Thompson

This action was brought to recover the $1,000 penalty of a bond given May 31, 1930, by Plarry Thompson, as principal, and John Mars and Douglas Parker, as sureties, in order to procure the reopening of the Thompson Hotel in Sweet Grass, Toole county, Mont., which had been closed by a decree of May 12, 1930, in abatement proceedings brought under the National Prohibition Act (27 U.S.C.A.), all as provided in that act. The condition of the bond was alleged to be as follows: “That the conditions of said bond are, if said premises shall be used and occupied during said period of one year and if no intoxicating liquor is, during said period, manufactured, sold, bartered, kept or otherwise disposed of therein or thereon, and if the said principal and sureties will pay all fines, costs, and damages that may be assessed for any violation of the National Prohibition Act upon said property, then said obligation shall be null and void, otherwise to remain in full force and effect.”

The allegation of the breach of the condition is as follows: “That said de *664 fendants have wholly failed to perform the conditions of said bond in that on or about the 16th day of April, 1931, one Everett…