or one of the judges thereof, will certify that it was necessarily prepared, because of difficulties in drawing the original, which would have rendered a requirement to make such original fair or suitable for the files of the court unreasonable. Argument upon demurrer, five dollars Upon a trial before a jury, in a civil or criminal cause, or Provided, That in cases arising under the penal statutes of Where it becomes necessary to take a deposition or deposi- For all services rendered in the circuit court, in cases removed For attending an examination, before a judge of a circuit or For travelling from the place of his abode to the place of $5.00 20 00 10 00 10 00 5 00 5 00 10 00 5 00 20 00 500 5 00 10 When it is practicable, it shall be the duty of the United States district attorney to attend to suits in which the United States may be concerned, before the State courts held within his district, for the same rates of compensation as above provided for his services in the United States courts, unless it shall be shown to the satisfaction of the head of the proper department that it would be unreasonable to require such attention; in such case he may be employed at such compensation as the head of such department and he shall agree upon. The head of a department may employ counsel to aid the district attorney in any case in which the United States may be concerned before the United States courts; or to attend to business of the United States before the State courts, when in his opinion the public interest requires it, at such compensation as he shall agree to. Whenever there are, or shall be, several charges against any person or persons for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offences which may be properly joined, instead of having several indictments, the whole may be joined in one indictment in separate counts; and if two or more indictments shall be found in such cases, the court may order them consolidated. Whenever two or more things, belonging to the same person or persons, are, or shall be seized for an alleged violation of the revenue laws, the whole shall be included in one suit; and if not so included, and separate actions are prosecuted, the court may consolidate them. Whenever two or more indictments, suits or proceedings, are, or shall be prosecuted, which should be joined, the district attorney prosecuting them shall be paid but one bill of costs for all of them; and if any attorney, proctor, or other person admitted to manage or conduct causes in any court of the United States, or of the Territories thereof, shall appear to have multiplied the proceedings in any cause before such court, so as to increase costs unreasonably and vexatiously, such person may be required, by order of the court, to satisfy any excess of costs so increased. Whenever two or more charges are, or shall be made, or two or more indictments shall be found against a person, only one writ or warrant shall be necessary to arrest and commit him for trial; and it shall be sufficient to state in the writ the name or general character of the offences, or to refer to them only in very general terms. Only one writ or warrant shall be necessary to remove a prisoner from one district to another; a copy of which may be delivered to the sheriff or jailor from whose custody the prisoner may be taken, and another copy thereof to the sheriff or jailor to whose custody he may be committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he may be removed. Whenever a prisoner is committed to a sheriff or jailor by virtue of a writ, warrant, or mittimus, a copy thereof shall be delivered to the sheriff or jailor as his authority to hold the prisoner, and the original writ, warrant, or mittimus, shall be returned to the proper court or officer, with the officer's return thereon. Fees for clerks of the circuit and district courts. For issuing and entering every process, commission, sum- For issuing a writ of subpoena for one witness..... $1.00 25 2 It shall be the duty of the clerk to include the names of as many witnesses for the plaintiff or defendant in one subpoena as he may be requested. And in every case in which the United States shall be concerned, it shall be the duty of the district attorney to direct the names of all the witnesses for the United States in such case to be included in one subpoena, unless he should deem it inexpedient to do so, in which case he shall state his reasons in the præcipe. For all services in a cause (except for issuing writs or subpœnas) up to and including issue joined, five dollars....... Where judgment is confessed or rendered, or the suit or prosecution is dismissed or discontinued, without issue being joined, for all services (except for issuing writs or subpœnas).. For making dockets and indexes, and for all services upon the trials or argument of a cause, where issue is joined and testimony given, including the issuing of the venire, taxing costs, and all records of proceedings necessary to be made...... For making dockets and indexes, and for all services in a cause after issue joined, where no testimony is given, including taxing costs, and all records of proceedings in the cause necessary to be made........ $5 00 2 50 8.00 For administering any oath, other than to witnesses or jurors upon a trial..... 5 00 15 For a certificate, with a seal of the court when required, except judicial process.. 