The informer's statute (R.S. § 3490 [31 U.S.C.A. § 231]) incorporates section 5438 of the Revised Statutes as it stood when the Revised Statutes were adopted, not as section 5438 has later been amended (18 U.S.C.A. § 80). Kendall v. United States, 12 Pet. 524, 9 L.Ed. 1181. An informer's action will therefore lie only in cases where the defendant has made false, fictitious, or fraudulent...
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