Hemp. 546); and if he actually attends, his fees may be taxed although he is not examined (Hathaway v. Roach, 2 Wood. & M. 63); and although the subpoena was served on him by a private person. (Power v. Semmes, 1 Cranch C. C. 247; Miller v. Scott, 2 Bank. Reg. 86.) His fees are taxable although his deposition was taken (Anderson v. Moe, 1 Abb. U. S. 299; Beck with v. Easton, 4 Ben. 357); and in case of postponement on account of sickness of counsel, the fees may be taxed during the postponement. (Whipple v. Cumberland Cotton Co., 3 Story, 84.) The fees may be taxed during their actual attendance, after their examination is closed, and while the case is under argument. (Whipple v. Cumberland Cotton Co., 3 Story, 84.) If the case is postponed by agreement, fees for double travel may be taxed, if governed by the agreement. (Hance v. McCormick, 1 Čranch C. C. 522; Hathaway v. Roach, 2 Wood. & M. 63.) When summoned in several cases, a witness is allowed a per diem and mileage only in one case, to be distributed and charged equally among the various cases (Parker v. Cartzler, 5 McLean, 4); but he has a right to fees in each suit where the parties are different. (Parker v. Bigler, 1 Fish. 285.) A party called and examined as a witness in his own behalf is not entitled to fees or traveling expenses. (Nichols v. Brunswick, 3 Cliff. 88.) A party is not entitled to costs of more than three witnesses to any one fact. (Bussard v. Catalino, 2 Cranch C. C. 421.)

Attendance before commissioners." Pursuant to law" applies to attendance of witnesses before commissioners only (Cummings v. Akron Co., 6 Blatchf. 509); and if parties agree that the testimony of various witnesses shall be taken before a commissioner in another State, the fees may be allowed although they attended voluntarily. (Spaulding v. Tucker, 2 Sawy. 50) No per diem allowance can be taxed for attendance before a master where the testimony is afterward abandoned, stricken out or rejected. (Troy etc. Factory v. Corning, 7 Blatchf. 16.

Detention of witness.-If a witness is committed for want of recognizance, he is entitled to fees for the time he is detained. (In re Higginson, 1 Cranch C. C. 73.)

$ 324. No officer of court to have witness fees.-No officer of the United States courts, in any State or Territory, or in the District of Columbia, shall be entitled to witness fees for attending before any court or commissioner where he is officiating. (Rev. Stats. sec. 849.)

§ 325 Expenses of clerks as wit. nesses.- -When any clerk or other officer of the United States is sent away from his place of business as a witness for the government, 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, or other compensation in addition to his salary, shall in any case be allowed. (Rev. Stats. sec. 850.)

§ 326. Seamen sent home as witnesses. There shall be paid to each seaman or other person who is sent to the United States from any foreign port, station, sea or ocean, by any United States minister, charge d'affaires, consul, captain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensation, exclusive of subsistence and transportation, as such court may adjudge to be proper, not exceeding one dollar for each day necessarily employed in such voyage, and in arriving at the place of examination or trial. In fixing such compensation, the court shall take into consideration the condition of said seaman or witness, and whether his voyage has been broken up to his injury by his being sent to the United States.

When such seaman or person is transported in

an armed vessel of the United States, no charge for subsistence or transportation shall be allowed. When he is transported in any other vessel, the compensation for his transportation and subsistence, not exceeding in any case fifty cents a day, may be fixed by the court, and shall be paid to the captain of said vessel accordingly. (Rev. Stats. sec. 851.)

§ 327. Fees of grand and petit jurors. For actual attendance at any court or courts, and for the time necessarily occupied in going to and returning from the same, three dollars a day during such attendance. For the distance necessarily traveled from their residence in going to and returning from said court by the shortest practicable route, five cents a mile. (Rev. Stats. sec. 852; 21 U. S. Stats. 43; 1 Sup. Rev. Stats. 497.)

Note. Where a person is summoned as a juror, and at the same term subpoenaed by the United States as a witness, he is entitled to compensation for each service (Edwards v. Bond, 5 McLean, 300); and a juror from a distance may be allowed per diem for days during which the panel stands adjourned. (Parker v. Kemption, 1 Wall. Jr. 344.

328. Mileage in Pacific States.-Jurors and witnesses in the United States courts in the States of Wyoming, Montana, Washington, Oregon, California, Nevada, Idaho, and Colorado, and in the Territories of New Mexico, Arizona and Utah, shall be entitled to and receive fifteen cents for each mile necessarily traveled over any stage line or by private conveyance, and five cents for each mile over any railway in going to and returning from said courts: Provided, That no constructive or double mileage fees shall be allowed by reason of

any person being summoned both as witness and juror, or as witness in two or more cases pending in the same court and triable at the same term thereof. (27 U. S. Stats. 347.)

Mileage. More than one traveling fee may be taxed as costs for the same witness, where his attendance was required on different occasions by reason of the sole fault of the defeated party. (Hake v. Brown, 44 Fed. Rep. 734.)

§ 329. Printers' fees. For publishing any notice or order required by law, or the lawful order of any court, department, bureau, or other person, in any newspaper, except as mentioned in sections thirty-eight hundred and twenty-three, thirty-eight hundred and twenty-four, and thirty-eight hundred and twenty-five, title, "Public Printing, Advertisements, and Public Documents," forty cents per folio for the first insertion, and twenty cents per folio for each subsequent insertion. The compensation herein provided shall include the furnishing of lawful evidence under oath, of publication, to be made and furnished by the printer or publisher making such publication. (Rev. Stats. sec. 853.)

Printing records. -A charge for printing the record and brief in compliance with the rules of the United States circuit court in the second circuit is a proper item of disbursement. (Hake v. Brown, 44 Fed. Rep. 734.) Fees for final records in criminal cases cannot be limited to four folios in each case by an arbitrary rule. (Marvin v. United States, 44 Fed. Rep. 405.)

§ 330. Meaning of folio.-The term folio, in this chapter, shall mean one hundred words, counting each figure as a word. When there are over fifty and under one hundred words, they shall be counted as one folio; but a less number than

fifty words shall not be counted except when the whole statute, notice, or order contains less than fifty words. (Rev. Stats. sec. 854.) Folio. In determining the number of folios in a final record, each separate and distinct order, notice, or other paper is to be counted separately, according to the rule herein prescribed. (Erwin v. United States, 37 Fed. Rep. 470.)

§ 331. Cost of printing taxed.-And there shall be taxed against the losing party in each and every cause pending in the Supreme Court of the United States, or in the court of claims of the United States, the cost of printing the record in such case which shall be collected, except when the judgment is against the United States, by the clerks of said courts respectively, and paid into the treasury of the United States. (19 U. S. Stats. 344; 1 Sup. Rev. Stats. 288.)

Note. If the expense of the record is no greater than it would be at the government printing-office, it may be taxed as costs. (Railroad Co. v. Collector, 96 U. S. 594.)

§ 332. Payment of jurors and witnesses. In cases where the United States are parties, the marshal shall, on the order of the court, to be entered on its minutes, pay to the jurors and witnesses all fees to which they appear by such order to be entitled, which sun shall be allowed him at the treasury in his accounts. (Rev. Stats.

sec. 855.)

$333.

Fees of district attorneys, etc. The fees of district attorneys, clerks, marshals and commissioners, in cases where the United States are liable to pay the same, shall be paid on settling