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For a copy of any entry or record, or of any paper on file, for each folio, ten cents.

For making dockets and indexes, issuing venire, taxing costs, and all other services, on the trial or argument of a cause where issue is joined and testimony given, three dollars.

For making dockets and indexes, taxing costs, and all other services, in a cause where issue is joined, but no testimony is given, two dollars.

For making dockets and indexes, taxing costs, and other services, in a cause which is dismissed or discontinued, or where judgment or decree is made or rendered without issue, one dollar.

For making dockets and taxing costs, in cases removed by writ of error or appeal, one dollar.

For affixing the seal of the court to any instrument, when required, twenty cents.

For every search for any particular mortgage, judgment, or other lien, fifteen cents.

For searching the records of the court for judg ments, decrees, or other instruments constituting a general lien on real estate, and certifying the result of such search, fifteen cents for each person against whom such search is required to be made.

For receiving, keeping, and paying out money, in pursuance of any statute or order of court, one per centum on the amount so received, kept, and paid.

For traveling from the office of the clerk, where he is required to reside, to the place of holding any court required by law to be held, five cents a mile for going and five cents for returning, and five dollars a day for his attendance on the court while actually in session.

FED. PROC.-5.

All books in the offices of the clerks of the cir cuit and district courts, containing the docket or minute of the judgments, or decrees thereof, shall, during office hours, be open to the inspection of any person desiring to examine the same, without any fees or charge therefor. (Rev. Stats. sec. 828.)

Clerks' fees.-The clerk is entitled to commissions on the proceeds of fines, penalties, or forfeitures under the revenue laws (United States v. One Horse, 7 Ben. 405); or on money paid from proceeds of sale by the marshal (Ex parte Prescott, 2 Gall. 146; The Avery, 2 Gall. 308; Clerks' Fees, Taney, 453); or on money received on execution (Kitchen v. Woodfin, 1 Hughes, 340); but if he receives money under an execution, he must look to defendant for his commissions. (Kitchen v. Woodfin, 1 Hughes, 340.) So a person who pays money into court, whether under an order or agreement, must pay the commissions. (In re Goodrich, 4 Dill. 230; Upton v. Tribilcock, 4 Dill. 230.) He is not entitled to commissions on money held by an assignee in bankruptcy (Leech v. Kay, 4 Fed. Rep. 72); and although a fund is subject to a decree of court, he is not entitled to a commission unless it is paid in (Ex parte Plitt, 2 Wall. Jr. 453); but commissions cannot be claimed unless the money passes through his hands. (Leech v. Kay, 4 Fed. Rep. 72.) The clerk cannot charge commissions when there is no statute requiring the assignee in bankruptcy to pay the proceeds of sale of real estate into the registry. (Leech v. Kay, 4 Fed. Rep. 72.) He is entitled to a fee of fifteen cents for filing a requisition for search for judgments, etc. (In re Woodbury, 7 Fed. Rep. 705; S. C., 17 Blatchf. 517), and fifteen cents for each folio of the certificate (In re Woodbury, 7 Fed. Rep. 705), and twenty cents for affixing the seal of the court to the certificate; but only if required to do so. (In re Woodbury, 7 Fed. Rep. 705.) When properly filed a fee of ten cents is allowed, and when necessary to enter a note on the calendar of such fact an additional fee of fifteen cents is allowed. (Amy v. Shelby Co., 1 Flippin, 104.) When the number of words is less than one hundred they are counted a folio.

(Amy v. Shelby Co., 1 Flippin, 104; Cavender v. Cavender, 10 Fed. Rep. 828.) No paper is filed unless it has the proper indorsement of the clerk; merely placing it in the court papers is no "filing.” (Amy v. Shelby Co., 1 Flippin, 104.) Services by the clerk are proper charges against the United States if they are covered by the terms of the fee bill. (In re Clerks' Charges, 5 Fed. Rep. 440.) Charges for search in bankruptcy cases do not legally come within the terms of the fee bill (In re Clerks' Charges, 5 Fed. Rep. 540); and to a fee of fifteen cents for a certificate of search. (In re Woodbury, 7 Fed. Rep. 705.) Though a citizen has not the right to inspect all the books and papers of a court during office hours, yet he may inspect the dockets or minute entries of judgments and decrees. (In re McLean, 9 Cent. L. J. 125.) For binding or express charges he is allowed the actual cost. (Cavender v. Cavender, 10 Fed. Rep. 828.) He cannot tax costs for drawing a bond and its approval when drawn by counsel and approved by the court. (Cavender v. Cavender, 10 Fed. Rep. 828.) The clerk may collect his costs as they accrue, and can charge only ten cents a folio for a transcript of the record. (Cavender v. Cavender, 10 Fed. Rep. 828; see Jerman v. Stewart, 12 Fed. Rep. 273; In re U. S. v. Cigars, 2 Fed. Rep. 592.) The fees of the clerk, so far as fixed by statute, are governed by this section. The clerk cannot be called on

