considered; and if, on such hearing, the evidence be deemed sufficient to sustain the 9 August 1842. charge, it shall be the duty of the examining judge or magistrate, to certify the same to Surrender. the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by Expenses. the party who makes the requisition, and receives the fugitive. (a)

III. TREATY WITH FRANCE.

1. 8 Stat. 582.

delivered up.

8. It is agreed that the high contracting parties shall, on requisitions made in their 9 Nov. 1843, art. name, through the medium of their respective diplomatic agents, deliver up to justice persons who, being accused of the crimes enumerated in the next following article, com- Criminals to 50 mitted within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other: Provided, That this shall be done only when Evidence. the fact of the commission of the crime shall be so established as that the laws of the country in which the fugitive or the person so accused shall be found would justify his or her apprehension and commitment for trial, if the crime had been there committed.(b) 9. Persons shall be so delivered up who shall be charged, according to the provisions of this convention, with any of the following crimes, to wit: murder, (comprehending For what the crimes designated in the French penal code, by the terms assassination, parricide, infanticide and poisoning), or with an attempt to commit murder, or with rape, or with forgery, or with arson, or with embezzlement by public officers, when the same is punishable with infamous punishment.

Ibid. art. 2.

offences.

Ibid. art. 3.

10. On the part of the French government, the surrender shall be made only by authority of the keeper of the seals, minister of justice; and on the part of the government By whom surof the United States, the surrender shall be made only by authority of the executive renders to be thereof.

made.

11. The expenses of any detention and delivery effected in virtue of the preceding pro- Ibid. art. 4. visions, shall be borne and defrayed by the government in whose name the requisition Expenses. shall have been made.

12. The provisions of the present convention shall not be applied in any manner to Ibid. art. 5. the crimes enumerated in the second article, committed anterior to the date thereof, nor Not to apply to to any crime or offence of a purely political character.

political offences.

8 Stat. 617.

13. The crime of robbery, defining the same to be the felonious and forcible taking 24 Feb 1845. from the person of another, of goods or money to any value, by violence or putting him in fear; and the crime of burglary, defining the same to be, breaking and entering by Crimes of burglary and robnight into a mansion-house of another, with intent to commit felony; and the corre- bery defined. sponding crimes included under the French law in the words vol qualifié crime,(c) not being embraced in the second article of the convention of extradition concluded between the United States of America and France, on the 9th of November 1843,-it is agreed Persons so by the present article, between the high contracting parties, that persons charged with charged to be delivered up. those crimes shall be respectively delivered up, in conformity with the first article of the said convention; and the present article, when ratified by the parties, shall constitute a part of the said convention, and shall have the same force as if it had been originally inserted in the same.

IV. TREATIES WITH THE GERMAN STATES.

1. 10 Stat. 965.

delivered up.

For what

14. It is agreed that the United States and Prussia, and the other states of the Ger- 16 July 1852, art. manic confederation included in, (d) or which may hereafter accede to this convention, shall, upon mutual requisitions by them or their ministers, officers or authorities, respect- Criminals to be ively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, offences. or the utterance of forged papers, or the fabrication or circulation of counterfeit money, whether coin or paper money, or the embezzlement of public moneys committed within the jurisdiction of either party, shall seek an asylum, or shall be found within the territories of the other: Provided, That this shall only be done upon such evidence of crimi- Evidence. nality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or

(a) The ordinary expenses, including the fees of counsel. are to be defrayed by the demanding government. 7 Opin. 612. But not any extraordinary expenses arising out of a conflict of jurisdiction between the judicial authorities of the United States and those of a state, the latter aiming to prevent the extradition; such special expenses should be defrayed by the United States. Ibid. 396. See à precisely similar treaty, concluded 20 December 1849, with the government of the Hawaiian Islands. 9 Stat. 981. (b) To justify the surrender of a person demanded as a fugitive from justice, under this treaty, he must be accused, or "mis in accusation," before some proper Freuch tribunal. In re Metzgar, 1 Parker, C. R. 108.

