sand dollars a year, or exceeding that rate for any time less than a year. (Rev. Stats. sec. 835.)

Note. If proceedings are not formally entered, the fees may be divided between the district attorney and his successor. (Ex parte Robbins, 2 Gall. 320.) The compensation derived from fees and emoluments, limited to a fixed amount, is virtually a salary restriction, and no extra allowance can be made, unless expressly authorized by law. (United States v. Ingersoll, Crabbe, 135; The Anna, Blatchf. Prize, 337.)

§304. District attorney of southern district of New York.-There shall be paid to the district attorney for the southern district of New York, in addition to his salary, at the rate of six thousand dollars a year, such sum as shall be necessary, together with the costs and fees allowed him by law, to pay such amount as may be fixed by the attorney-general for the proper expenses of his office. But nothing in this or the preceding section shall forbid the allowance of additional compensation for services in prize causes, as provided in title "Prize." (Rev. Stats. sec. 836.)

§ 305. District attorney and marshal in Oregon and Nevada. -The district attorneys and marshals for the districts of Oregon and Nevada shall be entitled to receive, for the like services, double the fees herein before provided; but neither of them shall be allowed to retain of such fees any sum exceeding the aggregate compensation of such officer as herein before provided. (Rev. Stats. § 837.)

§ 306. Prosecution of frauds on the revenue.—lt shall be [the] duty of every dis

trict attorney to whom any collector of customs, or of internal revenue, shall report according to law any case in which any fine, penalty, or forfeiture has been incurred in the district of such attorney for the violation of any law of the United States relating to the revenue, to cause the proper proceedings to be commenced and prosecuted without delay, for the fines, penalties, and forfeitures in such cases provided, unless, upon inquiry and examination, he shall decide that such proceedings cannot probably be sustained, or that the ends of public justice do not require that such proceedings should be instituted; in which case he shall report the facts in customs cases to the secretary of the treasury, and in internal revenue cases to the commissioner of internal revenue, for their direction. And for the expenses incurred and services rendered in all such cases, the district attorney shall receive and be paid from the treasury such sum as the secretary of the treasury shall deem just and reasonable, upon the certificate of the judge before whom such cases are tried and disposed of; provided, that the annual compensation of such district attorney shall not exceed the maximum amount prescribed by law, by reason of such allowance and payment. (Rev. Stats. sec. 838; 18 U. Stats. 240; 1 Sup. Rev. Stats. 264.)

§ 307. Compensation retained by a clerk. No clerk of a district court, or clerk of a circuit court, shall be allowed by the attorney-general, except as provided in the next section, and in section eight hundred and forty-two, to retain of the fees and emoluments of his office, or, in case

both of the said clerkships are held by the same person, of the fees and emoluments of the said offices, respectively, for his personal compensation, over and above his necessary office expenses, including necessary clerk hire, to be audited and allowed by the proper accounting officers of the treasury, a sum exceeding three thousand five hundred dollars a year for any such district clerk or for any such circuit clerk, or exceeding that rate for any time less than a year. (Rev. Stats. sec. 839.)

Note. Where both offices are held by the same person, he is entitled to the distinct compensation provided for each. (United States v. Bassett, 2 Story, 389; see In re United States v. Cigars, 2 Fed. Rep. 495.)

$308. Clerks in California,Oregon and Nevada. The clerks of the several circuit and district courts in California, Oregon and Nevada shall be entitled to charge and receive double the fees herein before allowed to clerks, and shall be allowed, respectively, by the attorney-general, to retain the fees so received by them, for their personal compensation, over and above the necessary expenses of their offices, including the salaries of deputy clerks, and necessary clerk hire, to be audited by the proper accounting officers of the treasury department, any sum not exceeding seven thousand dollars a year, nor exceeding that rate for any time less than a year; provided, that whenever in either of the said districts, the same person holds the office of clerk of both the circuit and district courts, he shall be allowed by the attorney-general to retain for his personal compensation, as aforesaid, only such sum as herein allowed to be re

tained by a person holding the office of clerk of only one of the said courts. (Rev. Stats. sec. 840.) § 309. Compensation of marshal.-No marshal shall be allowed by the attorney-general, except as provided in the next section, to retain of the fees and emoluments which he is required to include in his semi-annual returns, as aforesaid, for his personal compensation, over and above the necessary expenses of his office, including necessary clerk hire, to be audited and allowed by the proper accounting officers of the treasury department, and a proper allowance to his deputies, any sum exceeding six thousand dollars a year, or exceeding that rate for any time less than a year. The allowance to any deputy shall in no case exceed threefourths of the fees and emoluments received or payable for the services rendered by him, and may be reduced below that rate by the attorney-general, whenever the returns show such rate to be unreasonable. (Rev. Stats. sec. 841.)

Note. The attorney-general can do nothing but reduce the rate allowed, whenever the marshal's return shows such “rate to be unreasonable." (Phillips v. U. S., 11 Ct. of Cl. 570.)

§ 310.

Additional

compensation in prize causes.-Clerks and marshals may be allowed to retain, for all official services in prize causes, an additional compensation not exceeding in amount one-half of the maximum compensation allowed to them, respectively, by the three preceding sections. (Rev. Stats. sec. 842.)

Note.-District attorneys in prize cases are entitled to retain the costs, deducting the same from their gross sal

aries. (The Anna, Blatchf. Prize, 339; In re United States v. Cigars, 2 Fed. Rep. 495.) Clerks and marshals entitled to additional compensation in prize causes. (United States v. Averill, 130 U. S. 335.)

§ 311. Mileage.-Only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States, and all allowances for mileages and transportation in excess of the amount actually paid are hereby declared illegal; and no credit shall be allowed to any of the disbursing officers of the United Utates for payment or allowances in violation of this provision. (June 16, 1874. 18 U. S. Stats. 72; 1 Sup. Rev. Stats. 37. See Rev. Stats. secs. 829, 830.)

§ 312. Mileage, attorneys, marshals and clerks. From and after the first day of January, eighteen hundred and seventy five, no such officer or person shall become entitled to any allowance for mileage or travel, not actually and necessarily performed under the provisions of existing law. (Secs. 827-839, U. S. Stats 334; 1 Sup. Rev. Stats. 147.)

Note. Only one charge for mileage is allowable for the service of several writs on hand at the same time, in the same direction. (15 Opin. Att.-Gen. 108; see 16 Opin. Att.-Gen. 165.)

$313.

Mileage, jurors and witnesses. Jurors and witnesses in the district and circuit courts of the United States in and for the State of Colorado shall be entitled to receive fifteen cents for each mile actually traveled in coming to