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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

or returning from said courts. (Approved June 16, 1880. See Rev. Stats. secs. 848, 852.)

§ 314. Allowances for each year made from the fees thereof.-The allowances for personal compensation of district attorneys, clerks, and marshals, for each calendar year, shall be made from the fees and emoluments of that year, and not otherwise. (Rev. Stats. sec. 843.)

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§ 315. Payment of surplus fees into the treasury. Every district attorney, clerk, and marshal shall, at the time of making his half-yearly return to the attorney-general, pay into the treasury, or deposit to the credit of the treasurer, as he be directed by the attorney-general, any surplus of the fees and emoluments of his office, which said return shows to exist over and above the compensation and allowance authorized by law to be retained by him. (Rev. Stats. sec. 844.)

Note. The department will see that no more is retained by the officer than the sum given him by law. (The Anna, Blatchf. Prize, 377.) The costs must be taxed according to law. (The Anna, Blatchf. Prize, 337.) This section is not a revenue law," within the meaning of section 699, sub-division 2. (United States v. Hill, 123 U. S. 681.)

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§ 316. Auditing of accounts of district attorney.—In every case where the return of a district attorney, clerk or marshal shows that a surplus may exist, the attorney general shall cause such returns to be carefully examined, and the accounts of disbursements te regularly audited by the proper officer of his department, and an account to be opened with such officer in proper

books to be provided for that purpose. (Rev. Stats. sec. 845.) § 317. Attorney in District of Columbia. That the emolument returns of the attorney of the United States for the District of Columbia shall be returned to the attorney-general, and the accounts of the said attorney shall be rendered, audited, and paid in the same manner as accounts of all other district attorneys are rendered, audited and paid. (Approved December 14, 1877; 20 U. S. Stats. 7; Sup. Rev. Stats. 303. See Rev. Stats. secs. 833, 834, 844, 846.)

§ 318. Accounts to be certified to by district judge. The accounts of district attorneys, clerks, marshals, and commissioners of circuit courts shall be examined and certified by the district judge of the district for which they are appointed, before they are presented to the accounting officers of the treasury department for settlement. They shall then be subject to revision upon their merits by said accounting officers, as in case of other public accounts; provided, that no accounts of fees or costs paid to any witness or juror, upon the order of any judge or commissioner, shall be so re-examined as to charge any marshal for an erroneous taxation of such fees or costs. That where the ministerial officers of the United States have or shall incur extraordinary expense in executing the laws thereof, the payment of which is not specifically provided for, the President of the United States is authorized to allow the payment thereof under the special taxation of the district or circuit court of the district in which the said services have

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