Such  are  the  material  facts  in  the  case.  The  question
whether  Swanton,  after  he  was  notified  of  his  removal,  and
of  the  appointment  of  his  successor,  could  legally  act  as  col-
lector until  his  successor  was  qualified  and  took  possession  of
the  office,  and  whether  his  acts  within  that  period  were  bind-
ing on  the  United  States,  was  waived  at  the  argument,  and  it
was  assumed  on  the  one  side,  and  not  contested  on  the  other,
that  Swanton  was,  during  this  time,  collector  de  "jure  as  w^ell
as  de  facto.  The  question  which  has  been  elaborately  and
learnedly  argued  at  the  bar  is,  admitting  Swanton  to  have  had
the  authority  to  act  as  collector  until  his  successor  took  pos-
session of  the  office,  whether  the  facts  in  proof  amount  to  a
payment  of  the  bond,  or  otherwise  present  a  legal  bar  to  the
right  of  the  United  States  to  recover  on  the  instrument.
173  DISTRICT  COUBT.