25 For all copies of papers or records when required, ten cents per hundred words; when the whole instrument, paper, or record to be copied contains less than one hundred words, then ten cents for such copy; and when there is an excess of fifty words or more over a hundred or any number of hundreds in the copy required, then such excess shall be counted a hundred. Each figure may be counted a word. No copies, however, shall be charged to the United States unless ordered by the Solicitor, or head of a department or bureau, or by the court specially. In cases removed by writ of error or appeal from a district to a circuit court, the clerk of the circuit court shall receive for all services upon the trial or argument of the cause, including taxing costs, and the making of dockets and indexes, and all necessary records of proceedings....... $8.00 Where a cause is removed by writ of error or appeal from the district to the circuit court, and such writ of error or appeal is dismissed or discontinued without trial or argument, the clerk of the circuit court shall receive for all services necessary to be rendered by him on such appeal or writ of error.... For every search for any particular mortgage, judgment, or other lien, or for searching the records of the court for judgments, decrees, mortgages, or other instruments constituting a general lien upon real estate, fifteen cents for each person named; and when a certificate of the result of such search is required with or without the seal of the court, then twenty-five cents additional.... $3.00 15 25 For receiving, keeping and paying out money, in pursuance of the requirement of any statute or order of court, one per cent. on the amount so received, kept, and paid. For attendance on court $5 per day, exclusive of Sundays, when it is held at the place of his residence; and when held elsewhere, he shall also be entitled to five dollars for each day, including Sundays, he may be necessarily detained over. For travelling to court six cents per mile for the distance necessarily travelled, to be computed from the place where he is required to keep his office when the court is not in session. When sessions at different places follow each other so quickly as to make it necessary or most convenient for the clerk to go from one place of holding court to another without returning to said office, mileage shall only be allowed upon the travel actually and necessarily performed in attending upon said sessions and returning to said office. The clerks of the district and circuit courts respectively, ex officio, shall be, and hereby are, authorized and empowered to administer oaths, take acknowledgments, and to take and certify affidavits. Marshals' fees. For service of any warrant, attachment, summons, capias, $2.00 50 For travel, in going only to serve any process, warrant, attachment or other writ, including writs of subpoena in civil and criminal cases, six cents per mile, to be computed from the place of service to the court or place where the writ or process is returned; and if more than one person is served therewith, the travel shall be computed from the court to the place of service which shall be most remote, adding thereto the extra travel which shall be necessary to serve it on the others. For each bail bond one dollar... For summoning appraisers, each fifty cents... $1.00 50 50 For serving a writ of possession, partition, execution, or any final process, the same mileage as is herein 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 where it would properly pass through his hands, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the State in which the service may be rendered. For serving venires, and summoning every twelve men as grand or petit jurors, four dollars, or thirty-three and one-third cents each; and in those States where jurors, by the law of the State, are drawn by constables or other officers of corporate towns or places, by lot, the marshal shall receive, for the use of the officers employed in drawing and summoning the jurors and returning each venire, two dollars; and for his own trouble in distributing the venires, two dollars for each jury. In no case, however, shall the fees of the marshal for summoning jurors, or the fees for distributing and serving venires, and drawing and summoning jurors by township officers, including the mileage chargeable by the marshal, exceed the sum of fifty dollars for any one term of a court. For attending the circuit and district courts when they are both in session, or for attending either of said courts when but one is in session, five dollars per day. No compensation shall be allowed to him for bringing up prisoners or witnesses from jail, when in custody under authority of the United States, to attend their examination or trials, whether before a commissioner or other examining magistrate, or United States circuit or district court, or to give testimony, or for returning such prisoners to jail or custody. For his actual and necessary travel from his residence to attend a term or terms of a court or courts, and to return to his residence, ten cents per mile. For executing a deed for the conveyance of land, prepared by a party or his attorney, one dollar. For drawing and executing a deed for the conveyance of land, five dollars. For transporting a prisoner charged with a criminal or penal offence, twenty cents per mile, from the place of arrest to the place of examination or commitment. When several such prisoners are in custody, and transported at the same time, the marshal shall be entitled to but ten cents per mile for himself, from the most remote place of arrest to the place of examination or commitment, and ten cents per mile for each prisoner, from the place of his arrest to the place of examination or commitment. Such allowance shall in all cases cover the subsistence of the prisoners from the time of arrest until the time of examination or commitment. For transporting convicts from jail to the penitentiary ten cents per mile for himself, and ten cents per mile for each convict, which allowance shall cover the subsistence of the convicts on the way. |