and getting his instructions in the premises. (Rev. Stats. sec. 830.)

Note. The marshal is entitled to an allowance for money expended for rent and for clerk hire (U. S. v. Cogswell, 3 Sum. 204), and for personal expenses in establishing his account with government (U. S. v. Cogswell, 3 Sum. 204), and for maintaining a person committed to his custody, pending trial of the writ of habeas corpus (Case of the Runaways, 4 Cranch C. C. 489), and he is entitled to interest on items properly chargeable against government from the time of their rejection (U. S. v. Smith, 1 Wood. & M. 184; U. S. v. Cogswell, 3 Sum. 204); but he is not entitled to any charge for superintending a State prison where United States prisoners are kept. (U. S. v. Smith, 1 Wood. & M. 184.)

§ 299. Attendance on rule days, and when circuit and district courts sit at

same time.—No per diem or other allowance shall be made to any district attorney, clerk of a circuit court, clerk of a district court, marshal or deputy marshal, for attendance at rule days of a circuit or district court; 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. (Rev. Stats. sec. 831.)

Note. No allowance for constructive travel and attendance. (U. S. v. Cogswell, 3 Sum. 204.) If the fees of either officer fall below the maximum he is entitled only to that amount, although the fees of the other exceed the maximum. (U. S. v. Bassett, 2 Story, 389.)

§ 300. Marshal of the Supreme Court of the United States.-The marshal of the Supreme Court of the United States shall be entitled to receive for the service of any warrant, attachment, summons, capias, or other writ, except

FED. PROC.-53.

execution, venire, or a summons or subpoena for a witness, one dollar for each person on whom such service may be made. His fees for all other services shall be the same as are herein allowed to other marshals; but he shall pay into the treasury of the United States all fees received by him, and render a true account thereof at the close of each term to the attorney-general. (Rev. Stats. sec. 832.)

§ 301. Semi-annual return of fees.— Every district attorney, clerk of a district court, clerk of a circuit court, and marshal, shall, on the first days of January and July in each year, or within thirty days thereafter, make to the attorney-general, in such form as he may prescribe, a written return for the half year ending on said days, respectively, of all the fees and emoluments of his office, of every name and character, and of all the necessary expenses of his office, including necessary clerk hire, together with the vouchers for the payment of the same for such last half year. He shall state separately in return the fees and emoluments received or payable under the Bankrupt Act; and every marshal shall state separately therein the fees and emoluments received or payable for services rendered by himself personally, those received or payable for services rendered by each of his deputies, naming him, and the proportion of such fees and emoluments which, by the terms of his service, each deputy is to receive. Said returns shall be verified by the oath of the officer making them. (Rev. Stats. sec. 833. See secs. 3085, 4644, 4647.)

Note.-Fees charged by the clerk of a district court in naturalization cases are not for services in his official

capacity for which he must account under this section. (U. S. v. Hill, 120 U. S. 169.) If the fees of either officer fall below the maximum, he is entitled only to that amount, although the fees of the other excced the maximum. (U. S. v. Bassett, 2 Story, 389.)

§ 302. What to be included in the semiannual returns.-The preceding section shall not apply to the fees and compensation allowed to district attorneys by sections eight hundred and twenty-five and eight hundred and twenty-seven. All other fees, charges, and emoluments to which a district attorney or a marshal may be entitled, by reason of the discharge of the duties of his office, as now or hereafter prescribed by law, or in any case in which the United States will be bound by the judgment rendered therein, whether prescribed by statute or allowed by a court, or any judge thereof, shall be included in the semi-annual return required of said officers by the preceding section. (Rev. Stats. sec. 834.)

Note. The term "officer of the revenue" means an officer of the revenue from customs. (Campbell v. James, 18 Blatchf. 196; S. C., 8 Fed. Rep. 515.) His claim for credit for taxable costs not taxed cannot be admitted on a trial unless presented and disallowed. (United States v. Ingersoll, Crabbe, 135.)

§ 303. Compensation of district attorney.-No district attorney shall be allowed by the attorney-general to retain of the fees and emoluments of his office which he is required to include in his semi-annual return, for his personal compensation, over and above the necessary expense of his office, including necessary clerk hire, to be audited and allowed by the proper accounting officers of the treasury department, a sum exceeding six thou

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 attorneysand 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