26 Feb. 1853. said courts when but one is in session, and for bringing in and committing prisoners and witnesses during the term. Criers and tip staves. Ibid. 2 2. Contingent ex. penses. For executing a deed prepared by a party or his attorney, one dollar. For drawing and executing a deed, five dollars. For transporting criminals, ten cents per mile for himself, each necessary guard, and each prisoner. (a) For copies of writs or papers furnished at the request of any party, ten cents per folio. For holding a court of inquiry or other proceedings before a jury, including the summoning of a jury, five dollars. The marshal of the district of South Carolina shall hereafter be entitled to receive a salary of two hundred dollars per annum. The respective courts of the United States shall appoint criers for their courts, to be allowed the sum of two dollars per day; and the marshals are hereby authorized to appoint such a number of persons, not exceeding five, as the judges of their respective courts shall determine, to attend upon the grand and other juries, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by and included in the accounts of the marshal, out of any money of the United States in his hands; the compensation to be given only for actual attendance; and when both courts are in session at the same time, to be paid but for attendance on one court. 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 per day, in addition to his compensation for service and travel. For disbursing money to jurors and witnesses, and for other expenses, two per centum. For attending examinations before a commissioner, and bringing in, guarding and returning prisoners charged with crime, and witnesses, two dollars per day, and the same for each deputy necessarily attending, not exceeding two.(b) 11. There shall be paid to the marshal his fees for services rendered for the United What fees to be States, for summoning jurors and witnesses in behalf of the United States, and in paid to marshals. behalf of any prisoner to be tried for a capital offence; for the maintenance of prisoners of the United States, confined in jail for any criminal offence; (c) for the commitment or discharge of such prisoners; for the expenses necessarily incurred for fuel, lights and other contingencies that may accrue in holding the courts within the district, and providing the books necessary to record the proceedings thereof: Provided, that the marshal shall not incur an expense of more than twenty dollars in any one year for furniture, or fifty dollars for rent of building and making improvements thereon, without first submitting a statement and estimates to the secretary of the interior, and getting his instructions in the premises. 26 Feb. 18533. IV. OF COMMISSIONERS. 12. Commissioners' fees.---For administering an oath, ten cents; taking an acknow 10 Stat. 167. ledgment, twenty-five cents. Commissioners' fers. For hearing and deciding on criminal charges, five dollars per 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 court, three dollars per day. For taking and certifying depositions to file, twenty cents for each folio of one hundred words, and ten cents per folio for each copy of the same furnished to a party on request. For issuing any warrant or writ, or 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 the 9th of August 1842, between the United States and the queen of the United Kingdom of Great Britain and Ireland, against any person charged with any of the crimes or offences set forth in said article, two dollars; and the same sum for any warrant issued under the provisions of the convention for the surrender of criminals, between the United States and the king of the French, concluded at Washington on the 9th of November 1843; and for hearing and deciding upon the case of any person charged with any offence or crime, and arrested under the provisions of said treaty, or convention, five dollars per day for the time necessarily employed. V. OF WITNESSES. 26 Feb. 1853 3. 13. Witnesses' fees.-For each day's attendance in court or before any officer pursuant (b) The fees of a marshal for bringing in and returning, and the Intermediate commitment of prisoners, or witnesses, in cases pend ing before a commissioner, are embraced in the per diem allowance for attendance at the trial. And the same rule applies in cases pending in the courts. 7 Opin. 667. (c) See Ex parte Paris, 3 W. & M. 227. 10 Stat. 167, to law, one dollar and fifty cents, and five cents per mile for travelling from his place of 26 Feb. 1853 ₫ 3. residence to said place of trial or hearing, and five cents per mile for returning. When a witness is subpoenaed in more than one cause between the same parties in different Witnesses' fees. suits at the same court, but one travel fee and one per diem compensation shall be allowed for attendance, to be taxed in the first case disposed of, and "per diem" only in the other causes, to be taxed from that time in each case, in the order in which they may be disposed of. (a) When a witness is detained in prison for want of security for his appearance, he shall be entitled to a compensation of one dollar per day over and above his subsistence. When a clerk or other officer of the United States shall be sent away from his place of business as a witness for the government, either with or without papers or books, his salary shall continue; his necessary expenses, stated in items and sworn to, in going, returning, and attendance on the court, shall be audited and paid, but no mileage nor other compensation shall in any case be allowed. There shall be paid to such seaman or other person as has been or shall be sent to the United States from any foreign port, station, sea or ocean, by any United States minister, chargé