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davit it is shown to have been properly and necessarily expended (Hussey v. Bradley, 5 Blatchf. 210); so postage paid on the transmission and return of a commission may be allowed. (Prouty v. Draper, 2 Story, 199.) The expense of a survey may be charged against both parties in equal shares. (Whipple v. Cumberland C. Co., 3 Story, 84.) The expenses of such models as are copies of models in the patent office is allowable (Hussey v. Bradley, 5 Blatchf. 211), and their actual value is taxable (Hathaway v. Roach, 2 Wood. &. M. 63); but not the expense of procuring other models. (Hussey v. Bradley, 5 Blatchf. 210; Woodruff v. Barney, 2 Fish. 244; Hathaway v. Roach, 2 Wood. & M. 63.) So the expense of the model of the infringing machine is not allowable (Parker v. Bigler, 1 Fish. 285); nor is defendant entitled to the cost of procuring a copy of plaintiff's patent. (Hathaway v. Roach, 2 Wood. & M. 63; Woodruff v. Barney, 2 Fish. 244.) Expenditures for copies of pleadings and proofs are not taxable; and in the absence of an agreement to that effect, the expense of reporting argument of plaintiff's counsel on final hearing (Hussey v. Bradley, 5 Blatchf. 210), or the expense of a stenographic reporter, is not taxable as costs. (Bridges v. Sheldon, 18 Blatchf. 507.) This sec. tion does not apply to costs for travel and attendance; these are allowed by rule of court. (Nichols v. Brunswick, 3 Cliff. 88; Whipple v. Cumberland C. Co., 3 Story, 84; Hathaway v. Roach, 2 Wood. & M. 63. See Sebring v. Ward, 4 Wash. C. C.; United States v. Sanborn, 135 U. S. 271.)

§ 293. Fees in revenue cases. -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. (Rev. Stats. sec. 825.)

Note. This section applies to cases arising under the internal revenue laws. (U.S. v. Barrels, 2 Bond, 7.) It ap

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plies only to cases where the money is collected or realized. (King v. U. S., 99 U. S. 229.) Its provisions are not affected by the act of June 22, 1874. (18 U. S. Stats. 186; U. S. v. One Horse, 7 Ben. 405.) The terms "collected and realized " are synonymous. The Pacific, Deady, 192) This section establishes a rule of compensation is to the government attorney King v. U. S., 99 U. S. 229), who is entitled to two per cent. on the amount received (U. S. v. Barrels, 2 Bond, 7), unless the claimant procures a remission of the forfeiture. (The Pacific, Deady, 192.) The per centum is in the nature of a contingent upon the collection of the money. (The Pacific, Deady, 192.) In case of a discovery of fraud in another district, he is entitled to percentage only on the proportionate amount received on the seizure in his district. (U. S. v. Barrels, 2 Bond, 7.) In case of a compromise, the taxation may be made after the case is dismissed. (U. S. v. Barrels, 2 Bond, 7) In revenue cases the district attorney, clerk, and marshal may retain their fees out of the moneys collected. (U. S. v. Cigars, 2 Fed. Rep. 494. See United States v. Sanborn, 135 U. S. 271.)

$294. 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. (Rev. Stats. sec. 826.)

Note-See United States v. Sanborn, 135 U. S. 271.

$ 295. Fees 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 sec. 4646.] (Rev. Stats. sec.

827.)

Note. The attorney should be allowed such compensation as should be certified by the court to be reasonable and proper, and approved by the secretary of the treasury. (White v. Arthur, 10 Fed. Rep. 87.) The words "officer of the revenue" mean an officer of the revenue from customs. (Campbell v. James, 18 Blatchf. 186; see Campbell v. James, 3 Fed. Rep. 515; United States v. Sanborn, 135 U. S. 271.)

$296. Clerk's fees.-For issuing and entering every process, commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire, or a summons or subpoena for witness, one dollar.

For issuing a writ of summons or subpoena, 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 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 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 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. - 52.

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. (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.

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