Page:United States Statutes at Large Volume 44 Part 1.djvu/956

 § 8]] l _ TITLE 28.——J UDICIA1,} or libelecl in admiralty in such amount as the court, on petition setting forth the facts? under oath, may allow. (June/1, 1922; e. 204, Title II, 42 Stat. 615; Jan. 3, 1923, c. 21, Title II, _ 42 Stat. 1083; May 28, 1924, c. 204,. Title II, F43 Stat. 220; Feb. 27, 1925, e. 364,!1‘itle II, 43 Stat. 1029.) A _ - 81.7. Casts; in internal revenue suits.·———When a ,sui_t for the re<~<»very of any nenalty or forfeiture accruing under any law providing intezfnml revenue is brought upon infermatlen reeeived from any person other than a `collector, deputy collector, — or inspeetoxrof internal revenue, the United States shall not be suhjeet many costs at suite (R. si § -969.) ~. _ e 818. Same; seizures; claimant not entitled te, whenL—-—\Vhen, la any iwasecutiun commenced on account of the seizure! ef ‘any’ vessel, goods, wzu·e.·é,` or merchandise. rnagle by any_eollecter ea (lul€I‘_0iH€'€l', under any `actof Congyess authorizing savh Seizu;·e,.judgr11ent is —r’endered` for- the claimant, but It appearélto the court that there was- reasonable cause of seizure, the c·om·t·shall cauge a. proper certiilcate thereof to_be entered, and the claimant shall not, In such 'ease,;be· entitled to césts, ll{•1’·Sh&u. the person who made tlfe séizure,;.n0;· the prosécutcp, be liable ta suif<1t· judgment onaceouur of_,such suit pr prosecution: Prpvided, That the vessel, goods, waxes, or merchandise be, after judgment, fo_rthwith‘i·eturned to such claimant pr his agent. (R. S. § 970.9 4 J " 2 _ _ _ ’ i N f 81Q. Same; seizures; double c0sts.———If, in any Suit; against _ an ntilcexj or pther person executing oraiding oxxassisting in the séeiznre of gooda, under any act pyovidtng fo1·_:_0r regulating the collection of duties auygmpms lor-l tonnage, the plaintiff is nwnsuited;.o1·__jud§ment’ paséed againat him; the defendant shall recover double c0ats.` —(R. S., §_971.)`_ ’ - —""""i 820; Same; copyright suits.>——ln ull `recoveriesl under the copyright laws, either for damages, forfeitures, or penalties, full coats shall be alluwedthereen. (1}. S: Q 972.)" I 821, Same; infringement of patent'; disclaimer.-When judgment cir decree ia rendered for the-p1¤;¤¢1a or complainant, in any suit atlaw or in eqnitygtor. the infringement af a part of alpatent. Sin which it appears that the patentee, in his specifieatlcufelalmed to be theyprigiual aand first inventor 0; diseeverer at any material or substantial part, of the thing b patented, of which- he was not the Joriginal and tlrst inventor, no exvsts shall be recovered, unless the prope;•,y g1j§_elaimer, as~pij0- vided by the patent laws, has beenlentered at the Patent- Office before the suit was brought. (R. S. § 973.) · » 822. Sims; Eneqer forfeitu;•es.··—¤When judgment is renrlereel against the defendant in a prosecution fer any flue or for-I feitnre incurred n§_n¢ler a statute az the United States, he shall he subject to thepayment of chats; and on every ecnvlction, for any other hlfense not capital, the court may; ln its discretion, award that thé defenalant shall pay the pasta of the promention. (R. S'. § 974.) _. ‘ ’ · ? ‘ . l / · 823. Same; when recoverable by defendant in prosecution; exception.-··——I£ any infurmer er plalntm cnf a penal-statute, ta wlamn the penalty or any part thereof, if recovered, is directed to accrue, dlseontlnues his suitor prosecution, or is `nonsuitéd thereln,_ex· it upon trialjudgment is rendered in favor of the defenalantythe court shall award to the defendant his éosta, unless such lnformer er plainfift yiszan omceir at the United ‘·Statea apeelally authorized tceammenee such pmseéuticm, and the court, at the trial in open eonirt, certifies up0n` the record that there was reasonable causehjtor coinmenelng the same; in which" (2889,110 coats ahall be adjndged to the defendant. (R..S.§9‘{5.`) · . - " ·_ · ° I — ‘ 824; Fees of clerk; mairshal, er attorney: when {payable. by i"nfarmer.-··——-Ii; any informer on a penal statute, te whom the penalty or any partthereof, if recdyered, is directed to accrue, . diseoatlnuea his suit or ppmaeeuticm, ar is n0nsulte<j‘thereln, ‘“ or it upon trial jnclgment is rendered lu favor` of the ‘defenllan4;,__aueh informer shall be alone liable td the clexjk, mar-

