■:. \\ ^ UC-NRLF B M 17b m3 INSTRUCTIONS TO UNITED STATES MARSHALS, ATTORNEYS, CLERKS, AND COMMISSIONERS JUNE I, 1916 ' i ^ INSTRUCTIONS TO UNITED STATES MARSHALS, ATTORNEYS, CLERKS, AND COMMISSIONERS [NOT APPLICABLE TO OFFICIALS IN ALASKA, PORTO RICO, THE CANAL ZONE, OR THE PHILIPPINE ISLANDS] JUNE 1, 1916 Sec. 362, R. S. The Attorney General shall exercise general superintendence and direction over the attorneys and marshals of all the districts In the United States and the Territories as to the manner of discharging their respective duties, and the several district attorneys and marshals are required to report to the Attorney General an account of their official pro- ceedings and of the state and condition of their respective offices in such time and manner as the Attorney General may direct. Sec. 308, R. S. The Attorney General shall exercise general supervisory powers over the accounts of district attorneys, marshals, clerks, and other officers of the courts of the United States. WASHINGTON GOVERNMENT PRINTING OFFICE 1916 To United States marshals, attorn'ys, clerics, and commissicners (oilier than in the Districts of Alaska, Porto Rico, The Canal Zone, and the Philippine Islands): In the execution of your official duties the instructions herein given will be your guide. They supersede former instructions; become effective June 1, 1916, and remain effective until reissued, excepting in so far as they may be modified from time to time by later legisla- tion, decisions of the courts, or the Comptroller of tlie Treasury, and departmental circulars. Respectfully, Thomas W. Gkegory, Attorney General 3 338601 CONTENTS. PART ONE. (GENERAL INSTRUCTIONS. Page. Persoual attentiun to otticial duties i3 Rules for official correspondence l-'i Telegrams and long-distance telephone messages 14 General instructions 14 Vouchers 14 Oaths to expeuse accounts against the United States "' 15 Stationery and miscellaneous supplies 15 General instnictions 15 Blank forms and dockets 16 Ink, mucilage, and paste 16 Records of Government property 16 Sales of Government property not in litigation 16 Leave of absence from duty 17 Judges' stenographers and messengers 17 Expenses of taking jury to view lands 18 Extradition of fugitives from the United States in foreign jiirisdiction 18 Essentials preliminary to institution of proceedings 18 Where extradition treaties may be found 19 Provisional detention - 19 Arrest and provisional detention effected 19 Necessity of expedition in submission of papers 20 The application for surrender ^ - 20 The selection of the agent of the United States 21 Papers to accompany the application for extradition 21 Indictment 21 Warrant of arrest 21 The evidence supporting the charges in the indictment 21 The official identity of the clerk established 22 Affidavits before State officers -■ 22 Cases in which indictment may not have been tiled 22 Proceedings begun after conviction 23 Obligations imposed upon the United States by treaty 24 Expenses of service of process by agent of the United States 25 PART TWO. INSTRUCTIONS TO UNITED STATES MARSHALS. Chapter I. APPOINTMENT, QUALIFICATION, POWERS, DUTIES, AND COMPENSATION OF MARvSHALS AND THEIR DEPUTIES. Marshals: Appointment and induction into office 27 Official bonds and oath of office 28-29 v6 6 CONTENTS. Marshals — Continued. I'age. Reappointment 29 Term of office— vacancies 30 Powers and duties 31 Official residence 31 Retiring marshal 32 Compensation 32 Salaried deputies: Authorization and appointment 33 Oath of office 34 Termination of services and other changes 34 Duties 35 Compensation 35 Fee deputies: Appointment 35 Oath of office 36 Term of office 36 Comi)ensation 36 Chapter fl. JUDICIARY AND OTHER FUNDS. Judiciary ai)piopriation funds advanced on requisition 37 Deposits: General instructions 38 When made into nonchecking account 39 Wlien made into checking account 39 Method of making 39 Reporting and recording 40 Disbursements: General instructions — checks, etc 41 Outstanding and returned checks 43 In cash 44 Advances by marshals .< 45 Weekly reports of receipts and disbursements. . .- 45 Income-tax deductions 46 .Moneys other than judiciary ai)pn)))riati()ii and iiudnic-tax tuiuis 48 Chaptkk III. SKKVICE OK I'KOCESS. General instructions 49 Docketing, delivering, and rejjorting service of writs 49 Procedure in serving 50 Summoning jurors 51 Reports invohing property interests of the Government, and collectiot\s of revenues and debts due the United States 52 Resistance or ilcliiuicc of Federal autliorily- Special deputies -Possemen 53 CUArTKH I\'. HOOKS AND RECORDS. General instructions 54 United States Funds Rook 54 (■ash book 60 CONTENTS. / Page. Dockets 61 Ledger ■ - ■ ^6 Register of United States Prisoners Following. . 75 Files and Memorandum Records 76 Chapter V. ACCOUNTS, EARNINGS, SALARIES, EXPENSES, AND FEES PAYABLE, AND APPROPRIA- TIONS CHARGEABLE. rage. General instructions '^'^ Defining actual payments, etc 77 Rendition and approval 77 Fiscal year and appropriation 78 Preparation of — general instructions 78 Accounts current ^^ General abstracts ^^ Explanations, suspensions, disallowances, and requests for decisions from the comptroller °-'- Payment to intestate decedents 81 Fees and costs in extradition cases. (Fugitives from foreign jurisdiction) 81 Earnings from individuals and corporations 82 Payment of judicial and other salaries 84 General instructions 84 Vouchers and abstracts 84 Computing and withholding salaries 85 Office expenses 86 Extraordinary expenses 87 The appropriation " Salaries, Fees and Expenses of Marshals" 87 General instructions 87 Abstract of vouchers 88 Fees and expenses of marshals and deputies 88 Voucliers; general instructions as to preparation 89 Vouchers; general instructions as to charges, special features, and payments 90 Abstract of voucher ^^ Affidavit. Receipts ^^ Guards ^2 Feeding prisoners in marshal 's custody 93 Keeping personal property— compensation and expenses 93 Expenses of travel and subsistence of marshals and salaried deputies- General instructions 94 Subsistence items. 94 Travel items ^ 95 Transporting convicts 96 Fees and expenses of fee deputies — General instructions as to compensation 96 Maximum compensation and its computation 97 Mileage — General instructions 97 Transporting defendants for hearing 98 Chinese cases 98 Miscellaneous regulations go\ erning 98 Actual expenses in lieu of mileage 99 Expenses endeavoring to arrest 100 8 CONTENTS. Fees and expenses of marshals and deputies — Continued. Fees and expenses of fee deputies— Continued. Service fees — Page. General and miscellaueou.s 100 Serving warrants and other like writs 100 Attendance before commissioners 101 Servin.^ subp jjnas, venires, etc 102 Co.nmitting and discharging prisoners 102 Fees and expenses in admiralty cases 103 Fee bill 103 Fees of jurors: General instructions 104 Per diems. 105 Mileage 105 Vouchers, abstracts, and analyses 105 Fees of witnesses: General instructions 106 Per diems and mileage 106 Actual expenses of witnesses 107 Special provisions as to seamen et al 108 Witnesses before commissioners 109 Detained witnesses 109 Vouchers, abstracts, and analyses 109 Miscellaneous matters 110 Advances to witnesses Ill Prisoners: Transportation, guarding, and delivery of prii-onert^ to successor in office. . . 112 Reports of the commitniPTit and release of prisoners 112 Support of prisoners 113 Chinese prisoners 114 Vouchers, abstracts, and analyses 115 Pay of bailiffs, criers, jury commissioners, anfl expenses of judges: General instructions 116 Bailiffs and criers i 116 Expenses of judges 117 Meals and lodging for jurors 117 Jury commissioners 118 The appropriation, "Miscellaneous expenses. United States Courts": General instructions 118 Vouchers, ab.stracts, and analyses 118 Advertising and publication of notices 119 The appropriation, "Salaries and expenses of District Attorneys, United States Courts " ' 119 Chaptkr VI. . MISCELLANEOUH MATTERS. Claims 121 Assignment of claims 122 Services and sui)plies for court rooms and offices in Federal buildings 122 Transfer of Government j)roperty from rented to Federal buildings 122 Leased or rented buildings: Renting or leasing 123 Supervision of 123 Repairs or alterations of 124 Services and equipment ". 124 Hills for rent 124 CONTENTS. 9 PART THREE. INSTRUCTIONS TO UNITED STATES DISTRICT ATTORNEYS. Chapter I. ADMINISTRATIVE AM) FISCAL MATTERS. District Attorneys: I'^fJ*^- Appointment and induction into office 125 Official residence ^ -^ Term of office — vacancies 12) Compensation 126 Regular Assistants to District Attorneys: Appointment and oath 127 Official residence 128 Term of office 128 Special Assistants to District Attorneys and to the Attorney General 128 Clerks to United States District Attorneys: Employment and oath • 129 Term of service — vacancies 129 Messengers to District Attorneys 130 Approval of accounts 130 Traveling expenses of District Attorneys, their assistants and clerks 130 Office expenses 132 Special expenses of conducting particular cases: General instructions 132 Stenographers to report proceedings 133 Interpreters 133 Experts and other special employees 134 Printing Records and Briefs 135 Expense of abstracts of title (see also page 143) 135 Office Files and Records 135 Dockets 136 Docket Reports 137 Administrative Foresight and Economy 138 Witnesses— advances to (see page 111). Chapter II. LEGAL MATTERS. Duties 139 Attention to Private Business 141 Dismissing Criminal Cases 142 Pleas of Nolo Contendere 142 Suspended Sentences 142 Indictment 142 Taxation of Costs 143 Imposition of Sentence and Hearing of Naturalization Cases 143 Abstracts of Title (see also page 135) 143 Bail in Criminal Cases 143 Approval of Pleadings 143 Antitrust Cases 143 Chinese Exclusion Cases 144 10 CONTENTS. Page Institution and Defense of Civil Suits and Reports relating thereto 144 Suits against the United States 145 Appeals and Writs of Error 145 Appliratiotis for Exocutivo riemency 150 PART FOUR. INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. Appointment and qualification: Appointment 151 Oath 151 Bonds 152 Examination and renewal of bonds 152 Deputy clerks and office assistants ." 152 Reporting civil suits and protecting property interests of the United States. . . 153 Comjiensation 154 Accounts: General instructions 154 Affidavit and approval 156 Explanations, suspensions, disallowances, and requests for decisions from the comptrolle r 157 Emolument returns 157 Emolument returns of clerks of Circuit Courts of Appeals 158 O.fice expenses 158 Expense accounts of deputy clerks 160 Bankruptcy: General instructions ' 160 Notices to parties not to appear ICO Notice of final discharge 161 Commissions lt>l Filing fee 161 Partnership proceeding 161 Pauper cases - -fees subsequently collected 4 161 Poor suitors 161 Fees: Fee bill 162 Decisions relating to fees Ifi3 Printing briefs, records, court calendars, etc 169 Recording and reporting appointments, etc., of commissioners 170 Miscellaneous matters 170 Seamen's wage cases 171 Record books (other than those supplied by the department) 172 Record books funiished upon requisition 172 Cashbook 173 Civil, Criminal , and Bankruptcy Dockets 174 Official Funds: Public Moneys of the United States 180 Moneys paid into court 181 Wages, etc., of deceased and deserting seamen 182 Other Monevs 183 CONTENTS. 11 Keports of Official Moneys: ^'^^^^ To the Court 184 To the Attorney General 184 To the Treasurer of the United States 185 Retiring Clerk 186 Issuance of Applications for Passports 186 PART FIVE. INSTRUCTIONS TO UNITED STATES COMMISSIONERS. Appointment, oath and seal 190 Accounts: Preparation of 1^1 ' Supplemental 192 Affidavit to 193 Approval by the court 193 Fees: Fee bill 194 Complaints 195 Warrants 196 Bonds and commitments 197 Witnesses 198 Hearings 200 Continuances 201 Discharge of poor convicts 2C 1 Transcripts 2C3 Miscellaneous matters 203 Extradition cases 206 Chinese exclusion cases 207 Dockets and papers 2C8 Explanations 208 Appeals to, and Requests for Decisions from, The Comptroller 209 PART ONE. GENERAL INSTRUCTIONS. Note. Applicable more or less generally to various officials aud employees. Page. Personal attention to official duties 13 Rules for oflicial correspondence 13 Telegrams and long-distance telephone messages 14 Oaths to expense accounts agair.st the United States 15 Stationery and miscellaneous supplies - 15 Records of Government property 16 Sales of Government property not in litigation 16 Leave of a" sence from duty 17 Judges ' stenographers and messengers 17 Taking jury to view lands — Expenses of 18 Extradition of fugitives from the United States in foreign jurisdiction 18 PERSONAL ATTENTION TO BE GIVEN TO OFFICIAL DUTIES. 1. That every clerk of the district court of the United States, United States marshal, or United States district attorney shall reside permanently in the district where his official duties are to be per- formed, and shall give his personal attention thereto; and in case any sucli officer shall remove from his district, or shall fail to give pei-sonal attention to the duties of his office excepting in case of sick- ness, such office shall be deemed vacant: Provided, That in the Southern District of New York said officers may reside within 20 miles of their (Ustricts. (See Act of June 20, 1874, 18 Stat. L.. 109.) RULES FOR OFFICIAL CORRESPONDENCE WITH THE DEPARTMENT. 2. Address the head of a department or bureau (in letters and telegrams) by title, not by name, thus: "The Attorney General." Do not use the word "acting" in addressing any official. 3. Confine each communication to one subject or case; and whenever a case is the subject of a comjuunication, state both the title in full and the nature. 4. In replying to a communication from the Department of Justice, mention its date, and quote the initials and file number, in the upper left-hand corner of the first page. 13 14 GENERAL INSTRUCTIONS. TELEGRAMS AND LONG-DISTANCE TELEPHONE MESSAGES. GENERAL INSTRUCTIONS. 5. Jjtlgment and discretion must be observed in the use of the w.'re, both in the matter of determining whether any real necessity- exists for its use on a given occasion and in the matter of making messages as brief as possible. Charges for manifestly unnecessary or uselessly extended messages are subject to disapproval and ultimate disallowance. 6. The cost of messages sent on official business only is charge- able against the Government. Each telegram should be marked "Official business," a copy retained for vouchering, and payment therefor made in accordance with Government rates, as fixed annually by the Postmaster General. Schedules showing such rates should be procured by application, to the Chief Clerk, Postoffice Department, Washington, D. C. 7. In counting the words of a telegram, exclude the date and place from which sent, and count the entire name of a city, town, village, State or Territory as one word. 8. The cost of telegrams and long-distance telephone messages is payable as follows : (a) When sent by a judge, on purely judicial business; by the marshal, from. "Mis- cellaneous Expenses, U. S. Courts." (6) When sent by a district attorney, or any of his regular assistants, on official busi- ness; by the marshal, from ' ' Salaries and Expenses of District Attorneys, U. S. Courts." (Office expens38.) (c) When S3nt by the marshal, or any of his deputies, on official buoiness; by tho marshal, from "Salaries, Fees, and Expenses of Marshals, U. S. Courts." (Office expensss.) (d) When ssnt by the clerk of the court, on business of the Gierke's office; by the clerk, from his emoluments; if on court business as in Paragraph 8-(a). (e) When sent by United States commissioners; by the commissioner, from private resDurces. (/) When pertaining to leave of absence from (Uity; by the ssnder, from private resources. (See 6th Comp., 422.) (g) When sent under ordinary circumstances, to reserve rooms or other accommoda- tions; by the sender, from private resources. (See 21 Comp., 292.) (h) When sent by the Department of Justice; from contingent or special funds not disbursed by marshals. VOUCHERS. 9. Payments by marshals covering telegrams and long-distance tel- ephone messages should be vouchcred in duplicate on Forms 177 and 178, respectively. All companies should be requested to render bills promptly at tlio close of each month. ^Vll information contemplated by the forms should be shown thereon. The first certificate should be signed by the local representative of the company claiming payment, and the second by the administrative officer having knowledge of the facts and the necessity for the messages. GENERAL INSTRUCTIONS. 15 10. Copies of telegrams must accompany the vouchers. In excep- tional cases, wliere it would be prejudicial to the public interests to have a message exposed, the filing of a copy may be waived, provided information is furnished which will enable the Attorney General to certify to its confidential nature. (See 4th Comp., 233.) 11. If a telegram is sent over more than one line, the names of the lines and the cost over each must be shown on the voucher. If charge is made for telephone service in connection with a telegram, this fact must be stated on the voucher and the additional cost specified. 12. The company which can reach directly over its own lines the point to which a telegram is to be sent must be used in every instance in preference to any other company. OATHS TO EXPENSE ACCOUNTS AGAINST THE UNITED STATES. 