65. SECT. II. When a deputy marshal, who shall be duly appointed by the marshal of any district, shall reside and be more than twenty miles from the place where the district judge of such district shall reside and be, the oath of office required of such deputy, before he enters on the discharge thereof, may be administered and taken by and before any judge or justice of any state court within the same district, or before any justice of the peace, having authority therein, and being certified by him, to the said district judge, shall be as effectual as if administered or taken before such district judge. 66. SECT. III. The compensation to the clerk of the supreme court of the united states, shall be as follows, to wit; for his attendance in court, ten dollars per day, and for his other services, double the fees of the clerk of the supreme court of the state in which the supreme court of the united states shall be holden. To the clerks of circuit and district courts in each state, respectively, the same fees as are allowed in the supreme court of the said state, with an addition thereto of one third of said fees, and five dollars per day for his attendance at any circuit or district court, and at the rate of ten cents per mile for his travel from the place of his abode to either of said courts; and in case a clerk of a court of the united states perform any duty which is not performed by the clerks of the state, and for which the laws of the state make no provision, the court in which such service shall be performed, shall make a reasonable compensation therefor. And in all cases of admiralty jurisdiction, the clerk of the district court shall be allowed the same fees as are prescribed by the second section of an act, passed the first day of March, one thousand seven hundred and ninety-three, entitled "An act to ascertain the fees in admiralty proceedings in the district courts of the united states; and for other purposes."* This act is expired, (see Vol. II. p. 222. Vol. III. p. 255) but the section alluded to is as follows, viz. Fees of the clerk of the district court, in admiralty and maritime causes. For drawing every stipulation, process, monition or subpoena, for each sheet, containing ninety words, fifteen cents. And for engrossing each sheet, ten cents. Entering the return of process, fifteen cents. Filing every libel, claim, pleading, or other paper, six cents. Copies of the pleadings, interrogatories, depositions and exhibits, when requir ed, for each sheet of ninety words, ten cents. Entering each proclamation, fifteen cents. Examining each witness, and drawing his deposition, for each sheet containing ninety words, fifteen cents. Certifying each exhibit or writing fhewn to a witness, at his examination, twenty-five cents. Drawing every decree, or decretal order, for each sheet containing ninety words, fifteen cents. And for entering the same in the minutes, for each sheet, as aforesaid,ten cents. For drawing a record, or making a copy of the proceedings, for each sheet containing ninety words, fifteen cents. But no pleading, deposition, exhibit or other writing, to be inserted therein verbatim, or in hæc verba, shall be computed as any part of such draft. Entering a record in the register, or engrossing or copying proceedings or records to be sealed or exemplified, for each sheet of ninety words, including all the pleadings, depositions, exhibits and writings inserted therein, ten cents. 67. SECT. IV. The compensation to the attornies of the respective districts of the united states, shall be as follows, to wit: For each day which any such attorney shall necessarily attend on business of the united states, during the sesssion of any district or circuit court, five dollars; for travelling from the place of his abode to such court, ten cents per mile; and such fees in each state, respectively, as are allowed in the supreme court thereof; and in the district courts, his stated fees in the cases herein mentioned, shall be as follows, to wit: For drawing interrogatories, five dollars; for drawing and exhibiting libel, claim, or answer, six dollars; and for all other services in any one cause, six dollars. And the annual sum of two hundred dollars, as a full compensation for all extra services, shall be allowed and paid by the united states, to each district attorney for the districts of Maine, New-Hampshire, Vermont, Rhode-Island, Connecticut, New-Jersty, Delaware, Virginia, North-Carolina, Georgia, Kentucky and Tennessee. 68. SECT. V. For all services in criminal cases performed by the attorney for the district of Virginia, and for which no fees are allowed by law for similar services in the courts of that state, he shall be allowed such sum or sums as the court in which the same is rendered, shall consider a reasonable compensation therefor. 69. SECT. VI. The compensation to jurors and witnesses, in the courts of the united states, shall be as follows, to wit: To each grand and other juror, for each day he shall attend in court, one dollar and twenty-five cents; and for travelling, at the rate of five cents per mile, from their respective places of abode, to the place where the court is holden, and the like allowance for returning; to the witnesses sum. moned in any court of the united states, the same allowance as is above provided for jurors. 