The fees of United States com § 331 a. Commissioners' Fees. missioners are fixed by statute as follows: "For administering an oath, ten cents."1 When a complaint in a criminal prosecution is sworn to and filed, the commissioner is entitled to the fee of ten cents in addition to the fee for filing a paper in a cause.2 He may also charge ten cents for administering an oath required by the State law to be administered to sureties on a bail bond.3 A commissioner may charge ten cents for each witness to whom he administers an oath in proof of his mileage and attendance.1 A commissioner who acts as Chief Supervisor of Elections may charge for drawing the oaths of the supervisors, for administering them, and for the jurat to each oath; 5 for drawing the affidavits of each supervisor as to his services for which compensation is claimed; for copies of the same when required by the Department of Justice; for administering oaths to voters; for filing recommendations for appointments of supervisors, but not for recording and indexing the same; 9 for indexing appointments, but not for recording them; 10 for preparing and printing general and special instructions to supervisors, but not to a charge per folio for each copy furnished to a supervisor. Such a commissioner may charge for certificates to the accounts of supervisors and deputy marshals; 12 for stationery and for printing forms and blanks; 13 but not for a per diem fee, or mileage for his attendance in court; 14 nor for notifying supervisors of their appointments.15 "For taking an acknowledgment, twenty-five cents." 16 A commissioner may charge fifteen cents a folio for drawing a bail bond, and he may charge twenty-five cents for an acknowledgment to a bail bond. 18 He can ordinarily charge but a single fee for taking the acknowledgment of principal and sureties to a bail bond.19 § 331 a. 1 U. S. R. S. § 847. 2 U. S. v. McDermott, 140 U. S. 151; U. S. v. Barber, 140 U. S. 164; Strong v. U. S., 34 Fed. R. 17; McKinistry v. U. S., 34 Fed. R. 211. See U. S. v. Ewing, 140 U. S. 142. 3 U. S. v. Barber, 140 U. S. 164; Strong v. U. S., 34 Fed. R. 17; McKinistry v. U S., 34 Fed. R. 211. See U. S. v. Ewing, 140 U. S. 142. 4U. S. v. Barber, 140 U. S. 164. 8 U. S. v. McDermott, 140 U. S. 151. 9 U. S. v. Poinier, 140 U. S. 160. 10 U. S. v. Poinier, 140 U. S. 160. 11 U. S. v. McDermott, 140 U. S. 151; U. S. v. Poinier, 140 U. S. 160. 12 U. S. v. McDermott, 140 U. S. 151. 13 U. S. v. Poinier, 140 U. S. 160. 14 U. S. v. McDermott, 140 U. S. 151; U. S. v. Poinier, 140 U. S. 160. 15 U. S. v. McDermott, 140 U. S. 151. 17 Marvin v. U. S., 44 Fed. R. 405. "For hearing and deciding on criminal charges, five dollars a day for the time necessarily employed." 20 A commissioner has judicial discretion to grant a continuance, and may charge a per diem fee for a day on which a continuance is had.21 He may charge a per diem fee for time spent in hearing and deciding a motion for bail, and the sufficiency of bail.22 A commissioner cannot charge a per diem fee of five dollars for merely clerical services. Such services do not involve "a hearing and deciding." 23 A commissioner is entitled to a per diem fee for time actually spent by him in his judicial character as commissioner on criminal cases after the accused were arrested, though their cases were continued,24 and the commissioner's per diem for services performed as such, though he performed services as clerk, and received compensation therefor on the same day.25 The provision of the Act of August 4, 1886,26 which is an appropriation bill, that commissioners may be paid the same compensation as is allowed clerks for like services, but " shall not be entitled to any docket fees," applies not merely to that appropriation, but is still in force.27 "For attending to a reference in a litigated matter, in a civil cause at law, in equity, or in admiralty, in pursuance of an order of the court, three dollars a day." 28 If the commissioners are required by the court to forward to the clerk a transcript of the proceedings in a case examined by them, they are entitled to be paid for a copy of the proceedings as entered on their docket at the rate of ten cents a folio, and for the certificate annexed thereto at the rate of fifteen cents a folio.29 "For taking and certifying depositions to file, twenty cents for each folio." 