13. The following officials and clerks are authorized and required under section 8 of the act of August 24, 1912, to administer oaths to expense accounts against the United States without charge — (a) Postmasters and assistant postmasters. (6) Collectors of customs and of internal revenue. (c) Chief clerks of departments and bureaus, or clerks designated by them. (d) Superintendents, acting superintendents, custodians and prin- cipal clerks of Government reservations, and Indian superintend- encies or agencies. (e) Chiefs of field parties. STATIONERY AND MISCELLANEOUS SUPPLIES. GENERAL INSTRUCTIONS. 14. Stationery and miscellaneous supphes will be furnished directly from the Department of Justice for judges, attorneys, marshals, and for use in court rooms. Only those supplies necessary to the expe- ditious transaction of public business should be requisitioned. No freight charges should be paid on supplies shipped from the depart- ment. 15. Use Form 17A in making requisitions for such supplies. The instructions printed upon the form must be carefully observed. Give all needed data. Samples of articles which may not be easily described should be attached to the requisition. 16. Separate requests should be made by each official. They should cover the estimated needs for a period of six months. Sixty days should be allowed for the delivery of printed envelopes, 45 days for letterheads, and 30 days for aQ other articles. 17. The law requires aU blanks and letterheads for judges and other court officials (unless the expense is payable from emoluments), 16 C; FN ERA I, INSTHUCTIONS. to be printed at the Governiueut Printing Office upon forms pre- scribed by the Department of Justice. (See 28 Stat. L., 624.) The names of officials, excepting judges, will be omitted from letterheads, envelopes, and blanks. BLANK FORMS AND DOCKETS. 18. The forms in use l)y court officials and the dockets ftiriiisluul })y the (h^partme.nt are listed in a separate pul)licatioi\. INK, MUCILAGE, AND PASTE. 19. Such supplies can only be shipped (Uu'ing warm weather. Annually about May 15 each marshal will make requisition on Form 17A for the mucilage, paste, and various inks which will be needed by the judges, attorney's ofhce, marshal's ofTice, an(l 19.., at , in this judicial district. GENERAL INSTRUCTIONS. 21 6. I suggest as the person to be named in the President's warrant as the agent of the United States to receive and convey the fugitive to the place of trial in this district. This request for the surrender of the fugitive is made solely for the purpose ex- pressed in this application, and not to enforce the collection of a debt or to avoid the penalty of a bail bond, or for any private purpose, and, if the application is granted, the criminal proceedings shall not be used for any of said purposes. Respectfully, United States Attorney. THE SELECTION OF THE AGENT OF THE UNITED STATES. 51. In the selection of the agent to receive the fugitive from the hands of the foreign authority and convey him to this country for trial, United States attorneys should recommend some person able to identify the accused, in the event identity is not disclosed or is denied at the hearing abroad. PAPERS TO ACCOMPANY THE APPLICATION FOR EXTRADITION. 52. As stated, two sets of the following papers, one set to bo retained in the office of the Secretary of State and the other to go abroad, should accompany the application for extradition: (a) The indictment. (b) The warrant of arrest, witli tl\e marsiial's rt^turn indorsed thereon. (c) The evidence upon which the charges made in the indictment are based. 53. All such papers should have formal, legal captions. THE INDICTMENT. 54. The indictment should be a true copy of that paper as filed in the office of the clerk of the United States district court. He should attach to such copy a certificate to the effect that it is a true copy of the indictment filed in the case of the U. S. i?. , No. , pending in the United States district court for the dis- trict of To this certificate the clerk should sign his name and official title, and affix the seal of the court. THE WARRANT OF ARREST. 55. The warrant of arrest, being also a part of the records of the court and having been returned into court with the marshal's indorse- ment of nonservice, in the case of a fugitive, a copy of such warrant and of the marshal's return should be prepared by the clerk and cer- tified to in like manner as is suggested as to the copy of the indictment. THE EVIDENCE SUPPORTING THE CHARGES IN THE INDICTMENT. 56. If the evidence was reduced to writing at the time it was given to the grand jury, it should be properly authenticated under the seal of the court and transmitted with the other papers to the Attorney Gen-. 22 (iKNKKAI. INSTHUCTIONS. al of the governor of such State or the secretary of state. CASES IN WHICH INDICTMENT MAY NOT HAVE BEEN FILED 61. The (ilijig of an indictmiuit is not a prerequisite to tfie ijistitution of extradition jn-ociunlings. They may be begun before the defendant has been indicted. 62. In such a case a copy, i.u duphcate, duly authiMiticated, of the following papers should accompany the application for extra- dition (similar in form to that indicated) sigjied by the United States attorney : (a) Com])laijit i)roi)erly signed and swoni to, ma(U^ hv aji odicer or person having knowledge of the facts and (executed before a duly authorized officer, preferably a United States judge or a Ihiited States commissioner, or a clerk or (U>i)uty clerk of a Unitinl States court. (6) Warrant of arrest, with tlu^ marshal's return indorsed thereon. (c) Orighial affidavits reciting facta to support the charges made in the complaint. The suggestions hereinbefore made as to affidavits for use in cas(>s where the fugitive has been indicted ap])ly to cases where he is merely charged with having conmiitted an (.(Vciisc an ' whci-c aji indict in(M\l has jiot yet been rctui-ncd. GENERAL INSTRUCTIONS. 23 EXTRADITION PROCEEDINGS BEGUN AFTER CONVICTION. 63. Where the defendant, after trial and conviction in this country, has fled to a foreign jurisdiction, the papers necessary to secure his return should consist of a copy of so much of the record of the court as will show : (a) That conviction was obtained after a regular trial. (b) The date of such conviction. (c) The offense of which the fugitive was convicted. (d) The specific law violated. (e) The sentence, if imposed, and the date of such imposition. 64. If at the time of his flight the convict was at large on bail, the copy of the court proceedings should show the proceedings involving the forfeiture of his bond and the issuance, if any, of the process of court to effect his arrest. 65. The record of the court should be prepared in duplicate with proper formal captions and should be authenticated officially by the clerk of the court under its seal; the latter's official identity being established by the certificate of the United States judge under the seal of the court. 66. In making application for the extradition of the convict the United States attorney should use a form similar to the following : Office of the United States Attorney, The Attorney General. Sir: I have the honor to advise you that was convictel , 19.., in the United States district court for this judicial district of having committed the offense of in violation of He has sought an asylum in , and I have the honor to ask that demand be made upon the Government of that country for his return, to be brought back to this district for sentence. The name of the convict is (include any assume 1 name); his physical d escription is as follows : an 1 he may be found at In support of this application I send herewith a copy in duplicate, duly authenti- cate 1, of so much of the record of the court as shows that the conviction was obtained after a regular trial, the date of the conviction, and the offense of which the fugitive was convicted. I suggest as the person to be named in the President's warrant as the agent of the United States to receive and convey the fugitive to the place of trial in this district. This request for the surren ler of the fugitive is made solely for the purpose expressed in the application and not to enforce the collection of a debt or to avoid the penalty of a bail boni, or for any private purpose, and, if the application is granted, the criminal procee ings shall not be used for any of said purposes. Respectfully, United States Attorney. 24 GENERAL INSTEUCTIONS. OBLIGATIONS IMPOSED UPON THE UNITED STATES BY TREATY WITH RESPECT TO FUGITIVES FROM FOREIGN COUNTRIES WHO HAVE SOUGHT AN ASYLUM IN THIS COUNTRY. 67. Treaties existing between the Unit?d States and some foreign countries require that the legal officers of the United States shall assist the officers of the demanding Government before the respective judges and magistrates in securing the arrest and extradition of fugitives who have fled to the United States. 68. Wlienever, therefore, a United States attorney is advised by the Attorne.}' General that information has been received, through diplomatic channel, of the commission of an offense against the laws of a foreign country with wdiich an extradition treaty exists, and is instructed to take the steps necessary to effect the arrest and deten- tion of the fugitive pending the receipt of formal papers upon which demand for extradition will be based, he should make out a com- plaint before a United States judge, or United States commissioner, and ask for the issuance of the proper warrant of arrest, in order that the fugitive may be brought before a magistrate qualified to act in extradition matters for hearing and action under the procedure laid down in section 5270, R. S. U. S., or laws amendatory thereto. 69. In such cases the department has found the following form to be adaptable, but United States attornej-s should not confine themselves alone to that form and its language if, in their judgment, they can be strengthened: III the District of In the matter of the extradition of , a fugitive from the justice- ot The honorable The Judge of the . Your complainant, the attorney of the United States for the : di8trict of , under oath, deposes ai d says: That, in the above matter, he acts for and in behalf of the Government of ; That he is informed, through diplomatic channel, that the said is duly and legally charged with having committed the crime of in the said ; That the said has fled outside the boundaries of the said ; that warrant for the arrest of the said can not be served in said ; and that the said has sought an asylum witliin the jurisdiction of the United States and may be found in the State of and the city of at ; That the said crime of , which the said is chained to have committed in said foreign country is among the offenses enumerated in tlie treaty existing betweeii ihe United States and tlie said , proclaimed That said crime of is more particularly refern>(l to in article , sec of said treaty as follows: That, through the di])lomatic channel, your com])laLnant 's informed and believes tliat requisition for the heroin-named fugitive , is about to be made, accompanied by the formal papers upon which demand for extradition is founded ; GENERAL INSTRUCTIONS. 25 Wliereupon, your petitioner, acting under the authority and iu the behalf stated, prays the consideration of this petition and that a warrant may issue for the arrest of the said charged as aforesaid, that he may be brought before a commis- sioner or magistrate qualified to act in extradition matters, to the end that evidence of criminality may be heard, aiid, if on such hearirg, he deems the evidence sufficient to sustain the charge under the provisions of said treaty, said magistrate or commis- sioner shall certify the same to the Secretary of State, at Washington, D. C, in order that warrant may issue upon the requisition of the proper authority of said foreign government for the surrender of the said according to the stipulations of said treaty, and for such other action as the said commissioner or magistrate is required under the provisions of said treaty and the laws of the United States to take. Dated at District] of r Before me, for the district of personally appeared tire complainant, , the attorney of the United States for the district of oii the , 19 . . , who, being duly sworn, says that the foregoing information is true as he verily believes. EXPENSES OF SERVICE OF PROCESS BY AGENT OF THE UNITED STATES IN BRINGING CRIMINALS BACK TO THE UNITED STATES. 70. The actual and necessary expenses incurred and paid by the agent in the execution of the President's warrant in cftses of fugitives from the justice of the United States should be stated in an itemized account, supported by proper vouchers, and sworn to. The account should be forwarded to the Attorney General for transmission to the Secretary of State for audit and payment. The amount claimed by the agent as personal compensation should also be stated in the account. PART TWO. INSTRUCTIONS TO UNITED STATES MARSHALS. CHAPTER I. APPOINTMENT, QUALIFICATION, POWERS, DUTIES, AND COMPENSATION OF MARSHALS AND THEIR DEPUTIES. Marshals: J'age. ApiJointment and induction into office 27 Official bonds and oath of office 28-29 Reappointment 29 Term of office — vacancies -^O Power? and duties 31 Official residence 31 Retiring marshal 32 Compensation 32 Salaried deputies: Authorization and appointment 33 Oath of office 34 Termination of services and other changes 34 Duties 34 Compensation 35 Fee deputies: Appointment 35 Oath of office 36 Term of office 36 Compensation - 36 MARSHALS. APPOINTMENT AND INDUCTION INTO OFFICE. 7 1 . Commissions appointing United States marshals are transmitted to the United States district judge for dehvery to the appointee. The appointee should be at once advised, furnished with blank forms for the execution of an official bond and oath of office, and with informa- tion as to the designation of his official residence. (See pars. 75 to 78, also 82 and 83.) 72. The appointee should execute his official bond, following closely the mstructions upon the blank form. He should also confer with his predecessor in office and arrange with him concerning the date of entrance upon duty, wpon which date the oath of office should be taken and executed in triplicate. 27 28 INSTRUCTIONS TO UNITED STATES MARSHALS. 78. Upon taking the oath and assuming duties the marshal should immediately advise the Attorney General, the Solicitor of the Treas- ury, and the Commissioner of Internal Revenue accordingly. 74. The incoming marshal should receipt to his predecessor in ofhce for all Government property turned over to him when he assumes duties; for the unexpended balance of deposits to cover costs (trust funds) which will be turned over to him; and for all unserved process, if any, seized property, etc., which he receives from his predecessor. (See pars. 97 to 102.) OFFICIAL BONDS. 75. The amount or penalty of the official bond of" a marshal is $20,000, unless a larger bond is authorized by the Attorney General. (See sees. 2 and 3, act Feb. 22, 1875, Supp. R. S., vol. 1, p. 65.) 76. Official bonds may be given with corporate surety or with indi- vidual sureties. The former are more desirable. In case the bond has individual sureties it must not only be approved by the judge, but the judge should certify that the sureties are inhabitants and freeholders of the district. (See act Aug. 13, 1894, sec. 1, 28 Stat. L., 279, and R. S., sec. 783.) 77. The United States does not pay any part of the premium or other cost of furnishing bonds. The acceptance of bonds upon which the rate of premium is more than 35 per cent greater than the rate charged for like bonds during the calendar year 1908 is prohibited. (See 36 Stat. L., 125.) It is therefore necessary that there shaU be clearly stated upon the face of every bond having a corporate surety the rate of premium charged per thousand, and the total amount of premium charged upon the full penalty of the bond. Note.— The revenue stamps required under the act of Octol)er 22, 1914, should be affi.xed to each bond. 78. The original bond, after approval by the United States dis- trict judge, must be filed and recorded in the office of the clerk of the district court. An exact copy of the bond, showing the nature and location of all seals, stamps, etc., certified by the clerk under the seal of the court, should be at once forwarded by the clerk of the court to the Auditor for the State and Other Departments. The clerk of tlie court should certify upon this copy that tlic original bond is filed and recorded in his office. ADDITIONAL AND NEW BONDS. 79. An additional official bond may be given only when dii-ected by the Attorney General and only when the surety or sureties are identical with those upon the existing bond. In such cases it is not necessary to close accounts and de])osit Imlances, as hereafter directed relative to new bonds. INSTRUCTIONS TO UNITED STATES MARSHALS. 29 80. If it should become necessary for the Attorney General to dh-ect the execution of a second official bond under one and the same appomtment (not an additional bond, as stated in the foregoing paragraph), requisition must be made for funds under the new bond, and after money has been credited thereunder all accounts must be promptly closed and balances under the old bond deposited to the credit of the Treasurer of the United States (nonchecking account). Receipts, disbursements, balances, and accounts under the two bonds must be maintained entirely separate and distinct. 81. The act of March 2, 1895 (see 28 Stat. L., 807), provides that "every officer required by law to take and approve official bonds shall cause the same to be examuied at least once every two years for the pur- pose of ascertahiing the sufficiency of the sureties thereon; and every officer having power to fix the amount of an official bond shall examuie it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary." It also provides that official bonds shall be renewed every four years, or oftener if necessary. Such renewal, however, may be waived for the period of service of a bonded officer after the expiration of a four-year term of office, pending the appointment and qualification of his successor. OATH OF OFFICE. 