Page:Federal Reporter, 1st Series, Volume 6.djvu/46

 34 FEDERili BEPOETBB. �property, Baldwin was bound to hold it, notunder the orders of the plaintiffs, as in the case of an ordinary execution, but under the orders of the court, and have it forthcoming when demanded for execution. IJis failure to do this was a neglect of his officiai duty, whereby Eice acquired a right of action against him and the sureties on his of&cial bond. The sur- reiider of the attached property to Mitchell, by direction of Wilson and Wolf and the defendants, was of course a pro- tection to Baldwin against them. Eice is entitled to such damages as will indemnify him for Baldwin's neglect of offi- ciai duty. �: Whether Eice :is entitled to recover nominal damages only, or the amount of his debt, if the value of the attached prop- erty was enough to pay the debt, or an amount equal to what his jjro rata share would have been had there been no agree- ment to dismiss and the property had been held for execu- tion, need not now be decided. It is suffieient, in overruling the demurrer, to say that Eice had a right of action. ���Ex parte Lanb. (DIBtriet Court, D. Miehigan. Januaiy 31, 1881.) �1. EXTItADITION — CoMPLArNT AND WakBANT. �A complaint and warrant in an extradition case «hoTild sTiow upon their face that the commissioner issuing the wanuui is duiy empow- ered to act in cases of that description. �S. Bamb — Habbas Corpus. �Quœre, whether the court, upon Tiabeai corpus, wpuld he bound to treat a warrant detective in this particular as null and void. �3. Canada — Judiciai. Notice. �The court may take judiciai notice of the fact that the dominion dl Canada is a British possession, �4. Complaint— Common-Law Offbnce. �A complaint charging an ofCence at common law is good, notwlth- standiug it concludes " against the fdrm of the statute,' ' etc. la such case no proof of the foreign statute is required. ��� �