Page:United States Statutes at Large Volume 53 Part 1.djvu/703

 CXCVIII CODIFICATION OF INTERNAL REVENUE LAWS SEC. 5597. The repeal of the several acts embraced in said revision, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made; nor shall said repeal, in any manner affect the right to any office, or change the term or tenure thereof. Bechtel v. United States, 101 U. S. 597 Suit by the United States commenced October 9, 1872, before the enactment of the Revised Statutes, against a bondsman for a manufacturer of matches who had failed to account for certain stamps. At the trial there were admitted in evidence certain transcripts, including a certificate dated October 11, 1872, pursuant to an act of March 3, 1797. It was contended by the defendant that this act had been repealed by section 5596 of the Revised Statutes. Directed verdict for the United States. Appeal to the United States Supreme Court. One ground of appeal was alleged error in admitting in evidence the certificate issued pursuant to the act of March 3, 1797. Judgment of lower court affirmed. The Supreme Court held that section 5597 saved all rights which had accrued under any act repealed by section 5596, and therefore the provisions of the act of March 3, 1797, and not the Revised Statutes, were applicable to this case. Claflin v. Houseman, 93 U. S. 130 Action brought in May 1872 in the Supreme Court of New York by Houseman, assignee in bankruptcy of Comstock and Young against Claflin to recover $1,935.57 collected by Claflin on a judgment against the bankrupt firm in fraud of the bankrupt law. Demurrer to the jurisdiction of the court. Judgment for plaintiff and the Court of Appeals of New York affirmed the judgment. Writ of error to the United States Supreme Court. Held, an assignee in bankruptcy under the Bankrupt Act of 1867 could bring suit in State courts whenever those courts were invested with appropriate jurisdiction. Section 5597 of the Revised Statutes provided that repeal of the acts embraced in the revision should not affect any suit or proceeding had or commenced in any civil cause before repeal. The act of 1867 was controlling in this case and not the Revised Statutes. To the same effect was- Wilson v. Goodrich, 154 U. S. 640 Error to the Superior Court of Massachusetts. The action was begun March 18, 1872. The case comes within Claflin v. Houseman, 93 U. S. 130, holding that an assignee in bankruptcy under the Bank- rupt Act of 1867 as it stood before the Revised Statutes were enacted, had authority to bring suit in State courts whenever those courts were invested with appropriate jurisdiction. Section 5597 provides that the repeal of the acts embraced in the revision should not affect any suit or proceeding had or com- menced in any civil cause before repeal. SEC. 5599. All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. Sayles, Executor, v. Louisville City R. R. Co., 9 Fed. 512 Action to recover damages for alleged infringement of a patent right for improve- ment of railroad brakes. Patent issued July 6, 1852, and reissued and extended July 6, 1866, for a term of 7 years. Defendant pleaded the statute of limitations under the act of July 8, 1870, providing "All actions shall be brought during the term for which the letters patent shall be granted or extended, or within 6 years after the expiration thereof." Suit was brought June 18, 1879, within 6 years of the expiration of the extended term but not within 6 years of the expiration of the first term. Defendant has used the brakes from 1864 to 1873. Plaintiff contended that since a subsequent section of the act of 1870 provided that when an extension was granted that "thereupon the said patent shall have the same