82. The oath of office having been executed in triplicate, one copy should be filed with the bond, one forwarded to the Auditor for the State and Other Departments, and one transmitted to the Depart- ment of Justice. Funds with which to defray court expenses can be placed to the credit of the marshal only after a copy of the oath of office and a certified copy of his official bond have been received in the office of the Auditor for the State and Other Departments. 83. This oath may be administered by any officer of the United States or of any State authorized by law to administer oaths. United States commissioners, also clerks and deputy clerks of United States courts, are authorized to admmister oaths. (See acts May 28, 1896, and Mar. 2, 1901.) ' REAPPOINTMENT. 84. A marshal who is reappointed, or who receives an appoint- ment after confirmation by the United States Senate foUowmg a recess appointment, must proceed, m so far as his bond, oath, receipts, disbursements, balances, and accounts are concerned, in all respects as a new appointee. 85. A bond must be executed under the new appomtment and another oath of office must be taken. The power to disburse moneys under the old appomtment and bond termmates on the day precedmg 30 iNsiHiciioNs lo rxriKj) states marshals. the (lay ui)on which the oath oi oHicc is taken and (hitios aro assumed under the new appointment. SG. An account must be rendered covering disbursements made up to and including tlie day preceding the date of qualification and entrance upon duty under the new appointment, books closed, and balancers deposited to the credit of the Treasurer of the United States (nonchecking account). New accounts should be opened and the records continued just as if he were a new appointee. 87. It is desirable that all fees earned and expenses incurred up to the date of entrance upon duty under the new appointment should be paid before assuming duty under said new appointment. Regular monthly salaries, however, should not for this reason be paid for fractional portions of a month. Such salaries and other items accru- ing dining the period covered by the old appointment, which have not been paid prior to the date of entrance upon duty under the new ap])ointment, may be paid from funds advanced and included in accounts rendered under the new appointment. 88. In selecting the date for entrance upon duty under a new appointment, it should be noted that it will be necessary to make a brief break in the continuity of payments. If the new commission is received by the judge and becomes effective prior to and near the close of any given quarter, it is desirable to qualify and enter upon duty thereunder upon the first day of the succeeding quarter, in order to avoid the rendition of an account for a portion of a quarter, provided that in cases where a marshal holds office under a recess appointment the commission under which he is acting does not expire before the close of the quarter. TERM OF OFFICE -VACANCIES. 89. Marshals holding recess appointments will note that they may continue in office under said appointments until the close of the next session of the United States Senate subsequent to said appointments, and no longer. 90. Under the provisions of the act of June 24, 1898 (see 30 Stat. L., 487), marshals who have been commissioned for a term of four years may continue to discharge the duties of their respective offices until their successors have been appointed and have assumed duties. 91. A vacancy arising in the ollice of marshal by reason of the death of a marshal may be filled under the provisions of the above mentioned act by the district court of the district, if the vacancy arises in a State, or by the Supreme Court of the District of Columbia if arising within the District of Columbia. INSTRUCTIONS TO UNITED STATES MARSHALS. 31 POWERS AND DUTIES OF MARSHALS. 92. Marslials are the executive oflicers of the Federal courts. They are also the local (hshursing officei-s of the courts and the Department of Justice. They have the same powers in each State in executing the laws of the United States as sheriffs and their deputies in such State have, in executing the State laws. (See sec. 788, R. S. U. S., also 185 V. S., p. 1.) 93. The principal duties of marshals, therefore, are to attend terms of the district courts, to execute or cause to be executed judicial process (see sec. 787, R. S. U. S. and sec. 1311, U. S. Com- piled Statutes, 1913), and to defray judicial expenses. 94. In addition to and growing out of the foregoing, the follow- ing are among the more important duties of marshals: (a) To attend daily at their offices, unless otherwise engaged on official business, keep fully informed concerning all matters connected therewith, and assist in the service of process or clerical duties. (See par. 1.) ^(b) To connnunicate with the Department of Justice concerning actual or anticipated defiance of Federal authority, or other like disturbance. (See pars. 349 to 354.) ^(c) To arrest persons found in the act of operating illicit distil- leries. (See 20 Stat. L., 341.) (d) To make reports to the Solicitor of the Treasury concerning suits involving property interests of the Government, and collec- tions by execution or otherwise of revenues and debts due to the United States. (See pars. 226 to 237.) (e) To make returns to the Auditor for the Post Office Department concerning proceedings upon executions involving moneys due on account of the Post Office Department. (See sec. 792, R. S. U. S.) (/) To supervise leased or rented buildings used for the courts and their officers. (See pars. 611 to 613.) r^ig) To exercise diligence in the matter of disbursing funds to the end that erroneous charges which are not in accordance with the actv.al facts may be detected before payment. (h) To prepare or cause to be prepared and render quarterly accounts, as required by law, and by these instructions. (i) To collect the earnings of their offices from individuals and corporations and deposit them with clerks of United States courts. (See pars. 310 to 325.) OFFICIAL RESIDENCE. 95. The law authorizes the Attorney General to fix the official residence of each marshal. It must be at one of the places of hold- ing court, and it is preferable that it be at the principal place. The 32 INSTRUCTIONS TO UNITED STATP:S MARSHALS. place thus designated becomes th'e official headquarters of the mar- shal. (See 29 Stat. L., 183.) 96. Expenses of subsistence are allowable only when incurred at places other than the official residence. RETIRING MARSHAL. (See also paragraphs 146(c), 159, and 172.) 97. An outgoing marshal must turn over to his successor all Government property in custody, and transmit his receipted inven- tory thereof to the Attorney General. 98. Specify in the inventory every article of nonconsumablo property and make full explanation of failure to include any missing article. Show the make, model, and serial number of typewriting machines, computing machines, check protectors, revolvers, etc. 99. He should also turn over to his successor all moneys other than judiciary funds. Transfer the entire bank balances leaving notliing for outstanding checks. Furnish the bank, however, with a memorandum definitely describing each outstanding check. 100. Unserved process in the hands of an outgoing marshal, or his deputies, shall be delivered to his successor upon reciucst, and the receipt taken therefor transmitted to the Auditor for the State and Other Departments. (See 30 Stat. L., 1237.) Prisoners in the cus- tody of an outgoing marshal should be delivered to his successor in office. (Sec. 790, R. S. U. S.) 101. An outgoing deputy shall, upon request, deliver to the marshal all process remaining in his hands. (See 30 Stat. L., 1237.) 102. A retiring marshal should procure from the clerk of tlie court and transmit to the auditor a certificate showing: (a) That he has returned all process, except that turned over to his successor. (h) That he has accounted for all money collected on executions, or otherwise. COMPENSATION. 103. United States marshals receive statutory salaries. They will also be allowed, when absent from official headquarters on official business, actual and necessary expenses for lodging and subsistence, not exceeding $4 per day, and actual necessary traveling expenses. There is a penalty for demanding or receiving, directly or indi- rectly, any fees or compensation other than as above stated. (See act of May 28, 1896, 29 Stat. L., 183.) Note.— TJio marslial in his official capacity as a disbursing officer pays to himself personally the saUiry and expenses above provided. (See pars. 320 to 345, and 398 to 410.) INSTRUCTIONS TO UNITED STATES MARSHALS. 33 SALARIED DEPUTY MARSHALS. AITTHOEIZATION AND APPOINTMENT. 104. Marshals may employ, upon authorization by the Attorney General and at rates of compensation fixed by him, salaried deputies and clerical assistants. (See sec. 10, act of May 28, 1896, 29 Stat. L., 182.) A commission (Form No. 31) should be used by the marshal formally appointing each deputy so authorized. This commission is retained by the deputy, but a copy should remain on file in the marshal's office. 105. Each appointment should be at once reported to the depart- ment for approval, and (excepting as stated in the next paragraph) such approval must be received before the appointee takes the oath of office or assumes duties. 106. Incoming marshals are hereby authorized generally to reap- point tentatively, in so far as they may deem such action desirable, their predecessor's deputies. Deputies so reappointed should at once take a new oath of office and continue to execute their official duties, such reappointment, if promptly reported to the department, being hereby approved generally for the period of service elapsing prior to the issuance and the receipt by the marshal, in the ordinary course of business, of a written approval or disapproval. 107. Marshals are responsible for the acts of their deputies and should exercise great care in their selection. If the chief duties of a salaried deput}^ are other than the service of process, he must either be selected under the rules and regulations of the Civil Service Com- mission or required to give bond to the marshal. (See act of Oct. 22, 1913, and Department Circular No. 419.) 108. In reporting the reappointment of a predecessor's deputies, as described in paragraph 140, it is only necessary to state the names of the deputies thus reappointed, no change in their status or salary being permissible without previous authorization; otherwise each application for authority to employ, and also each report of the formal appointment of a salaried deputy, should state : (a) Name and date of birth of proposed or actual employee. (b) His residence and occupation at the time of selection. (c) Proposed headquarters. (d) Proposed rate of compensation. (e) Duties of position and qualifications therefor. (f) Whether he has been or is to be designated ''Chief deputy," and the date on which such duties have been or wiU be assumed. (g) Whether the chief duties of the position are the service of procsss or office work. (li) Whether bonded or to be bonded; and if so, in what amount. Note. — Applications for authority to employ as distinguished from reports of formal appointments must state in addition to the foregoing "the facts as distinguished from the conclusions establishing the necessity for the proposed appointment." 895—16 3 34 INSTRUCTIONS TO UNITED STATES MARSHALS. OATH OF OFFICE. 109. Eacli salaried deputy must execute in triplicate an oath of office (Form No. 10). The marshal will certify thereon when the deputy assumed duty. The three copies of the oath must be dis- posed of as follows: One filed with the clerk of the district court. One transmitted to the Attorney General. One transmitted to the Auditor for the State and Other Depart- ments. 110. Mere change in the rate of compensation of a deputy as dis- tinguished from reappointment does not require the execution of a new oath of office. (See 3 Comp., 336.) TERMINATION OF SERVICES AND OTHER CHANGES. 111. liesignations, suspensions, dismissals, changes in location, absence without pay, or other conditions affecting compensation must be promptly reported to the department. The date of each change must be deffiiitely given. It must be shown at the close of what day it became effective. In case of suspension or dismissal the cause must be stated. A deputy dismissed for misconduct must not again be employed by the marshal in any capacity without specific authority from the Attorney General. 112. The term of office of a salaried deputy expires (unless his services are terminated earher by competent authority) with that of his principal, excepting for the purposes named in sections 789 and 790, R. S. U. S. (See 3 Comp., 648.) 113. An outgoing deputy must upon request deliver to the mar- shal who appointed him, or to the incoming marshal, as, the case may be, all process remaining in his hands. (See 30 Stat. L., 1237.) 114. If the incoming marshal desires to retain the services of any of his predecessor's deputies, they must be reappointed and take a new oath of office. (See par. 106.) 115. If a deputy who has been mstructed by the Attorney General to take charge of the office of the marshal pending the appomtment of his successor notifies the salaried deputies to remain in charge at their respective stations, and they hi fact do, their employment may be considered as continuous, and they may be paid accordingly, j^ro- vided they are subsequently reappointed b}'- the incoming marshal. (See Comp. to disbursing clerk. Department of Justice. May 23, 1910.) DUTIES. 116. It is the dut}^ of salaried deputies under assignments n\ade by, and under direction of, the marslial to execute the clerical and other inside work of the olhcc, to serve process, transport prisoners, attend court, act as bailiffs or criers when required, etc. 'o-r> INSTRUCTIONS TO UNITED STATES MARSHALS. 35 117. The chief deputy is to be considered in charge of the office in the absence of the marshal. He should understand and be able to direct the work of the office, supervise the activities of the other deputies, and otherwise satisfactorily represent his superior. 118. If the appointment of a salaried deputy is authorized and ap- itfoved upon condition that he shall act as bailiff without additional /^conpensation, he must so serve, and payment may not properly t^e'iuade to another person covering services as bailiff which should have been rendered by the deputy. (See 4 Comp., 226.) 119. Deputies will not be allowed additional compensation for acting as bailiffs or criers. COMPENSATION. 120. Salaried deputies and clerical assistants are paid monthly by marshals. Their annual salaries are fixed by the Attorney General (See act of May 28, 1S96, 29 Stat. L., 182, and pars. 329 to 345.) 121. Salaried deputies also receive actual traveling expenses and actual expenses of lodging and subsistence, not exceeding $S per day (see 35 Stat. L., 640) when absent from their stations on official busi- ness; they are also reimbursed for expenses of transporting pris- oners, iacluding necessary guard hire. (See pars. 398 to 410.) 122. There is a penalty for demanding or receiving any fees or compensation other than those above mentioied. FEE DEPUTY MARSHALS. APPOINTMENT. 123. When, in the opinion of the marshal, public business requires it, he may appoint one or more fee deputies to hold office (unless sooner removed by the district court or the Attorney General) during the pleasure of the marshal. (See 36 Stat. L., 1355.) 124. Appointments of fee deputies should be immediately reported to the Attorney General. Such reports should specify: (a) The facts as distinguished from the conclusions constituting the reason for the appointment. (b) Name and age of employee. (c) His residence and occupation at the time of appointment. (d) His official headquarters. 125. Judgment and discretion should be exercised in the selection, appointment, and location of fee deputies. Their headquarters should usually be near the center of the territory to be covered in the service of process. Inexpedient a'ppointments will he canceled. 126. Before appointing sheriffs, deputy sheriffs, town constables, etc., as deputies, marshals should ascertain that the duties of the two positions are not likely to conflict. In case of doubt on this point, specific instructions should be obtained from the department. 36 INSTRUCTIONS TO UNITED STATES MARSITALS. 127. Resignations, suspensions, dismissals, or changes in location must be immediately reported to the department. The dates of such changes must be distinctly given, and in the case of suspension or dismissal the cause must be stated. A deputy dismissed for misconduct must not be again employed by the marshal in any capacity without specific authority from the Attorney General. OATH OF OFFICE. 128. Form No. 10 should be used for the oath of a fee deputy. It should be executed in duplicate; the original filed with the clerk of the district court and the duplicate transmitted to the Attorney General. The marshal should certify, as provided by the form, when the appointee assumed duties. TERM OF OFFICE. 129. The term of office of a fee deputy ends with that of his prin- cipal, excepting for the purposes named in sections 789-790, R. S. U. S. 130. Incoming or reappointed marshals desiring to retain the services of fee deputies should reappoint them and require them to execute new oaths of office. 