d'affaires, consul, commander or captain, to give testimony in any criminal case which has been or may be depending in any court of the United States, such compensation as the court which had or shall have cognisance of the crime, shall adjudge to be right and proper, not to exceed one dollar for each day the said seaman or person has been or shall be necessarily on the voyage, and arriving at the place of examination or trial, exclusive of sustenance and transportation; the court to take into consideration, in fixing said compensation, the condition of said seaman or witness; whether his voyage has been broken up, to his injury, by his being sent to the United States, or not. If said seaman or person has been or shall be transported in an armed vessel of the United States, no charge for sustenance or transportation shall be made; if in any other vessel, the court may adjudge what compensation shall be paid to the captain of said vessel, and the same shall be paid accordingly: Provided, That in no case shall transportation and subsistence be allowed at a rate exceeding fifty cents per diem. 11 Stat. 50. 14. No officer of the United States courts, including the bailiffs, guards or deputies of 16 Aug. 1856 3 8. the United States marshals, whether in the states, territories or District of Columbia, shall be entitled to witness fees, either before a court or commissioners where he is officers not to re officiating. VI. OF JURors. ceive fees as witnesses. 15. Jurors' fees. For actual attendance at any court or courts, two dollars per day 26 Feb. 1853 § 3. during such attendance. 10 Stat. 168. For travelling from their residence to said court or courts, five cents per mile for going, Jurors' fees. and the same for returning.(b) VII. OF PRINTERS. 10 Stat. 168. 16. Printers' fees.-For publishing any statute, notice or order required by law, or 26 Feb. 1853 3 3. the lawful order of any court, department, bureau or other person, (c) in any newspaper, forty cents per folio for the first insertion, and twenty cents per folio for each subsequent Printers' fees. insertion. That the compensation herein provided shall include the furnishing lawful evidence, under oath, of publication, to be made and furnished by the printer or publisher making such publication. deemed a folio. 17. The term folio, in this act, shall mean one hundred words, counting each figure as What to be a word. When there are over fifty and under one hundred words, they shall be counted as one folio, but not when there are less, except when the whole statute, notice or order contains less than fifty words. VIII. MISCELLANEOUS PROVISIONS. 10 Stat. 165. to render semi 18.(d) Every district attorney, clerk of a district court, clerk of a circuit court and mar- 26 Feb. 1853 3 3. shal of the United States, (e) shall, until otherwise directed by law, upon the first day of January and July in each year, commencing with the first day of July next, or within Officers of courts thirty days from and after the days specified, make to the secretary of the interior, in annual accounts such form as he shall prescribe, a return in writing, embracing all the fees and emolu- of emoluments ments of their respective offices, of every name and character,(g) distinguishing the fees and emoluments received or payable under the bankrupt act, from those received or pay (a) It seems, that witnesses who are subpoenaed to attend by the same plaintiff in different suits against several defendants, are entitled to their fees for attendance in each cause. Parker v. Bigler, 14 Leg. Int. 180. (b) This act to embrace the jurors of the United States courts for the District of Columbia, by act 23 April 1826. 11 Stat. 6. (c) This applies only to such a publiesti on in the case of judicla! proceedings, and not to the publication of laws and treaties by the secretary of state. 6 Opin. 502. (d) This section re-enacts substantially, but with some modifi and fees. cations, and making them more stringent, the first two provisoes (g) This does not include an allowance made to a district attor- district attor neys. Clerks. Mashals. 26 Feb. 1853. able for any other service; and in the case of a marshal, further distinguishing the fees and emoluments received or payable for services by himself personally rendered, froin those received or payable for services rendered by a deputy; and also distinguishing the fees and emoluments so received or payable for services rendered by each deputy, by name, and the proportion of such fees and emoluments which, by the terms of his service, each deputy is to receive; and, also, embracing all the necessary office expenses of such officer, together with the vouchers for the payment of the same for the half-year ending on the said first day of January or July, as the case may be, which return shall What amount to be, in all cases, verified by the oath of the officer making the same. (a) And no district be retained, by attorney shall be allowed by the said secretary of the interior to retain of the fees and emoluments of his said office, for his own personal compensation, over and above his necessary office expenses, the necessary clerk hire included, to be audited and allowed by the proper accounting officers of the treasury, a sum exceeding six thousand dollars per year, and at and after that rate for such time as he shall hold the office; and no clerk of a district court, or clerk of a circuit court, shall be allowed by the said secretary to retain of the fees and emoluments of his said office, or, in case both of the said clerkships shall be held by the same person, (b) of the said offices, for his own personal compensation, over and above the necessary expenses of his office, and necessary clerk hire included, (c) also to be audited and allowed by the