under special circumstances may be recovered. Aurora City v. West, 7 Wall., 82; Town of Genoa v. Woodruff, 92 U. S., 502.

SEC. 967. When judgments of United States courts cease to be liens.-Judgments and decrees rendered in a circuit or district court, within any State, shall cease to be liens on real estate or chattels real, in the same manner and at like periods as judgments and decrees of the courts of such State cease, by law, to be liens thereon.

4 July, 1840, c. 43, s. 4, v. 5, p. 393.

The provision confined to the period of the lien.-The provision (§ 967) does not adopt all the provisions of the State laws which may prescribe conditions requisite to make a State judgment a lien, such as an act of the legislature requiring a judgment to be recorded in the county where the land lies, but merely refers to the State law to determine when the lien shall terminate. Cropsey v. Crandall, 2 Blatch., 341; Massingall v. Downs, 7 How., 760.

Where a party filed his libel in the district court for Ohio, claiming damages by a collision on two vessels on the lake, and obtained a decree in personam for money as compensation, it was held that the decree was a lien on the land of the respondent. Ward v. Chamberlain, 2 Black, 430.

Where a judgment of the State courts creates a lien, a judgment of the United States courts creates the same lien throughout the district to which the jurisdiction of the federal courts extend, and State statutes restricting and modifying the liens of judgments, cannot affect the liens of judgments in the federal courts. Massingall v. Downs, 7 How., 760; Lombard v. Bayard, 1 Wall., Jr., C. C., 196.

SEC. 968. When plaintiff or petitioner recovers in a circuit court less than certain amounts, he recovers no costs. When, in a circuit court, a plaintiff in an action at law originally brought there, or a petitioner in equity, other than the United States, recovers less than the sum or value of five hundred dollars, exclusive of costs, in a case which cannot be brought there unless the amount in dispute, exclusive of costs, exceeds said sum or value; or a libelant, upon his own appeal, recovers less than the sum or value of three hundred dollars, exclusive of costs, he shall not be allowed, but, at the discretion of the court, may be adjudged to pay, costs.

24 Sept., 1789, c, 20, s. 20, v. 1, p. 83; 3 Mar., 1803, c. 40, s. 2, v. 2, p.

Costs against the United States. No judgment can be rendered directly for costs, or expenses, or damages, against the United States in the absence of an act of congress authorizing it. The Antelope, 12 Wh., 546 (1805); United States v. Hooe, 3 Cr., 73 (1817); United States v. Barker, 2 Wh., 395. See § 4640 of the revised statutes.

Yet, when an action is brought by the United States to recover money in the hands of a party who has a legal claim against the same, he may set up such claim. United States v. Ringgold, 8 Pet., 150. See post, General Rule 24, as to costs against the United States.

Costs in the circuit court.—If the judgment, in an action at law in the circuit court, is less than five hundred dollars, the plantiff is not entitled to costs., Leeds v. Cameron, 3 Story, 489.

Where a suit was brought in a State court to recover back an excess of duties paid to a collector, and removed to a circuit court, where he recovered under five hundred dollars, and over fifty dollars, and the case was one in which the plaintiff could have recovered costs in the State court if the suit had not been removed, it was held that he was entitled to recover costs in the circuit court, although if the suit had been originally brought in the circuit court he could not have recovered costs. Field v. Schell, 4 Blatch., 435; Kneas v. The Schuylkill Bank, 4 Wash., C. C., 106; Ellis v. Jarvis, 3 Mason, 457.

Costs can only be awarded as authorized by acts of congress. Coggill v. Lawrence, 2 Blatch., 304; Dedekam v. Vose, 3 Id., 153, in admiralty.

Discretion as to costs.-But the court will not charge the plaintiff with costs of the defendant unless special reasons exist for it, such as frivolousness of the demand, or vexatious purpose in bringing the suit. Green v. Bateman, 2 Woodb. & M., 359. See post, General Rule 24, as to costs.

In admiralty.-In admiralty the essential merits and equities of the parties will be regarded, rather than the result of the litigation, in adjudging costs. The Martha, Blatch. & H., 151; The Victory, Id., 443; McDer mott v. The S. G. Owens; 1 Wall., Jr., C. C., 370.

And where a suit in admiralty was unreasonably prosecuted, the court imposed costs on the libelant, though successful. Grannon v. Hartshorn, Blatch. & H., 454.

SEC. 969. Costs in internal revenue suits upon information. When a suit for the recovery of any penalty or forfeiture accruing under any law providing internal revenue is brought upon information received from any person other than a collector, deputy collector, or inspector of internal revenue, the United States shall not be subject to any costs of suit.

