Page:Federal Reporter, 1st Series, Volume 2.djvu/35

28 FEDERAL REPORTER. �13, 1880, the sum of $8,000, with interest thereon from the tenth day of October, 1878, the said injunctiou shall be restricted so as to apply only to such seouritities as shall remain unsold after enough have been sold to pay the sum of $8,000 and interest as aforesaid, allowing the defendant to proceed and sell to the extent necessary to raise that amount, and that the injunction be cont'nued as respects the remain- der of said securities until further order; but if the saidplain- tiffs, or either of them, shall pay the said amount into court before the said thirteenth day of April, 1880, then the said injunction shall continue until the further order of court. And it is further ordered that if the said amount shall be paid into court it shall be to the solicitor of the defendant Weed, on his filing with the clerk a receipt therefor, signed by Sam- uel Adams, in the said answer mentioned, and depositing with the clerk the securities in the answer mentioned as having been given with the note of the Combination Trust Company for $10,000, described or mentioned in the bill and answer." ���BCATTESGOOD V. TOTTON.* (.Circuit Court, E. B. Pennsylvania. April 23, 1880.) �CUSTOMS — DUTIES ON PRUIT — Al-LOWANOB FOR DECAY — INTERPRETATION �OF Statutb. — The terms " quaatity " and " wliole quatitity," ia sched- nle "M," 4 2504, Rev. Bt. 476, relating to duties on imported fruit, and making an allowance for losa on decay which excceds 25 pcr cent, of the " quantiy," relate to the whole importation of fruit, and uot to the quantity in each particular package damaged. �Motion for judgment on point reserved. �This was an action against the coUector of customs to recover back duties alleged to have been illegally exacted upon an importation of oranges. The verdict was for the plaintiff, Bubject to a point of law reserved by the court as to the proper construction of schedule "M," § 250e, Kev. St. 476, under which the duties were levied. �*Reported by Frank P. Prichard, Esq., of the Pliiladelphia bar. ����