to render service without compensation, if the case is not within existing provisions. He is in such case entitled to reasonable compensation. (In re Vermeule, 10 Ben. 2). If a tender is first made after suit brought, the clerk's fees of one per cent. under this section for receiving, keeping, and paying out the money, must be paid by the party making the tender. (The Serapis, 37 Fed. Rep. 436.) In habeas corpus proceedings, costs are not governed by this section. The court may in its discretion, fix reasonable fees. (Re Moy Chee Kee, 33 Fed. Rep. 377.) This action allows for "filing and entering every declaration, plea or other paper, ten cents." Each deposition is not necessarily a "paper" within the meaning of this clause. (United States v. Barber, 140 U. S. 164; United States v. Van Duzee, 140 U. S. 169.) Where proceedings for removal from a State court are sent up in a transcript they

should be entered upon the final record; and the charge of the clerk, of fifteen cents per folio for making the record, is lawful and proper. (Blain v. Home Ins. Co. 30 Fed. Rep. 667.) A clerk may charge for seals upon copies of orders which under the rules require to be sealed, as orders to pay jurors. (Marvin v. United States, 44 Fed. Rep. 405.) But he is not entitled if the order need not be sealed. (Marvin v. United States, 44 Fed. Rep. 405; Jones v. United States, 39 Fed. Rep. 410.) The clerk is entitled to compensation for filing appointments of deputy marshals and recording their oaths (United States v. Van Duzee, 140 U. S. 169, 199); for furnishing defendant a copy of the indictment (Id.); for filing processes for bench-warrants (Id.); for any services properly required of him by order of court. (Id.) For making dockets and indexes, he is entitled to the fees prescribed in this section. (Taylor v. United States, 45 Fed. Rep. 531; Van Duzee v. United States, 41 Fed. Rep. 571.) For entering respites of jury, or orders of continuance, or for entering a bail-bond upon the record; for usual captions of records; for taking affidavits of government witnesses; for copies of orders to the marshal to bring prisoners to the court for trial; for certif icate of clerk, and for seals of the court to copies of orders directing the marshal to pay jurors, etc.; for authentication of copies of mittimus (Taylor v. United States, 45 Fed. Rep. 531); for filing discharge tickets of the district attorney, a fee of ten cents each. (Id.) For filing commissioners' papers where persons have been examined and held to bail, he is entitled to ten cents for each paper. (Id.) For each person whose acknowledgment is taken, he is entitled to a separate fee of twenty-five cents. (Id.) The allowance in this section of one per cent. on the amount received and kept and paid out by him, but not where the debt or claim is settled by the parties without a sale of the property. (Smith v. Morgan City, 39 Fed. Rep. 572.) For incorporating in the final records in a criminal case the order made by the commissioner binding the party to appear before the grand jury, in a district in which it is required that the record shall include such order, a clerk is entitled to fees. (United States v. Van Duzee, 140 U. S. 169, 199.) For copies of subpoenas furnished to a marshal in criminal cases, to be served upon witnesses, a clerk

is entitled to fees, where there is a rule of court in the district requiring him to make such copies. (Id.) For filing oaths, bonds, and appointments of deputy marshals, jury commissioners, bailiffs, district attorneys, and their assistants, and for recording them where it is the practice to require them to be recorded, a clerk is entitled to fees, but not to the expense of taking the oaths and executing the bonds. (Id.) This section allows a clerk, "for taking an acknowledgment, twenty-five cents," but the taking of such acknowledgment in a criminal case by the accused and his sureties is a single act, for which only one fee can be charged. (Churchill v. United States, 25 Ct. Cl. 1; United States v. Ewing, 140 U. S. 142.) The clerk is not entitled to commissions for receiving, keeping, and paying out_money, unless it passes through his hands. (Easton v. Houston & T. C. R. Co., 44 Fed. Rep. 718.) For making the brief minute of the date of the case, pages of feebook and record, on the jacket in which papers of a case are enclosed gives him no right to any special compensation. (Van Duzee v. United States, 41 Fed. Rep. 571.) Judgment records and the indexes and cross-indexes thereto are open to the public, without payment of any fee to the clerk. (Re Chambers, 44 Fed. Rep. 786.) Under this

section the clerk of the United States circuit court is entitled to $5 for every day the court is in session under Rev. Stats. secs. 2011-2014, providing for the opening of the court not less than ten days prior to registration for election, or prior to the election for a member of Congress, and continuing court until day following the election. (Pleasant v. United States, 35 Fed. Rep. 270.)

§ 297. Marshals' fees. 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.

For the keeping of personal property attached on mesne process, such compensation as the court, on petition setting forth the facts under oath, may allow.

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