“This case comes before the court upon a writ of error to the district court. It was an action of debt, brought in that court in the name of the postmaster general of the United States against the defendant, as one of the sureties of Charles Rice, postmaster at Trenton. The bond bears date the 28th of November 1803, and is in the penalty of $2000, with condition that the said Rice, who had been duly appointed postmaster at Trent on, should well and truly execute the duties of said office, and should faithfully, once in every three months, and oftener, if required, render accounts of his receipts and expenditures as postmaster to the general post office, in the manner and form which should be prescribed by the postmaster general, in his several instructions to postmasters, and should pay all moneys that should come to his hands for postages of whatever is by law chargeable with postage, to the postmaster general of the United States for the time being, deducting only the commissions and allowances made by law for his care and trouble and charges in managing the said office. The breach assigned in the declaration is, that the said Rice had received as postmaster, from the date of the bond to the 2d of April 1821, postages for such things as during that time were chargeable with postage, after deducting his commissions, &c. the sum of $2559. 63 cents, which he had neglected and refused to pay to the postmaster general of the United States for the time being, and still refuses, &c.”
4 Wash. C. C. 678