131. Unserved process must be immediately delivered to the incoming marshal upon request and an outgoing deputy must, upon request, deliver to his principal aU unserved process. (See 30 Stat. L., 1237. See also pars. 423 and 424 under Maximum Compen- sation, etc.) COMPENSATION. 132. Fee deputy marshals are entitled to compensation as follows: (a) All gross fees actually earned, including mileage, not to exceed $1,500 per annum. (h) Actual and necessary expenses, not exceeding S2 per day, while endeavoring to arrest, under process, a person charged with or convicted of crime. NoTv. — A fee deputy may elect to receive actual expenses on any trip in lieu of the mileage above stated. (See 29 Stat. L., 182, and 36 Stat. L., 1355.) (See pars. 417 to 471.) CHAPTER II. JUDICIARY AND OTHER FUNDS. Page. Judiciiu'y funds advaiifed ou reqiusition? 37 Deposits: General instructions 38 Into nonchecking account 39 Into checking account 39 Method of making 39 Reporting and recording 40 Disbursements: General instructions, checks, etc 41 Outstanding and retiu*ned checks 43 In cash 44 Advances by marshals 45 Weekly reports of 45 Income-tax deductions 46 Moneys other than judiciary appropriation and income-tax funds 48 JUDICIARY FUNDS ADVANCED ON REQUISITIONS. 133. Advances are made, i. e., moneys are placed to the credit of marshals with the Treasurer of the United States under various appropriations (transactions under each of which must be sepa- rately handled and recorded) for defraying court expenses, payment of judicial salaries, etc. Such moneys are known as "judiciary" funds as distinguished from deposits to secure costs and other special funds. Requisitions for the money which it is anticipated will be needed should be made quarterly upon the blank forms provided. 134. Requisitions for money should be forwarded in time to reach the department about 20 days prior to the close of each quarter of the fiscal year. This is a matter of the utmost impor- tance, and other busmess should not be allowed to interfere with it. 135. Additional requisitions may be made if necessary. It is the duty of marshals to communicate with the department wdicnever it becomes apparent that more money is needed. 136. If it is impracticable to advance at once the entire amount requested, a partial advance wiU be made and more money credited later, as circumstances may warrant. 137. Whenever it is estimated that the prospective expenses under any appropriation for a given quarter will greatly exceed those for the corresponding quarter of the previous fiscal year, the 37 38 INSTRUCTIONS TO UNITED STATES MARSHALS. regular (luarterly roquisitioii must be accompanied bij a statemint explaining the conditions giving rise to the anticipated increase. 138. In making requisition to cover anticipated expenses of the closing quarter of a fiscal year, i. e., the June quarter, the utmost care should be exercised in order to avoid requestmg an amount m excess of that which will be actually needed. Prior to making such requi- sition the marshal should confer fully and freely with the district attorney and, if practicable, with the district judge, in order to ascertain the nature and extent of the prospective court business. The probable unexpended balance of the money already advanced for previous f{uarters at the close of business on March 31 should also be taken into consideration and the difference oidy recjuested betw(M^n such amount and the estimated expense of the June quarter. 139. Money under appropriations for a given fiscal year is ad- vanceable only until September 30 of tlie following fiscal year, excepting at stations not forming part of tlie mainland of the United States, such, as Alaska and Hawaii, where advances may be made until the close of the second fiscal year following the year for whicli the appropriation is made. 140. Claims against the Government on account of fees earned or expenses incurred remaining unpaid after the close of the period during which advances can be made should be handled as directed in paragraphs 593 to 600. DEPOSITS. GENERAL INSTRUCTIONS. 141. The deposit of moneys received to secure the payment of costs should be made with a local depositary the use of which has been approved by the Attorney General. (See paragraph 201.) 142. Instructions relative to deposit of income-tax moneys will be found in paragraphs 188 to 200. 143. The deposit of judiciary funds and the deposit of proceeds of sales of old materials or other Government property should be made directly with the Treasurer of the United States, Washington, D. C. (The checks or drafts representing such deposits should be mailed directly to the Treasurer of the United States, Washington, D. C.) 144. If a deposit to the credit of the Treasurer of the United States is not, after having been so deposited, to form part of the balance standing to the official credit of the marshal and subject to his official check, it must be definitely described as a ''deposit into noncliecking account." 145. If a deposit is to have the effect of achling to the unexpended balance of the marshal and form part of the total amount subject to his official check with the Treasurer, it should be designated as a *' deposit into cJiecTcing account." INSTRUCTIONS TO UNITED STATES MARSHALS, 39 WHEN DEPOSITS SHOULD BE MADE INTO NONCHECKING ACCOUNT. 146, Deposits should be made into nonchecking account as follows: (a) If it is found near the close, or immediately after the close, of a fiscal year that the unexpended balance under any appropriation or appropriations is manifestly greater than the amount which will be required to complete payments, the excess should be at once deposited, (b) All such unexpended balances should be so deposited, when it has been ascertained that they will be no longer needed to liquidate outstanding liabilities, and not later in any event than September 30 of the succeeding fiscal year, excepting in districts detached from the mainland of the United States, such as Alaska and Hawaii. The final deposit of such unexpended balances will of course include all disallowances and collections which have been made part thereof by being deposited into checking account, (c) Whenever it is necessary to dispose of unexpended balances on account of retirement from office, or when a new official bond has been given (other than an additional bond) and it is desired to dispose of balances under the old bond. (d) To dispose of -the proceeds of sales of old materials or other Government property, WHEN DEPOSITS SHOULD BE MADE INTO CHECKING ACCOUNT. 147, Deposits should be made into checking account as follows: (a) When conceded suspensions or disallowances (from which appeals are not to be taken) pertaining to appropriations in current use are to be placed to the credit of the disbursing officer with the Treasurer. (h) When collections covering erroneous but unsuspended dis- bursements, overpayments, or refunds of moneys advanced to wit- nesses or others are to be deposited. METHOD OF MAKING DEPOSITS TO THE CREDIT OF THE TREASUREE OF THE UNITED STATES. 148, If it is desired to transfer funds from checking to noncJiecTcing account, as is ordinarily the case when unexpended balances are repaid, the check. to effect the transfer should be drawn in the follow- ing form : , 19... Pay to the order of the Treasurer of the United States three hundred 00/100 dollars. John Doe, U. S. Marshal. $300.00. Object for which drawn: Unexpended balances of appropriations for credit of Treasiu'er U. S. Checkin.o; account to nonchecking account. Details reported by letter to auditor. 40 INSTRUCTIONS TO UNITED STATES MARSHALS. 149. It is not necessary to state on the check the title and amount of each appropriation. This information should be given in a letter to the auditor, a copy of which should be transmitted to the Department of Justice. 150. A single check should be drawn covering the entire amount of the deposit, including all appropriations. No attempt should be made to list the appropriations on the check. This will be done in the letter reporting the deposit to the auditor. The office of the Treasurer of the United States needs only information showing whether a check represents "appropriations" or "revenues." 151. A private check may be used for deposits of suspensions, disal- low^ances, and collections intended to go into checJcing account. The following form of check or indoi-sement is suggested: , 19... First National Bank of Pay to the order of the Treasurer of the United States t\veuty-ti\e 00/100 dollars. John Doe, U. S. Marshal. $25.00. Object for which drawn : Deposit into checking account. , Disallowances ; appro]jriations for 19 . . . Details reported by letter to auditor. REPORTING AND RECORDING DEPOSITS. 152. When a deposit is made into checking account covering dis- allowances, a notation of this action should be made opposite the item or items thus disposed of on the statement of differences on file in the marshal's office. Inadvertent duplication of deposits will be thus avoided. 153. It should be understood that ordinary deposits which involve "appropriations" are classified as follows: (a) "Unexpended balances"; i. e., balances of appropriations advanced to the disbursing officer against which he has not drawn checks. (6) "Disallowances," which term is used to cover also suspensions that are uncontested or conceded. (c) "CoUoctions," which term includes items erroneously paid but not suspended or disjillowed by the auditor, and refunds of advancas or overpayments. 154. The letter to bo written to the auditor, a copy of which is to bo sent to this department, reporting the details of a deposit, should bo substantial! V in the followins: form: INSTRUCTIONS TO UNITED STATES MARSHALS. 41 District of , Office of U. S. Marshal, Afarch 4, 1'914. Auditor for thf State and other Departments, Treasury Department, Washington, D. C Sir: I have this day deposited into nonchtcking account (credit Treasurer U. S.) the following-described sums: Fees of Jurors, U. S. Courts, 1914, unexpended balance $100. 00 Pees of Witnesses, U. S. Courts, 1914, unexpended balance 200. 00 (Unexpended balances deposited by direction of the Attorney General.) Support of Prisoners, U.S. Courts, 1913, disallowance 10. 00 Pay of Bailiffs, etc., U. S. Courts, 1912, collection (per dlems of Bailiff Richard Roe, March 1 and 2, 1912, erroneously charged because not actually in attendance; see examiner's report) 6. 00 Note.— Disallowances and collections deposited inHhis manner when for prior years. If for the current fiscal year and under current bond deposit as shown below. I have also made the following-described deposit into checking account, the same to be held by the U. S. Treasury subject to my check: Miscellaneous Expenses, U. S. Comts, 1914, disallowance $5. 00 I have also made the following-described deposit into nonchecking account (credit Treasurer United States) : Miscellaneous revenues, the sum of $25.00, being the proceeds of the sale of an old typewriter. These deposits were made under my bond dated Respectfully, John Doe, U. S. Marshal. Note.— Deposits of amounts disallowed should be sufflcieutly described for identification. 155. The duplicate certificate of deposit which is furnished by the office of the Treasurer of the United States should be filed in the marshal's office in such manner as to be readily accessible when needed for reference. DISBURSEMENTS. GENERAL INSTRUCTIONS, CHECKS, ETC. 156. Blank checks for use in disbursing moneys held as deposits covering costs, technically known as "other funds," will, of course, be furnished by the local depositary in which said funds are kept. 157. Blank checks for use in disbursing judiciary funds and special deposit funds, kept with the Treasurer of the United States, will be supplied by the Treasury Department. Applications for such checks prepared upon the forms provided by the Treasury should be addressed to the Division of Printing and Stationery, Treasury Department. Only checks so procured may be used for checkmg on the Treasurer of the United States. 158. Checks on judiciary funds must have the marshal's numerical checking symbol printed, stamped, or written in the lower right-hand corner. This checking symbol must be ascertained before a check is drawn on the Treasurer of the United States. 42 INSTRUCTIONS TO UNITED STATES MARSHALS. 1 59. \^^ieii a marshal rotiros from office, his unused checks should be turned over to his successor, who will use them, lining out at once throughout the entire unused portion of the book the retiring mar- shal's checking symbol printed thereon, and substituting his own. Such transfers of (checks should be reported at once to the Division of Printing and Stationery, Treasury Department. 160. If any erasure or alteration is made in an official check, the marshal must certify across the face of the check to the correctness of such erasure or alteration. 161. Spoiled or canceled checks should be sent quarterly to the Auditor for the State and other Departments for preservation and reference. 162. In the preparation of official checks care shoidd be exer- cised to have the writing executed, whether with pen or typewriter, with a permanent, heavy black ink, which can not be easily erased without removing the protective surface tinting of the check. 163. There must be a brief statement on the face or back of each check, clearly indicatmg the object or purpose for which it was drawn, as, for example, "Fees of Jurors, 1915." 164. Unless the marshal has specific authority to hold money at his own risk and pay otherwise, all disbursements of judiciary funds must be by checks upon the Treasurer of the United States, drawn in favor of the payees named in the marshal's accounts, and mailed, or handed directly, to said payees. 165. The mere drawing of an ofhcial check without its unrestricted dehvery to the payee does not constitute a payment in lawful money for wliich a marshal may claim credit in his accounts. 166. Marshals ma}^ not issue any certificate, scrip, or other form of evidence of indebtedness whereby to charge the United States, nor recogniz(! nor pay the same, but may make payments only upon presentation of the pro])er ])ay rolls or other duly authenticated vouchers. 167. Section 104 of tlie Criminal Code (see 35 Stat. L., 1107) pro- vides: "Whoever, being a judge, clerk, or deputy clerk of any court of the United States or of any Territory thereof, or a United States district attorne}^ assistant attorney, marshal, deputy marshal, com- missioner, or other person liolding any oihce or employment or position of trust or profit under tlie 'Govenmicnt ot the Ignited States, siiall. cither directly or indirectly, purcliase at less tliaji the full face valuer thereof any claim against the United States for the fee, mileage, or cxp(>nses of any witjiess, juror, deputy mai-slud, or any other oflicer of the court whatsoever, sliall l)e lined not more tlian one thousaiul dollars." 168. If circumstances render it unjjracticable for llie marshal, In person, to sign all oilicial checks, application may bo made for author- INSTRUCTIONS TO UNITED STATES MARSHALS. 43 ity to have the chief deputy sign for the marshal in the following form : John Doe, U. S. Marshal, By Richard Roe, Deputy Marshal. 169. Such applications should state fully the necessity for the pro- posed action rnd submit the chief deputy's signature. 170. No allowance will be made for expenses charged for collecting money on chec-ks. 171. Whenever it appears that an official check issued by the mar- shal has been lost, stolen, or destroyed, he will, upon application to the department, be furnished with blank forms of bonds of indem- nity, to be executed by the party or parties in interest, said forms containing full detailed instructions concerning the issuance of dupli- cate checks, or (in case the marshal who drew the check is out of the service) the statement of an account in favor of the owner. 172. Wlien a marshal retires from office and thus ceases to be a disbursing officer, his authority to disburse judiciary funds ceases to exist, and unexpended balances should be promptly deposited to the credit of the Treasurer of the United States (nonchecking account). 173. If a marshal is recommissioned, and is thus his own succes- sor in office, disbursements from funds received under his old appoint- ment and bond should terminate on the day next preceding the day on which he assumes duties under his new appointment. (See pars. 84 to 8S.) OUTSTANDING AND RETURNED CHECKS. 174. Promptly after the receipt from the Treasurer of the United States of the montlily statement of his account for the month of June of each year, the marshal should make a return to the Secretary of the Treasury of all checks drawn by him which were outstand- ing and unpaid for three full fiscal years on the 30th of June of that year, stating therein the number of each check, its date, and amount, in whose favor and for what purpose it was drawn, the number of the voucher to cover which it was issued, and, if known, the residence of the payee. 175. If any of the outstanding checks thus listed have been re- turned, they should accompany said return. 176. It should be noted by way of illustration that checks dated, for instance, any time between July 1, 1914, and June 30, 1915, if not previously paid, have been outstanding for three full fiscal years at the close of business on June 30, 1918. 177. Checks reported as above to the Secretary of the Treasury are carried to the credit of the respective payees in a fund denomi- nated "outstanding liabilities." The payees or bona fide holders of 44 INSTRUCTIONS TO UNITED STATES MAUSIIALS. such checks may obtain the money due thereunder by submitting their claims to the Secretary of the Treasury for direct settlement. 