Page:Federal Reporter, 1st Series, Volume 7.djvu/855

 UNITED STATES V. KBLLUM. 843 �as a protection, when the makers and indorsers are insolvent, can avail themselves upbn the principle of subrogation, as was decided by this court in Matthews v. Abbott, November, 1878. Decree for complainant. ���United States v. Kellum. �{Ovrcuit Court, 8. D. Mw YorJu. July, 1881.) �1. PsocuRiNS Seahbh — Employmest — Sectioh 4609, Rbv. St.— Coh- �BTBUCTION. �Section 4609, Rev. St., providing a penalty for receiving any greater remuneration than authorized by law for procuring seamen omploy- ment, is not applicable to seamea for whom employment ia procured upon a foreign vessel. Same— Sbction 4610, Rev. St.— Construction. �Section 4610, Rev. St., relative to the procedure for enforcing the penalties authorized by the preceding section, was designed to permit a civil action for the penalties with gtMii criminal procednre in enforcing the judgment, and an action thereon is properly brought ia the name of the United States as the party plaintifl �Motion for New Trial. �A. R. Conkling, Asst. Dist. Att'y, for plaintiff. �Erastus Cooke, for defendant. �Wallaoe, D. J. The questions which were formally rnled �against the defendant, upon the trial, with a view to a more �careful subsequent consideration are now presented by a �.motion for a new trial. The action is for debt, to recover �penalties given by section 4609, Eev. St., v?hich reads as fol- �lows : �"If any person shall demand or receive, either directly or indirectly, from any seaman, or other person seeking employment as a seaman, or from any person on his behalf, any remuneration whatever other than the fees hereby authorized, for providing him with employaient, he shall, for every such offence, be liable to a penalty of not more than $100." ' �The proof in support of several of the counts of the decla- ration was that the defendant received remuneration for pro- ��� �