Bt. 5121 — What ark Availabu! A-ssetb -t-Neglbct TO Ebcovbr Them. �The rule as to marshalling assetsin bantruptcy prescribed by eev. Bt. '6121, requiring that firmi àssets-sliail be first applied to the pay- inent of flrta debtsj and individual àasets to the p^ymeat of individual debts, and the rijle of equity, that where there are no flrm assets the flrra creditors shall share pari paasu with the individual creditera in the individual asaets, are not limited to the case where there has been an adjudication in bankruptcy bf the .flrm. . Both the rule an{i the exception apply y^here the jndiyidual partners have been adjudicated bankrupts on petitions against them iijdividually. �The flrm creditors haVe a right to sharô ^owt j)a««i»'With individual creditbrs in the individual estate, wher» the flrm aasets are no^mora ����