Page:Federal Reporter, 1st Series, Volume 3.djvu/521

614 FBDMtÀli BEPOBTKB. �adjudging that the plaintiff recover from the defendant James, personally, a Bum of money for such infringement, and awarding execution against him personally therefor.* The infringement was committed by the use by the defendant James, in the post-office at the city of New York, while he was postmaster there, and in the business of such post-office, of an apparatus for stamping letters with a postmark and caneel- ling postage-stamps, in infringement of said patent. On behalf of the defendant James a motion is now made to thia court to grant a certificate under section 989 of the Eevised Statutes of the United States. That section is as foUows : "When a recovery is had in any suit or proceeding against a collector or other officer of the revenue for any act done by him, or for the recovery of any money exaoted by or paid to him, and by him paid into the treasury, in the perform^ ance of his officiai duty, and the court certifies that there was probable cause for the act done by the collector or other officer, or that he acted under the direction of the secretary of the treasury or other proper officer of the government, no execution shail issue against such collector or other officer, but the amount so recovered shall, upon final judgment, be provided for and paid ont of the proper appropriation from the treasury." �The first question which arises is whether the defendant James, as such postmaster, was such an officer of the revenue as is meant by the expression, "other officer of the revenue," in the section. The section is taken from section 12 of the act of March 3, 1863, (12 U. S. St. at Large, 741.) Such sec- tion 12 was in these words: "In ail suits or proceedings against collectors or other officers of the revenue for any act done by tbem, or for the recovery of any money exacted by or paid to such officer and by him paid into the treasury of the United Btates, in the performance of his officiai duty, in which any district or other attorney shall be ordered to appear on behalf of such officer by the secretary or solicitor of the treasury or by any other proper officer of the government, such attorney shall be allowed such compensation for his services �*See Campbdl v. Jame», 1 Fbd. Rbt. 338. ����