70. SECT. VII. The respective courts of the united states, shall appoint cryers for their courts, to be allowed the sum of two dollars per day; and the marshals shall be, and they are hereby authorized to appoint such a number of persons, not exceeding three, as the judges of their respective courts shall determine, to attend upon the grand and other jurors, and for other necessary purposes, who shall be allowed for their services, the sum of two dollars per day, to be paid by, and included in the accounts of the marshal, out of any money of the united states in his hands. Every certificate, twenty cents. Entering return of appraisement or sales, for each sheet of ninety words, ten cents. Affixing the seal to any paper, when required, twenty-five cents. Drawing commission to examine witnesses, for each sheet containing ninety words, fifteen cents. And for engrossing the same, if on parchment, including the parchment, twenty cents. And if on paper, for each sheet of ninety words, ten cents. Swearing each witness in court, ten cents For every entry or writing not mentioned or described, such allowance shall be taxed, as for similar services herein mentioned. All money deposited in court, one and a quarter per cent. 71. SECT. VIII. If any informer on a penal statute, and to whom the penalty, or any part thereof, if recovered, is directed to accrue, shall discontinue his suit, or prosecution, or shall be nonsuited in the same, or if, upon trial, judgment shall be rendered in favor of the defendant, unless such informer be an officer of the united states, he shall be alone liable to the clerks, marshals and attornies for the fees of such prosecution; but if such informer be an officer whose duty it is to commence such prosecution, and the court shall certify there was reasonable ground for the same, then the united states shall be responsible for such fees. SECT. IX. is a repealing clause. ACT of March 2, 1799. (Vol. IV. p. 492.) 72. SECT. I. In all cases where a defendant, who hath procured bail to respond the judgment in a suit brought against him in any of the courts of the united states, shall afterwards be arrested in any district of the united states, other than that in which the first suit was brought, and shall be committed to a gaol, the use of which shall have been ceded to the united states for the custody of prisoners, it shall be lawful for and the duty of any judge of the court, in which the suit is depending, wherein such defendant had so procured bail as aforesaid, at the request and for the indemnification of the bail, to order and direct that such defendant be held in the gaol to which he shall have been committed a prisoner, in the custody of the marshal, within whose district such gaol is, and upon the said order duly authenticated, being delivered to the said marshal, it shall be his duty to receive such prisoner into his custody, and him safely to keep, and the marshal shall thereupon be chargeable, as in other cases, for an escape. And the said marshal thereupon shall make a certificate, under his hand and seal, of such commitment, and transmit the same to the court from which such order issued; and shall also, if required, make a duplicate thereof, and deliver the same to such bail, his or their agent or attorney, and upon the said certificate being returned to the court which made the said order, it shall be lawful for the said court or any judge thereof, to direct that an exoneretur be entered upon the bail piece where special bail shall have been found, or otherwise to discharge such bail, and such bail shall thereupon accordingly be discharged. 73. SECT. II. The marshal or his deputy, serving such order as aforesaid, shall therefor receive the same fees and allowances as for the service of an original process commitment thereon to the gaol and the return thereof. 74. SECT. III. In every case of commitment as aforesaid, by virtue of such order as aforesaid, the person so committed shall, unless sooner discharged by law, be holden in gaol until final judgment shall be rendered in the suit in which he procured bail as aforesaid, and sixty days thereafter, if such judgment shall be rendered against him, that he may be charged in execution, which may be directed to and served by the marshal in whose custody he is. Provided always, That nothing in this act contained shall affect any case wherein bail has been already given. ACT of May 7, 1800. (Vol. V. p. 145.) 75. SECT. I. Where the united states shall have obtained judgment in civil actions, brought in those states wherein by the laws and practice of such states lands or other real estate belonging to the debtor are delivered to the creditor in satisfaction of such judgment, and shall have received seisin and possession of lands so delivered, it shall be lawful for the marshal of the district wherein such lands or other real estate are situated, under the directions of the secretary of the treasu ry, to expose the same to sale at public auction, and to execute a grant thereof to the highest bidder, on receiving payment of the full purchase money; which grant, so made, shall vest in such purchaser all the right, estate, and interest of the united states in and to such lands, or other real estate. 