Page:Federal Reporter, 1st Series, Volume 3.djvu/758

CHADWICK V. USITBD STATES. 751 �11. Samb — Same — XoTiCB TO PiîODUCB Lettbr. — When a letter is in court, and in the possession of the opposite party, the notice to pro- duce may be given at the trial, and, if ao given, is in season to allow paroi evidence of its contents. �A. B. Wentworth, for plaintiffs in error. �George P. Sanger, for defendants in error. �CuFFOED, C. J. CoUectors of internai revenue, before they enter upon the duties of their offices, are required to execute a bond in such an amount as the commissioner shall pre- scribe, with not less than five sureties, to be approved by the solicitor of the treasury, conditioned that the coUeetor shall faithfuUy perf orm the duties of his office according to law, and shall justly and faithfully account for and pay over to the United States, * * ail public moneys which may corne into hia hands or possession. Provision is also made that such bond shall be filed in the office of the first comptroUer of the treasury, and the requirement is that the coUector shall, from time to time, renew, strengthen, and increase his officiai bond, as the secretary of the treasury may direct, with such further conditions as the commissioner shall prescribe. 13 St. at Large, 225; Eev. St. § 3143. Authority is given to such collector to appoint as many deputies as he may think proper, to be by him compensated for their services ; and he may require such an appointee to give bond, and may revoke the appointment whenever he pleases, giving due notice to the commissioner. Id.; Eev. St. § 3148. Sufficient appeara to show that the defendants in the court below were sureties on the officiai bond set forth in the record, which was given by the principal to the plaintiffs as collector of internai rev- enue. Default having been made by the principal, the plain- tiffs instituted the present action against his sureties to re- cover the amount of public moneys in the hands of the principal which he failed to pay over as required by the terms of the bond. Service was made, and the defendants appeared and set up the several defences specified in their pleadings. Issue being joined, the parties went to trial in thei district court, and the verdict and judgment were in favor of the plain- tiffs. Exceptions were filed by the defendants, and they sued ����