been or shall be rendered, to be paid from the appropriation for defraying the expenses of the judiciary. (Rev. Stats. sec. 846; 18 U. S. Stats. 318; 1 Sup. Rev. Stats. 138.)

Note. A district judge has the power to take the oath of the clerk to his return of fees of office (United States v. Ambrose, 2 Fed. Rep. 556); and the certificate of the judge is only evidence of the claim or right to be given to the treasury. (United States v. Ingersoll, Crabbe, 135.) It is merely prima facie evidence of its correctness, and any item may be rejected by the accounting officers. (United States v. Smith, 1 Wood. & M. 184.) If the items have been passed upon in judgments as to bills of costs, the certificate of the judge is conclusive. (United States v. Smith, 1 Wood. & M. 184.) Whether the marshal's fees are fixed by rule or depend on circumstances, they must be certified to. (The Antelope, 12 Wheat. 546.) A refusal by the court to act upon a claim under this section is not required to authorize a presentation of the claim to the treasury department before bringing suit in the court of claims. (United States v. Knox, 128 U. S. 230.) This section declares that clerks, marshals, and commissioners of circuit courts shall be accounting officers of the treasury department, and shall be subject to revision upon their merits by said accounting officers, as in case of other public accounts. The claimant has a remedy in the court of claims without first resorting to a writ of mandamus against the circuit court. (United States v. Knox, 128 U. S. 230.)

§ 319. Accounts for costs of clerks, etc. -That before any bill of costs shall be taxed by any judge or other officer, or any account payable out of the money of the United States shall be allowed by any officer of the treasury, in favor of clerks, marshals, or district attorneys, the party claiming such account shall render the same, with the vouchers and items thereof, to a United States circuit or district court, and, in presence of the dis

trict attorney or his sworn assistant, whose presence shall be noted on the record, prove in open court, to the satisfaction of the court, by his own oath or that of other persons having knowledge of the fact, to be attached to such account, that the services therein charged have been actually and necessarily performed as therein stated; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be entered of record an order approving or disapproving the account, as may be according to law, and just. United States commissioners shall forward their accounts, duly verified by oath, to the district attorneys of their respective districts, by whom they shall be submitted for approval in open court, and the court shall pass upon the same in the manner aforesaid. Accounts and vouchers of clerks, marshals, and district attorneys shall be made in duplicate, to be marked respectively "original" and "duplicate." And it shall be the duty of the clerk to forward the original accounts and vouchers of the officers above specified, when approved, to the proper accounting officers of the treasury, and to retain in his office the duplicates, where they shall be open to public inspection at all times. Nothing contained in this act shall be deemed in any wise to diminish or affect the right of revision of the accounts to which this act applies by the accounting officers of the treasury, as exercised under the laws now in force. (See secs. 824, 828; 18 U. S. Stats. 333. 1 Sup. Rev. Stats. 145.)

$320. Clerk failing to report to be removed.—That if any clerk of any district or cir

cuit court of the United States shall willfully refuse or neglect to make any report, certificate, statement, or other document required by law to be by him made, or shall willfully refuse or neglect to forward any such report, certificate, statement or document to the department, officer, or person to whom, by law, the same should be forwarded, the President of the United States is empowered, and it is hereby made his duty, in every such case, to remove such clerk so offending from office, by an order in writing for that purpose. And upon the presentation of such order, or a copy thereof, authenticated by the attorney-general of the United States, to the judge of the court whereof such offender is clerk, such clerk shall thereupon be deemed to be out of office, and shall not exercise the functions thereof. And such district judge, in the case of the clerk of a district court, shall appoint a successor; and in the case of the clerk of a circuit court, the circuit judge shall appoint a successor. And such person so removed shall not be eligible to any appointment as clerk or deputy clerk for the period of two years next after such removal. [See secs. 797, 798.] (18 U. S. Stats. 333; 1 Sup. Rev. Stats. 146.)

§ 321. Additional punishment. — That if any clerk mentioned in the preceding section shall willfully refuse or neglect to make or to forward any such report, certificate, statement, or document therein mentioned, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, in the discretion

FED. PROC.-54.

of the court; but a conviction under this section shall not be necessary as a condition precedent to the removal from office provided for in this act. [See sec. 797.] (18 U. S. Stats. 333; 1 Sup. Rev. Stats. 147).

§ 322, Commissioners' fees.-For administering an oath, ten cents.

For taking an acknowledgment, twenty-five cents. For hearing and deciding on criminal charges, five dollars a day for the time necessarily employed.

For attending to a reference in a litigated matter, in a civil cause at law, in equity, or in admiralty, in pursuance of an order of the court, three dollars a day.

For taking and certifying depositions to file, twenty cents for each folio.

For each copy of the same furnished to a party on request, ten cents for each folio.

For issuing any warrant or writ, and for any other service, the same compensation as is allowed to clerks for like services.

For issuing any warrant under the tenth article of the treaty of August nine, one thousand eight hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any crime or offense set forth in said article, two dollars.

For issuing any warrant under the provisions of the convention for the surrender of criminals, between the United States and the King of the French, concluded at Washington, November nine,

one thousand eight hundred and forty-three, two dollars.

For hearing and deciding upon the case of any person charged with any crime or offense, and arrested under the provisions of said treaty, or of said convention, five dollars a day for the time necessarily employed.

For the examination and certificate in cases of application for discharge of poor convicts imprisoned for non-payment of a fine or fine and costs, five dollars a day for the time necessarily employed. [See sec. 1042.] (Rev. Stats. sec. 847.)

Note. If required, the commissioner must give a detailed bill of his fees, that they are legally chargeable, with his oath that the services have been necessarily performed. (Beck with v. Easton, 4 Ben. 357; see Jerman v. Stewart, 12 Fed. Rep. 273.) Commissioners are allowed for taking and certifying depositions, twenty cents for each folio of one hundred words. (Jerman v. Stewart, 12 Fed. Rep. 273.) The approval of a commissioner's account by a circuit court of the United States, under the Act of February 22, 1875 (18 Stats. 333), is prima facie evidence of the correctness of the items of that account, and, in the absence of clear and unequivocal proof of mistake on the part of the court, is conclusive. (United States v. Jones, 134 U. S. 483.) The fees of commissioners appointed to take testimony by the court of commissioners of Alabama claims are not regulated by this section, and such commissioners may make any contract in regard to compensation which may be agreed upon. (Powers v. Manning, 154 Mass. 370.)

Commissioners' fees.-The compensation of a commissioner is clearly prescribed and classified by this section of the Revised Statutes according to the character of the services performed. (United States v. Jones, 134 U. S. 483.) Under the provisions of the Revised Statutes, secs. 827 and 828, a commissioner, who, by direction of the court, kept a docket of entries of such warrants issued,