Page:Federal Reporter, 1st Series, Volume 8.djvu/487

 XJNITKD STATES V. AUDITOKS OP TOWN OF BROOKLYN. 4T3 �in section 8564, Kev. St., was not adopted till long after the war, and long after the custom baving its origin in the 'war and its attendant legislation of introducing the clause in question had been establisbed; and at that time the question whether a change in foreign coin would work a change in the duty could not have arisen. Concede this to be so, then, if such a question could not have arisen for that reason, it follows that the parties making those contracta ftt Ibat time could not specifically have contemplated embracing sach a change in the amount of duties in the term "change of duties>" as used in these con- tracte, and it is not probable that the sense bas since been extended. In my judgment, in any view I can take of the matter, such a change in the amount of duties to be paid waa not contemplated by the par- ties wben the contract was made, and is not embraced in the words "change in duties." �There must be a finding and judgment tox defendants, and it is so ordered. ���United Statbs ex rel. The ^tna Ins. Co. r. The Boabd oi Town AuDiTOES, etc., of the Town of Bbooklyn. �(Gircfuit Court, N. D. lUinoie. August 3, 1881.) �1. Vain Acts. �The law never requires one to do an idle or vain act. �3. Samk— Town Debts— Dbmaitd — Makdamus. �Judgments had been recovered against a town from time to time through a nntnbcr of years without any action being talien by the town authorities to pro- vide for their payment. Upon an application for a mandamus against them to compe! them to take the necessary action under the law, hdd, that the writ might issue without a formai demand upon them for their payment, or to pro- ceed as the law required, as it was apparent that to make such demand would be a mere idle act, �Mr. Bailey, for relator. �Edsall e Hawley, for defendants. �Drtjmmond, C. J. This is an application by the relator, after due notice, for a peremptory mandamus against the defendants to take the necessary steps under the law to assess a tax for the payment of varions judgments which have been rendered in this court against the town of Brooklyn, Lee county, — one on the thirteenth of March, 1876, for $5,51 1 ; one on the twenty-fourth of June, 1879, for |22,- 6e4.30; one on the thirty-'first of March, 1880, for the sum of $5,- 120.50; and one on the twenty-fourth of December, 1880, for $5,615.68, — all with oosta. ��� �