178. In case of the termination of the services of an}' disbursing officer checks previously drawn by him will be paid from the funds to his cre(ht, unless such checks have been drawn more than four montlis before their presentation or reasons exist for suspecting fraud. Any check previously dra\\Ti by him and not presented for payment within four months after its date will not be paid until its correctness shall have been attested by the Comptroller of the Treasury or his chief clerk. DISBURSEMENTS IN CASH. 179. In special cases only and where, for good and sufficient rea- sons (such as the illness of the marshal and his consequent inability to sign checks), it is impracticable to make all payments by checks, application may be made to the Department of Justice for the issuance of authority by the Secretary of the Treasury for the marshal to keep on hand at his own risk a certain amount of public money from wliich official 'payments only may be made in cash. 180. Particular attention is invited to the fact that aU payments should be made either by official check or (if the mai-shal has received the requisite authority) in cash. In other words, mone}' held by marshals at their own risk for the purpose of making payments in cash should not be disbursed by private or quasi official checks. 181. If disbursements from judiciary funds are made in cash, re- ceipts must be taken therefor upon the current forms specifically provided for this purpose and fastened to the proper vouchers. In such cases a subsidiary cash account must accompany the regular quarterly account. Printed forms for this subsidiary cash account are not deemed necessary. It should be prepared substantially as indicated by the following form and attached to the account current: 1915. I July I Cash on hand Aug. 25 Ck. No. 4201, cash . 1915. I S300. 00 Sept. 30 Vouchered expenditures paid \ $373. 18 200.00 in cash Sept. 30 Cash on hand 126.83 ■)00. 00 500. 00 182. If a marshal's account shows a balance on hand in cash or a bal- ance carried as cash on account of partial or memorandum payments, it shall be the duty of the district attorney, in person or by his assistant or clerk, upon tlie request of the marshal, to be present at the close of business on the last da}^ of the (juarter or otlier jxM-ioil for which such account is rendered, during the counting and sche(Uiling of the items of cash or memorandum payments which will api)ear in the analysis of balance, as a disinterested witness, who will v property to the United States, causv* the same to be placed on INSTRUCTIONS TO UNITED STATES MARSHALS, 53 record, and immodiatoly thorcafter transmit such deed to the Solicitor of the Treasury. 233. If the real estate sold is not redeemed, he will immediately report the fact to the Solicitor of the Treasury, 234. On receiving money in the United States cases (except internal revenue) marshals will promptly pay same over to the clerk of the court, report the matter to the district attorney and the Solicitor of the Treasury, stating when, from whom, and on what account it was received. 235. Marshals will give notice in writing to the district attorney of all acts of trespass and all breaches of the customs revenue or other laws (except internal revenue) whereby pecuniary penalties in favor of the United States have been incurred by the wrongdoers which shall come to the knowledge of such officer or of which he shall be credil)ly informed, stating the particular act, with the time when committed, and the names of the witnesses, if known, and sliall immediately forward to the Solicitor a copy of such notice. 236. These instructions apply to forfeited recognizance cases arising from violations of internal-revenue laws, such cases being included in the class of general civil cases and not as mternal revenue, 237. United States marshals will report to the Solicitor of the Treasury the existence and situation of any property belonging to the United States which is not in the care of any officer or agent of the Government, to the end that it may be protected and preserved. If he shall discover that any claim in favor of the Government, not in his hands, can be collected, he will report to the Attorney Gen- eral, and recommend the best mode of proceedmg. He will also report immediately to the Attorney General any default of a United States attorney, clerk, collector, or other person engaged in the collection of any debt due to the United States, or of the customs revenue, or in the disbursement of any money belonging to the Government. RESISTANCE OR DEFIANCE OF FEDERAL AUTHORITY. 238. If special deputies or possemen should be needed, by reason of unusual resistance or defiance of Federal authority, actual or anticipated, action should be taken as directed in paragraphs 349 to 354 entitled "Extraordinary Expenses." CHAPTER IV. BOOKS AND RECORDS. Page. General instructions 54 United States funds book 54 Cash book 60 Dockets. ". (51 Ledger 06 Register of United States prisoners 75 Files and memorandum records 76 GENERAL INSTRUCTIONS. 239. The following-named books are furnished by the Department for marshals' offices and may be obtained when needed by making requisition prepared on Form 17 A: (a) United States funds book. (h) Cash book. (c) Criminal docket. (d) Civil docket. (e) Ledger. (/) Register of United States prisoners in county jails. Note. — Corrections in tliese books must be made by cancellation, never by erasure. 240. In executing the work upon these books, which sjiould be kept up to date, the principles and methods set forth in the following directions and illustrations should govern: UNITED STATES FUNDS BOOK. 241. This is a ])ook of original entry for all cash transactions involving judiciary funds. Different appropriations, as well as the same appropriations for different fiscal years, must be carried in separate columns. 242. There should be entered in tliis l)ook iukKm- the ca|)tion "Received " — (a) All moneys advanced unchM- Ihe various judiciary a])i)r()|)ria- tions. (h) AH moneys collected from [)ayees on account of overpayments, disallowances, or otherwise. Note. — As to ropaymonts of items disallowed, see also i)aragruph 255'' under the heading "Ledger." 54 INSTRUCTIONS TO UNITED STATES MARSHALS. 55 243. There should be entered under the caption "Disbursed" — (a) AW payments made from judiciary appropriations. (b) All deposits to the credit of the Treasurer of the United States, nonchecking account. 244. After the close of business on the last day of each quarter the columns of this book should be footed, and it should be balanced in the usual manner. These balances, as well as disbursements made during the quarter, as shown by the ''funds book," must agree with the balances and disbursements as shown by the quarterly account current. 245. After the book has been balanced an analysis of balance should be made by comparison with the Treasurer's monthly state- ments. This analysis, which, if properly executed, will serve as a verification of the work on the funds book for the quarter, should be entered upon the left side of the book, in the following manner: (a) On depysit with the Treasurer of the United States at the close of , as shown by Treasurer's statement $ (6) Deduct outstanding checks as follows (Number, date, and amount of each check outstanding.) (c) Net balance in Treasury (d) Add cash on hand, if any (e) Add outstanding advances to witnesses, or others, if any (/) Add balance due the United States marshal, if any (g) Total balance due the United States (as shown l)y the funds book and account current) 246. The balances shown to be due the United States at the close of each quarter, as aforesaid, and the balances, if any, shown to be due the marshal, should be carried forward in the funds book, the former under the caption "Received" and the latter under the cap- tion "Disbursed," and the transactions of the next quarter recorded with these balances as a basis. 247. The dates of the items covering amounts credited on requi- sitions should be the dates of the Treasury warrants. Such ad- vances should be entered upon receipt of notices fi'om the Depart- ment of Justice. The dates and numbers of the warrants may be entered afterwards upon receipt of formal notices from the Treasury. 248. The method of entering an advance to a witness and the manner of carrying an overdraft, as set forth in the illustration given, should be carefully noted. An overdraft in excess of the marshal's total balance subject to check should never be made. 56 INSTRUCTIONS TO UNITED STATES MARSHALS. S o S'c c S---2«M P 525.00, adv to witnes Wis. Re by ma K.Wis., ieic4 o OO 00 c " "^ M O 0> "-^ s m IH P IS 03 1 ■^ < ^ fi ^. IS e ra c" 3 £ " a « o mC.m » gg 8g g |0 t--' c>i oj r.: -^ QC I SF • weM ■fife"? f: « 2 a 3h-. •£ >t^ ooo»p>-i lNWf5«1^003s 32SSSS 11 '^< INSTRUCTIONS TO UNITED STATES MARSHALS. 57 other data. Disallowed by Auditor, in accoimts for Mch. qr., 1915. 3?;S III o i S491. 45 6,150.00 14.15 1.85 3.00 .40 18.20 1 Sup- port of Prison- ers, Fiscal Year 1915. CO Fees of Wit- Fiscal' Year 1915. ^ 22 5 -■ Sala- ries, Fees, and Ex- penses of Mar- shals, Fiscal Year 1915. 8 CO 14.15 1.85 3.00 8 Salaries, District Judges, Current Fiscal Year. s 1 8 I Pay of Regular Assist- ant Att'ys, Current Fiscal Year. § 8 Salaries and Expenses of District Att'ys, Current Fiscal Year. g S i Miscel- laneous Ex- penses, Current Fiscal Year. 8 8 Pay of Bailiffs, etc.. Current Fiscal Year. 8 8 Sup- port of Prison- ers, Current Fiscal Year. S 8 8 Fees of Wit- nesses, Current Fiscal Year. 8 § ° Fees of Jurors, Current Fiscal Year. 8 8 Salaries, Fees, and Expenses of Marshals, Current Fiscal Year. 8 1 Names, etc. I 1 i Judiciary warrant. Dept. notice dated June 25, 191.5. Repaid by W. L. Stewart, U. S. Mar.i Repaid by W. L. Stewart, U. S. Mar. (office ex- penses).2 Repaid by W. M. Chester- field, field deputy. Repaid by SamuelGordon, witness. Balance due U. S. Mar. [constructive]. War- rant num- ber. 1 1 X If 1 . 5 g ^ 9 r& e ft ■^ 2 .;£ o o b J- o «^ ^.^ -I 'Z ft 11 si 58 INSTRUCTIONS TO UNITED STATES MARSHALS. 1 Other data. 1 $18. 20 Fees of Wit- nesses, Fiscal Year 1915. g ::::::::::: Sala- ries, Salaries, | Fees, District 'and Ex- Judges, i penses Current j of Mar- Fiscal i shals. Year. Fiscal ! Year ' 1915. Pay of Regular Assist- ant Att'ys, Current Fiscal Year. 1 Salaries and Expenses of District Att'ys, Current Fiscal Year. ; ;' Miscel- laneous Ex- penses, Current Fiscal Year. w Pay of Bailiffs, etc., Cun-ent Fiscal Year. : O Sup- port of Prison- ers, Current Fiscal Year. Fees of Wit- nesses, Current Fiscal Year. Fees of Jurors, Current Fiscal ; Salaries, Fees, and Expenses of Marshals, Current Fiscal Year. 1 Fxpense Incurred During Quarter Ended— 1 Names, etc. 3 O y :':::: : : : :o o : : :«&. ; : :' S'^'S = :::::: Date. ^1 INSTRUCTIONS TO UNITED STATES MARSHALS. 59 other data. P MiN Sup- port of I rison- ers. Fiscal Year 1915. Fees of Wit- nesses, Fiscal Year 1915. S : : : : : 2 : : : : : m 11!.. Sala- ries, Fees, and 1 X- penses of Mar- shals, Fiscal Year 1915. Salaries, District .ludges, Current Fiscal Year. 8 : : : : : : Pay of Regular Assist- ant Att'ys, Current Fiscal Year. § ; i ; ; i : Salaries and Expenses of District Att'ys. Current Fiscal Year. si ; i i : : ii MM: Miscel- laneous J X- penses, (.Current Fiscal Year. .S210. 00 Pay of Bailiffs, etc.. Current Fiscal Year. S : ; : : : : Sup- port of Prison- ers, Currant Fiscal Year. °\ ! 1 ; M Fees of Wit- nesses, Current Fiscal Year. °\ \\\\\ Fees of Jurors, Current Fiscal Year. S : : : ; 1 I U ■ '.'■'.■■ Salaries, Fees, and Expenses of Marshals, Current Fiscal Year. i iMni^ 1 -; :;;;; 1 1 Balance due U. S Judi iarv warrant; Dept. noticedatedOct.24, 1915. AmouiitV" 'carried Forward. War- rant num- ber. ;i M i i i ! " ! 1 1 1 1 Date. 1 ~'^ : : ; : : Is ! : ; ; ; 60 INSTRUCTIONS TO UNITED STATES MARSHALS. CASH BOOK. 249. This is a book of original ontiy for iiU moneys of every char- acter received or disbursed by the marshal in his official capacity, other than judiciary appropriation funds recorded in the United States funds book. The cash book and the funds book are records of entirely different classes of moneys, which are to be maintained entirely separate and distinct. 250. Each entry should clearly state the facts and represent an actual cash transaction. If, however, a marshal simply exchanges receipts with the clerk of the court covering earnings of the marshal's office, without a corresponding interchange of money, entries should be made covering such receipts as if the money had been actually received by the marshal and repaid to the clerk. 251. Space should be set apart in this book for income-tax moneys, as directed in paragraph 192. Cash Booh. W. L. Stewart, U. S. Marshal. Docket and No. Cheek No. Date. Civ. 3866 1915. July 1 " 3874 2 « i< 120 121 " 19 Aug. 2 " 14 " 3866 " 17 " 3866 " " "122' 3 4 u V, 5 8 9 " 30 Sept. 30 1 Civ. 3866 ,,. 191.3. Oft. 1 " -c "^ ° ^ S .s-s oo "2 J 5 -S ■~ 3 4> i* ^ _r il^-gsgi^soSi 3 I I '11 gsSos M OSg|^'Sgg|-< 3 to ? § 5s •1 1 1 1 £So- t 1 m to » i2 . i is x: •o ^"3 1^ 1 t ■>s _ . c8 S O ^ t». 5-0 g >i ^^■^ ^ fi^ a C5 Qg| ai i§ 5 8 g 66 INSTRUCTIONS TO UNITED STATES MARSHALS. LEDGER. 254. The following accounts arranged in the order indicated by the ledger form, with the name of the marshal entered at the head of each page, should be maintained : (a) Individual accounts of the marshal and each salaried deputy. (b) Individual accounts of field deputies. (c) Office expense accounts of marshal and attorney. (d) Specific appropriation accounts. (e) Consohdated or general appropriation account. (/) Account of earnings collected. (g) Account of uncollected earnings. {h) Individual memorandum accounts covering income-tax deduc- tions. (See par. 193.) METHOD OF POSTING ITEMS TO LEDGER ACCOUNTS. 255. Postings should be made to the ledger as follows: FROM THE UNITED STATES FUNDS BOOK. (a) The total amount of each Treasury warrant to the consohdated appropriation account, and the specific amount credited to each appropriation thereunder, to the proper appropriation account. (b) Collections on account of disallowances or otherwise: To the appropriate account of the individual or corporation from whom received when such an account is maintained in the ledger, or the accounts of "Office Expenses." (c) Disbursements made to individuals with whom a ledger account is maintained or amounts withheld on account of income-tax: To the proper individual accounts, excepting that amounts paid on account of salary to marshals and deputies not subject to income- tax deductions need not be posted. (d) Deposits to the credit of the Treasurer of the United States (nonchecking account) ; the total amount to the consolidated appro- priation account and the specific amount under each appropriation to the proper appropriation account. (e) Payments made on account of office expenses; to the proper office expense accounts. FROM THE CASH BOOK. 256. Earnings collected from individuals and corporations after the rendition of the account for the quarter in which they were earned; to the account of uncollected earnings in the ledger. (See paragraphs 260 to 263.) INSTRUCTIONS TO UNITED STATES MAESHALS. 67 257. FROM THE DOCKETS. (a) The fees earned and the expenses payable by the United States to the marshal and each deputy; to the proper individual accounts in the lodger. (6) Earnings collected in each case, as shown by the civil docket and the payment thereof to the clerk of the court; to the account of earnings collected. 258. FROM THE QUARTERLY ACCOUNTS. (a) The aggregate amount of each account stated by appropria- tions; to the consolidated appropriation account. (b) The specific amount disbursed under each appropriation; to the pro])cr appropriation account. (c) Uncollected earnings; to the account of uncollected earnings. (See pars. 260 to 263.) 259. FROM THE STATEMENTS OF SUSPENSIONS AND DISALLOW- ANCES. (a) The total amount of suspensions and disallowances stated by appropriations; to the consolidated appropriation account. {h) The total amount under each appropriation; to the proper appropriation account. (c) The total amount from the account of the marshal and each deputy and from the accounts of office expenses; to the proper accounts. Note. — Allowances on explanation or appeal should also be credited in the three respects above mentioned, a, b, and c, from the Treasury notices of such allowance. ACCOUNT OF UNCOLIECTED EARNINGS. 260. Upon the transmission of each quarterly account to the Department all accrued earnings from individuals and corporations reported therein which have not been collected should be entered in this account in the left-hand column. 261. If any such amount is subsequently collected, the collection should be posted from the Cash Book to the right-hand column on the same line as the original entry of the particular item. The vacant spaces in the right-hand column wiU then show at a glance the uncoUected earnings of the office. 262. Items should not be charged off in this account, except when coUected or excepted from further consideration by specific instruc- tions from the Department. 263. Earnings in pauper cases should be included in this account. 68 INSTEUCTIONS TO UNITED STATES MARSHALS. 1 2 ^ « <1 tr^ w i» h^ y < • < i s to 1 1 "ssas Sg^S 1 1 i 1 !=- = '. ', '. ^ 1 18.50 $25.00 50.60 7.60 30.75 13.50 25.40 10.05 69.85 Total .56.15 247.65 1 1 •< Dec. qr., 1915. Fees.Expenses. $20. 10 $36. 50 7. 50 25. 00 8.40 10.00 11.30 30.10 Total 47.30 101.60 Amt. payable Mcli.qr.,1916. Fees.Expenses. Total Sfiono $7.5 no 1 i : : : a : : : § : : : «5 : : : U ■ 1 1915. July 21 Au-. 