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 sum 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

their accounts at the treasury. (Rev. Stats. sec. 856.)

Note." Cases where the United States are liable to pay" refer to other than suits where the fees are collected from antagonists of the government. (U. S. v. Cigars, 37 Leg. Int. 237.) When officers collect fees in revenue cases, they may retain and account for them in their semi-annual returns. (U. S. v. Cigars, 37 Leg. Int. 237.) Fees in cases where United States are liable to pay the same shall be paid on settling accounts at the treasury. (In re U. S. v. Cigars, 2 Fed. Rep. 495.)

§ 334. Fees, how recovered.-The fees and compensations of the officers and persons hereinbefore mentioned, except those which are directed to be paid out of the treasury, shall be recovered in like manner as the fees of the officers of the States respectively for like services are recovered. (Rev. Stats. sec. 857.)

Fees, how collected. This section provides for officers retaining their fees. (In re U. S. v. Cigars, 2 Fed. Rep. 495.) The fees other than those which are to be paid out of the treasury are those which are taxed and collected in suits; and these are to be recovered as like fees are recovered by similar officers of the State. (In re U. S. v. Cigars, 2 Fed. Rep. 496.) If there were no other mode of payment provided by law, uuder this section the services of the marshal upon the arrest of a vessel might be deemed covered by the statutory expression "like serv. ices." But under the law and practice of New York, the sheriff's fees must be paid at the time by the person who receives the property, and this rule is applicable to the marshal's fees. A similar rule has long existed in the English admiralty practice. (The Georgiana, 31 Fed. Rep. 405.)

$335. Suit by a poor person, costs and counsel.-Any citizen of the United States, entitled to commence any suit or action in any court

of the United States, may commence and prosecute to conclusion any such suit or action without being required to prepay fees or costs, or give security therefor before or after bringing suit or action, upon filing in said court a statement under oath, in writing, that, because of his poverty, he is unable to pay the costs of said suit or action which he is about to commence, or to give security for the same, and that he believes he is entitled to the redress he seeks by such suit or action, and setting forth briefly the nature of his alleged cause of

action.

$336.

Affidavit when demand for fees, etc., is made.-After any such suit or action shall have been brought, or that is now pending, the plaintiff may answer and avoid a demand for fees or security for costs by filing a like affidavit, and willful false swearing in any affidavit provided for in this or the previous section shall be punishable as perjury is in other cases.

$337. Process, etc., to issue.-The officers of court shall issue, serve all process, and perform all duties in such cases, and witnesses shall attend as in other cases, and the plaintiff shall have the same remedies as are provided by law in other cases.

§ 338. Assignment of counsel-Costs on judgment. The court may request any attorney of the court to represent such poor person, if it deems the cause worthy of a trial, and may dismiss any such cause so brought under this act if it be made to appear that the allegation of poverty is untrue, or if said court be satisfied that the alleged

FED. PROC.-55.