IN BE BRITTIN GHA lIf.
(DitJirict Court, 8. D. New York. .,
Dccembe.r, 1880.) ,
JUNE 22, 1874, H 4 AND 6-ACT Oll' JUNE 16, l880. Sums.l'ecovered on forfeited bail-bonds are not" fines, penalties, or forfeitures," within section 4 of the act of June 22, 1874, and the peHis not entitled under its provisions to compensation as an informer. The secretary of the treasury is not allthorizcd to give rewards to informers under the act of June 16, 1880, which makes provision for the expenses of the government in bringing to trial and' conviction persons engaged in counterfeiting and other felonies. The act of June 22, (section 6,) 1874, providing for a certificate by the judge or court to the secretary of the as to the value of an informer's services, has no application to the act of June 16,
Thomas S. Moore, for petitioner. CnoATE,D. J. The petitioner claims to have given original informatiop.to a chief officer of the customs which led to, the indictment of certain persons for offences against the laws of the United States relating to the customs revenne. The parties indicted having been arrested and held to bail, their bailbonds were afterwards forfeited, and the sureties paid to the United States about $16,000 in satisfaction thereof. The petitioner now applies for an order of reference to a commissioner that he may make proof of the facts, with a view to having the case certified by the court to the secretary oUhe treasury for the payment to him of a compensation as an informer. The petitioner is not entitled to any relief; Amounts reo covered on forfeited bail-bonds are not "fines, penalties, or forfeitures," within the fourth section of the act of June 22, 1874, (18 St. 186.) It is urged, however, that, though the petititioner has no claim under that statute, he is entitled to compensation under the act of June 16, 1880, which makes apptopriations for the expenses of the government, including a certain "for expenses of detecting and bringing to trial and' punishment persons engaged in counterfeiting, etc., and other felonies committed against the laws, etc., relating to
the revenue service." 21 St. 265. Whatever authority, if any, this provision confers upon the secretary of the treasury to incur expenses for the purposes indicated, it does not appear to authorize him to give rewards to informers; nor does +.ne sixth section of ihe act of June, 22, 1874, (18 St. 187,) nr.der which this order of reference is asked, have anyapplica,tion to a case of expenses incurred by the secretary under the act of 1880, but only to claims of informers under the act of 1874 above referred to. . Petition dismissed.
UNITED STA.TES V. BAIN.
(Circuit Oourt, D. Maine. September, 1880.)
1. SHIPPING AnTICLES-DESCRIPTION OF VOYAGE-REV. ST. f 4020.Shipping articles, signed by a seaman at Philadelphia, described the voyage as "from that port to Portland, Maine j thence to some one or more ports east, if required by the master, and back to a western port of discharge. Term not to exceed two months." Held, under section 4520 of the Revised Statutes, that they were sufficiently precise and definite to be obligatory upon the parties. Thompson v. The Oakland, 4 Law Rep. 30l. 2.. COASTWISE VESSELS-ACT OF JUNE 9, 1874, C. 260-AcT OF JUNE 7, 1872, (SIIIPPING COMMISSIONERS' ACT,) REV. ST. TITLE 53.-The act of June 9, 1874, c. 260, enacted" that none of the provisions of the act of June 7,1872, (shipping, commissioners' act,) should apply to sail or steamvessels engaged in the coastwise trade, except the coastwise trade between the Atlantic and Pacific coasts." Held, that the effect of this language was to strike from the Revised Statutes, (title 53,) every provision therein which was taken fro::n the act of 1872 relative to such coastwise vessels. 8. COASTWISE VOYAGE-SEAMAN-SHIPPING ARTICLEs.-Held, therefore, that shipping articles for a coastwise voyage need not be signed by a seaman in the presence of a commissioner, master, consignee, or owner. 4. SAME-SAME-DESERTION-REV. ST. TITLE 53, c. 7.-Held, !urthM', that chapter 7, of title 53, of the Revised Statutes, concerning" offences and punishments," was thereby rendered inapplicable to the crews of coasting vessels, and therefore that a seaman was not liable to an indictment for desertion, although legally shipped for a coastwise voyage, and bound by the articles to complete the voyage.-[ED.
Motion for New Trial.