22 " 24 " 30 Sept. 10 " 25 Oct. 2 " 20 Nov. 6 " 20 1916. < i 1 1 33 sje 1 fa* ■» 6 i 1 , e i 2c ■I ^1 §5 INSTETJCTIONS TO UNITED STATES MAESHALS. 69 70 INSTRUCTIONS TO UNITED STATES MARSHALS, I ao ooo S : :« :§ S dd » 88 88 looeooocoioc tOU3 tOU5 ^''<&'' 100.00 46.35 400.00 583. 71 200.00 472.65 462.90 iM CM M 00 -f 2 r* 2 ^1^1 INSTRUCTIONS TO UNITED STATES MARSHALS. 71 3 IS |S 72 INSTKUCTIONS TO UNITED STATES MABSHALS. g §ss?s g s EP «- II ^3 5Sg? |88 S8 SS 3Sf '8 .^^?? 0> E^;s:;;::— "«-';:::::::;::: I ::,::;::■ ^ 1 ;;;;;; sv «l *2 I 1 » i 70 ::::; ..... .... ^€^=E=^ C8 fo 71 :: ;; lilliiiEE page 76 ) ■■ INSTRUCTIONS TO UNITED STATES MARSHALS. 75 < CO 1 SEi=^ i n s 3 1 £ 2 OTf<' 5 1 •< SSg§g s i § 1 1 ?5g?5gE5 § pq 3^ " i •! Ill o,p-c l|l So ^ i i ^12 i 1 g i 1 "■ : ■ is li ll a^ li 1 ft !5S§ 2 i 1 sp 1 1 ^ a 3 Items. 1 c St o ^3 3 s % i 1 1 1 P U5- i^i Name. 1 Offense. Comn Temporary. 1 (•..mmissioner. '^Depu'ty"'" Date Con mitted. 1 John A. Smith William Murphy Thomas Jones Charles Hepler Vio. int. rev. laws Counterfeiting Vio. postal laws rnnsniraf!v AUison Hughes July 31, 1( Aug. 24, Sept. 4, " 16, " 16 ? Jenkins ■^ 4 " Hughes... i Henry P. Jacobs " 6 7 8 q 10 11 1? IS 1*1 Ifi Is lo on oi *>? 24 Ofi ' "K) 1 ?1 ?*> ?S ?6 ?7 ' 1 ^19 ^ 1 40 . . . 4'' AA A 4R 47 i 4S 1 1 ... SO 1 SI 5? 5? M 1 S") t 56 , S7l AS ' .[........... .■H) 60 61 i ! 1 1 ' 63 i 1 64 1 61 ■ 1 661 67 1 68 ! 69 i 70 71 t 895-16. (To face 1 )age76.) 1 INSTEUCTIONS TO UNITED STATES MARSHALS. 75 « ; s ooooooo ■< s 1 Sg?5g?5 1' i==. pq ' > i " i is o :£ •1 »• = ii i a o 1 o O W f ^■l 2t g '= 1 I §, 1 i i 1 3 1 ■| a« 1 1 us-* 1 <1 i §p 1 1 i > ^ 1 Items. P 1 e c > c c 1 1 -1 > j 1 1 .s -1 ^ ?l . 76 INSTRUCTIONS TO UNITED STATES MARSHALS. FILES AND MEMORANDUM RECORDS. FILES. 264. The folloNving papers should be systematically and carefully filed in the marshal's office, separately from his accounts : (a) Incoming letters and copies of all outgoing letters. (b) Statements of suspensions, disallowances, allowances on expla- nation, and allowances on revision, received from the Treasury Department. (c) Notices of appointment and changes in personnel received from the department, or otherwise. (d) Original receipts on Form 71. (e) Certificates of the clerk of the court for the payment of jurors and witnesses. These should be arranged alphabetically; separately for jurors and witnesses and separately for each term of court. Fasten together at upper left-hand corner. (/) Commitment and release cards. (g) Other official papers, notices, and reports, or the duplicates thereof. INDIVIDUAL PROCESS EECORD. 265. A memorandum book record should be maintained showing separately for the marshal and each deputy in chronological order the writs issued to him for service. A separate page or pages should be allowed for each official. Brief notations should be made at the right, opposite the entry of each writ when it is returned, in such manner that the yacant space at the right will indicate at a glance the unserved writs in the hands of each official. Entries in this book should be brief. RECORD OF ATTENDANCE OF BAILIFFS AND CRIERS. 266. A memorandum record book should be maintained, showing in a convenient form the daily attendance of bailiffs and criers. Entries should be made, based upon the personal observation of the marshal or one of his deputies. Before making payments such records should be verified by comparison with the court records. CHAPTER V. ACCOUNTS, EARNINGS, SALARIES, EXPENSES, AND FEES PAYABLE, AND APPROPRIATIONS CHARGEABLE. Page. General instructions 77 Fees and costs in extradition cases 81 Earnings from individuals and corporations 82 Judicial and other salaries 84 Office expenses 86 Extraordinary expenses 87 The appropriation " Salaries, Fees, and Expenses of Marshals " 87 Fees and expenses of marshals and deputies 88 Fees of jurors , 104 Fees of witnesses 106 United States prisoners 112 Pay of bailiffs, criers, jury commissioners, and expenses of judges 116 The appropriation " Miscellaneous Expenses, U. S. Courts' ' 118 Advertising and publication of notices 119 The appropriation "Salaries and Expenses of District Attorneys, U. S. Courts" . 119 GENERAL INSTRUCTIONS. DEFINING ACTUAL PAYMENTS, ETC. 267. All items of disbursement must represent money actually and fully paid to the payee named in the account. The personal obliga- tion of the disbursing officer to the payee does not constitute pay- ment, nor the issuance of a certificate showing that money is due. 268. Each charge made for service should represent service actually performed by the person claimed to have performed it, and each -item of expense for which credit is claimed should represent money actually paid. RENDITION AND APPROVAL. 269. Accounts of marshals are prepared quarterly, in duplicate, upon forms furnished by the Department of Justice and listed in a separate publication. The quarters of the fiscal year end September 30, December 31, March 31, and June 30. Before transmission to the department such accounts must be submitted for approval in open court, by an order entered of record. (See act Feb. 22, 1875, sec. 1, 18 Stat. L., 333; act July 31, 1894, sec. 12, 28 Stat. L., 209; act May 28, 1896, sec. 13, 29 Stat. L., 183.) 77 78 INSTRUCTIONS TO UNITED STATES MARSHALS. 270. After approval by the court, the original account, with the account current and each voucher and subvoucher plainly marked "original," will be forwarded to the Department of Justice. The duplicate account, which must be in fact a duplicate and not merely a copy, should remain on file in the office of the clerk of the court. 271. The law requires quarterly accounts to be submitted for approval, as above directed, within 20 days after the close of each quarter. If submitted for approval later than 20 days, as afore- said, a delinquency arises which must be reported to the Attorney General by letter, under separate cover, and fully explained. 272. The amount to be included in the court's order of approval (a certified copy of which appears on the back of the account current) is the total amount of disbursements shown by the account current^ less such amount, if any, as is not approved by the court. 273. Seals to copies of orders approving accounts are required, but seals of clerks to affidavits and to copies of orders relative to vouchers are not required. 274. If any part of an account is not approved by the court, the item or items disapproved should be specified. A schedule showing such items, if any, must be attached to the account current, stating seriatim and in detail the reasons for disapproval. 275. The disapproval by the court of an item in an account is con- clusive upon the accounting officers. (See 5 Comp., 131.) 276. All disbursing officers of the United States must render their accounts quarterly, but the Secretary of the Treasury may direct any or all of such accounts to be rendered more frequently if, m his judgment, the public interests so require. (See 26 Stat. L., 413.) FISCAL YEAR AND APPROPRIATION. 277. Receipts, disbursements, and balances under different appro- priations, or under the same appropriations for different fiscal years, must be maintained in aU respects entirely separate and distinct. 278. The fiscal year begins July 1 and ends June 30. The date or dates on which foes are earned, services rendered, or expenses incurred, and not the date of payment, determines tlie fiscal year of the appropriation from which payment covering said items must be made. PREPARATION— GENERAL INSTRUCTIONS. 279. One account should be prepared (upon current forms pro- vided therefor) for each quarter of tlio fiscal 3^ear, excepting in cases where there is a cliange of oificial bond or the marshal is retiring from office, when it may be necessary to render an account for a fractional portion of a quarter. INSTRUCTIONS TO UNITED STATES MARSHALS. 79 280. Each account (unless transactions occur under different bonds) should cover completely all financial transactions involving judiciary funds which occurred during the quarter for which it is rendered; that is to say, should cover completely all such money actually received and all such disbursements and deposits actually made during the quarter, 281. All items of expense incurred, services rendered, and fees earned durmg a given quarter should be paid, as far as may be practicable, prior to the close of business on the last day of the quarter. In order to facilitate this matter vouchers of deputies, jurors, witnesses, bailiffs, and others should be prepared, paid, and arranged promptly and regularly. 282. Vouchers covering items properly payable by the marshal, incurred during any given quarter too late to be examined and paid prior to the close of business on the last day of said quarter, should be included in the account for the succeeding quarter as supplemental items. 283. In like manner propsrly payable items, arising during the in- cumbency of a given marshal but remainmg unpaid after he retires from office, should be paid by the incoming marshal and included in his opening account as supplemental items, provided of course the items are not so old as to necessitate their being handled as claims and for- warded for settlement direct from the Treasury. (See pars. 593 to 600.) 284. Supplem3ntal items for prior quarters (other than the quarter imjiidiatoly pr3C3ding that for which the account is rendered) should be supported by an explanation of the delay in settlement and a cer- tificate to the effect that a careful examination discloses no record of previous payment. 285. Vouchers covering expenses incurred during different fiscal years, different quarters of each fiscal year, and under different appro- priations should be maintained entirely separate and distinct and separately abstracted. 286. All the vouchers and abstracts pertaining to a given account should be forwarded on the same day, together with the account cur- rent, and, excepting in cases where their bulk wiU not permit, in the same package. 287. All vouchers and other papers belongmg to a given account should be placed together in an orderly manner, with the account cur- rent on top, and carefuUy separated by bands or otherwise from any other account or accounts transmitted in the same package. 288. Vouchers and other papers pertaining to an account should be forwarded without being folded, unless larger than 8^ by 14. 80 INSTRUCTIONS TO UNITED STATES MARSHALS. ACCOUNTS CUERENT. (See illustration facing this page.) 289. There must ordinarily be an entirely separate accounting and hence separate accounts current under different bonds, unless one of them is an additional bond. 290. Receipts, disbursements, deposits, or balances for different fiscal years must be showTi in different columns, although carried into a single set of totals. 291. The sum of the debits and the sum of the credits in any given column must in every instance be identical. The entire account current should be a balancmg, self-proving statement. 292. All balances shown to be due the United States, or due the marshal (i. e., overdrafts) by a given account current should be carried forward without change into the succeeding account current (assuming it to be under the same appointment and bond). 293. The total amount of repayments on account of conceded disallowances, or otherwise, placed to the credit of a marshal (check- ing account) during any given quarter, should appear as a credit item; the total amount under each appropriation bemg separately shown. Such credit item should be described as foUows: By amount of conceded disallowances in account for quarter ending , as per abstract herewith. 294. The above-mentioned abstract should be attached to the account current. It should describe fully and in detail the repay- ments and deposits m question. 295. The total balance shown to be due the United States must bo analyzed, as provided by the form. If the Treasurer's statement for the last month of the quarter has not been received when the account is ready to bo transmitted to the department, this analysb may be omitted, the reason for the omission being noted. In such cases it must be prepared later, however, and transmitted to the department promptly after the receipt of the Treasurer's statement. 296. The certificate of the United States attorney in regard to charges iii Chinoso exclusion cases and cases under the internal revenue laws must accompany each quarterly account containing such charges. Form 392 should be used for this purpose. Listructions relative to the order of approval wiU bo found in paragraphs 271 to 275. GENERAL ABSTRACTS. 297. Quarterly accounts in many instances wiU include payments covering expenses incurred during the preceding quarter; also m a few instances payments on account of expenses incurred during still earlier quarters. It is therefore necessary to submit with each account current a general abstract, prepared in triplicate, upon the Tilt United States i AMENDED FORM 14. inth John Doe, United States marshal for the district of — -,fiom July 1, 1914, to Sept. SO, 1914, under bond dated May 25, 1914. To disbursements as shown by abstract lind vouch- Deposited' unexpended balances for fiscal year 1914. Sept. 30, 1914, per deposit No. 434 Balance due the United States 1 United States trom last i No. 847. dated July 20, 1914. . No. 968. dated July 22. 1914. . Warrant No. 1802. dated Aug. 7. 1914.. ;, 305.28 14,745.35 J2,952.60 1,305. 2S I 5,000.00 Expenses: R||"' orpistrlct!-^S" J626.93 IJ3,737.32 I S87.35 ! 700.00 j 6,000.00 300.00 200.00 1,000.00 100.00 t No. 968. dated July 22. t No. 1802. dated A t No. 2488, dated A t No. 3199. dated S( By corrections on account of— Due United States overdrawn.. Total 1,305.28 5,000.00 3,000.00 l.OOO.C 700.00 6,000.0 S123.75 1*4,567.85 54.41 I 82.10 117.00 4,495.85 Support Pay of o? Bailifls, Prisoners, etc. (039.35. 116.80 639.35 17.28 J134.15 I- 46.62 With Treaaurer of United State,? Advanced Witneis Jones, E. Dist. , Mo Otherwise kept (manner and authority for so keeiring) : Overdraft as above 6 Less Out- j^^^ ^CH™™S° BiUNCES. $6, 475. 30 $4, 574. 05 $1, 901. 25 50.00 3,600.00 105.28 895-16. (To face page 81.) INSTRUCTIONS TO UNITED STATES MARSHALS. 81 form provided for tliis purpose, one cop)^ to be filed with the dupli- cate account and two copies sent to the department with the original account. 298. This abstract indicates how much of the total amount dis- bursed under each appropriation covers expenses which were incurred during the quarter for which the account is rendered and how much covers expenses which were incurred during each prior quarter, respectively. The general abstract should be carefully verified. EXPLANATIONS, SUSPENSIONS, DISALLOWANCES, AND RE- QUESTS FOR DECISIONS FROM THE COMPTROLLER. 299. Responses to requests from the Department of Justice for information relative to accounts should be in dupUcate. They should be given immediate attention. 300. For instructions relative to explanations, suspensions, appeals to, and requests for decisions from, the Comptroller, see paragraphs 1075 to 1087, instructions to commissioners. PAYMENT TO INTESTATE DECEDENTS. 301. Before making payment upon the vouchers of a deceased person, upon whose estate letters of administration or letters testa- mentary have not been issued, a special affidavit must be executed by the party in interest and attached to the voucher. Forms for such affidavits will be furnished by the Department of Justice upon appUcation. FEES AND COSTS IN EXTRADITION CASES. (Fugitives from foreign jurisdiction.) 302. Credit for disbursements m extradition cases should be claimed in the regular quarterly accounts, as in other cases, the same rules and limitations being applicable. (See 32 Stat. L., 475.) 303. An abstract of such disbursements separate from and in addition to the regular abstract, showing the voucher and page where each case is to be found, must accompany quarterly accounts. 304. Form 21 should be used for abstracting salaries, fees, and expenses of marshals, and Form 125 for other appropriations. 305. When the entire amount of the marshal's fees and costs in a given extradition case has been definitely ascertained, he should immediately furnish an itemized statement thereof to the judge or commissioner who heard the case, in order that the latter may for- ward to the Department of Justice a certified statement of all fees and costs of every nature therein (includmg his own fees when the hearing is by a commissioner) . 895—16 6 The United States in account current viMay 25, 1914. Salaries, 1 Fees, and. Expenses of Marshals. Pay of Regular , Salaries, Assistant District Attor- Judges. neys. Total. DEBITS. To disbursements as shown by abstract and vouch- «1,305.28 $24,700.99 4,965.38 Deposited unexpended balances for fiscal year 1914, Sept. 30, 1914, per certificate of 2,056.53 Total 1,305.28 31,722.90 CEEDITS. By balance due the United States from last ac- count . . 995 70 By advances: 200.00 1 100.00 \ ! I 3,500.00 100.00 Warrant No 571 dated July 14 1914 1 1,000.00 Warrant No 968 dated July 22, 1914 100.00 200.00 :_ ! 600.00 Vv'arrant No 18G2 dated Vug 7 1914 7,400 00 14,421.92 Warrant No. 3199, dated Sept. 17, 1914 By corrections on account of— Due United States marshal, appropriation overdrawn 600.00 1 105.28 i 3,600.00 i 105.28 Total 1,305.28 1 31,722.90 1 Deposited— With Treasurer of Ui Advanced Witness J< Otherwise kept (mar Total 895—10. (To face page SI.) INSTRUCTIONS TO UNITED STATES MARSHALS. 