Page:United States Statutes at Large Volume 18 Part 1.djvu/255

 '1`rr1.s XIII.—THE JUD1CIARY.—Cr1. 1S. 183 libelaut, upon his own appeal', recovers less than the sum or value of 24 S¢·>1>f·.l789.¤- three hun red dollars, exclusive of costs, he shall not be allowed, but, at 20;,*,0%)* "· {ggé 83- the discretion of the court, may be adjudged to pay, costs. 40, ,,_ f20g_ ,,_ j,? Leeds z-. Cameron, 3 Sum., 488; Kneass r. Schuylkill Bank, 4 Wash. C. C., 106; Cattle r. Payne, 3 Day, 289; Ellis 1-. Jarvis, 3 Mas., 457; Field 1:. Schell, 4 Blatcb., 435. Sec. 969. When a suit for the recovery of any penalty or forfeiture €`¤StSi¤i{¤t¢r¤¤l· accruing under any law providing internal revenue is brought upon T"’l"""""7““*“P°” information received from any person other than a collector, de uty col· IP ,?_,`a;i(I}§g6—~ lector, or inspector of internal revenue, the United States shall) not be 18., S_u0y’,._ ,_,’ E; subject to any costs of suit. llli i i Sec. 970. When, in any prosecution commenced on account of the _(`l¤im¤¤¢¤¤¢€¤- seizure of any vessel. goods, wares, or merchandise, made by any col- i‘"“d“‘g{’S”“`l""} lector or other officer, under any act of Congress authorizing such  °°°“`°e° seizure, judgment is rendered for the claimant, but it appears to the ——»—~' court that there was reasonable cause of seizure, the court shall cause a 2 M"-. 1799. v- prolper certificate thereof to be entered, and the claimant shall not, in  s;,,,?- "· 1* PP- suc case, be entitled to costs, nor shall the person who made the seizure, 0;, 1},,,, ,007 ,. nor the prosecutor, be liable to suit or·judgment on account of such suit 19, S. 1, via, p. 422; or prosecution: Prvwided, That the vessel, goods, wares, or merchandise —-— ee - —~ » — be, after judgment, forthwith returned to such claimant or his agent. ,, Q‘:“‘;',:g`· The Apollon, 9 Wh., 362; U. S. 1-. Riddle, 5 Cr., 311; Locke v. U. S., 7 Cr.,,339;, dtis \Vatkius, 9 Cr., 339; Averill 1-. Smith, 17 Wall., 82, (93;) Shattuck 1-. Maley, 1 Wash. C. C., 249; Friendship and Cargo, 1 Gallis., 111; The Friendship, 2 Gallis., 112; U. S. z-. Gay, 2 Gallis., 360; The Ship Recorder, 2 Blatch., 120; LaJeune Eugenie, 2 Mas., 436. Sec. 971. If, in any suit against an officer or other person executing Double c9sts, or aiding or assisting in the seizure of goods, under any act providing "`l“’“ . Pg‘}“mf. " for or regulating the collection of duties on imports or tonna, the x;,]"?;,?:); plaintiff is nonsuited, or judgment passed against him, the degegndant making ggjzu[3’ shall recover double costs. {rg; 2 Mar., 1799, c. 22,  . 71, v. 1, p. 678. Sec. 972. In all recoveries under the copyright laws, either for damages, Cvpyright ¤¤it¤. for-fcimres, or penalties, full costs shall be a lowed thereon. EET? “ll°"’f 8 July, 1870, c. 230, s. 108, v. 16, p. 215. Sec. 973. When judgment or decree is rendered for the plaintiff or C0¤f¤_¤0t ¤*>¢0)'· complainant, in any suit at law or in equitv, for the infringement of a §;;l‘}O;",nQffr§“;'f part of a patent, in which it appears that the patentee, in his specifics- ,,,8,,, 0, ,,,,,,,,50 tion. claimed to be the original and first inventor or discoverer of any unless disclaimer material or substantial part of the thing patented, of which he was not ¢¤f¢¤‘¢d. &¢· the original and first inventor, no costs shall be recovered, unless the 8 _;,,i]§Q`,Qj proper disclaimer, as provided by the patent-laws, has been entered at 230, s. iii), v. 16, p. the Patent-Office before the suit was brought. 207- Ssc. 971. When judgment is rendered against the defendant in a When_ com of prosecution for any fine or forfeiture incurred under a statute of the P’9s°;"'g°j‘ 2* by United States, he shall be subject to the payment of costs; and on every E12 conviction for any other offense not capital, the court may, in its discre- 8 May. 1792. c. tion, award that the defendant shall pay the costs of the prosecution. 36· “· °· "· r P- 277- Sec. 975. If any informer or plaintiff on a nal statute, to whom the When costs are penalty or any part thereof, if recovered, is dhected to accrue, discon- abYm‘;; tinues his suit or prosecution, or is nonsuited therein, or if upon trial C,,,,,,,,, P judgment is rendered in favor of the defendant, the court shall award to ,` - —r—— the defendant his costs, unless such informer or plaintiff is an officcr of 368S·,i“§·,1’°€;,$· the United States specially authorized to commence such prosecution. ’’’p' ` and the court, at the trial in open court, certifies upon the record that there was reasonable cause for commencing the same; in which case no costs shall be adjudged to the defendant. Sec. 976. If any mformer on a penal statute, to whom the penalty or Fees of clerk. any part thereof, if recovered, is directed   accrue, discontinues his suit :jl;;¤h°l;ble&g·$ or prosecution, or is nonsuited therein, or 1f upon trial judgment is ren- informgfwhen 0; dered in favor of the defendant, such informer shall be alone liable to United States. the clerk, marshal, and attornev for the fees of such prosecution, unless `’‘` 2 0 j$g,,j{§0,T,; he is an officer of the United States whose duty it 18 to commence such 19, s. 8, v. 1, p. 626. s·r—03—-17