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OFFICERS OF INTERNAL REVENUE :
Liability of sureties when duties are imposed on prin
cipal by laws subsequent to the execution of the bond.
(United States v. McCartney, 26 Int. Rev. Rec., 28.) This
question and other questions relating to sureties on official
bonds considered. (30 Int. Rev. Rec., 161, 166.)
Change in the regulations subsequent to the execution of
bond putting deputy collectors in the classified civil service
did not relieve the sureties from liability. (Laffan ». United
States, 122 Fed., 333; T. D. 653.)
Liability of a surety on an official bond is strieti juris;
surety not to be held responsible for the conduct of his
principal beyond the scope of his undertaking reasonably
construed. (United States ». Adams, 31 Int. Rev. Rec., 261;
24 Fed. 348.)
In a suit on collector’s bond, where one of the sureties had
signed the bond in blank already signed by the principal,
with an understanding with the principal that only a cer-
tain amount was to be inserted therein as penalty, and with
the further understanding that two additional sureties were
to be furnished, each worth a certain sum, and where the
bond was afterwards completed by the insertion of an
amount larger than that agreed upon, and signed by two
worthless sureties, and afterwards the bond was delivered
to the proper officer of the Government, who accepted it in
the belief that it was properly executed and with no notice
of the private agreement, held that the first surety was
liable. Case not distinguished in principle from Dair o.
United States (16 Wall, 1). (Butler ». United States, 21
Wall, 272.)
Accounts must be stated to show liability under each
bond. (United States v. Barton Abel, 15 Int. Rev. Rec, 41
and 50; Fed. Cas. No. 14417.)
Public officers liable for all moneys that come into their
hands officially. (United States v. Prescott, 3 How., 378.)
The payment of money to the deputy collector without
receiving stamps therefor was not a payment of the tax
on the brandy; the money did not become public money in
the hands of the collector, and the sureties were not liable
for it. (United States v. Hermance, 15 Blatch.,, 6; Fed
Qase No. 15355.)
Liabilities of sureties on temporary bond. (United States
v. Kirkpatrick, 9 Wheat., 720.)
The direction of the Commissioner to execute a new bond
must be considered as the direction of the Secretary of the
Treasury. (Soule v. United States, 100 U. 8., 8.)
No surety can hold office under his principal. (43 Int.
Rev. Rec., 438; Dept. Cir. No. 70, November 23, 1907.)
‘Where under the act of March 2, 1895, an officer renews
his bond by giving a bond during the same term of office
the new bond does not operate to release the sureties on the
first bond from liability for future transactions, but the
sureties on the old and new bonds are jointly and severally
liable therefor. (5 Comp. Dec., 918.)
Official bonds are to be examined every two years, and to
be renewed every four years or oftener. These bonds are
to be filed with the Secretary of the Treasury. Section
b, act of March 2, 1895 (28 Stat, 764). See Appendix,
page 1389.
Notice of deficiency in accounts of principals to be given
to sureties upon bonds of United States officials; limita-
don of time within which suit shall be brought against
sureties on said bond. Act of August 8, 1888. See Appen-
dix, page 1390.
Sec. 3144. [Amended by sec. 2, act of March 1, 1879
20 Stat.. 328), and by sec. 5 of the act of March 2, 1895