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of seventy years, he shall, during the residue of his natural life, receive the same salary which was by law payable to him at the time of his resignation.

A decree made by a judge after resignation but before the appointment of his successor is made by a judge de fucto, and is valid. (Northrup v. Gregory, 2 Abb. Ü. S. 503.)

§ 229 (715). Criers of the courts-Attendants on juries.-The circuit and district courts may appoint criers for their courts, to be allowed the sum of two dollars per day, and the marshals may appoint such a number of persons, not exceeding five, as the judges of their respective courts may determine, to attend upon the grand and other juries, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by and included in the accounts of the marshal, out of any money of the United States in his hands. Such compensation shall be paid only for actual attendance, and when both courts are in session at the same time, only for attendance on one court. (Rev. Stats. sec. 715.)

§ 230 (2). Property in hands of receiver. Whenever in any cause pending in any court of he United States there shall be a receiver or manger in possession of any property, such receiver ›r manager shall manage and operate such property ccording to the requirements of the valid laws of he State in which such property shall be situated, n the same manner that the owner or possessor hereof would be bound to do if in possession hereof. Any receiver or manager who shall will

fully violate the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding three thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court. (25 U. S. Stats. 433, sec. 2.)

Property in possession of receiver.-Where the property in litigation is in the possession of a receiver of the circuit court, such possession draws to it the right to decide conflicting claims to its ultimate possession and control. (Morgan's La. & Tex. R. & S. Co. v. Texas Cent. R. Co., 137 U. S. 171; Milwaukee, etc. R. Co. v. Soutter, 69 U. S. 2 Wall. 609; People's Bank v. Calhoun, 102 U. S. 256; Krippendorf v. Hyde, 110 U. S. 276.) A receiver appointed before the removal, remains in possession until he is removed. (Hinckley v. Railroad Co., 100 U. S. 153.) An attachment suit, being the first levied, was removed to the Federal court, the State court directing the receiver to retain so much of the fund as belonged to that suit and pay the balance into the registry of the State court, which was done. On the failure of the removed attachment in the Federal court, the fund would not be returned to the State court to answer subsequent attachments not removed; but by the receiver should be paid under the order of the State court. (Mack v. Jones, 31 Fed. Kep. 189.)

§ 231 (3) That every receiver may be sued without previous leave of court.— Every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was

appointed, so far as the ends of justice.

the same shall be necessary to (25 U. S. Stats. 433, sec. 3.) Under section 3 of the Act of March 3, 1887, a judg ment rendered in an action in a State court against a receiver appointed in an action in a Federal circuit court instituted prior to the passage of the act, and which suit in the State court had been brought without the consent of the court appointing such receiver, was not conclusive as against him, but was subject to the equity jurisdiction of the court appointing him. (Missouri Pac. R. Co. v. Texas Pac. R. Co., 41 Fed. Rep. 311.) A suit against a receiver appointed by a Federal court, brought without leave, is removable, since it involves the construction of the provisions of the amendatory Act of March 3, 1887, permitting a suit in a State court against a receiver appointed by a Federal court. (Evans v. Dillingham, 43 Fed. Rep. 177.) A suit to recover property acquired by the removing defendant as receiver of a national bank by authority of the laws of the United States, arises under the laws of the United States within the meaning of the Removal Act of August 13, 1888. (Sowles v. Witters, 43 Fed. Rep. 700.) An action between a receiver of an insolvent national bank and a depositor, involving only the right of set-off of deposits against notes due by the depositor, does not prevent a Federal question under Revised Statutes, sec. 5342. (Tehan v. First Nat. Bank, 39 Fed. Rep. 577.) Where receivers of a railroad running through Arkansas, who were appointed in that State, had removed into another State, held, that the court would authorize them to be sued in the State courts of Arkansas by service on their station agents or clerks therein. (Central Trust Co. of N. Y. v. St. Louis A. & T. R. Co., 40 Fed. Rep. 426.)

§ 232. Issue of search-warrants in certain cases.—The several judges of courts established under the laws of the United States and the commissioners of such courts may, upon proper oath or affirmation, within their respective jurisdictions, issue a search-warrant authorizing any marshal of the United States, or any other person specially

mentioned in such warrant, to enter any house, store, building, boat, or other place named in such warrant, in the day-time only, in which there shall appear probable cause for believing that the manufacture of counterfeit money, or the concealment of counterfeit money, or the manufacture or concealment of counterfeit obligations or coins of the United States or of any foreign government, or the manufacture or concealment of dies, hubs, molds, plates, or other things fitted or intended to be used for the manufacture of counterfeit money, coins or obligations of the United States or of any foreign government, or of any bank doing business under the authority of the United States or of any State or Territory thereof, or of any bank doing business under the authority of any foreign government or of any political division of any foreign government, is being carried on or practiced, and there search for any such counterfeit money, coins, dies, hubs, molds, plates, and other things, and for any such obligations, and if any such be found, to seize and secure the same, and to make return thereof to the proper authority; and all such counterfeit money, coins, dies, hubs, molds, plates, and other things, and all such counterfeit obligations so seized, shall be forfeited to the United States. [Approved February 10, 1891.] (26 U. S. Stats. 743.)

§ 233. Warrant to search to custom officers.-If any collector, naval officer, surveyor,

or

other person specially appointed by either of them, or inspector, shall have cause to suspect a concealment of any merchandise in any particular

dwelling-house, store, building, or other place, they, or either of them, upon proper application on oath to any justice of the peace, shall be entitled to a warrant to enter such house, store, or other place, in the day-time only, and there to search for such merchandise, and if any shall be found to seize and secure the same for trial; and all such merchandise, on which the duties shall not have been paid or secured to be paid, shall be forfeited. (Rev. Stats. sec. 3066.)

§ 234. Warrant may issue to internal revenue officer. The several judges of the circuit and district courts of the United States and commissioners of the circuit courts may, within their respective jurisdictions, issue a search-warrant, authorizing any internal revenue officer to search any premises within the same, if such officer makes oath in writing that he has reason to believe, and does believe, that a fraud upon the revenue has been or is being committed upon or by the use of the said premises. (Rev. Stats. sec. 3462.)

§ 235 (716). Power to issue writs.-The Supreme Court and the circuit and district courts shall have power to issue writs of scire facias. They shall also have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law. (Rev. Stats. sec. 716.)

Writ of certiorari.-Russell v. Thomas, 31 Leg. Int. 189; Ex parte Van Orden, 3 Blatchf. 166; Patterson v.

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