Page:Federal Reporter, 1st Series, Volume 4.djvu/88

le FEDEIJAL EEPOBTEB. �deeûles that the clerk is not entitled to commissions "for receivÏQg, keeping, and paying out money," unless the money bas aetually passed through his hands, or into the custody of the court, or has been agreed to be so considered. �In re Goodrich, i Dill. 230, it was beld that the statute implies Ijhat the money shall be aetually received, kept, and paid out by the clerk, and that, generally at least, ovôn where a fund is ordered to be paid through the clerk, the parties may disregard the order and pay directly, and deprive the clerk of bis commissions. And see Upton v. Triblecock, 4 Dill. 232, note. I doubt if I should go so far as was done in Goodrieh's Case, if it appeared that there was a combina- tion between the parties to make the payments so as to defeat the clerk's commissions. However, this case olearly falls within the rule that the clerk is not entitled to commissions unless the money passes through his hands, either aetually or constructively. It was not the duty of the assignee, under any statute or other law, to pay the fund he held into this court, nor was he even ordered to do so. The item of $90, charged by the clerk, must be, therefore, disallowed. ���HoLLT V, Vebgbnnbs Maohinb Co. �{Circuit Court, D. Vermont. October 5, 1880.) �1. Rb-issub No. 5,132— First Claim. — The flrst claim of re-issued let- �ters patent No. 5,132, dated November 5, 1872, for a new System of water-works for supplying citiea and towns with water, 7ield valid. EoUy V. Union City, 14 O. G. 6. �2. Patent No. 94,747, dated September 14, 1869, for a new safety valve for Street water pipes, Tield valid. �3. Olaims — Cou STUUCTION— SPBCiriCATioN. — The specification of a patent �may be referred to for the purpose of ascertaining the meaning of the clatms. �Bates V. Coe, 15 0. G. 337. �Brooks V. Fiske 15 How. 215. �4. Machuseb — Substaîttial Identitt.— Machines are subatantially the �same, in the sense of the law of patents, when they perform the same function in substantially the same way to accomplish the same resuit. ����