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(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, attachınent, 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.

For serving venires and summoning every twelve men as grand or petit jurors, four dollars or thirtythree and one-third 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.

For holding a court of inquiry or other proceed ings before a jury, including the summoning of a jury, five dollars.

For serving a writ of subpoena 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, setoff, 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 sheriff's of the States, respectively, in which the service is rendered.

For each bail bond, fifty cents.

For summoning appraisers, fifty cents each.

For executing a deed prepared by a party or his attorney, one dollar.

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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.

For expenses while employed in endeavoring to arrest, under process, any person charged with or convicted of a crime, the sum actually expended, not to exceed two dollars a day, in addition to his compensation for services and travel.

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