proper accounting officers of the treasury, a sum exceeding three thousand five hundred dollars per year, for any such district clerk or circuit clerk, or at and after that rate for such time as he shall hold the office: [Provided, That when the compensation of any clerk shall be less than five hundred dollars per annum, the difference, ascertained and allowed by the proper accounting officer of the treasury, shall be paid to him therefrom;] (d) and no marshal shall be allowed by the said secretary to retain of the fees and emoluments of his office, for his own personal compensation, over and above a proper allowance to his deputies, which shall in no case exceed three-fourths of the fees and emoluments received as payable for the services rendered by the deputy to whom the allowance is made, and may be reduced below that rate by the said secretary of the interior whenever the return shall show that rate of allowance to be unreasonable, and over and above the necessary office expenses of the said marshal, the necessary clerk hire included, also to be audited and allowed by the proper accounting officers of the treasury, a sum exceeding six thousand dollars per year, or at and after that rate for such times as he shall hold the office; and every such officer shall, with each such return made by him, pay into the treasury of the United States, or deposit to the credit of the treasurer thereof, as he may be directed by the secretary of the interior, any surplus of the fees and emoluments of his office, which his half-yearly return so made as aforesaid shall show to exist over and above the compensation and allowances herein before authorized to be retained and paid by him. And in every case where the return of any such officer shall show that a surplus may exist, the said secretary of the interior shall cause such returns to be carefully examined, and the accounts of disbursements to be regularly audited by the proper officers of his department, and an account to be opened with such officer in proper books to be provided for that purpose; and the allowances for personal compensation for each calendar year shall be made from the fees and emoluments of that year, and not otherwise: And provided further, That nothing in any existing law of congress authorizing the payment of a per Per diem allow diem compensation to a district attorney, clerk of a district court, or clerk of a circuit court, or marshal or deputy marshal, for attendance upon the district or circuit courts during their sittings, shall be so construed as to authorize any such payment to any one of those officers for attendance upon either of those courts while sitting for the transaction of business under the bankrupt law merely, or for any portion of the time for which either of the said courts may be held open or in session by the authority conferred in that law; and no such charge in an account of any such officer shall be certified as payable, or shall be allowed and paid out of the money herein before appropriated for defraying the expenses of the courts of the United States. And no per diem or other allowance shall be made to any such officer for attendance at rule days of the circuit or district courts; and when the circuit and district courts sit at the same time, no greater per diem or other allowance shall be made to any such officer than for an attendance on one court. Surplus to be paid into the treasury. Allowance restricted to fees of the current year. ance, when to be pail. Repeal of part of act of 1842. 19. The two last provisoes of paragraph 167 of the civil and diplomatic appropriation act, approved May the 18th 1842, which require clerks to certify accounts, and confine (a) The act 3 March 1845 3, provides that no part of any appropriation that may be made for the judicial expenses of the United States, shall be paid, or in any way allowed, to any person or persons who has or have neglected, or shall hereafter neglect, to comply with all and every requirement contained in the 167th paragraph of 1 of the act 18 May 1842; which is supplied by the act in the text. 5 Stat. 764. (b) If the two offices are held by the same person, he is entitled to the compensation allowed for each. But the fees of the two offices are to be kept distinct, and if those of either do not amount to the maximum of compensation fixed by the act, the deficiency cannot be made up from the fees of the other office. United States v. Bassett, 2 Story, 389. (c) See 7 Opin. 543. the marshals, clerks and district attorneys of the northern and southern districts of New 26 Feb. 1853. York to the fees allowed by the state law to clerks, attorneys, counsellors and sheriffs, for similar services in the state courts, are herel y repealed.(a) taxed as costs. 20. The bill of fees of clerk, marshal and attorneys, and the amount paid printers and What fees to be witnesses, and lawful fees for exemplification and copies of papers necessarily obtained for use on trial in cases where by law costs are recoverable in favor of the prevailing party, shall be taxed by a judge or clerk of the court, and be included in and form a portion of a judgment or decree against the losing party.(b) Such taxed bills shall be Taxed bills to be filed with the papers in the cause. filed. 21. In cases where the United States are parties, the marsha! shall, on the order of Payment of jurors and witthe court, to be entered in its minutes, pay to the jurors and witnesses all such fees as nesses. they may appear by such order to be entitled to, which sums shall be allowed him at the treasury in his accounts. 22. The fees of the marshals, clerks, commissioners and district attorneys, in cases Payment of officers' fees by where the United States are liable to pay the same, shall be paid on settling their accounts the United at the treasury, such accounts to be made out and verified by the party under oath, and States. forwarded to the first auditor of the treasury.