Page:Federal Reporter, 1st Series, Volume 6.djvu/388

 376 FEDERAL REPORTEn. �"Every clerk or other ofScer of a court of the United States, who fails forthwith to deposit any money belonging in tiie registry of the court, or thereafter paid into court, or re- ceived by the officers thereof, with the treasurer, assistant treasurer, or a designated depositary of the United States, in the name and to the credit of such court, or who retains or converts to his own use, or to the use of another, any such money, is guilty of embezzlement," etc. �It is only such moneys as are required to be deposited with the treasurer, assistant treasurer, or a designated depos- itary of the United States, in the name and to the credit of the court, that an officer can be guilty of embezzling under this section. An assignee in bankruptcy is an ofiicer of the court, but the funds of the estate which come into his hands are not required to be deposited in any of the places designated in this section, in the name of the court and to its credit. �It is provided in section .5059 of the Eevised Statutes that the assignee shall, as soon as may be after receiving any money belonging to the estate, deposit the same in some bank, in his name as assignee, or otherwise keep it distinct from ail other money in his possession. The acts charged in the indictment are not covered by section 5504, Eev. St., and there seems to be no other statute making it embezzlement for an assignee in bankruptcy to convert to his own use trust funds which come into his hands. The motion to quash is sustained. ��� �