(c) A commitment and warrant of extradition, charging an individual with having committed, within the jurisdiction of France, the crime of vol qualifié crime, one of the crimes enumerated and provided for in the treaty of extradition between that

government and the United States," contain a sufficient allega tion of crime, under the treaty; the words imply the commission of an extensive larceny, attached to which is an infamous punishment, like confinement at hard labor. Veremaitre's Case, 3 Am. L. J. 438.

(d) The parties to this treaty are the King ct Prussia; the Elector of Hesse; the Grand Duke of Hesse and on Rhine; the Grand Duke of Saxe-Weimar-Eisenach; the Duke of Saxe-Meinin gen; the Duke of Saxe-Altenberg; the Duke of Saxe-Coburg Gotha; the Duke of Brunswick; the Duke of Anhalt-Bernburg; the Duke of Nassau; the Prince of Schwarzburg-Rudolstadt; the Prince of Schwarzburg-Sondershausen; the Princess and Regent of Waldeck; the Prince of Reuss, elder branch; the Prince of Reuss, junior branch; the Prince of Lippe; the Landgrave of Hesse-Homburg; and the Free City of Francfort.

Jurisdiction.

16 July 1852. offence had there been committed ; (a) and the respective judges and other magistrates of the two governments shall have power, jurisdiction and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such appre hension and delivery shall be borne and defrayed by the party who makes the requisi tion and receives the fugitive.

Expenses.

Ibid. art. 2.

8 Nov. 1855, art. 13.

delivered up.

15. The stipulations of this convention shall be applied to any other state of the Ger manic confederation, which may hereafter declare its accession thereto. (b)

V. TREATY WITH THE SWISS CONFEDERATION.

16. The United States of America and the Swiss confederation, on requisitions made in their name through the medium of their respective diplomatic or consular agents, Criminals to be shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and commitment for trial if the crime had been committed in the country where the persons so accused shall be found.

Evidence.

Ibid. art. 14.

For what offences.

Ibid. art. 15.

Surrender.

Ibid. art. 16. Expenses.

Ibid. art. 17.

17. Persons shall be delivered up, according to the provisions of this convention, who shall be charged with any of the following crimes, to wit: murder (including assassination, parricide, infanticide and poisoning): attempt to commit murder; rape; forgery or the emission of forged papers; arson; robbery with violence, intimidation or forcible entry of an inhabited house; piracy; embezzlement by public officers, or by persons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment.

18. On the part of the United States the surrender shall be made only by the authority of the executive thereof; and on the part of the Swiss confederation by that of the federal council.

19. The expenses of detention and delivery, effected in virtue of the preceding articles, shall be at the cost of the party making the demand.

20. The provisions of the aforegoing articles relating to the surrender of fugitive Not to apply to criminals shall not apply to offences committed before the date hereof, nor to those of a political offences. political character.

I. OF ATTORNEYS, SOLICITORS AND PROCTORS.

Fees.

1. Fees of officers fixed. Not to prohibit attorneys receiving compensation from private clients.

2. Fees of attorneys, &c.

3. District attorneys. Counsel.

4. What offences to be included in one indictment.

5. Consolidation of suits for violation of revenue laws.

6. But one set of costs to be paid. Penalty for vexatious multiplying of costs.

7. But one warrant and commitment to issue against the same defendant. Warrant of removal. Copy to be delivered to jailor, &c.

8. Fees of district attorneys for services in state courts.

16. Printers' fees.

VII. OF PRINTERS.

17. What to be deemed a folio.

VIII. MISCELLANEOUS PROVISIONS.

18. Officers of courts to render semi-annual accounts of emolu ments and fees. What amounts to be retained. Surplus to be paid into the treasury. Allowance restricted to fees of the cur rent year. Per diem allowance, when to be paid.

19. Repeal of part of act of 1842.

20. What fees to be taxed as costs. Taxed bills to be filed. 21. Payment of jurors and witnesses.

22. Payment of officers' fees by the United States.

23. Payment of costs in prize cases.

24. Penalty for taking illegal fees. Extra allowance in California and Oregon.

25. Bills of costs to be sworn to.

26. Government witnesses to be subpoenaed generally. Prisoners to be brought up and remanded without writ. 27. False swearing to be deemed perjury.

