v. GILES U. STATES ment of the balance, being 19,383 dollars and 30 cents. That the United States were on that day justly indebted to him in the sum of 20,000 dollars for monies expended, & OTHERS. &c. and for fees, and services, &c. wherefore he retained in his hands 8,950 dollars, part of the 10,000 dollars in part payment and satisfaction of the said sum of 20,000 dollars; and paid to the United States the sum of 1,050 dollars the residue of the said sum of 10,000 dollars, and delivered to the United States the 30 bonds and mortgages aforesaid in full payment and satisfaction of the aforesaid sum of 29,383 dollars and 30 cents; without that, that the said Giles converted to his own use, &c. otherwise than by retaining the said sum of 8,950 dollars as aforesaid, &c. 3. To the third breach, they say, that the said Giles did not receive 39,000 dollars, parcel of the said 60,000 dollars, but that he received in all the sum of 21,000 dolJars only from the buyers of the lands of the said John Lamb; and that the United States were on the said 15th of January, 1801, justly indebted to the said Giles, in the sum of 22,000 dollars, wherefore he did not pay the said sum of 21,000 dollars or any part thereof into the office of discount and deposit of the bank of the United States, &c. but then and there retained the same in his own hands, as it was lawful for him to do, &c. 4. To the fourth breach, they say, that the said Giles, on the 1st of February, 1801, delivered the said bonds to the attorney for the United States-without that, that he converted them to his own use, &c. 5. To the fifth breach, they say, that on the 8th of January, 1801, the United States were justly indebted to Giles, in the sum of 22.000 dollars, wherefore he retained the said sum of 309 dollars and 87 cents, in part payment and satisfaction of the said sum of 22,000 dollars; without that, that he otherwise converted the same to his own^ use, &c. 6. To the sixth breach, they aver, that Giles did render his accounts to the auditor on the 10th of October, 1804, as he was required to do. To these rejoinders, there were general sur-rejoinders บ. and issues, except as to the rejoinder to the third breach ; U. STATES upon which the Plaintiffs took issue as to 39,000 dollars, and demurred as to the retainer of the 21,000 dollars, upon which demurrer the Court gave judgment for the & OTHERS. United States. The jury found a special verdict which stated in substance, as follows: 1. As to the first breach, they find that the Defendant, Giles, was authorized by the officers of the treasury department of the United States, in executing the aforesaid writ of fieri facias to sell the lands of the said John Lamb, on the following terins, viz. one fourth of the purchase money to be paid in cash, one fourth with interest in 2 years, one fourth with interest in 3 years, and the residue with interest in 4 years from the day of sale, to be secured by bonds and mor gages; and was directed by the comptroller of the treasury, on the 17th of December, 1800, to pay over all monies he might receive therefor into the office of discount and deposit of the bank of the United States, in the city of New York, to the credit and account of the treasurer of the United States. That the sales were commenced on the 26th of November, and continued from time to time to the 23d of December, 1800. That Giles received from the purchasers before the 9th day of January, 1801, (the dat of the bond) 3,713 dollars and 98 cents, and no more, which sum, together with the sum of 50 dollars, which he bad before received for the sales of the goods and chattels of the said John Lamb, he never had, nor any part thereof, before the said district Court, to render to the United States, and never paid the same, nor any part thereof, into the said office of discount and deposit, and that he has never been required by any rule or order of the said district Court to bring the said monies into the Court, no to pay them over in any manner whatever. That between August, 1800, and May, 1801, he arrest done Elias. Hicks by virtue of a writ of ca. sa. in favour of the United States, for 80,000 dollars, and by an endorsement thereon was directed to levy, by virtue thereof, 33.156 dollars and 38 cents, besides marshal's fees and poundage. That he kept the saidHicks in custody, in execution, until he was discharged by order of the secretary of the treasury of the United States, pursuant to the act of VOL. IX. 28 GILES บ. GILES U. STATES Congress, entitled "an act providing for the relief of "persons imprisoned for debts due to the United States." That the poundage fees for the service of that writ, if any such fees were due to the Defendant, Giles, thereon, have not been paid to him, and that they amounted to the sum of 419 dollars and 57 cents. & OTHERS. That the United States also became indebted to the Defendant, Giles, in the further sum of 8,133 dollars and 96 cents, for his own fees and services in taking the second census or enumeration of the inhabitants of the United States in the said district; and for monies paid by him as marshal as aforesaid to his assistants in taking the said census, pursuant to the act of congress in such case provided, which several sums, so due from the United States to the said Giles, amount to the sum of 8,553 dollars and 53 cents, and that he has retained the said sums of 50 dollars and 3,713 dollars and 98 cents, from the times when they were received by him, and still retains them, claiming to hold and retain the same towards the payment and satisfaction of an equal sum due to him from the United States as aforesaid. But whether upon the whole matter aforesaid, the said Giles did