76. SECT. II. The sales heretofore made by collectors of certain districts of the united states, of lands or other real estate delivered as aforesaid to the united states, shall be, and they are hereby confirmed: Provided, That this confirmation shall not extend to any sale, unless the condition of such sale has been complied with by the purchaser. 77. SECT. III. Whenever a marshal shall sell any lands, tenements, or hereditaments, by virtue of process from a court of the united states, and shall die, or be removed from office, or the term of his commission expire, before a deed shall be executed for the same by him to the purchaser; in every such case the purchaser or plaintiff, at whose suit the sale was made, may apply to the court from which the process issued, and set forth the case, assigning the reason why the title was not perfected by the marshal who sold the same; and thereupon the court may order the marshal for the time being to perfect the title, and execute a deed to the purchaser, he paying the purchase money and costs remaining unpaid; and where a marshal shall take in execution any lands, tenements, or hereditaments, and shall die, or be removed from office, or the term of his commission expire before sale, or other final disposition made of the same; in every such case, the like process shall issue to the succeeding marshal, and the same proceedings shall be had, as if such former marshal had not died or been removed, or the term of his commission had not expired: And the provisions in this section contained shall be, and they are hereby extended to all the cases respectively which may have happened before the passing of this act. ACT of May 15, 1800. (Vol. V. p. 195.) 73. Jurors to serve in the courts of the united states shall be designated by lot, or otherwise, in each state or district respectively, according to the mode of forming juries to serve in the highest courts of Jaw therein now practised; so far as the same shall render such designation practicable by the courts and marshals of the united states. [See antea 29.] ACT of April 29, 1802. (Vol. VI. p. 83.) 79. SECT. I. From and after the passing of this act, the supreme court of the united states shall be holden by the justices thereof, or any four of them, at the city of Washington, and shall have one session in each and every year, to commence on the first Monday of February annually, and if four of the said justices shall not attend within ten days after the time hereby appointed for the commencement of the said session, the business of the said court shall be continued over till the next stated session thereof: Provided always, That any one or more of the said justices attending as aforesaid shall have power to make all necessary orders touching any suit, action, writ of error, process, pleadings or proceedings, returned to the said court or depending therein, preparatory to the hearing, trial or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings. And so much of the act, entitled "An act to establish the judicial courts of the united states," passed the twenty-fourth day of September, seventeen hundred and eighty-nine, as provides for the holding a session of the supreme court of the united states on the first Monday of Angust, annually, is hereby repealed. [See antea 1.] 80. SECT. II. It shall be the duty of the associate justice resident in the fourth circuit formed by this act, to attend at the city of Washington on the first Monday of August next, and on the first Monday of August each and every year thereafter, who shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings or proceedings, returned to the said court or depending therein, preparatory to the hearing, trial or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings: And all writs and process may be returnable to the said court on the said first Monday in August, in the same manner as to the session of the said court, herein before directed to be holden on the first Monday in February, and may also bear teste on the said first Monday in August, as though a session of the said court was holden on that day, and it shall be the duty of the clerk of the supreme court to attend the said justice on the said first Monday of August in each and every year, who shall make due entry of all such matters and things as shall or may be ordered as aforesaid by the said justice, and at each and every such August session, all actions, pleas, and other proceedings relative to any cause, civil or criminal, shall be continued over to the ensuing Febru ary session. 81. SECT. III. All actions, suits, process, pleadings and other proceedings, of what nature or kind soever, civil or criminal, which were continued from the supreme court of the united states, which was begun and holden on the first Monday of December last, to the next court to have been holden on the first Monday of June, under the act which passed on the thirteenth day of February, one thousand eight hundred and one, entitled, "An act to provide for the more convenient organization of the courts of the united states,"* and all writs, process and proceedings, as aforesaid, which are or may be made returnable to the same June session, shall be continued, returned to, and have day, in the session to be holden by this act, on the first Monday of August next; and such proceedings shall be had thereon, as is herein before provided. *This act is repealed, see Vol. V. p. 230. Vol. VI. p. 15. |