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See JURISDICTION OF ACCOUNTING OFFICERS, No. 2.
CHAIRMEN OF COMMITTEES.
See CONGRESS, No. 3.
See Public Moneys, No. 1.
See PUBLIC BUILDINGS, No.6.
CHIEF OF PARTY.
See COAST AND GEODETIC SURVEY, Nos.5, 14.
CHINESE EXCLUSION ACT.
See MARSHALS, No. 10.
CIRCUIT COURT OF APPEALS.
See CLERKS, UNITED STATES COURTS, Nos. 6, 7; EXPENSES OF Dis-
TRICT JUDGES, No. 2; MARSHALS, Nos. 12, 14; OFFICE AND OFFI-
CER, Nos. 1, 2, 3.
See COMMUTATion of Rations, Nos. 2, 3; Navy, No. 10.
See INTERNAL REVENUE SERVICE, No.3.
See APPROPRIATIONS, No. 20; LOYALTY, Nos. 1, 2.
See OFFICE AND OFFICER, No. 8; PENSION AGENCIES.
See CONGRESS, No. 3.
CLERKS, UNITED STATES COURTS.
1. Under the act of July 31, 1894, allowing the clerks in North Dakota
double fees, a clerk can be allowed such double fees only from
and after the passage of the act, and not for the entire fiscal year
beginning July 1. 211.
2. A practice established or directly sanctioned by the judge has the
same force and effect as a rule of court, and the clerk of the court
acting thereunder is entitled to fees for the services rendered
necessary by such practice. 217.
3. A clerk of a court is not entitled to fees from the United States for
services in habeas corpus proceedings rendered at the request of
the person applying for the writ. 220.
4. For services rendered on behalf of the defendant in a criminal case,
other than those performed under section 878, Revised Statutes,
a clerk of the United States court is not entitled to fees from the
CLERKS, UNITED STATES COURTS-Continued.
5. Under section 878, Revised Statutes, the clerk's fee for the filing of
an indigent defendant's affidavit is no part of the “ costs incurred
by the process," and is not a proper charge against the Govern.
6. The act of July 31, 1894, allowing to the clerk of the courts in Mon-
tana, for services rendered during the fiscal year 1895, the same
fees as are allowed by law to like officers in Oregon and Idaho
authorizes him to charge and collect double the nsual fees allowed
to clerks of United States courts, but does not authorize him
to retain for his personal use the double maximum compensation
allowed to clerks in Oregon and Idaho. 253.
7. A clerk of a United States circuit court of appeals is entitled, under
section 2 of the act of March 3, 1891, to collect from the Govern-
ment its costs in cases in which it is a party, and, w er section 9
of said act, to retain, for his personal compensation, from the costs
and fees collected by him, after payment of his necessary office
expenses, a som not exceeding $500 per annum in addition to bis
8. A clerk of a United States circuit court of appeals is not entitled
to charge and collect from the Government the per diem fees and
mileage allowed to clerks of the circuit court by section 828 of the
· Revised Statutes. 276.
9. Where a restraining order directs that the marshal serve the de-
fendants with a certified copy thereof the clerk is entitled to
fees for certificates to the copies, but not for seals to such
10. It is not required that the copy of a subpæna in chancery served
on a defendant under rule 13 of the general equity rules shall be
certified, and the clerk is not entitled to fees for certificates and
seals to such copies, unless required by a rule of court or a prac-
tice directly sanctioned by the court. 312.
11. A clerk who has paid into the Treasury the costs taxed against a
defendant in a case where the Government is the plaintiff can
pot demand repayment from the United States of the sum taxed
as his fees. The amount which he is entitled to receive for sery.
ices rendered by him to the United States is payable only upon
his presenting an itemized account under section 856, Revised
12. A typewriter purchased by a clerk of a court from the emolumente
of his office is the property of the United States, and when sold
the proceeds must be covered into the Treasury under section
3618, Revised Statutes. 434,
13. A clerk is entitled to fees for administering oaths to marshals and
deputy marshals in support of explanations to their accounts
furnished by them upon the call of the accounting officers. 482.
14. Extra clerical assistance for the clerk of the United States district
court in Alaska, when necessary, may be paid for from the fines
and forfeiture fund if approved by the judge of the court. 485.
CLERKS, UNITED STATES COURTS-Continued.
15. When an indigent defendant has made the proof required by sec-
tion 878, Revised Statutes, the clerk is entitled to a folio fee of 15
cents from the United States for entering the order of the court
to summon defendant's witnesses. 578.
16. A clerk of a United States court is required by section 833 of the
Revised Statutes to include in his return of fees and emoluments
all fees earned by him whether actually collected or not. 589.
17. The act of February 6, 1889, allowing to a defendant as of right a
writ of error to the Supreme Court in capital cases without
security for costs, and making it the duty of the clerk to certify
up the record, does not authorize the clerk to charge against the
United States fees for such services. 612.
See OFFICE AND OFFICER, Nos. 1, 2, 3.
See PRISONERS, No. 2.
(COAST AND GEODETIC SURVEY.
1. A person regularly employed for work contemplated by the terms of
a special appropriation may be paid from said appropriation not.
withstanding he may be otherwise temporarily engaged for a
short period of time on other duty connected with the work of
the bureau under which he is employed. 15.
2. The Secretary of the Treasury is authorized in his discretion to de.
tail an employee of the office force of the Coast and Geodetic Sur-
vey for duty in connection with the field work of the Survey. 46.
3. In employee of the Coast and Geodetic Survey detailed for ternpo-
rary duty in the field is entitled to reimbursement for his actual
expenses while on such duty, payable from the appropriation for
the work upon which he is engaged, but not to an allowance as a
commutation of such expenses. 46.
