Gambar halaman
PDF
ePub

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. (Beckwith 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,

and subsequent proceedings thereon, was entitled to the same fees allowed to the clerk of a court for similar services. (United States v. Ewing, 140 U. S. 142.) It seems highly improbable that Congress should put the fees of commissioners upon the same basis as those of clerks, with the exception of docket fees, and make it a mere temporary expedient applicable only to the appropriation for a single year, when the same reasons would continue to exist for making it of permanent application. (Faris v. United States, 23 Ct. of Cl. 374; Strong v. United States, 34 Fed. Rep. 17; McKinistry v. United States, 34 Fed. Rep. 211; Thornley v. United States, 37 Fed. Rep. 765; Calvert v. United States, 37 Fed. Rep. 762; Crawford v. United States, 40 Fed. Rep. 446; Goodrich v. United States, 42 Fed. Rep. 392; United States v. Ewing, 140 U. §. 142.) A commissioner entitled to fees for mittimus, for acknowledgment, for drawing complaint, for entering return to process, and writing out testimony, but not to docket fees-per diem fees. (United States v. Ewing, 140 U. S. 142.) A fee is properly chargeable for the acknowledg ment of a recognizance, but that such acknowledgment is a single act, though it be made by principal and suret es, and that but a single fee of twenty-five cents is chargeable therefor. (United States v. Ewing, 140 U. S. 142; United States v. Barber, 140 U. S. 177.) A commissioner of the United States circuit court is entitled to the fee of five dollars a day for hearing and deciding motions upon bail and the sufficiency thereof, and for the continuance of cases before him. (United States v. Jones, 134 U. S. 483.) He is entitled to charge for more than three folios for drawing complaints in criminal cases where the complaints are not unnecessarily prolix and contain more than that number of folios. (United States v. Barber, 140 U. S. 177.) The Federal court will allow the fees of three commissioners for taking depositions on a commission issued out of the State court before the filing of the petition for removal, if defendant, against whom the costs are taxed, assented to that number of commissioners; but if he did not, fees for only one will be allowed. (Young v. Merchants' Ins. Co., 29 Fed. Rep. 273.) For taking and certifying a deposition, the commissioner is entitled to twenty cents per folio. (United States v. Ewing, supra.) A commissioner may

charge fees for more than one case against the same party for violation of the same section of the Revised Statutes, where the cases are different and relate to different offenses. (United States v. Barber, 140 U. S. 177.) In criminal cases, a commissioner of the circuit court is entitled to the following fees; for drawing complaints, where the local practice requires the complaint to be reduced to writing, twenty cents per folio (Ravesies v. United States, 24 Ct. Cl. 224); for each oath administered in connection with the complaint, ten cens, and fifteen cents for each jurat (United States v. McDermott, 140 U. S. 151); for filing a complaint or other paper, ten cents; for issuing a warrant, one dollar; for entering returns thereon fifteen cents per folio; for filing a warrant, ten cents; and the same fees for like services in issuing and return of subpoenas; for acknowledgment of recognizances, twenty-five cents each, but only one acknowlelgment can be allowed for each recognizance (United States v. Ewing, 140 U. S. 142); for the oaths of sureties and the jurats to such oaths; for pay-rolls of witnesses, fifteen cents per folio, and ten cents for each oath administered to witness in support of his claim for his fees; for transcript of proceedings, fifteen cents per folio; for depositions on examinations, twenty cents per folio; for filing each paper ten cents; but where two or more depositions are embraced in a single paper, or a series of sheets are attached together, they form but a single paper. (United States v. Barber, 140 U. S. 164.) He is also entitled to a fee of ten cents for filing such complaint, prior to this section and under the clause of sec. 828, "for filing and under entering every declaration, plea or other paper, ten cents." (United States v. Barber. 140 U. S. 164.) Where four seamen have like cause of complaint against a vessel, the commissioners can charge for but one summons and certificate. (Kelly v. The Topsy, 45 Fed. Rep. 486.)

§ 323. Witnesses' fees.-For each day's attendance in court, or before any officer, pursuant to law, one dollar and fifty cents, and five cents a mile for going from his place of residence to the

place of trial or hearing, and five cents a mile for returning. When a witness is subpoenaed in more than one cause between the same parties, at the same court, only one travel fee and one per diem compensation shall be allowed for attendance. Both shall be taxed in the case first disposed of, after which the per diem attendance fee alone shall be taxed in the other cases in the order in which they are disposed of. When a witness is detained in prison for want of security for his appearance, he shall be entitled, in addition to his subsistence, to a compensation of one dollar a day. (Rev. Stats. sec. 848. See secs. 879, 881.)

Witness fees.-A witness subpoenaed at the place of trial on the day of trial is not entitled to a travel fee (The Sunnyside, 5 Ben. 162); and if he has the means to pay traveling expenses, it is not necessary to tender his fees (United States v. Darling, 4 Biss. 509.) Fees for attendance may be taxed in civil as well as criminal cases (Sebring v. Ward, 4 Wash. C. C. 546); and although he was summoned to serve as a juror, and so served (Edwards v. Bond, 5 McLean, 300); and where his attendance and examination were procured in good faith, he is entitled to his fees, although he was not served with a subpoena. (United States v. Williams, 1 Cranch C. C. 178; Power v. Semmes, 1 Cranch C. C. 247; Cummings v. The Akron Co., 6 Blatchf. 509; Dennis v. Eddy, 12 Blatchf. 195; Anderson v. Moe, 1 Abb. U. S. 299; Prouty v. Draper, Story, 199. But see Sawyer v. Aultman Co., 5 Biss. 165; Woodruff v. Barney, 1 Bond, 528.)

Witnesses from a distance. The attendance of witnesses coming from more than one hundred miles distance is voluntary, even where served with a subpœna (Spaulding v. Tucker, 2 Sawy, 50); and fees may be taxed (Dreskill v. Parish, 5 McLean, 241); and his traveling fees may be taxed for a distance of one hundred miles, and no more (Beckwith v. Easton, 4 Ben. 337; The Leo, 5 Ben. 486; Anonymous, 5 Blatchf. 134; Russell v. Ashley,

« SebelumnyaLanjutkan »