28. Repeal of former laws. Fugitive slave law not to be affected. 29. Extended to the territories.

30. Accounts of officers to be revised by the district judge.

31. And accounts of commissioners.

32. No more than fees of four witnesses before a commissioner

to be taxed against the United States, except approved by district attorney.

33. Appeal to secretary of the interior.

34. Compensation of clerks not to be made up to $500.

I. OF ATTORNEYS, SOLICITORS AND PROCTORS.

26 Feb. 1853 1. 1. In lieu of the compensation now allowed by law(c) to attorneys, solicitors and

(a) See 6 Opin. 761.

(b) The following states have acceded to this treaty, namely, Bremen, Mecklenberg-Strelitz, Wirtemberg, Mecklenberg. Schwerin, Oldenburg and Schaumberg-Lippe, 16 June 1852, 10

Stat. 970-2. A similar treaty was concluded with Bavaria, 12 Sep tember 1853, 1bid. 1022; and with Hanover, 18 January 1855, Ibid. 1138.

(c) There can be no taxation of costs, except under this act,

10 Stat. 161.

fixed.

proctors in the United States courts, to United States district attorneys, (a) clerks of the dis- 26 Feb. 1853 § 1. trict and circuit courts, marshals, witnesses, jurors, commissioners and printers in the several states, the following and no other compensation shall be taxed and allowed. But Fees of officers this act shall not be construed to prohibit attorneys, solicitors and proctors from charg- Not to prohibit ing to and receiving from their clients, other than the government, such reasonable com- attorneys receiv pensation for their services, in addition to the taxable costs, as may be in accordance ing compensa with general usage in their respective states, or may be agreed upon between the parties, clients. 2. Fees of attorneys, solicitors and proctors.—In a trial before a jury, in civil and Fees of attorneys, criminal causes, or before referees or on a final hearing in equity or admiralty, a docket fee of twenty dollars: Provided, That in cases in admiralty and maritime jurisdiction, where the libellant shall recover less than fifty dollars, the docket fee of his proctor shall be but ten dollars.

In cases at law, where judgment is rendered without a jury, ten dollars, and five dollars where a cause is discontinued.

For scire facias and other proceedings on recognisances, five dollars.

For each deposition taken and admitted as evidence in the cause, two dollars and fifty

cents.

A compensation of five dollars shall be allowed for the services rendered in cases removed from a district to a circuit court by writ of error or appeal.

tion from private

&c.

3. For examination by a district attorney, before a judge or commissioner, of a person District attoror persons charged with crime, five dollars per day for the time necessarily employed.

For each day of his necessary attendance in a court of the United States, on the business of the United States, when the same shall be held at the place of his abode, five dollars, and the like sum for his attendance for each day of the term when the said court shall be held elsewhere.

For travelling from the place of his abode to the place of holding any court of the United States in his district, and to the place of any examination before a judge or commissioner, of a person or persons charged with crime, ten cents per mile for going and ten cents for returning.

When an indictment for crime shall be tried before a jury, and a conviction is had, in addition to the attorney's fees allowed by this act, the district attorney may be allowed a counsel fee in proportion to the importance and difficulty of the cause, not exceeding thirty dollars.

In every case where a district attorney has, during the last six years, prosecuted or defended a suit in which the United States was concerned, in a district where the law allows no taxable attorney's fees, and for which he has received no compensation, except his per diem and annual salary, he shall be paid for his services according to the provisions of this act.

neys.

For the services of counsel, rendered at the request of the head of a department, such Counsel. sum as may be stipulated or agreed on.(b)

be included in one indictment.

4. Whenever there are or shall be several charges against any person or persons for What offences to 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, (c) 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.

suits for viela

5. Whenever two or more things belonging to the same person or persons are or shall Consolidation of be seized for an alleged violation of the revenue laws, the whole shall be included in one tion of revenue suit; and if not so included, and separate actions are prosecuted, the court may consoli- laws. date them.

6. Whenever two or more indictments, suits or proceedings, are or shall be prosecuted, But one set of which should be joined, the district attorney prosecuting them shall be paid but one bill costs to be paid. of costs for all of them; and if any attorney, proctor or other person admitted to manage Penalty for vexa or conduct causes in any court of the United States or of the territories thereof, shall tious multiplying of costs. 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.

