Page:Federal Reporter, 1st Series, Volume 8.djvu/238

 224 FBDEBAL BEPOBTBB. �it does not necessarily follow, because he does not undertake or is not allowed to discharge the duties of the one, he is incapacitated to act as the other. Where the d'uties of the two offices are distinct and separahie, as they seem to be under the provisions of the present will, no sueh complications -will arise as might resuit where a removal from office was made ia a case where the duties were identical and inseparable. �But the 129th section of the orphans' court act (Revision of New Jersey, 781) has removed all question and difficulty here by pro- viding that in case of removal of an exeoutor by the orphans' court and the appointment of an administrator cum testamento annexa, the latter, among other things, — �" Shall be authorized to do all aets necessary for the administration and set- tlement of the estate, and the execution of the powers a.nu. performance of the trusts contained in the will of the testator, in the same manner and to the same effect as if such person or persons had been * * * named as exeou- tor or trustee in such will." �Let a deoree be entered in conformity with the foregoing opinion. ���United States v. Two Thousand One Hundred and Sbventebn Bdshels of Malt. �{District Court, E. D. Wisconsin. June 22, 1881.) �1. Impokt Duties— Fraudulbnt Invoicbs— Rbv. St. j 2854. �In a proceeding, by information, to obtain judgment of condemnation against certain imports as forfeited for alleged violations of certain provisions of the statute regulating importations from foreign countries, hdd, that, as the in- voice contained a discount that was not allowed the purchaser, under the pro- visions of section 2854 of the Revised Statutes, the property was forfeit. �2. Samb— Same. �The fact that the property, i. e., malt, was invoiced, for purposes of importa- tion, at the rate and upon the scale of 36 pounds to the bushel, that being the scale upon which it was sold in the country from which it was imported, under an arrangement to sell the same in this country upon a scale of 34pound8 lothe bushel, that being the scale usually adopted here, does not constitute a ground of forfeiture. �3. Same— Rkv. St. § 2907. �Where the raiiroad company, owing to competition, hauled the malt in ques- tion from the malt-house, the place of its manufacture and where it was stored when delivered to such raiiroad company for transportation, to the cars at the station, fre« of charge, no forfeiture ensues under section 2907 of the Revised Statutes for not adding the expanse uauallv incurred for such services, as there has been none incurrcid to add. ��� �