Page:Federal Reporter, 1st Series, Volume 10.djvu/104

92 FEDERAL REPORTER. �iudgment as one against the collector personally, and that section 989 only means that there is to be no execution against him for what the government pays. He is required to pay the money into the treasiiry. He does so. The district attorney is required to defend the suit and is paid by the government for doing so. The suit is one which ean be brought only because congress allows it to be brought. Congress ould prevent its being brought. It did so by theact of 1839, as was held in Cary v. Curtis. Then it restored the right by the act of 1845. But the suit is one only "to try the legality and validity of the de- mand and payment of duties," as the act of 1845 says, whenthe col- lector has paid the money into the treasury, and there is a certificate of probable cause, it is clearly the intention of section 989 that the collector shall not be liable under the judgment for interest on it if the government is not liable under that section for interest on it. The object of the suit and the judgment is solely to put the claim into an adjudicated shape; what is to be paid on it either by the col- ' 3ctor or the government is a matter to be determined by congress. It follows that the defendant is not liable to pay the interest in ques- tion. �As every thing has been paid on the judgment which is legally pay- able on it under existing laws, the judgment is satisaed, and an order willbe entered to that effect, and directing that the clerk enter in the records of the court all proper entries to show that the judgment is satisued. ���Bates v. United States. {Circuit Court, N. D. Illinois. December, 1881.) �1. Oriminai, Plbading— Non-Mailablb Matibk— Rbv. St. ^ 3893. �It is sufficient, in an indictmeiit under section 3893 of the Revised Statutes, to describe the particular boolt, paper, pamphlet, etc., so as to identify it, and then allege, in the language of the statute, that it was of the character there described. �2. NON-MaILABLB IVtATTEE — " DeCOI LbTTKES " — FiCTITIOUB NaME. �The mailing of non-mailable matter to a person under a flctitious uame, who receives it, is an olience against this statute. �3. Bame— Mailina by Agent Sufficient. �Such non-mailable matter aeed not have been depositoil in the mail by the defendant in peri?on; if he authorized it to be mailed he is guilty of au offence against this statute. ��� �