(c) 23. In prize cases, where there is a condemnation and sale, the costs, so far as they are Payment of costs in prize cases. payable and can be paid out of the proceeds of sale, shall be paid on the order of the court upon the filing of the taxed bills, making them a portion of the record in the case. 24. No district attorney, marshal or clerk, or their deputies, shall receive any other or Penalty for tak greater compensation for any services rendered by him than is provided in this act; and ing illegal fees. all acts and parts of acts, allowing to either of them any other or greater fees than is herein provided, are hereby repealed; and to receive any other or greater compensation is hereby declared to be a misdemeanor. And if any officer herein before mentioned, or his deputy, shall, by reason or cover of his office, wilfully and corruptly demand and receive any other or greater fees than those allowed in this act, he shall, on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding six months, at the discretion of the court before whom the conviction shall be had. But this shall not be construed to prohibit the payment of any salary authorized by statute: Provided, That in the state of Cali- Extra allowance fornia and the territory of Oregon, officers, jurors and witnesses shall be allowed, for the in California and Oregon. term of two years, double the fees and compensation allowed by this act, and the same fees allowed by this act with fifty per cent. added thereto, for two years thereafter. 25. That before any bill of costs shall be taxed by any judge or other officer, or allowed Bills of costs to be by any officer of the treasury, in favor of clerks, marshals, commissioners or district sworn to. attorneys, the party claiming such bill shall prove by his own oath, or some other person having a knowledge of the facts, to be attached to such bill, and filed therewith, that the services charged therein have been actually and necessarily performed, as therein stated. 26. That witnesses who are required to attend any term of the court on the part of the Government wit United States, shall be subpoenaed to attend to testify generally on their behalf, and not nesses to be subpœnaed genedepart the court without leave of the court or district attorney, under which it shall be rally. their duty to appear before the grand jury or petit jury, or both, as they shall be required by the court or district attorney. No writ shall be necessary to bring into court any Prisoners to be prisoner or person in custody, or for remanding him from the court into custody; but the brought up and same shall be done on the order of the court or district attorney, for which no fee shall out writ. be charged by the clerk or marshal. remanded with 27. If any person shall falsely take an oath or affirmation in relation to any matter Ibid. 4. authorized by this act, such person shall be deemed guilty of perjury, and upon convic- False swearing to tion thereof shall suffer the pains and penalties in that case provided. be deemed perjury. Ibid. 25. Repeal of former 28. All laws and regulations heretofore made, which are incompatible with the provisions of this act, are hereby repealed and abrogated: Provided nevertheless, That this act shall not be construed to repeal or modify any clause or provision of an act approved laws. the 18th September 1850, entitled "An act to amend, and supplementary to the act Fugitive slave entitled 'An act respecting fugitives from justice, and persons escaping from the service law not to be of their masters,' approved February 12th 1793." affected. 10 Stat, 61. territories. 29. The provisions of the act of February 26th 1853, "to regulate the fees and costs 2 March 1855 & 12. to be allowed clerks, marshals and attorneys of the circuit and district courts of the United States, and for other purposes," are hereby extended to the territories of Minne- Extended to the sota, New Mexico and Utah, as fully, in all particulars, as they would be, had the word "territories" been inserted in the sixth line after the word "states," and the same had read, "in the several states and in the territories of the United States." This clause (a) 5 Stat. 483. (b) The costs may be taxed in the court below after the decision of a writ of error, and the receipt of a mandate from the supreme court. Sizer. Many, 16 How. 95. (c) The act 8 May 17926, provides that the fees and com pensation of the several officers and persons therein mentioned, other than those which are directed to be paid out of the treasury of the United States, shall be recovered in like manner as the fees of the officers of the states respectively for like services are recovered. 1 Stat. 278. 3 March 1855. to take effect from and after the date of said act, and the accounting officers will settle the accounts within its purview, accordingly.(a) 16 Aug. 1856 11 Stat. 49. 1. cers to be revised by the district judge. 30. Before the accounts of the United States marshals, district attorneys and clerks are presented to the accounting officers of the treasury department for settlement, they Accounts of off shall be examined and certified to by the district judge of the United States in the district in which the officers presenting the accounts officiate, whether in the states or territories, and the same shall be subject to revision upon their merits by said accounting officers, as in case of other public accounts: Provided however, That no accounts of fees or costs paid to any witness or juror, upon the order of any judge or commissioner, shall be so re-examined as to charge any marshal for an erroneous taxation of such fees or costs. 