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writs, &c.

Fees' fop Sec. 3. And be it further enacted, That ferving from and after the passing this act, the fees

and compensations to the several officers and other persons hereafter mentioned, shall be as follows : that is to say, to the marshals of the feveral districts of the United States, for the service of any writ, warrant, attachment or process in cancery, on each person named in the fame, two-dollars : for his travel out in serving each writ, warrant, attachment or process aforesaid, five cents per mile, to be computed from the place of service to the court where the writ or process shall be returned ; and if more persons than one are named there.

in, the travel mall be computed from the court | to the place of service which is most remote,

adding thereto the extra travel necessary to ! : serve it on the other: Provided, That the fee

for travel where there is one person named in such writ, warrant, attachment or process, fhall ih no cale exceed seven dollars, and when there are more than one, the fee for extra tra

vel shall not exceed one dollar above feven för bail dollars for each person. For cách bail bond, bonds; for fifty cents: for selling goods and vessels conTelling ves: fels and demned, and receiving and paying the money, goods;

three per cent: fer every commitment or discommito ment or charge of a prisoner, fifty cents : for summonof a prijen

ing witnesies, where he does it, each thirty er : fum- cents : for fummoning a grand or petit jury, moning ju: each three dollars : Provided, That in thote rics.

states where jurors by the laws of the state are Provifo in drawn by constables or other officers of corfavor of porate towns or places by lot, the marshals Atate conftables ;

shall receive for the use of fuch constables or officers the fees allowed for summoning juries: For attending the supreme, circuit or district courts, five dollars per day, and at the rate of

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ten cents per mile for his expenses and time for attend. in travelling from the place of his abode to ing courts ; either of the said courts : For levying an ex- levying ex. ecution, and for all other services not herein ecution, enumerated, such fees or compensation as are allowed in the supreme court of the state where the services shall be rendered : To the fees of clerk of the supreme court of the United clerkse States, ten dollars per day for his attendance in court, and for his other services in discharging the duties of his office, double the fees of the clerk of the supreme court of that state in which the supreme court of the United States shall be holden. To the clerk of the district and circuit courts, such fees in each state refpectively as are allowed in the supreme courts of the same; and five dollars per day for his attendance on any circuit or district court, and at the rate of ten cents per mile for his expenses and time in travelling from the place of his abode to either of the said courts. And in case any clerk of a court of the United States, shall in dischaging the duties of his office perform any kind of service which is not performed by the clerks of the courts of the state, and for which the laws of the state make no allowance, the court in which such fervice shall be rendered may allow a reasonable compensation therefor. To each grand and petit

Jurors. juror fifty cents per day for attending in court, and for travelling at the rate of five cents per every mile from their respective places of abode to the place where the court is held, and the like allowance for returning : To w: witnesses fummoned in any of the courts of the United States the same compensations in each state respectively as are allowed in the fupreme courts of the fame : To the attorney

VOL. II. 1 Q.

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Attorniès. of the United States for the district, such fee3

in each state respectively as are allowed in the supreme courts of the same, and also the like compensation for travelling as is above allow.

ed to the clerk of the district and circuit courts.

to Sec. 4. And be it further enacted, That the have the marshal shall have the custody of all vessels curody of

cize and goods seized by any officer of the revenue; ed, and be and shall be allowed such compensation there

ben- for as the court may judge reasonable : And fes of fuel, there shall be paid to the marshal the amount eive and of the expense for fuel, candles, and other pay the lecs reasonable contingencies that may accrue in

holding the courts within his district, and proC.

viding the books necessary to record the pro-
ceedings thereof: and such amount, as also
the compensations aforesaid to the grand and
petit jurors : To the witnesses fammoned on
the part of the United States, to the clerk of
the supreme court for his attendance; to the
clerks of the district and circuit courts for
their travelling and attendance ; to the attor.
ney of the district for travelling to court; to
to the marshal for his attendance at court ; for
fummoning grand and petit jurors and wit-
nesses in behalf of any prisoner to be tried for
a capital offence; for the maintenance of pri-
foners confined in gaol for any criminal of-
fence, and for the commitment or discharge
of such prisoner; and also the legal fees of
the clerk, attorney and marshal, in criminal
prosecutions, shall be included in the account
of the marshal; and the same having been
examined and certified by the court or one of
the judges of it in which the service shall have
been rendered, shall be passed in the usual
manner at and the amount thereof paid out:
of the treasury of the United States, to the

marshal, and by him shall be paid over to the persons entitled to the same, and the marshal thall be allowed two and an half per cent on his allontthe amount by him so paid over, to be charged on in his future account.

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Sec. 5. And be it further enacted, That in Rules for every prosecution for any fine or forfeiture ?

lure costs incurincurred under any statutes of the United red by proStates, if judgment is rendered against the de- for sine,

1. fecutions fendant, he shall be subject to the payment of &c. costs: and on every conviction for any other offence not capital, the court may in their discretion award that the defendant shall pay the costs of prosecution : and if any informer or plaintiff on a penal statute, to whose benefit the penalty or any part thereof if recovered, is directed by law to accrue, shall discontinue his suit or prosecution, or shall be nonsuit in the same, or if upon trial a verdíet shall pass for the defendant, the court shall award to the defendant his costs, unless such informer or plaintiff be an officer of the United States fpecially authorized to commence such profecution, and the court before whom the action or information shall be tried, shall at the trial in open court, certify upon record, that there was reasonable cause for commencing the same, in which case no costs shall be adjudged to the defendant. '

Sec. 6. And be it further enacted, That the Fees herein fees and compensations to the several officers and persons herein before mentioned, other than those which are above directed to be paid out of the treasury of the United States, shall be recovered in like manner as the fees of the officers of the states respectively for like fervices are recovered....

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Penalty on Sec. 7. And be it further enacted, That if any
demanding
unlawful officer herein before mentioned, or his depu.
Acco... ty, shall by reason or colour of his office, wil.

fully and corruptly demand and receive any
greater fees than those allowed by this act, he
fhall on conviction thereof in any court of the
United States, forfeit and pay'a fine not ex. :
ceeding five hundred dollars, or be imprison-
ed not exceeding six months, at the discretion :
of the court before whom the conviction

shall be. . Certain . Sec. 8. And be it further enacted, That the acts repeal.

act passed at the last session of Congress, intied,

tled, “ An act to continue in force for a limi. ted time, an act passed at the first session of Congress, intitled, “ An act to regulate processes in the courts of the United States;” and also another act passed at the last session of Congress, intitled, “ An act providing com. pensations for the officers of the judicial courts of the United States, and for jurors and witnesses, and for other purposes," be, and the

fame are hereby repealed. Clerk of "Sec. 9. And be it further enačled, That it fupreme, to a

• shall be the duty of the clerk of the Supreme c!erks of Court of the United States, forthwith to transcircuit

he mit to the clerks of the several circuit courts, form of a the form of a writ of error, to be approved by writ of error,

any two of the Judges of the Supreme Court, and it shall be lawful for the clerks of the said circuit courts to issue writs of error agreeably to such forms, as nearly as the case may ad. mit, under the seal of the said circuit courts, returnable to the Supreme Court, in the same manner as the clerk of the Supreme Court may issue such writs, in pursuance of the act, intitled, “ An act to establish the judicial courts of the United States."

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