7. Whenever two or more charges are or shall be made, or two or more indictments But one warrant shall be found against a person, only one writ or warrant shall be necessary to arrest

which abolishes all previous laws on the subject, without any reservation. Lyell v. Miller, 6 McLean, 422. In suits at common law, nothing can be recovered for expenses, beyond the legal taxed costs, as defined by the statute. Parker v. Bigler, 14 Leg. Int. 180. (a) It only applies to cases in which district attorneys perform official duties as such in the courts of the United States; and does not extend to services rendered by them in the state courts. 6 Opin. 299. And see 1 Ibid. 285. 5 Ibid. 201, 577. 7 Ibid. 46, 40, 84.

and commitment

(b) Any head of department may, in his discretion, employ special counsel on behalf of the government. 7 Opin. 141. Such special fees are chargeable to the proper fund of the department, and not to the judiciary fund. 61bid. 299.

(c) Several charges for passing counterfeit coin, at different times, and on different occasions, may be joined; and, on conviction, the punishment appropriated to each must be inflicted. United States v. O'Callahan, 6 McLean, 596.

26 Feb. 1853. to issue against

the same defendant.

Warrant of reinoval.

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 livered to jailor 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.

Copy to be de

&c.

16 Aug. 1856

Fees of district attorneys for

12.

8. All accounts of the United States district attorneys for services rendered in cases 11 Stat. 50. instituted in the United States or state courts, when the United States is a party in interest, but not of record; or in cases instituted against the officers of the United States services in state or their deputies, or duly appointed agents, for acts committed or omitted or suffered by them in the lawful discharge of their duties, shall be audited and allowed as in other cases, assimilating the fees, as near as may be, to those provided by said act of February 26, 1853, for like or similar services.

courts.

26 Feb. 1853 1.

II. OF CLERKS OF COURTS.

9. Clerk's fees. For issuing and entering every process, commission, summons, 10 Stat. 163. capias, execution, warrant, attachment or other writ, except a writ of venire, summons, or subpoena for a witness, one dollar.

Clerks' fees.

In a Imiralty and equity.

In error and on appeal.

For filing and entering every declaration, plea or other paper, ten cents.

For administering every oath or affirmation to a witness, or other person, except a juror, ten cents.

For entering any return, rule, order, continuance, judgment, decree or recognisance, drawing any bond, or making any record, certificate, return or report, for each folio fifteen cents; and for a copy of any such entry or record, or of any paper on file, not exceeding one folio, ten cents; and for each additional folio, ten cents.

For making dockets and indexes, and for all other services on the trial or argument of a cause, where issue is joined and testimony given, including venire and taxing costs, three dollars.

For making dockets and indexes, and for all other services in a cause where issue is joined and no testimony given, including taxing costs, two dollars.

For making dockets and indexes, and for taxing costs and other services, in a cause which is dismissed, discontinued, or a judgment or decree is made or rendered therein without issue, one dollar.

In equity and admiralty causes only, the process, pleadings and decree, and such orders and memorandums as may be necessary to show the jurisdiction of the court and regularity of the proceedings, shall be entered upon the final record; and, in case of an appeal, copies of the proofs, and of such entries and papers on file as may be necessary on hearing of the appeal, may be certified up to the appellate court.

For affixing a seal of the court to any instrument when required, twenty cents. For issuing a writ of subpoena, twenty-five cents. For every search for any particular mortgage, judgment or other lien, fifteen cents. For travelling from the office of the clerk, where he is required by law to reside, to the place of holding any court required to be held by law, five cents per mile for going and five for returning, and five dollars per day for his attendance on any such court or courts while actually in session.

For searching the records of the court for judgments, decrees and other instruments constituting a general lien upon 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 the requirements of any statute or order of court, one per cent. on the amount so received, kept and paid. (a) In cases removed by writ of error or appeal, the clerk's fees for making dockets and taxing costs, shall be but one dollar; and the clerks of the district and circuit courts Power to admi- respectively, ex officio, shall be, and hereby are, authorized and empowered to administer nister oaths, &c. oaths, take acknowledgments, take and certify affidavits and depositions in the same manner as commissioners, and shall be entitled to the same fees and compensation therefor.