81 form provided for this purpose, one copy to be filed with the dupli- cate account and two copies sent to the department with the original account, 298. This abstract indicates how much of the total amount dis- bursed under each appropriation covers expenses which were incurred during the quarter for which the account is rendered and how much covei-s expenses which were incurred during each prior quarter, respectively. The general abstract should be carefully verified. EXPLANATIONS, SUSPENSIONS, DISALLOWANCES, AND RE- QUESTS FOR DECISIONS FROM THE COMPTROLLER. 299. Responses to requests from the Department of Justice for information relative to accounts should be in duplicate. They should be given immediate attention. 300. For instructions relative to explanations, suspensions, appeals to, and requests for decisions from, the Comptroller, see paragraphs 1075 to 1087, instructions to commissioners. PAYMENT TO INTESTATE DECEDENTS. 301. Before making payment upon the vouchers of a deceased person, upon whose estate letters of administration or letters testa- mentary have not been issued, a special affidavit must be executed by the party in interest and attached to the voucher. Forms for such affidavits will be furnished by the Department of Justice upon appHcation. FEES AND COSTS IN EXTRADITION CASES. (Fugitives from foreign jurisdiction.) 302. Credit for disbursements in extradition cases should be claimed in the regular quarterly accounts, as in other cases, the same rules and limitations being applicable. (See 32 Stat. L., 475.) 303. An abstract of such disbursements separate from and in addition to the regular abstract, showing the voucher and page where each case is to be found, must accompany quarterly accounts. 304. Form 21 should be used for abstracting salaries, fees, and expenses of marshals, and Form 125 for other appropriations. 305. When the entire amount of the marshal's fees and costs in a given extradition case has been definitely ascertained, he should immediately furnish an itemized statement thereof to the judge or commissioner who heard the case, in order that the latter may for- ward to the Department of Justice a certified statement of all fees and costs of every nature therein (including his own fees when the hearing is by a commissioner) . 895—16 6 82 INSTRUCTIONS TO UNITED STATES MAESHALS. 306. Mai-slials sliould not pay for services of an interpreter in an extradition case unless authorized by the department. 307. If the representative of the foreign Government desires to employ a stenographer to expedite the hearing, the stenographer should be paid by such representative and not by the marshal. 308. No money should be received by the marshal from any source other than the United States on account of fees or expenses in extra- dition cases. 309. A warrant of arrest issued by a commissioner in an extra- dition case may be served outside of the district, but the defendant can not be returned to the commissioner who issued the warrant without a hearing in the district where he was arrested. (See 194 U. S., 205.) EARNINGS FROM INDIVIDUALS AND CORPORA- TIONS. DEPOSITS TO SECURE PAYMENT OF COSTS. 310. A bond or deposit to secure costs must be obtained in ad- vance, covering proposed services for individuals and corporations, unless they arc relieved from prepayment by the act of June 25, 1910 (see 36 Stat. L., 866), or some other provision of law. 310a. Every seaman who is a citizen of the United States is entitled to the benefit of the poor suitor's act (36 Stat. L., 866) upon taking the oath therein prescribed, but this oath relieves onh' the individual who takes it from the prepayment of fees and costs. If the poor suitor prevails, your fees for services rendered in his behalf should be collected and reported in the usual manner. 311. Bonds must be drawn to cover specifically the payment of all costs accruing to the United States. 312. Receipts on Form 63 should be given for deposits made to secure costs. AMOUNTS COLLECTIBLE. 313. Fees and emoluments which were, by law, payable to mar- shals prior to the act of May 28, 1896, are collectible from private litigants. They should be collected promptly and paid to the clerk of the court having jurisdiction, receipts to be taken in duplicate ou Form 71, the originals retained and the ckiplicates attaclied to the marshals' original accounts. (See 29 Stat. L., 179.) 314. Regular fees, as described elsewhere under their respective headings, are collectible from individuals and corporations. 315. In the districts of Arizona, Idaho, Nevada, New Mexico, North Dakota, and Wyoming double fees should bo collected. (For dis- tricts in which double fees are payable to witnesses, see par. 491.) INSTRUCTIONS TO UNITED STATES MARSHALS. 83 316. If the officer serving such process receives from the Govern- ment actual expenses, and such expenses are greater than the mileage, said actual expenses are collectible; if, however, the mileage is greater than the actual expenses, said mileage is collectible. 317. When two or more writs are served on the same trip on behalf of different individuals or corporations, mileage shoidd be collected on each of such writs. 318. When more than two writs are served on the same person on the same trip on behalf of the same individual or corporation, mileage should be collected on only two of such writs. 319. The actual expenses, chargeable against the United States, of making an unsuccessful endeavor to serve process for private litigants should be collected. 320. If objection be made to the directions contained in the pre- ceding paragraphs, the marshal should submit the matter to the court for instructions. (See 15 Comp., 408.) ABSTRACTING AND EEPORTING. 321. Earnings from individuals and corporations should be reported on the abstract of the voucher (Form 21) in which the earnings are shown. All the data contemplated by the form should be furnished. 322. Uncollected earnings, in addition to being shown on Amended Form 21, should be reported on Form 72, and the failure to make collection fully explained. 323. Collections made on account of earnings for prior quarters should be reported on Form 72, but only in the column entitled "Amount paid to clerk." 324. If there are no uncollected earnings and no collections on account of earnings of prior quarters, certificate to that effect, on Amended Form 72, should accompany the account. 325. Receipts from the clerk should be arranged in the order in which the cases are entered on the abstract and attached to the upper left-hand corner. MISCELLANEOUS. 326. If it is necessary that an expense not provided for by section 829 R. S., U. S., be incurred in a case between private litigants, it should not be charged in the marshal's account, but should be paid directly by one or more of the parties to the suit, under an order or rule of court. (See 5 Comp., 871.) 327. In cases between private litigants, the expense of keeping personal property (par. 471 (6) and (o)), when payable to parties other than deputy marshals, should be paid directly (or through the marshal) by the parties to the action, but never from judiciary funds. Such items should not appear in the marshal's accounts. If, how- ever, such ^rvices are rendered by the marshal or his deputies, the 84 INSTRUCTIONS TO UNITED STATES MARSHALS. amount payable by the litigants therefor should appear in the mar- shal's accounts, be collected by him, and paid to the clerk of the court. (See 6 Comp., 827.) 328. Services by a marshal in taking charge, under appointment by the Court, of the property of bankrupts are covered by his salary. If the court should tax against the bankrupt's estate compensation for the marshal's services, and the money is paid to the marshal, it is his duty to turn it over to the clerk of the court as an earning, (See Comp. to Marshal Long, western Kentucky, May 3, 1907, and 30 Stat. L., 545.) PAYMENT OF JUDICIAL AND OTHER SALARIES. GENERAL mSTRITCTIONS. 329. The following salaries are payable monthly by marshals in accordance with notices from the appointment clerk of the Depart- ment of Justice, excepting as to deputy marshals, when notice of the approval of the appointment is sufficient, and as to stenographers, and messengers to judges, and court reporters, when payment should be made upon authorization by the Attorney General. Officials and clerks. District Judges Circuit judges and clerks of circuit courts of appeals., District attorneys, their clerks and messengers , Regular assistant district attorneys .■ , Marshals and their salaried deputies Stenographers to judges, messengers to judges, and court reporters. Appropriations. Salaries, District Judges. Salaries, Circuit Courts. Salaries and Expenses of District Attorneys, United States Courts. Pay of Regular Assistant Attorneys, United States Courts. Salaries, Fees, and Expenses of Marshals, United States Courts. Miscellaneous Expenses, United States Courts. Note.— Salaries, as well as expenses of special assistant attorneys, and .special assistants to the Attorney General, are payable only by the disbursing clerk of the Department of Justice. VOUCHERS AND ABSTRACTS. 330. Form 767 should be used for the payment of salaries of presi- dential appointees. These vouchors should be prepared and certified to by the marshal. 331. Form 746 should be used for the payment of all other salaries above mentioned. The first certificate on this form should be signed by the payee, and the second by the officer under whom the payee serves. 332. Vouchors of clerks of circuit courts of appeals should be certified by the senior circuit judge. 333. Salary vouchors (excepting under "Miscellaneous Expenses, U. S. Courts," as to which see pars. 584 to 587) should bo abstracted alphabetically, and separately under each appropriation, on Form 125. The abstracts should be prepared in triplicate, the original and IISrSTKUCTIONS TO UNITED STATES MARSHALS. 85 triplicate to be transmitted to the department with the quarterly accounts. 334. These payments should be carried directly from Form 125 to the general abstract, Amended Form 15, and the account current, excepting that such payments under the appropriation "Salaries, Fees, and Expenses of Marshals" should be carried from Form 125 to Amended Form 22, and added as a separate item to the total amount otherwise shown on said form at the foot of column 5, entitled "Total paid by United States marshal." 335. Salary payments under ' 'Salaries and Expenses of District Attorneys" should be abstracted on Form 125, as above stated, as a continuation of items of expenses also^ abstracted under this appro- priation. They should, however, be separately grouped on the abstract. (See par. 592.) ^ COMPUTING AND WITHHOLDING SALARIES. 336. In computing amounts payable on account of salaries, the book entitled "Government Salary Tables" should be utilized. A copy of this book may be obtained upon apphcation to the Secretary of the Treasury. 337. Whenever the services of an incumbent of a given position are terminated, and payment of salary is about to be made, it should be remembered that the incoming and outgoing official or employee may not both be paid for the same day. 338. In the computation of salaries (whether yearly or monthly) the following rules should be observed: (a) Each calendar month shall consist of 30 days, and the computation of salary- shall be by each month separately, one-twelfth of an annual salary constituting the compensation for each month. (6) One-thirtieth of a monthly installment of salary is to be allowed for each day of service from the 1st to the 30th, inclusive. The last day of February counts as three days of service for pay purposes (two days in leap years). (c) The 31st day of a month enters into the computation of salary only where there is one day's absence in a nonpay status on that day — that is, absence in a nonpay status did not occur also on the 30th. For such absence on the 31st one day's pay is forfeited. (See 20 Comp., 772 and 867; also Treasury Circular No. 35, Aug. 18, 1914.) 339. Before final payment of salary is made to an outgoing official or employee having in custody Government property, a certificate should be obtained from the Department of Justice showing that said official or employee has satisfactorily accounted for all such property. 340. When any officer of a Territory is absent therefrom and from the duties of his office, no salary shall be paid him during the year in which such absence occurs unless good cause therefor be shown to the President, who shall officially certify his opinion of such cause to the proper accounting officer of the Treasury, to be filed in his office. (See sec. 1884, R. S. U. S.) 86 INSTRUCTIONS TO UNITED STATES MARSHALS. 341. The vouchers of Territorial officers should be accompanied in every instance by a certificate in substantially the following form: I, , of the Territory of , do hereby certify that I have not been absent from said Territory and from the duties of my oflSce during the month of , 19. . , ■without leave from the Department of Justice. 342. No money should be paid as salary to any person appointed during the recess of the Senate to fill a vacancy in any existing office if the vacancy existed while the Senate was in session, and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate. (See sec. 1761, R. S. U. S.) 343. If doubt should arise as to the propriety of payment of salary to a recess appointee or otherwise, payment should be withheld until special instructions have been obtamed from the Department of Justice. 344. In determining the amount due for salaries of retiring deputies it should be understood that the term of a deputy expires with that of his principal, except for the purposes named in sections 789 and 790, Revised Statutes. It should also be understood that a deputy is not entitled to compensation for services rendered in behalf of the successor of the marshal who appointed him unless he has been appointed and quahfied as a deputy of the new marshal. (See 17 Comp., 362). 345. Wliere a marshal was removed from office, and the removal was "to take effect immediately," he is not entitled to compensation after the receipt by him of notice thereof. (See 11 Comp., 452.) OFFICE EXPENSES. 346. The law provides that office expenses of marshals and attor- neys may be allowed when authorized by the Attorney General. Stationery, blank forms, and other miscellaneous supplies for office use are furnished upon requisition, by the Division of Supplies, Depart- ment of Justice. (See pars. 14 to 21.) Expenses for telegrams and long-distance telephone messages sent in accordance with regulations under these headings (see pars. 5 to 12) arc liereby authorized gcn- eraUv. Specific authority must bo procured for other office expenses. (See act of May 28, 1896, sec. 14.) 347. Applications for authority to incur office expenses should be made in quintuplicate on Form 25-B. Two of the five copies wiU he returned and the other three retained for departmental records. 348. Such applications should state clearly the estimated total expense, its nature, and purpose. They should be accompanied by competitive bids or l)y oxj^lanations showing why it is impracticable to procure such bids. INSTRUCTIONS TO UNITED STATES MARSHALS. 87 EXTRAORDINARY EXPENSES. 349. Section 846, Revised Statutes, provides that where the min- isterial 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 may allow the payment thereof, under the special taxation of the court. 350. Should there be unusual difficulty attending the execution of process, anticipated or actual defiance of Federal authority, or other disturbance of an extraordinary character, the marshal should immediately communicate with the department, by wire if neces- sary, recommending as definitely as possible what action appears to be essential and requesting instructions. 351. Expenses should not be incurred ui such matters without previous authorization unless the emergency will not admit of delay, in which event the action taken must be reported to the department at once. 352. Extraordinary expenses are payable from the appropriations out of which ordinary expenses of a similar character are payable. They should be included in a separate voucher or vouchers, accom- panied by the usual affidavit and receipts. 353. Such items nmst be submitted to the court for special taxa- tion under section 846, R. S. U. S. The order taxing the expenses should be separate from and in addition to the order approving the regular quarterly account, and should be in substantially the follow- ing form : Whereas an account rendered by , United States marshal, under the appropriation and for the period from to , contains extraordinary expenses incun'ed in executing the laws of the United States (as fully set forth in the attached voucher), the payment of which is not specifically provided for by law; The said expenses, amounting to dollars and cents, are hereby spe- cially taxed under section 846, Revised Statutes. 354. A certified copy of the order should be attached to and transmitted with the vouchers. " SALARIES, FEES, AND EXPENSES OF MARSHALS, U. S. COURTS.'^ GENERAL INSTRUCTIONS. 355. The following are payable from this appropriation: (a) Salaries of marshals and their salaried deputies. (b) Expenses of travel and subsistence of marshals and their salaried deputies. (e) Fees and expenses of fee deputies. (d) Marshals' office expenses, such as telegraph, telephone, etc. 88 INSTRUCTIONS TO UNITED STATES MARSHALS. (e) Per diems of special deputies; expenses of keeping property seized under mesne process, etc. 356. When an account contains charges in mternal-re venue or Chinese-exclusion cases the certificate mentioned in paragraph 296 must be furnished. 357. Detailed instructions as to the preparation of vouchers under this appropriation and as to the fees and expenses allowable must follow under appropriate headings. ABSTRACT OF VOUCHERS. 