31. The accounts of the commissioners of the United States circuit courts shall be And accounts of examined and certified to by the district judge of the district in which they are commissioners. appointed, previous to their presentation to, or revision by, the accounting officers of the treasury department. Ibid. 3 2. Ibid. 3. 32. In no case shall the fees of more than four witnesses be taxed against the United No more than fees States in the examination of criminal cases before the commissioners of the United of four witnesses States circuit courts, unless their materiality and importance shall first be approved and certified to by the United States district attorney for the district in which the examination shall take place, subject to revision, as in other cases. before a commissioner, &c. Ibid. & 4. Ibid. 11. Compensation of 33. That in all these cases before mentioned, an appeal shall lie from the decision of the accounting officers to the secretary of the interior. 34. So much of the third section of the act of February 26, 1853, entitled "An act to regulate the fees and costs to be allowed to clerks, marshals and attorneys of the circuit clerks not to be and district courts of the United States, and for other purposes," as requires "that when made up to $500. the compensation of any clerk shall be less than five hundred dollars per annum, the difference ascertained and allowed by the proper accounting officers of the treasury shall be paid to him therefrom," is hereby repealed. Fines, Penalties and Forfeitures. 1. Application may be made to district judge, for remission of fine, penalty or forfeiture. Hearing. Notice to district attorney. Facts to be transmitted to secretary of the treasury. Who may remit the same. 2. State courts to have the same jurisdiction. 3. Right of prosecutor not to be affected by remission in certain cases. 4. Certain state courts to have jurisdiction of suits for fines, &c., under the revenue laws. District attorneys to appoint deputies. Limitation. 5. Power to hear applications for remission of fines, &c. Notice. be inade to dis remission of fine, ure. 6. Jurisdiction of the state courts enlarged. Deputy district attorneys to be appointed. 7. Jurisdiction to attach without regard to the amount in controversy. Nor to be defeated by state laws. Errors and appeals. 8. Power to receive applications for remission of penalties, &c. Notice. 9. Secretary may ascertain facts and remit fines, &c., not exceed 10. How penalties recoverable. ing $50. 11. Limitation of actions. 12. Power to remit forfeited recognisances. 13. Power of secretary to remit penalties, &c., in California and Oregon. 3 March 1797 1. 1. Whenever any person or persons, who shall have incurred any fine, penalty, (b) for1 Stat. 506. feiture or disability, or shall have been interested in any vessel, goods, wares or merchanApplication may dise, which shall have been subject to any seizure, forfeiture or disability, by force of trict judge for any present or future law of the United States, for the laying, levying or collecting any penalty or forfeit. duties or taxes, or by force of any present or future act, concerning the registering and recording of ships or vessels, or any act concerning the enrolling and licensing ships or vessels employed in the coasting trade or fisheries, and for regulating the same, (c) shall prefer his petition to the judge of the district, in which such fine, penalty, forfeiture or disability shall have accrued, truly and particularly setting forth the circumstances of his case; and shall pray that the same may be mitigated or remitted, the said judge shall inquire, in a summary manner, into the circumstances of the case; first, causing Notice to district reasonable notice to be given to the person or persons claiming such fine, penalty or forfeiture, and to the attorney of the United States for such district, that each may have an opportunity of showing cause against the mitigation or remission thereof; and shall cause the facts(d) which shall appear upon such inquiry, to be stated and annexed to the Hearing. attorney. (a) This act does not give the clerks of the courts of the United States in the territories of Minnesota, New Mexico and Utah. the double fees allowed to the officers of California and Oregon by the act of 1853, supra, 24. 7 Opin. €48. (6) This includes the fifty per cent. additional duty levied on imported goods, under the 2d proviso of the 17th section of the act 30 August 1842. 4 Opin. 182. 5 Ibid. 723. See Ibid. 730, contra. But it does not confer the power to release a bond given to entitle the obligor to drawback, after the same has become absolute. 2 Ibid. 278. Nor is the case of a debt due to the United States under a bond given for duties, within the net. 1 Ibid. 176. (c) In cases of mere forfeiture, or other penalties, accrued to the treasury, under the acts relating to the transportation of pass engers, the secretary may remit. 6 Opin. 488. But he has no power to remit the tonnage duty assessed with reference to the character of the vessel, officers and crew; nor to remit the penalty of a bond to return seamen. 4 Ibid. 273. Nor does the net extend to the case of a vessel condemned for an infraction of the act prohibiting the slave trade. Ibid. 573. See The Margaretta, 2 Gall. 515. (d) The judge is bound to state the facts, and not merely the evidence; and the secretary is bound by this statement, and cannot act upon any other evidence. The judge, in stating the facts, nets judicially, and the proof before him must be made by compe tent as well as credible testimony. A statement that the claimant swore to certain facts, is no legal proof, upon which the secretary can remit. The Margaretta, 2 Gail. 515. |