or through any means or device whatsoever, receive or accept from such common carrier any sum of money or any other valuable consideration as a rebate or offset against the regular charges for transportation of such property, as fixed by the schedules of rates provided for in this act, shall in addition to any penalty provided by this act forfeit to the United States a sum of money three times the amount of money so received or accepted and three times the value of any other consideration so received or accepted, to be ascertained by the trial court; and the Attorney General of the United States is authorized and directed, whenever he has reasonable grounds to believe that any such person, corporation, or company has knowingly received or accepted from any such common carrier any sum of money or other valuable consideration as a rebate or offset as aforesaid, to institute in any court of the United States of competent jurisdiction, a civil action to collect the said sum or sums so forfeited as aforesaid; and in the trial of said action all such rebates or other consideration so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such consideration, so received or accepted, or both, as the case may be. Part of § 1, act February 19, 1903, 32 Stat. 547, as amended June 29, 1906, c. 3591, 34 Stat. 588, 589. § 1370. Forfeitures to United States, recovery and venue. The forfeiture provided for in this act [i. e. for failure to obey Commission's orders] shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the carrier has its principal operating office, or in any district through which the road of the carrier runs. Part of § 12, act February 4, 1887, c. 104, 24 Stat. 383, as amended § 1371. Duty of district attorneys-special counsel-costs. It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. The Commission may, with the consent of the Attorney General, employ special counsel in proceeding under this act, paying the expenses of such employment out of its own appropriation. Part of § 16, act February 4, 1887, c. 104, 24 Stat. 384, as amended March 2, 1889, 25 Stat. 859, as ameded June 29, 1906, c. 3591 34 Stat. 591. CHAPTER 43. SUITS BY AND ON BEHALF OF UNITED STATES. § 1380. Procedure in government condemnation suits. § 1381. § 1382. § 1383. Injunction to enforce removal of obstructions to navigable waters. Suits for duties, taxes, penalties etc., to be in name of United § 1384. Consolidation of suits for revenue seizures. § 1385. Notice of libel for seizure under revenue laws and judgment thereon. Property taken under revenue laws irrepleviable. § 1386. § 1387. -sale of condemned vessels, goods, etc. § 1388. Judgment against delinquent officer accountable for public money, -continuance, when granted. § 1389. § 1390. Compromise of cases under revenue laws. Discontinuance or nol. pros. in cases of illicit distilling, only by permission. § 1391. Suits for penalties under alien immigrant law not to be compromised without court's consent. § 1392. § 1393. Recovery of penalties and forfeitures under navigation laws. § 1394. Judgment on debentures for customs duties-continuances, when Postal suits-when attachment may issue-where defendant has § 1400. § 1401. § 1402. removed property. —by whom application for attachment made-affidavit. issuance and execution of attachment. trial of issue as to ownership of attached property-other remedies. § 1403.-proceeds and accretions-how invested. § 1404. publication of attachment, when and how made. § 1405. -persons having property of defendant to account-sales void personal notice. § 1406. -defendant discharged from attachment on giving bond. § 1407. foregoing proceedings not to abridge existing rights of United 1410. § 1411. § 1412. When defendant sued by United States may claim credits. § 1413. § 1414. -issue tendered when garnishee denies indebtedness. § 1415. Liability of United States to costs in revenue suits. § 1416. § 1417. § 1418. § 1419. Payment of costs by defendant prosecuted for fine or forfeiture. § 1420. § 1421. § 1422. Suits on Federal building contractor's bond.—intervenors. § 1423. -all creditors in one suit-pro rata payment-discharge of surety. § 1424. creditors to have actual and published notice of suit. § 1380. Procedure in government condemnation suits. The practice, pleadings, forms and modes of proceedings in causes arising under the provisions of this act [an act to authorize the condemnation of land for sites for public buildings, etc.] shall conform, as near as may be, to the practice, pleadings, forms and proceedings existing at the time in like causes in the courts of record. of the State within which such circuit or district courts are held, any rule of the court to the contrary notwithstanding. § 2 of act August 1, 1888, c. 728. 25 Stat. 357, U. S. Comp. Stat. 1901, p. 2517. The phraseology of the above section is similar to that used in the general provision conforming Federal procedure in cases at law to that obtaining in the courts of the various States.1 § 1381. Injunction to enforce removal of obstructions to navigable waters. The removal of any structures or parts of structures erected in violation of the provisions [forbidding bridges, dams, dikes, etc., upon navigable waters except upon plans approved by the War Department] of the said sections [i. e., sections nine, ten and eleven of the act] may be enforced by the injunction of any circuit court ex 1 Ante, § 900. ercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States. Part of § 12, act March 3, 1899, c. 425, 30 Stat. 1151, as amended February 20, 1900, c. 23, § 2, 31 Stat. 32, U. S. Comp. Stat. 1901, p. 3542. § 1382. Suits for unlawful enclosure of public lands. Where the alleged unlawful inclosure [of public lands] includes less than one hundred sixty acres of land, no suit shall be brought under the provisions of this act [by the United States district attorney for the destruction of such enclosure] without authority from the Secretary of the Interior. § 6, of act February 25, 1885, c. 149, 23 Stat. 322, U. S. Comp. Stat. 1901, p. 1526. The act makes it the district attorney's duty to sue in such cases.3 § 1383. Suits for duties, taxes, penalties, etc., to be in name of United States. All suits for the recovery of any duties, imposts, or taxes, or for the enforcement of any penalty or forfeiture provided by any act respecting imports or tonnage, or the registering and recording or enrolling and licensing of vessels, or the internal revenue, or direct taxes, and all suits arising under the postal laws, shall be brought in the name of the United States. R. S. § 919, U. S. Comp. Stat. 1901, p. 685. The correct practice is to bring suit in the name of the United States when they are the real parties in interest,5 although information filed in the name of the district attorney, where the United States was a real party plaintiff, has been held valid. So also proceedings to condemn vessel as prize have been brought in the name of the captor;7 and the law permits anyone to sue for recovery of the penalty imposed for overcrowding a vessel.8 It has been held, however, that the Attorney General has no power to maintain suit in his own name to repeal letters patent for an invention.9 As is elsewhere shown, in equity cases the United States proceeds by bill rather than by the English method of infomation.10 * Ante, § 534. 5 Benton v. Woolsey, 12 Pet. 30, 9 L. ed. 987. • Benton v. Woolsey, 12 Pet. 30, 9 L. ed. 987. 7Jecker v. Montgomery, 18 How. 125, 15 L. ed. 317. 8R. S. §§ 4465 and 4469, U. S. Comp. Stat. 1901, p. 3046, 3048. See also Hatch v. Steamboat Boston, 3 Fed. 807. 9 Attorney General V. Rumford Works, 32 Fed. 608. 10 Ante, § 944.[a] |