30 Under this clause a fee may be charged for drawing the complaint on a criminal charge,31 even if more than three folios in length,82 and although more than one com 20 U. S. R. S. § 847; U. S. v. Jones, 134 U. S. 483. 21 U. S. v. Ewing, 140 U. S. 142, 150. 22 U. S. v. Jones, 134 U. S. 483. 27 U. S. v. Ewing, 140 U. S. 142; Marvin v. U. S., 44 Fed. R. 405. 28 U. S. R. S. § 847. 29 U. S. R. S. § 847, par. 7, and § 828, 28 Rand v. U. S., 36 Fed. R. 671; Har- par. 8, 9; McKinistry v. U. S., 34 Fed. R. per v. U. S., 21 Ct. of Cl. 56. 24 Marvin v. U. S., 44 Fed. R. 405; U. S. v. Jones, 134 U. S. 483; U. S. v. Ewing, 140 U. S. 142. 25 Marvin v. U. S., 44 Fed. R. 405. 26 24 St. at L. 274. 211; Strong v. U. S., 34 Fed. R. 17. 30 U. S. R. S. § 847. 81 U. S. v. Ewing, 140 U. S. 142, 145; U. S. r. McDermott, 140 U. S. 151; U. S. v. Barber, 140 U. S. 164. 32 U. S. v. Barber, 140 U. S. 177, 178. plaint is made against the same party for a violation of the same statute; 33 and for writing down the testimony of witnesses.34 Any State officer who is authorized to take depositions will usually be allowed the same fees for such services as are allowed to a clerk of a court or a court commissioner, though no Federal statute makes any provision for such fees.35 "For each copy of the same," certified depositions on file, “furnished to a party on request, ten cents for each folio." 36 "For issuing any warrant or writ, and for any other service, the same compensation as is allowed to clerks for like services." 37 So much of this clause as allows a commissioner a docket fee is held to have been repealed by the Act of August 4, 1886, where a proviso expressly declared that commissioners shall not be entitled to any docket fees.38 The provision that for any other service such compensation shall be given as is allowed to clerks for like services, entitles a commissioner to a docket fee only when he actually performs such services as he is required to perform by law or by an order of the court.39 "Like services" do not necessarily mean the same services, but similar services.40 A commissioner is entitled to a fee for issuing a warrant and subpoena and filing the same when returned,11 and for entering the return.42 A commissioner may charge ten cents for filing a complaint.43 He is entitled to a charge per folio for jury rolls of witnesses; to a charge per folio for the transcripts of his proceedings returned to the clerk's office; 45 to a separate charge for the oath of each surety to a bail bond or recognizance, and for the jurat to such oaths; and to a single charge for the acknowledgment of the execution of a bail bond or recognizance by the principal and all the sureties.46 Each deposition is not a separate paper, for filing which a fee of ten cents may be charged.47 When several depo 33 U. S 179. 44 v. Barber, 140 U. S. 177, Kinistry v. U. S., 34 Fed. R. 211; U. S. v. Ewing, 140 U. S. 142. 34 U. S. v. Ewing, 140 U. S. 142, 147; U. S. v. Barber, 140 U. S. 164. 85 Jerman v. Stewart, 12 Fed. R. 271. 36 U. S. R. S. § 847. 37 U. S. R. S. §§ 828, 847; U. S. v. Wallace, 116 U. S. 398. 38 24 Stat. pp. 256, 274; U. S. v. Ewing, 140 U. S. 142. 39 Strong v. U. S., 34 Fed. R. 17; Mc 40 U. S. v. Knox, 128 U. S. 230, 233; U. S. v. Wallace, 116 U. S. 398. 41 Strong v. U. S., 34 Fed. R. 17; McKinistry v. U. S., 34 Fed. R. 211. 42 U. S. v. Ewing, 140 U. S. 142. 48 U. S. v. Barber, 140 U. S. 164, 166. 44 U. S. v. Barber, 140 U. S. 164, 167. 45 U. S. v. Barber, 140 U. S. 164, 167. 46 U. S. v. Barber, 140 U. S. 164, 167. 47 U. S. v. Barber, 140 U. S. 164, 168. sitions are attached together, they are considered as the same paper.48 A commissioner may charge fifteen cents a folio for drawing a bail-bond.49 Where a commissioner is ordered by the court to make a monthly report in duplicate of all cases instituted or examined before him, he may charge for furnishing the same at the rate of fifteen cents a folio.50 In the District of Tennessee a warrant or other writ requires a seal, and a commissioner may tax a fee of twenty cents for affixing his seal thereto.51 A commissioner is entitled to ten cents a folio for copies of the "process" returned by him into the clerk's office of the court, as required by Section 1014 of the Revised Statutes. By copies of process is meant the warrant or writ by