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v. Ambrose, 2 Fel. Rep. 552); nor does a condition that the clerk shall, by himself or by his deputies," faithfully perform the duties of his office. (U. S. v. Ambrose, 2 Fed. Rep. 552.) Sureties of a clerk of court cannot escape liability for his failure to account for money paid into court under an order, on the ground that the custody of such money is not a proper part of his duties. (Re Finks [D. C. W. D. Va.] 41 Fed. Rep. 383.)

§ 285.

Increase of bond.-That whenever the business of the courts in any judicial district shali make it necessary, in the opinion of the attorneygeneral, for the clerk or marshal to furnish greater securities than the official bond now required by law, a bond in a sum not to exceed forty thousand dollars shall be given when required by the attorney-general, who shall fix the amount thereof. (18 U. S. Stats. 333; 1 Sup. Rev. Stats. 145; Rev. Stats. sec. 795.)

§ 286.

Bond of deputy clerks.-Any circuit or district court may require any deputy clerk thereof to give bond to the United States for the faithful discharge of his duty as such deputy, in the same penalty, and with surety in the same manner, as is required by law of clerks; and such bond shall be recorded and preserved in like manner, but the taking of such bond shall not affect the legal responsibility of the clerk for the acts of such deputy. (Rev. Stats. sec. 796. See United States v. Ambrose, 2 Fed. Rep. 553.)

§ 287. List of judgments.-Every clerk of a circuit or district court shall, within thirty days after the adjournment of each term thereof, forward to the solicitor of the treasury a list of all judg.

ments and decrees, to which the United States are parties, which have been entered in said courts, respectively, during such term, showing the amount adjudged or decreed, in each case, for or against the United States, and the term to which execution thereon will be returnable. (Rev. Stats. sec. 797.)

§ 288. Account of payments.-At each regular session of any court of the United States, the clerk shall present to the court an account of all moneys remaining therein, or subject to its order, stating in detail in what causes they were de posited, and in what causes payments have been made; and said account and the vouchers thereof shall be be filed in the court. (Rev. Stats. sec. 798.)

§ 289. Oaths.-The clerks of the district and circuit courts may, in the absence or in case of the disability of the judges, administer oaths to all persons identifying papers found on board of vessels or elsewhere, to be used on trials in admiralty causes. (Rev. Stats. sec. 799.)

§ 290. Powers and duties of officers. COLORADO AND OTHER STATES.-The marshal, district attorney, and the clerk of the circuit and district courts of said district of Colorado, and all other officers and persons performing duties in the administration of justice therein, shall severally possess the powers and perform the duties lawfully possessed and required to be performed by similar officers in other districts of the United States, and shall, for the services they may perform, receive the fees and compensation allowed to other similar officers and persons performing similar duties, by

the laws of the United States, excepting such provisions thereof as are specially applicable to some particular officer or district. (19 U. S. Stats. 62,

sec. 4.)

Special statutory provisions as to clerks, marshals, district attorneys and their deputies, will be found as follows: Idaho, 26 U. S. Stats. 217; Georgia, Rev. Stats. 777; Illinois, 24 U. S. Stats. 442; 25 U. S. Stats. 387; 26 U. S. Stats. 212; Indiana, 20 U. S. Stats. 166; 21 U. S. Stats. 511; Iowa, Rev. Stats. 768; Kansas, 20 U. S. Stats. 355; 22 U S. Stats. 400; 25 U. S. Stats. 392; Kentucky, 25 U. S. Stats. 389; Michigan, 24 U. S. Stats. 423; 20 U. S. Stats. 176; Mississippi, 22 U. S. Stats. 101; 24 U. S.Stats 430; 25 U. S. Stats. 78; Missouri, 24 U. S. Stats. 424; 20 U. S. Stats. 263; South Carolina, Rev. Stats. sec. 767; Tennessee, 21 U. S. Stats. 175; 20 U, S. Stats, 236; Texas, 20 U. S. Stats. 320; Wyoming, 26 U. S. Stats. 225.

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§ 299.

§ 300.

§ 301.

Attendance on rule days, and circuit and district courts.
Marshal of the Supreme Court of the United States.
Semi-annual return of fees.

§ 302.

§ 303.

What is to be included in the semi-annual returns.
Compensation of district attorney.

§ 304.

§ 305.

§ 306.

District attorney of southern district of New York.
District attorney and marshal in Oregon and Nevada.
Prosecution of frauds on the revenue.

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§ 308. Clerks in California, Oregon and Nevada.

§ 309. Compensation of marshal.

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§ 314.

§ 315.

Allowances for each year made from the fees thereof.
Payment of surplus fees into the treasury.

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§ 338. Assignment of counsel-Costs on judgment.

§ 291. Fees to be taxed.—The following and no other compensation shall be taxed and allowed to attorneys, solicitors, and proctors in the courts of the United States, to district attorneys, clerks of the circuit and district courts, marshals, commissioners, witnesses, jurors, and printers in the several States and Territories, except in cases othererwise expressly provided by law. But nothing herein shall be construed to prohibit attorneys, solicitors, and proctors from charging to and receiving from their clients, other than the government, such reasonable compensation for their services, in addition to the taxable costs, as may be in accordance with general usage in their respective States, or may be agreed upon between the parties. (Rev. Stats. sec. 823.)

Note. This section refers in terms only to compensation, and not expenses and disbursements incurred. (The F. Merwin, 10 Ben. 407.) The Federal statutes regulate the matter of fees and costs in the courts of the United States, and the statutes and practice of the State are not binding in matters comprehended by the Federal statute. (O'Neil v. Kansas City etc. R. Co., 31 Fed. Rep. 663.) The cost of printing the record and testimony cannot be taxed, although the matter printed was for the convenience of and

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