United States v. Fanjul
U.S. Circuit Court for the District of Massachusetts
The defendant was arrested on an indictment charging him with a criminal offence under the customs act of 1799, and gave bail for his appearance, but afterwards made default, and his sureties paid the amount of the bond into court The petitioner alleged himself to be the person who first informed the collector of the crime committed by the defendant, and prayed that a moiety of the money in the registry might be paid out to him. submitted the case without argument, excepting…
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The defendant was arrested on an indictment charging him with a criminal offence under the customs act of 1799, and gave bail for his appearance, but afterwards made default, and his sureties paid the amount of the bond into court The petitioner alleged himself to be the person who first informed the collector of the crime committed by the defendant, and prayed that a moiety of the money in the registry might be paid out to him. submitted the case without argument, excepting a citation of Ex parte Marquand [Case No. 9,100], and a statement of the practice which has followed that decision.
1Opinion of the Court
LOWELL, District Judge.
In Ex parte Marquand [supra], it was decided that fines imposed on a defendant in a criminal case, under the statute of 1799, were to be distributed under section 91 of that act (1 Stat. 697), like penalties and forfeitures; and it is understood to have been the practice in all the districts, since that case, to admit informers to a share of such fines. But in this ease the penalty, so called, which has been paid into court, is not a fine, penalty, or forfeiture recovered by virtue of that act, but the penalty of a recognizance taken by the court to insure the…
2Cited by1 opinion
- In re CaponigriDistrict Court, S.D. New York · 1912