(a) A clerk is not entitled to commissions "for receiving, keep ing and paying out money," unless the fund has actually passed into the court, or through the clerk's official hand, or has been agreed to be considered as having done so. The fact that the money is subject to the decree of the court, it not being in the Bourt's registry, is not enough to give the clerk a right to com

missions. Ex parte Plitt, 2 Wall. Jr. 453. But money deposited in a bank under a decree of the court, is deposited in court, and the clerk is entitled to commissions in the same manner, as if it had actually been paid into 1 is hands. Ex parte Prescott, 2 Gall. 145.

III. OF MARSHALS.

10 Stat. 164.

10. Marshals' fees. For service(a) of any warrant, attachment, summons, capias or 26 Feb. 1853 3 1. other writ, (except execution, venire or a summons of subpoena for a witness), two dollars for each person on whom such service may be made: Provided, That on petition setting Marshals' fees. forth the facts on oath, the court may allow such fair compensation for the keeping of personal property attached and held on mesne process, as shall, on examination, be found to be reasonable.

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 witness.

For travel in going only (b) 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 the most remote, adding thereto the extra travel which shall be necessary to serve it on the other: Provided, That when more than two writs of any kind in behalf of the same party or parties, to be served on the same person or persons, or part of the same persons, are or might be served at the same time, the marshal shall be entitled to compensation for travel on only two of such writs; and to save unnecessary expense, it shall be the duty of the clerk to insert the names of as many witnesses in a cause, in such subpoena, as convenience in serving the same will permit. And in all cases where mileage is allowed to the marshal by this act, it shall be at his option to receive the same, or his actual travelling expenses, to be proved on his oath to the satisfaction of the court.

For each bail bond, fifty cents.

For summoning appraisers, each fifty cents.

For every commitment or discharge of a prisoner, fifty cents. (c)

For every proclamation in admiralty, thirty cents.

For sales of vessels or other property, under process in admiralty, or under the order of a court of admiralty, and for receiving and paying the money, for any sum under five hundred dollars, two and one half per centum; for any larger sum, one and one quarter per centum, upon the excess.

For serving an attachment in rem or a libel in admiralty, two dollars; and the necessary expenses of keeping boats, vessels or other property attached or libelled in admiralty, not exceeding two dollars and fifty cents per day; and in case the debt or claim shall be settled by the parties, without a sale of the property, (d) the marshal shall be entitled to a commission of one per cent. on the first five hundred dollars of the claim or decree, and one half of one per cent. on the excess over five hundred dollars: Provided, That in case the value of the property shall be less than the claim, then, and in such case, such commission shall be allowed only on the appraised value thereof.

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, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the several states respectively, 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 laws 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: Provided, That in no case shall the fees for distributing and serving venires, and drawing and summoning jurors by township officers, including mileage chargeable by the marshal for such service, at any court, exceed fifty dollars.(e)

For travelling from his residence to the place of holding court, to attend a term thereof, ten cents per mile for going only, and five dollars per day for attending the circuit and district courts (g) when they are both in session, or for attending either of

(a) A fee is allowable to a marshal as for a "service," when a writ or warrant is executed by him, but not otherwise. Charges for aid or assistance are allowed where the nature of the case renders it proper, and the amount claimed is shown to be reasonable. Ex parte Paris, 3 W. & M. 227.

(b) He is not entitled to mileage, in serving a rule to plead. Parker e. Bigler, 14 Leg. Int. 180.

(c) A fee is allowed for a commitment, when made under an order of the court, or in execution of a mittimus, but not in other cases. A fee is proper for a discharge, when a prisoner is released entirely from custody; but not when brought into court

for trial or testifying. Ex parte Paris, 3 W. & M. 227.

(d) This does not give the marshal a right to a commission where the claim of the libellant is settled before any claimant of the property libelled appears in court. Bone v. The Norma, 1 Newb. 533.

(e) United States v. Cogswell, 3 Sumn. 204. United States v. Smith, 1 W. & M. 190.

(g) Many of the duties performed by marshals during the sittings of courts, are considered as covered by the per diem allowance for attendance on courts, and must not be charged as independent services. Ex parte Paris, 3 W. & M. 227.