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holding any court of the United States in his district, or to the place of any examination before a judge or commissioner, of a person charged with crime, ten cents a mile for going and ten cents a mile for returning.
When an indictment for crime is tried before a jury and a conviction is had, the district attorney may be allowed, in ad. dition to the attorney's fees herein provided, a counsel fee, in proportion to the importance and difficulty of the cause, not exceeding thirty dollars.
26 Feb., 1853, c. 80, s. 1, v. 10, pp. 161, 162; 22 Feb., 1875, c. 95, o. 18, p. 333; 26 June, 1876, c. 147, v. 19, p. 62. .
Solicititor's fees in equity cases. The fee-bill of 1853 (§ 823 of the Rev., Stat.) does not interfere with the practice in courts of equity, to allow counsel fees as costs, in certain cases; but they can be taxed for only two counsel for the same party, nor can the expenses of a short-hand reporter be taxed. Ex parte Joffray, 1, Low., Dec., 321; Ex parte Plitt, 2 Wall., Jr., a 453.
Sec. 825. Fees in revenue cases, and in suits on official bonds.—There shall be taxed and paid to every district attorney two per centum upon all moneys collected or realized in any suit or proceeding arising under the revenue laws, and conducted by him, in which the United States is a party, which shall be in lieu of all costs and fees in such proceeding. 3 Mar., 1863, c. 76, 8. 11, v. 12, p. 741.
SEC. 826. Fees on bonds, when not allowed.—No fee shall accrue to any district attorney on any bond left with him for collection, or in a suit commenced on any bond for the renewal of which provision is made by law, unless the party neglects to apply for such renewal for more than twenty days after the maturity of the bond.
12 Oct., 1837, c. 3, s. 2, v. 5, p. 204.
SEC. 827. Fees of district attorney for defense of revenue officers.-When a district attorney appears by direction of the secretary or solicitor of the treasury, on behalf of any officer of the revenue in any suit against such officer, for any act done by him, or for the recovery of any money received by him and paid into the treasury in the performance of his official duty, he shall receive such compensation as may be certified to be proper by the court in which the suit is brought, and approved by the secretary of the treasury. [See $ 4646.]
3 Mar., 1863, c. 76, s. 12, v. 12, p. 741; 16 June, 1874, c. 285, v. 18, p. 72; 22 Feb., 1875, c. 95, s. 7, v. 18, p. 334.
See act of February 22, 1875, post.
CLERKS' FEES. Sec. 828. Clerks' fees.-For issuing and entering every process, commission, suinmons, capias, execution, warrant, attachment, or other writ, except a writ of venire, or a summons or subpæna for a witness, one dollar.
For issuing a writ of summons or subpæna, twenty-five cents.
For filing and entering every declaration, plea, or other paper, ten cents.
For administering an oath or affirmation, except to a juror, ten cents.
For taking an acknowledgment, twenty-five cents.
For taking and certifying depositions to file, twenty cents for each folio of one hundred words.
For a copy of such deposition furnished to a party on request, ten cents a folio.
For entering any return, rule, order, continuance, judgment, decree, or recognizance, or drawing any bond, or making any record, certificate, return, or report, for each folio, fifteen cents.
For a copy of any entry or record, or of any paper on file, for each folio, ten cents.
For making dockets, 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 judgments, 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 conrt, 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.
26 Feb., 1853, c. 80, s. 1, v. 10, pp. 163, 167; 16 June, 1874, c. 285, v. 18, p. 72; 22 Feb., 1875, c. 95, v. 18, p. 233; 22 Feb., 1875, c. 95, s. 7, v. 18, p. 334; 26 June, 1876, c. 147, v. 19, p. 62.
Books in clerks' offices open to inspection. All books in the offices of the clerks of the circuit 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.
12 Aug., 1848, c. 166, s. 1, v. 9, p. 292.
Fees in special cases-when not.—The clerk may charge fees in equity causes as to absent defendants as to whom a cause is continued. Ex parte Lee, 4 Cr., C. C., 197. And he is entitled to commissions upon the proceeds of prize property sold by interlocutory order and paid into court by the marshal. The Avery, 2 Gall., 308; Ex parte Prescott, Id., 146.
But where a fund which is the subject of litigation among heirs remains in the hands of the administrator, no order being made that it should be paid into court, it is not regarded as money paid into court or money received, kept, or paid out by the clerk, and hence the clerk has no claim to commissions upon it, although the fund is within the judicial control of and subject to the decree of the court. Ex parte Plitt, 2 Wall., Jr., C. C., 453. Each party is liable to the clerk of the Supreme Court for services performed for him. Caldwell v. Jackson, 7 Cr., 276.
SEC. 829. Marshals' fees.-For service of any warrant, attachinent, summons, capias, or other writ, except execution, venire, or a summons or subpæna 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. 26 Feb., 1853, c. 80, s. 1, v. 10, p. 164; 22 Feb., 1875, c. 95, v. 18, p. 333.
For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or thirty-three and onethird cents each. In States where, by the laws thereof, jurors are drawn by lot, by constables, or other officers of corporate places, the marshal shall receive, for each jury, two dollars for the use of the officers employed in drawing and summoning the jurors and returning each venire, and two dollars for his own services in distributing the venires. But the fees for distributing and serving venires, drawing and summoning jurors by township officers, including the mileage chargeable by the marshal for each service, shall not at any court exceed fifty dollars. 26 June, 1876, c. 147, v. 19, p. 62.
For holding a court of inquiry or other proceeding before a jury, including the summoning of a jury, five dollars.
For serving a writ of subpæna on a witness, fifty cents; and no further compensation shall be allowed for any copy, summons, or notice for a witness.
For serving a writ of possession, partition, execution, or any final process, the same mileage as is allowed for the service of any other writ, and for making the service, seizing or levying on property, advertising and disposing of the same by sale, set-off, or otherwise according to law receiving and paying over the money, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the States, respectively, in which the service is rendered.
For each bail-bond, fifty cents.
For executing a deed prepared by a party or his attorney, one dollar.
For drawing and executing a deed, five dollars.
For copies of writs or papers furnished at the request of any party, ten cents a folio.
For every proclamation in admiralty, thirty cents.
For serving an attachment in rem or a libel in admiralty, two dollars.
For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents a day.
When the debt or claim in admiralty is settled by the parties without a sale of the property, the marshal shall be entitled to a commission of one per centum on the first five hundred dollars of the claim or decree, and one-half of one per centum on the excess of any sum thereof over five hundred dollars: Provided, That, when the value of the property is less than the claim, such commission shall be allowed only on the appraised value thereof.
For sale of vessels or other property under process in admiralty, or under the order of a court of admiralty, and for receiving and paying over the money, two and one-half per centum on any sum under five hundred dollars, and one and one-quarter per centum on the excess of any sum over five hundred dollars.
For disbursing money to jurors and witnesses, and for other expenses, two per centum.