Page:Federal Reporter, 1st Series, Volume 1.djvu/117

TJiriTBD STATES ». m'cABTNET. 109 �it. The case, therefore, is one of a new office bestowed upon the same person who already held one; and, of course, the old bond does not apply to the new office, and does remain good for its own purposes. Skillett v. Fletcher, L. E. 1 C. P. 217, and 2 C. P. 469. �Another case of the highest authority is United States v. Kirkpatrick, 9 Wheat. 720. In that case a collector appointed during a recess of the senats to hold until the end of the next session, and no longer, was nominated to and confirmed by the senate at its next session, and received a new commission, but gave no new bond. The decision was that the old bond ended with the expiration of the old commission. But Mr. Justice Story comments on the great change of duties which had been imposed upon the officer by some later statutes, and says that the new liabilities would not have been within the condition of the bond had it remained in force. The case, in that respect, may well fall within the qualifications of the rule which I will now proceed to consider. �The rule is usually said to be thus qualified : that it shall not apply if the office has been wholly changed, or if the new duties, however unimportant in themselves, are not germane to those of the original appointment. These qualifications lead to some uncertainty, because courts may diiïer as to what changes are in kind or degree within the limitation. �I have found but two cases in which it has been held that the new uuties were so different from the old that they could not be supposed to be within the contemplation of the par- ties. In United States v. Singer, 15 Wall. 111, a distiller had given bond to comply with the provisions of the law in rela- tion to the duties and business of distillers, and pay ail pen- alties incurred or fines imposed upon them for a violation of any of the said provisions. These provisions were numer- ous; requiring notices, returns, keeping books, paying taxes, etc., etc. When the bond was given the law was that the store-keepers, who were officers of the United States appointed to duty at the warehouses of distillera, should be paid by the United States; afterwards a joint resolution was passed in congresB requiring the distillers to reimburse to the UaiLel ��� �