The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In some of our States, also, if any private individual files a
complaint under oath before a proper magistrate accusing another
of a properly specified offense, a warrant of arrest may issue.
In many there are statutes authorizing _qui tam_ actions to
be brought by any one. These are actions to recover a statutory
penalty prescribed for some wrongful act in the nature of a
misdemeanor. The term _qui tam_ comes from the Latin terms
of the old English writ used for such proceedings, in which the
plaintiff describes himself as one _qui tam pro domino rege
quam pro seipso in hoc parte sequitur_. The plaintiff is
styled "a common informer," and his action is for the joint
benefit of himself and of the State, or of some other public
corporation or officers designated by the statute. He is
sometimes given an option to sue in the form of a civil action,
or by an information and the use of criminal process. In
proceedings of the latter description a warrant issues upon which
the defendant is liable to arrest.[Footnote: Canfield _v._
Mitchell, 43 Conn. Reports, 169.] The action may, under some
statutes, be brought in the name of the government, though by and
at the cost of the informer. In such case, unless it is
otherwise provided, he retains the exclusive management of the
cause as fully as if he appeared as the sole plaintiff on the
face of the record. If the plaintiff obtains judgment, and
collects the penalty, he must pay half of it over to the
government. If he fails, he is personally liable to the
defendant for the taxable costs of the action. Under such a
statute, a public prosecuting officer can sue for the entire
penalty, whenever no action has been brought by a private
individual.
The tendency of modern American legislation is toward placing the
collection of penalties for misdemeanors wholly in the hands of
public officers. The _qui tam_ action is certainly a cheap
mode of enforcing laws, and one likely to be pressed to a prompt
issue. As observed by the late Judge Deady, "prosecutions
conducted by such means compare with the ordinary methods as the
enterprising privateer does to the slow-going public
vessel."[Footnote: United States _v._ Griswold, 24 Federal
Reporter, 361; 30 _id_., 762.] But they appeal to sordid
motives and are liable to abuse. One who is exposed to such a
suit often gets a friend to bring it, in order to forestall
proceedings by others or by the State, and with a view to
delaying or defeating the collection of the penalty. These
considerations induced Parliament to restrict the remedy in
England as early as the reign of Henry VII, and have proved of
equal force in course of time in the United States.
Public-domain text, read in full here on John Shaqi.
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