which the defendant is brought to answer the charge preferred against him.52 The provision of Section 1030 of the Revised Statutes, that no writ is necessary for remanding a prisoner from the court into custody applies where the accused is in custody under a warrant from the court, and not where he is arrested on the first warrant of the commissioner to arrest and bring before him, and, at least in the District of Tennessee, the commissioner is entitled to a fee for a mittimus upon the first continuance, if the prisoner is to be held.53 The commissioner is entitled to fees for the affidavit, warrant, &c., in the case of an accused person who was not arrested, because he left the State.54 Under the provision of the statute that "copies of the process shall be returned to the clerk's office," fees should be allowed for transcripts of the record.55 "For issuing any warrant under the tenth article of the treaty of August nine, one thousand eight hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any crime or offence set forth in said article, two dollars." 56 "For issuing any warrant under the provision of the convention for the surrender of criminals, between the United States and the King of the French, concluded at Washington, No 48 U. S. Barber, 140 U. S. 164, 168; Schell's Ex'rs v. Touchè, 138 U. S. 562. 49 U. S. R. S. §§ 828, 847; Strong v. U. S., 34 Fed. R. 17; McKinistry v. U. S., 34 Fed. R. 211. 50 U. S. R. S. §§ 828, 847; Strong v. U. S., 34 Fed. R. 17; McKinistry v. U. S., 34 Fed. R. 211. 61 Clough v. U. S., 47 Fed. R. 791. 52 U. S. R. S. §§ 828, 847, 1014; McKinistry v. U. S., 34 Fed. R. 211; Strong v. U. S., 34 Fed. R. 17; U. S. v. Ewing, 140 U. S. 142. 53 U. S. v. Ewing, 140 U. S. 142; Marvin v. U. S., 44 Fed. R. 405. 54 Marvin ". U. S., 44 Fed. R. 405. 55 Marvin v. U. S., 44 Fed. R. 405. 56 U.S. R. S. § 847. vember nine, one thousand eight hundred and forty three, two dollars." 57 "For hearing and deciding upon the case of any person charged with any crime or offence, and arrested under the provisions of said treaty, or of said convention, five dollars a day for the time necessarily employed." 58 A commissioner cannot charge a fee for drawing criminal complaints,59 but he may for filing them.60 "For the examination and certificate in cases of applications for discharge of poor convicts, imprisoned for non-payment of a fine, or fine and costs, five dollars a day for the time necessarily employed." 61 A commissioner is entitled to fifteen cents a folio for every order or certificate given by him to a witness or officer, and on which the witness or officer is paid.62 It has been held that under the Chinese Exclusion Act 63 a commissioner can charge a docket fee of twenty dollars, but no fee for any other services.64 332. Marshal's Fees."The marshal of the Supreme Court of the United States shall be entitled to receive for the service of any warrant, attachment, summons, capias, or other writ, except execution, venire, or a summons, or subpœna for a witness, one dollar for each person on whom such service may be made. His fees for all other services shall be the same as are herein allowed to other marshals; but he shall pay into the Treasury of the United States all fees received by him, and render a true account thereof at the close of each term to the Attorney-General."2 The fees of the other United States marshals are fixed by statute as follows: "For service of any warrant, attachment, summons, capias, or other writ, except execution, venire, or a summons or subpoena for a witness, two dollars for each person on whom service is made." 3 The marshal has a right to demand in advance the payment of fees for the service of process, and may have an attachment to 57 U. S. R. S. § 847. 58 U. S. R. S. § 847. 59 Strong v. U. S., 34 Fed. R. 17. 60 McKinistry v. U. S., 34 Fed. R. 211. 61 U. S. R. S. § 847. See also § 1042. 62 Strong v. U. S., 34 Fed. R. 17; McKinistry v. U. S., 34 Fed. R. 211; U. S. v. Ewing, 140 U. S. 142; U. S. v. McDermott, 140 U. S. 151; U. S. v. Barber, 140 U. S. 164. 68 23 St. at L. 115,117, 118. 64 Carr v. U. S. 23 Ct. of Cl. 118. § 332. By T. M. Rowlette, Esq., of the New York bar, and S. Lewis Moody, Esq., of the Maine bar. 2 U. S. R. S. § 832. 8 U. S. R. S. § 829. 4 Ray v. Knowlton, 11 Biss. C. C. 360; Duy v. Knowlton, 14 Fed. R. 107. |