4. When the Superintendent of the Coast and Geodetic Survey visits
parties in the field, the chief of the party furnishing him with sub-
sistence at his own expense may be reimbursed therefor by being
credited in his accounts with a per diem allowance, in the same
manner as such per diem commutation could be paid directly to
the Superintendent. 83.
5. An assistant in the Coast and Geodetic Survey appointed by the
President as a delegate to a convention held abroad is not, while
performing that duty, acting as a chief of party of the Survey,
and an advance of funds to pay his expenses is not authorized.
6. Under the authority of the Superintendent of the Coast and Geo-
detic Survey to employ and fix the pay and subsistence allowance
of temporary employees of the field force, he may pay a "hand”
employed at a monthly salary and retained on the roll during a
short sickness, bis full month's salary and commutation, although
he was not able to render service for the period covered by his
COAST AND GEODETIC SURVEY-Continued.
7. The hydrographic inspector of the Coast and Geodetic Survey is an
officer of the Navy detailed for that duty, and his expenses when
traveling on any business of the Survey are payable only from
the appropriations for field expenses of the Survey under the pro-
vision for “ traveling expenses of officers and men of the Navy on
8. The expenses of an assistant of the Coast and Geodetic Survey
while traveling on duty in connection with the field work are prop-
erly payable from the appropriation therefor, althongh he may,
as an incident to the trip, perform work for the ofice. 198.
9. The question whether sleeping-car accommodations for a short trip
are necessary is one for the decision of the officer having control
of the appropriation, and is not within the jurisdiction of the
accounting officers. 198.
10. As the appropriation for office expenses of the Coast and Geodetic
Survey contains an item for the purchase of new instruments,
that provision is exclusive, and the several appropriations for
expenses of field parties can not be used for that purpose. 202.
11. Paragraph 61 of the regulations of the Coast Survey, requiring
“previous special authority from the Superintendent” for the
payment of certain expenses, is a limitation upon the subordi.
nate officers of the Survey and not upon the Superintendent, who
may subsequently approve expenses not previously authorized
by him. 306.
12. There being provided for the Coast Survey an appropriation for
"miscellaneous expenses, contingencies of all kinds," it is avail.
able for the purchase of articles mentioned in the Treasury
Department contingent appropriations, notwithstanding the lat-
ter is made to include "all buildings under control of the Treasury
in Washington,”such provision for the Coast Survey being to that
extent a specific exception of that Bureau from the limitation
contained in the Treasury Department appropriation. 317.
13. The Coast Survey appropriation for furnishing points to State sur.
veys can not be used for establishing base lines for the work of
transcontinental triangulation, unless such lines are necessarily
incident to the furnishing of the points to the State surveys and
are established for that purpose. 494.
14. An officer of the Coast and Geodetic Survey engaged in field luty
in the city of Washington is not entitled to an allowance for sub-
sistence, such allowance being given by law only to officers of
the field force ordered to Washington for consultation with the
15. The expense of providing a vessel of the Coast and Geodetic Sur.
vey with furniture, crockery, etc., is properly payable from the
appropriation made for the expenses of the work in connection
with which the vessel is used, the appropriation for repairs and
maintenance of vessel being used only for repairs and the addi-
tion of articles in the nature of permanent fixtures. 637.
See CONTINGENT EXPENSES, No. 3; CONTRACTS, No. 3; REIMBURSE-
MENT, No.6; UNLIQUIDATED DAMAGES, No. 3.
Seo CONSULAR OFFICERS, No. 4.
COMMISSIONERS (CIRCUIT COURT).
1. A United States commissioner is not entitled, under section 817,
Revised Statutes, to a per diem fee of $5 for fixing the amount of
bail and passing on the sufficiency of the same when the prisoner
is surrendered by his bail, such acts alone not constituting a
“ hearing and deciding on criminal charges” within the meaning
of said section. 63.
2. A United States comunissioner is not entitled to fees for issuing
separate certificates of attendance to each witness, in addition to
the usual order to the marshal, such separate certificates being
3. A United States commissioner is entitled to fees for making a tran-
script of proceedings in a case where the defendant is discharged
as well as in a case where he is held, when the rule of court
requiring the transcript, and the practice thereunder, requires the
making of the transcript in both cases. 67.
4. A United States commissioner is entitled to the fees for drawing two
recognizances when the prisoner admitted to bail is charged with
two separate offenses in different cases. 67.
5. A United States commissioner is entitled to fees for but one recogni.
zance in a case where there are several defendants, with the same
sureties, who might have been joivell in one recognizance. 67.
6. A United States commissioner is not entitled to fees for filing war.
rants of arrest when such warrants are not executed, nor to fees
for entering returns on such warrants. 70.
7. A United States commissioner is not entitled to fees for making a
supplemental transcript of his proceedings in taking bail in a case
already disposed of. 70.
8. A commissioner is entitled to a fee for administering the oath
required, by the Attorney-General and the accounting officers, to
be taken by a deputy marshal in proving his quarterly account,
but can not be allowed for swearing a deputy to the corres iness
of the fees claimed by him in each case. 213.
9. A commissioner can be allowed only such fees in taking recogni-
zances as he would be entitled to receive if he followed the form
of recognizance prescribed by the State statute. 215.
10. A commissioner is entitled to fees for taking down the testimony of
defendant's witnesses when it is required by the practice under
the State statntes. 215.
11. For services rendered in poor convict cases under section 1042 a
commissioner is entitled to no fees from the United States except
the per diem of $5 allowed by section 847, Revised Statutes. 219.
12. In the absence of evidence that the discretion of a commissioner in
granting continuances has been abused, he is entitled to a per
diem fee for each day upon which he was engaged in hearing and
deciding on criminal charges, if his account therefor is approved
by the court. 222.