13 July, 1866, c. 184, s. 9, v. 14, p. 111.

SEC. 970. Claimant not entitled to costs when reasonable cause of seizure.-When, in any prosecution commenced on account of the seizure of any vessel, goods, wares, or merchandise, made by any collector or other officer, under any act of congress authorizing such seizure, judginent is rendered for the claimant, but it appears to the court that there was reasonable cause of seizure, the court shall cause a proper certificate thereof to be entered, and the claimant shall not, in such case, be entitled to costs, nor shall the person who made the seizure, nor the prosecutor, be liable to suit or judg ment on account of such suit or prosecution: Provided, That the vessel, goods, wares, or merchandise be, after judgment, forthwith returned to such claimant or his agent.

2 Mar., 1799, c. 22, s. 89, v. 1, pp. 695, 696; 24 Feb., 1807, c. 19, s. 1, v. 2, p. 422.

Where probable cause has been certified, under the provisions of this section, and the court has omitted to make an order for the return of the property, the claimant of the goods, in whose favor judgment is rendered, should move the court for the necessary order to cause the property to be returned to him. Averill v. Smith; 17 Wall., 93.

A doubt as to the construction of the law may be good ground for seizure, and authorize a certificate of probable cause. United States v. Riddle, 5 Cr., 311; Locke v. United States, 7 Cr., 338; Otis v. Walkins, 9 Id., 339; Gilson v. Hoyt, 3 Wh., 314; The Appollon, 9 Id., 362.

Probable cause is, when the facts are given,. a question of law. United States v. Gay, 2 Gallis, 359.

SEC. 971. Double costs, when plaintiff is nonsuited in action against officer making seizure, etc.-If, in any suit against an officer or other person executing or aiding or assisting in the seizure of goods, under any act providing for or regulating the collection of duties on imports or tonnage, the plaintiff is nonsuited, or judgment passed against him, the defendant shall recover double costs.

2 Mar., 1799, c. 12, s. 71, v. 1, p. 678.

SEC. 972. Copyright suits, full costs allowed.—In all recoveries under copyright laws, either for damages, forfeitures, or penalties, full costs shall be allowed thereon.

8 July, 1870, c. 230, s. 108, v. 16, p. 215.

SEC. 973.

Costs not recovered in certain suits for infringement of patent, unless disclaimer entered, etc.When judgment or decree is rendered for the plaintiff or complainant, in any suit at law or in equity, for the infringement of a part of a patent, in which it appears that the patentee, in his specification, claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the original and first inventor, no costs shall be recovered, unless the proper disclaimer, as provided by the patent laws, has been entered at the patent-office before the suit was brought.

8 July, 1870, c. 230, s. 60, v. 16, p. 207.

SEC. 974. When costs of prosecution to be paid by defendant. When judgment is rendered against the defendant in a prosecution for any fine or forfeiture incurred under a statute of the United States, he shall be subject to the payment of costs: and on every conviction for any other offense not capital, the court may, in its discretion, award that the defendant shall pay the costs of the prosecution.

8 May, 1792, c. 36, s. 5, v. 1, p. 277.

SEC. 975. When costs are recovered by defendant in a prosecution.-If any informer or plaintiff on a penal statute, to whom the penalty or any part thereof, if recovered, is directed to accrue, discontinues his suit or prosecution, or is nonsuited therein, or if upon trial judgment is rendered in favor of the defendant, the court shall award to the defendant his costs, unless such informer or plaintiff is an officer of the United States specially authorized to commence such prosecution, 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. 8 May, 1792, c. 36, s. 5, v. 1, p. 277.

SEC. 976. Fees of clerk, marshal, etc.-when payable by informer-when by United States.-If any informer on a penal statute, to whom the penalty or any part thereof, if

recovered, is directed to accrue, discontinues his suit or prosecution, or is nonsuited therein, or if upon trial judgment is rendered in favor of the defendant, such informer shall alone be liable to the clerk, marshal, and attorney for the fees of such prosecution, unless he is an officer of the United States whose duty it is to commence such prosecution, and the court certifies that there was reasonable cause for commencing the same; in which case the United States shall be responsible for such fees.

SEC. 977. Costs, when several actions are brought against parties who might be joined in one.-It' several actions or processes are instituted, in a court of the United States or one of the Territories, against persons who might legally be joined in one action or process touching the matter in dispute, the party pursuing the same shall not recover, on all of the judgments therein which may be rendered in his favor, the costs of more than one action or process, unless special cause for said several actions or processes is satisfactorily shown on motion in open court.

22 July, 1813, c. 14, s. 1, v. 3, p. 19.

SEC. 978. Allowance of costs in libels against vessels and cargo. When proceedings are had before a court of the United States or of the Territories, on several libels against any vessel and cargo, which might legally be joined in one libel, there shall not be allowed thereon more costs than on one libel, unless special cause for libeling the vessel and cargo separately is satisfactorily shown on motion in open court. And in proceedings on several libels or informations against any cargo, or parts of cargo, or merchandise seized as forfeited for the same cause, there shall not be allowed more costs than would be lawful on one libel or information, whatever may be the number of owners or consignees therein concerned. But allowance may be made on one libel or information for the costs incidental to several claims.

22 July, 1813, c. 14, s. 2, v. 3, p. 20.