comr Ayn JUDIQIARY 942 _".s`bal, and attorney for the fees of ranch prosecution, unless he ie an’oHlcer of the United States whose duty it is to commence sum ” . prosecution, and thu court certifies that there was reasename cause for commencing the same ;· in which case the Unite: States shall be responsible for auch fees. (R. S.} 976.) 825. `Costsi several actions;-——It several actions or pro<·e<»=.~ are institntedyin a conrt ot the United States or one of the Territories, against persons who might legally be joined in ma. action or' process touching Y the matter in dispute, the party pursulng the same shall not recover`, on all"0f the judgme-me S therein which may be rendered in his farm', the costs of new than one action or`proces.=1, unless apeciafcnuse for said Spr-- eral actions or processes is satisfactorily shown on motion in open court. (R. S.`§ 977.)-. tw. — - f -826."Same; several libels against vessel and cargo.-wm·¤ proceedings are. had before a court gt the United States or of the Territories, on semral libels against any vessel and cargo, ‘ which might legally `jolned in onef libel, there shall ner iw allowed thereon more costa than on one- libel,- unless special cause _1’or libeling the vessel and cargo separately “is sam- `factorlly shown on motion in open court. And in proceedings on Several libels or informations against any cargo, or parte uf cargo, or merchandlp seizedjs forfeited for the same cause, there shall not be allowed more costs than would be lawful em oneflibel or information, whatever may be the number of owners or conslgnees therein concerned. But allowance may be made on one libel or information for the,costs incidental to several ·claima._ ·(l*t.' S. § 978.) . _ _' ,_, _ ,827.- Same; payment before p¤s@ion of vessel.-4·—\Vlne—x»» judgment is' rendered in tayor ot the claimant et. any vessel or other property seized on cbehalt or the United States, and libeledlor informed against as forfeited under any.la·w `thereef, be shall be, entitled. to. possession of the saute. when; his own ·costs“a‘re paid. (R. S. §·979.)' S · » l -828.. Witness. fees before commissioner; tsxatione-In- no ‘ case shall the tees of more than four `witnesses be taxed agninss ’ the United States, in- the. examination, of any criminal case before a United _Statcs.·commiesioner,_ unless their materlality and importance arekflrst approved and certiaed to by the district attorney for the dletrlctjn which the eiamlnation is had; and auch taxation, shall be subject to revision, as in other cases. T(R. S..§_981.’)_’ 1 - -· _ » · · — · 829. Costa; `attorney liable fer, vrhcn.——-·Ii' anyattorney; prortor, or other person admitted to conduct causes in, any cenrt L of the United States, or of any Territory, appears to have mah tiplied the proceedings in any canine before such conrt. so as to Increase costs unreasonably and vexatlouély, he shall be re- _quired,_ by order ot the court, to satisfy any excess of costs so increased. '/(RJS. .5 982;) _ _ `*. [  _ c `830. Sante; bill of; taxation.--The bill ot fees of the clerk, · marshallaand attorney, and the amonnt paid printers ag;} witnesses, and lawful `fees for exretnpllficatiens and copies of papers necessarily obtained for use on trials_ incases where by law costs are recoverableln favor of the prevailing party, Qshall be taxed by a jndge Ur clerk ot the court, and be lnclmiledjn and form aportion of a jndgment or decreeagalpst the losing party. Snch taxed bills ehall be med with the papers 'in the cause. (R. 8.3 983.) - · ‘ _  2. 831. Same; bill of; sworn to.--·~Before any bill ot costs 'ahall be taxed by any judge or other ofticer,‘er allowed by any officer of the Treasury, for services of clerkalmarshals, conimissioners. or distrlq attorneys, the party claiming each bill ebelt prove by his own oath, or that of enme other person having a ' knowledae ot. the facts, to be attached to·snch bill, and tiled tl1ei·ewitb,`that tbeservlces charaed therein have been actually and necessarily performed, aa therein mated; ;(R. S. I 984;) ‘ `832. Suits, and sa forth, by poor personst prepayment of fees and copts.————Any citizen ot the United States entitled to com-