in law convert the said several sums of 50 dollars and 3,713 dollars and 98 cents to his own use, contrary to the tenor and effect of the condition of his said bond, the jurors aforesaid are ignorant, &c. and if the said Giles did so convert, &c. they assess the damages at 3,763 dollars and 98 cents, and if, &c. 2. As to the second breach, they find, that the said Giles, having received such instructions as aforesaid from the comptroller of the treasury, and having sold the lands as aforesaid, afterwards, and after the 9th of January, 1801, (the date of the bond) and at different times before the commencement of this suit, received of certain other purchasers of the said lands, several other sums of money, viz: before the 27th of March, 1801, (when he was removed from office) the sum of 1,683 dollars 52 cents; and after that day the sum of 17,191 dollars and 58 cents, which two sums amount to 18,875 dollars and 10 cents, which was all the money he received from the said purchasers after the 9th of January, 1801; and that the poun lage, and charges due to and paid by the said Giles upon the execution and the said sales, and V. GILES legally chargeable against the proceeds of the said U. STATES sales amounted to the sum of 1,332 dollars and 85 cents, which being deducted from the said sum of 18,875 dollars and 10 cents, left the net sum of 17,542 dollars and & OTHERS. 25 cents, in the hands of the said Giles, of the money so received by him after the 9th day of Junuary, 1801. That on the 13th of April, 1803. he paid part of the same, viz: 6,238 dollars and 35 cents to Edward Livingston, who was then the United States' attorney for the New York district, which payment was so made with the assent and approbation of the comptroller of the treasury of the United States, and agreeably to the usage and practice in that district; that the said Giles never had the said sum of 6,238 dollars and 35 cents. nor any part thereof, before the district Court to render to the United States and has never paid the same to the United States, in any other manner than by the said payment to the said Edward Livingston (if such payment was a payment to the United States) and never paid the same, nor any part thereof into the office of discount and deposit, &c. That as to another part of the said sum of 17,542 dollars and 25 cents, to wit: as to the sum of 4,479 dollars and 68 cents, the said Giles never had the same, nor any part thereof, before the district Court to render to the United States, nor paid the same into the said office of deposit, &c. but has ever since held and retained the same, claiming to hold and retain the same towards payment and satisfaction of an equal sum so due to him by the United States as aforesaid. That as to the residue of the said sum of 17,542 dollars and 25 cents, to wit: as to the sum of 6,824 dollars and 25 cents, the said Giles never had the same, nor any part thereof, before the district Court to render to the United States, nor paid the same to the United States nor into the office of discount and deposit, &c. but still retains the same; but whether, in law, he converted the said three sums, viz: the 6,238 dollars and 35 cents-4,479 dollars and 68 cents-and 6,824 dollars and 25 cents, or either of them to his own use contrary to the tenor and effect of the condition of his said bond, they are ignorant, &c. If in law he so converted the whole to his own use, then they so find and assess U. STATES damages at 20,613 dollars and 12 cents. v. GILES If he did not so convert the first of the said three sums, but did so convert the other two, then they so find and assess da&OTHERS. mages, at 14,374 dollars and 77 cents. If he did not so convert the first and second of the said three sums, but did so convert the third, then they so find, and assess damages at 9,895 dollars and 9 cents. If he did not so convert the said third sum, but converted the two first sums, then they so find, and assess damages at 10,718 dollars and 3 cents. If he did not so convert the said second sum, but converted the first and third sums, then they so find and assess damages at 16,133 dollars and 44 cents. If he did not so convert the two last of the said three sums, but converted the first, they so find and assess damages at 6,238 dollars and 35 cents. If he did not so convert the first and third of the said three sums, but converted the second, then they so find, and assess damages at 4,479 dollars and 68 cents. And if he did not so convert either of the said three sums to his own use, then they so find. 3. As to the third breach, the jurors find that the Defendant, Giles, did not receive the sum of 39,000 dollars, and as to the judgment upon the demurrer respecting the retainer of the sum of 21,000 dollars, they assess damages at 21,000 dollars and 6 cents. 4. As to the 4th breach, they find that the Defendant, Giles, kept possession of the said fourteen bonds, from the 1st of February, 1801, until the 3d of January, 1803, when he delivered them with the assent and approbation of the comptroller of the treasury of the United States, to Edward Livingston, then being the United States' attorney for the district of New York. That on the 12th day of the same January, the comptroller of the treasury of the United States directed the said Giles to deliver the said fourteen bonds to his successor in office, John Swartwout, marshal of the said district, which the said Giles did not do. But whether upon the whole matter aforesaid, he did, in law, convert the same bonds to his own use, contrary to the tenor and effect of the condition of his said bond, they are ignorant, &c. and if, &c. then they assess damages at 5,255 dollars and 73 cents. |