The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-13
United States Circuit Court.


SUITS FOR RETURN OF ExCEss or DUTIES.
Nov, l2-Ca,uss H. j. Rcdaetd IA. Collsotor y N,o
York; Joct and Others w The SANE, De-, 6c,--Scveral
suits for the recovery back Of excessive duties which
the exColector put in the following affidavit
The defendant the above several suits being duly
sworn depoes and that the several judgments
covered against him a, the present term of this court
Of excessive duties or penal
ties received by this deponent which at the time
paid into the treasury OF the United states pursuance
the provisions Of the laws thereof and fur
Their that according 10 the recollection and belief Of this
deponent, said duties Penalties in each
acted under general special instructions Of the
rotary Of the treasury Of the United states And the de-
ponen further that, he has been informed the
usual and necessary certificates and statements in rea-
10 the recovery OF said judgments have been
mited by the present Collector Of the Customs Of the dis
ict Of New York. 70 the Secretary Of the Treasury
the purpose OF obtaining the customary warrants In such
for the payment Of sae judgments by the Assistant
Treasurer Of the port Of New York and this depoDcnt
further says that the attorney for the plaintiffs the said
several suits has threatened tn issue execution therein
against the personal property effects Of the defendant
unless the said Judgments Immediately paid that this
defendant has no doubt the money for the payment Of said
judgments will be received from the Assistant Treasurer
much soour than the same can be collected
tons sgasnsl be property Of this defendant
Sworn and absorbed IN the usual way before RICHARD
r Sfi~1II flg, United states Commissioner and Clerk
Of the Circuit oouu.
Mr. Grisvot Who had appeared for the plaintiffs IN,
above then put In af1avt, In the Of James
Drake ais setting forth that the Collector, Mr. Schel,
was served with subprna yesterday 70 appear and pre-
ducc certafn paprf. lie (Mr. srNwolnl ASKED fsr
immediate augment against the property q Mr. Rel
Geld, he had Information that Mr. Redheld, who Vas
the defendant In number of suits, had put his pyivlte
property beyondhs reach that Of the PLAINTIFF in
these suits.
Mr. McKeon United States District Attorney, opposed
both motions le said public officer not bounl 10
produce h boob records II their production woun he
detrimental public INTEREST," and the Collector was
not bound 10 cone into court
Mr. Grgwod said he believed the papers were pur.
poscy kept AMY with the intent Of embarrassing the
case.
Judge Ingers3ll said that the law in certain has
armed the Collector with power TO exact excess Of
duty and II necessary 70 impose a penalty on tho I'm
porter The later IL be intends 10 recover, must die
protest 10 the effect that he pays under durss The
proper place send hat protest Is the Custom House.
and Is the property Of the defendant, he cannot
be expected producst II Is here alleged tina, the 60
vernncnt has obtained money from individual unlaw.
fully and So and cannot be legally recovered back,
unless the party has deposited protest, know Of no
rule which precudc the from producing the
papers therefore think the claimant Is entitled n have
The papers produces The papers not however 90
Of the hands the proper custodian, nor into The
hands of any Other person
After some discussion stay Of proceedings was grant
IN each the above cases 10 give Mr. Reiaed time 70
get money from Washington.