Page:Federal Reporter, 1st Series, Volume 6.djvu/150

 138 FEDERAL REPORTER. �certainly was not in contemplation of congress that a con- struction working such inconvenience should be given to the law. �We think the language of the act of June 30, 1879, and, particularly so when taken in connection with section 804 of the Eevised Statutes, -will not authorize the construction claimed for it by defendant's counsel, and that, -wherever by reason of challenge there is not a petit jury, it is within the province of the court to direct the marshal to complete the panel by calling a sufficient number of jurymen from the bystanders. �The motion for new trial will be overruled. ���Heidriiteb t>. Elizabbth Oil-Cloth Co. {Ciremt Court, D, New Jersey. March 5, 1881.) �1. FoBPBiTUBB— Phopbbtt Used as a Dibtiixbbt. �Premises occupied and used as a distillery are liable to forfeiture for the violation of sections 7 and 19 of the act of July 20, 1868, (15 Bt. 127, 132,) in relation to distillers' bonds and hooks of account, •without regard to the culpability of the owner of the property. �2. 8ame— Decbee of Condemnatios. �A decree of condemnation uuder such forfeiture relates back to the time when the acts were committed which incurred the forfeiture. �3. SaMe — MEcnANic's Lien. �A mechanic's lien cannot be enforced in a state court, •where the premises have been seiied by the marshal under such forfeiture pro- ceedings before the elahahas been flled. — [Ed. �In Ejectment. �Edward A. Day, {W. H. CorUn, with him,) for plaintiff. �W. R. Wilson, {Brown e Williamson, with him,) for de- fendant. �Nixon, D. J. This is an action of ejectment brought to reeover the possession of eight lots of land in the city of Elizabeth and state of New Jersey. The parties having for- mally waived a jury, the case bas been tried before the court. ��� �