358. An abstract of the vouchers (other than those for salaries) should be made on Amended Form 22. The number of each voucher, the name of the marshal or deputy, and the footing of each cohimn of Amended Form 21, should be carried to the proper place on Amended Form 22. 359. Vouchers for salaries of the. marshal and his deputies should be alphabetically arranged and abstracted on Form 125. These abstracts should be prepared in triplicate, the original and triplicate being transmitted to the department with the original account, and the duplicate fded with the duplicate account. 360. The total amount of the payments on account of salaries should be carried from Form 125 to Amended Form 22, and added as a separate item to the total amount otherwise shown on said form, at the foot of the column entitled "total paid by marshal." Amended Form 22 will thus show the total disbursements under this appro- priation. FEES AND EXPENSES OF MARSHALS AND . DEPUTIES. (Payable from the appropriation "Salaries, fees, and expenses of marshals, U. S. courts.") 361. Instructions under this caption are in the following order: Page. 1. Vouchers: General instructions as to preparation 89 2. Vouchers: General instructions as to charges, special features, and payments. 90 3. Abstract of voucher 90 4. Affidavit 91 5. Receipts 91 6. Guards 92 7. Feedinf,' prisoners in marshal's custody 93 8. Keeping personal property — compensation and expenses 93 9. Expenst of travel and subsistence — marshals and salaried deputies: A. General instructions 94 B. Subsistence items 94 C. Travel items 95 D. Trans])(jrting convicts 96 INSTEUCTIONS TO UNITED STATES MARSHALS. 89 10. Fees and expenses of fee deputies: Page. A. General instructions as to compensation 96 B. Maximum compensation and its computation 97 C. Mileage: 1. General instructions 97 2. Transporting defendants for hearing 98 ■ 3. Chinese cases 98 4. Miscellaneous regulations governing 98 D. Actual expenses in lieu of mileage 95 E. Expenses endeavoring to arrest 100 F. Fees for serving warrants, etc 100 G. Fees for attendance before commissioners 101 H. Fees for serving subpoenas, venires, etc 102 I. Fees for committing and discharging prisoners 102 J. Fees and expenses in admiralty cases 103 11. Fee bill 103 VOUCHERS. GENERAL INSTRUCTIONS AS TO PREPARATION. 362. Vouchers should be prepared quarterly, in duplicate. The originals must form part of the original account. 363. The complete record of all services and expenses of the claimant during the quarter should be shown in a single voucher, even though payment in full can not be made. Credit should be claimed only for the portions paid. When final pajTnent is made in a subsequent account, either by the marshal or his successor in office, reference should be made thereon to the record of service filed with the preceding account. 364. Each item should be dated and definitely stated. It should also appear whether it was on behalf of the United States, or other- wise. When supported by receipt, the number of the receipt should be given. Receipts should be numbered, arranged chrono- logically, and attached to the page to which they relate. 365. Items pertaining to only one case should be entered on a given page. When charges for services in the same case are made in different vouchers, or on different pages of the same voucher, cross reference must be made in every instance. 366. The pages should be arranged chronologically with respect to dates of service, and then numbered consecutively. 367. Each page should be separately footed and the totals carried to the proper columns of the abstract. This abstract should be placed before the first page, the affidavit should follow th.c last page, and the whole voucher should be securely fastened within the covers provided for that purpose. 368. Vouchers of marshals and salaried deputies should show constructive fees entered as they would have been charged if the services had been performed by a fee deputy. 90 INSTRUCTIONS TO UNITED STATES MARSHALS. 369. When mileage is less than the expense of a trip, it should not bo carried into the footing of fees. In all cases, however, the number of miles traveled should be shown. GENERAL INSTRUCTIONS AS TO CHARGES, SPECIAL NOTATIONS, AND PAYMENT. 370. Particular dihgence should be exercised in avoiding errone- ous payments under tliis appropriation. Vouchers should be care- fully examined and payment withheld until they have been accu- rately and satisfactorily executed. Charges should be in accordance with the facts, as well as in accordance with law. 371. If the claimant is paid by several checks, a list of the checks specifying date, number, and amount of each should be shown. 372. If a writ is not served when the first trip is made to the vicinity of the place of service, the voucher should show why service was not made. 373. When a defendant is taken before a commissioner for hear- ing and he does not hear the case, a certificate should bo obtained from him and attached to the voucher, explaining fully the circumstances. 374. Passes granting free transportation within State limits should not be used for oflicial business, ABSTRACTS OF VOUCHER. 375. An abstract of each voucher should be prepared on Form 21. The entries should follow the order in which the pagos of the vouchers are arranged. These abstracts should show: (a) In column 1, the gross fees earned by fee deputies in all classes of cases. If actual expenses are taken, mileage should not be included in this column. (h) In column 2, the amount paid to the deputy on account of said fees. (c) In column 3, expenses of travel and subsistence; also guard hire. (d) In column 4, paid items other than the foregoing. (e) In column 5, the totals of columns 2, 3, and 4. (/) In column 6, all service fees, together with mileage, if the latter equals or exceeds the expenses of the trip; otherwise all service fees, together with actual expenses. (The question of the amount paid is not involved in this data. It is for statistical purposes only.) (g) In columns 7, 8, and 9, earnings from individuals and corpora- tions for each case separately, with collections and payments to the clerk of the court on account thereof. INSTEUCTIONS TO UNITED STATES MARSHALS. 91 AFFIDAVIT. 376 Form 20 should be used for the affidavit of a fee deputy, and Form 69 for a marshal or salaried deputy. The amount stated in the affidavit of a fee deputy should cover the total fees and expenses. 377. It may be executed before any one authorized to administer oaths generally, or as provided by the acts of February 21, 1911 (see 36 Stat. L., 927), and August 24, 1912 (see 37 Stat. L., 487). If executed before a notary public or other officer having a seal (except a clerk or deputy clerk of a United States court), he should affix his seal. A notary public should also state when his commission will expire. (See par. 13.) 378. Reimbursement for the expense, if any, of executing affi- davits to such vouchers is not chargeable against the United States. (See 3 Comp., 430, 21 Comp., 791, and 22 Comp., 1.) 379. If the affidavit of a fee deputy can not be executed because of his death, the marshal may certify to the voucher and make pay- ment to his legal representative. (See 3 Comp., 451.) In such in- stances instructions should be obtained from the department before payment. RECEIPTS. 380. Receipts should be taken for the following items whether services were rendered in behalf of the United States or otherwise: (a) Lodging and subsistence of marshal or deputy (other than single meals). (b) Lodging and subsistence of prisoners and guards. (c) For hire of horses or vehicles ; stage fare, and for feed of horses. (d) For guard hire. (e) For parlor car or sleeper (i. e., regular PuUman shps). (/) For the bodies of persons, from the marshal for the district to which they are transported (to be attached to the page of the account to which they relate) . 381. Receipts for expenses should be taken in duplicate, on Form 13, one marked origmal and the other duplicate. The original receipts must accompany the original vouchers. For hotel expenses they should be procured from the clerk, prepared on the ordinary biU heads. They should be prepared with mk or indelible pencil; should show the exact nature of the expense; for whom it was incurred; and if for meals and lodging, the first and last meal. They must of course be signed by the person to whom payment is made. If sig- nature is by cross mark, it must be attested by some person other than the marshal or deputy. 92 INSTRUCTIONS TO UNITED STATES MARSHALS. GUARDS. GENERAL INSTRUCTIONS. 382. The determination of the necessity for guards must ordi- narily bo left to the discretion of the marshal, who is responsible for the exorcise of an economical and business-like control of this matter. Each voucher covering guard hire should show under the heading "Remarks" why the guard was deemed necessary. 383. Trainmen, drivers of vehicles, etc., while on duty as such should not be employed as guards. TRAVELING GUARDS. 384. Trav^ jng guards are compensated as follows: (a) If employed by the marshal, a salaried deputy, or a fee deputy, on a trip for which actual expenses are charged in lieu of mileage; not exceeding S2 per day, chargeable directly against the United States; also subsistence and lodging expenses actually paid by the marshal or deputy, not to exceed $3 per day: Provided, that meals for less than one day should not average over SI each. (6) If employed by a fee deputy, on a trip for which mileage is charged, the only compensation chargeable against the United States is ID cents per mile, allowable to the deputy for each neces- sary guard; hence the deputy must personally compensate such guards, covering both their services and expenses. STATIONARY GUARDS. 385. If stationary guards are necessary at a place where there is no jail, they may be employed and paid not exceeding $2 per day, chargeable against the United States. If, however, the service is continuous, it is permissible to pay a day, and also a night, guard. FORMS. 386. The following forms should be used for vouch ering compen- sation paid to guards: (a) If em])loycd by a fee deputy, as traveling guard when mileage is charged, 11. {h) If employed as traveling guard when actual expenses are charged, 30. (c) If employed for service in transporting prisoners to another district, 30. id) If employed for stationary service, 12. INSTRUCTIONS TO UNITED STATES MARSHALS . 93 FEEDING PEISONEES IN MARSHAL'S CUSTODY. 387. The actual necessary expenses of feeding prisoners, not to exceed $3 per day, while being transported in the custody of a mar- shal or deputy should be paid by him: Provided, that meals for less than one day should not average over $1 each. 388. Prior to placing the prisoner in jail the appropriation "Salaries, fees, and expenses of marshals" is applicable for feeding prisoners, as above stated. After commitment, and also while temporarily in jail, the appropriation "Support of Prisoners, U. S. Courts," is appli- cable. (See 4 Comp., 525.) 389. If it is necessary for a deputy to temporarily place his prisoner in jail, and the jailor demands immediate payment, it may be made by the deputy and included in his voucher under "Salaries, Fees, and Expenses of Marshals, U. S. Courts"; unless the department has a contract with said jailor for the keep of prisoners. (See 13 Comp., 856.) KEEPING PERSONAL PROPERTY— COMPENSATION AND EXPENSES. 390. Such compensation as the court, on petition setting forth the facts under oath, may allow, is payable for the keeping of personal property attached on mesne process. (See par. 471&.) 391. A copy of the petition and order of court must accompany vouchers for such payment. 392. In cases to which the United States is not a party moneys payable to persons other than the marshal or his deputies for keeping property attached under mesne process should be collected from the litigants and paid directly to the respective claimants. Such items should not appear in any manner in the marshal's accounts, nor be paid to the clerk of the court. (See 6 Comp., 827.) 393. A fee deputy is entitled to compensation allowed by the court under section 829, R. S. U. S., for his services in keeping per- sonal property attached on mesne process; but not to his expenses in earning such compensation. (See 4 Comp., 646.) 394. Marshals are not authorized to reimburse fee deputies for expenses of caring for and preserving property seized under a writ of replevin. (See Comp. to Cooper, E. Ark., May 26, 1898.) 395. Expenses incident to keeping, advertising, etc., property seized for violations of the pure-food law are payable from the pro- ceeds of the sale. If the amount realized is less than such expenses the balance only (and in the event no sale is ordered the entire amount) is payable from the proper judiciary appropriations upon the order of the court and the authority of the Attorney General. 94 INSTRUCTIONS TO UNITED STATES MARSHALS. 396. The appropriation "Salaries, Fees, and Expenses of Marshals" is apphcable to expenses of a marshal in guarding property seized under the internal revenue laws, and delivered to liim under the provision of section 3458, K,. S. U. S., when such expenses have been taxed by the court. (See 13 Comp,, 315.) 397. Expenses of a collector of internal revenue incurred in seizing property prior to the issuance of process and before it was turned over to the marshal are not chargeable against any judiciary appro- priation, even when taxed as costs and paid to the clerk of the court. (See 15 Comp., 782.) EXPENSES OF TRAVEL AND SUBSISTENCE OF MARSHALS AND SALARIED DEPUTIES. GENERAL INSTRUCTIONS. 398. For vouchering expenses of travel and subsistence of the marshal or a salaried deputy, the following forms should be used: (a) For service of criminal process, Form 194. (6) For service of civil process, Form 25. Note. — Mileage in civil cases is governed by Sec. 829, R. S. U. S., and not by State laws. Show number of miles traveled in efoery instance. (c) In transacting oflQicial business away from headquarters, other than the service of process, Form 192. 399. Expenses must be itemized and supported by receipts, when required. (Pars. 380 and 381.) 400. The object of each trip should be indicated. Unusual delay at any point, or travel by an indirect or unusual route, must be explained. SUBSISTENCE ITEMS. * 401. Expenses of lodging and subsistence are limited by law to $4 per day for marshals, and $3 per day for salaried deputies. Each day must !);> separately considered. Charges for several days may not be averaged. (See 4 Comp., 418.) 402. The daily expense begins with breakfast and ends with lodging. (See 7 Comp., 338.) The cost of each meal must be sepa- rately shown. Charges for meals at official headquarters are not ordinarily allowable. (See 17 Comp., 276.) 403. Fees to waiters, not exceeding 45 cents per day (when not prohibited by State law), and when there is continuous absence from headquarters for six days or more, laundry, at not exceeding the rate of $6 per montli, will be allowed as part of and within the maximum per diem for subsistence. INSTRUCTIONS TO UNITED STATES MARSHALS. 95 TRAVEL ITEMS. 404. Marshals and salaried deputies, in addition to expenses of lodging and subsistence, are entitled to actual traveling expenses, as provided by law. (See 29 Stat. L., 183^ and 35 Stat. L., 640.) 405. Charges for hire of vehicles, which will be allowed only when the necessity therefor is clearly shown, should specify when and between what points they were used, as well as the distance traveled. Street cars or public-service vehicles should be used whenever prac- ticable. 406. The points between which travel is made on radroads must be shown. Roimd trip tickets shoidd be used whenever practicable and economical. 407. The cost of a berth in a sleeping-car is held to be a traveling expense and not an expense for lodging. (See 3 Comp., 386.) 408. Marshals and deputies are not entitled to reimbursement for expenses as follows: (a) Incident to delay upon private business. (&) For travel to serve a writ issued from a court in another dis- trict if the writ does not run out of the district in which issued. (See 4 Comp., 642.) (c) For payments made to his wife at a fixed rate for subsistence at his home, in a place other than official headquarters. (See 21 Comp., 518.) {d) Traveling to make personal service of a venire on a person who resides elsewhere than at the place where the court is to be held. (See 19 Comp., 339.) (e) For use of his own means of conveyance. (See 21 Comp., 219.) / (/) Incident to transporting or recapturing a prisoner whose escape is due to neghgence. (See 15 Comp., 507.) 409. Marshals and deputies are entitled to reimbursement of expenses as follows : (a) Incident to accompanying a jury of view (within the usual limitations). (See pars. 38 to 40.) (6) Necessary porterage (when not prohibited by State law) on sleeping cars, not exceeding 25 cents per day, or parlor cars not ex- ceeding 15 cents per day, for the marshal, each deputy, each prisoner, and each guard. (c) While accompanying revenue ofiicers in raiding illicit distil- leries up to the time of making arrests, subject to the limitation of $5 per day, provided they are engaged on internal-revenue business exclusively, such compensation being payable from the appropriation made for the Internal-Revenue Sers^ice. (See T. D. 2167, Mar. 1, 1915.) 96 INSTRUCTIONS TO UNITED STATES MARSHALS. (d) Fees earned and expenses incurred in transporting without warrants offenders arrested in the act of operating illicit distilleries. (See 16 Comp., 669.) (e) Where a room in a hotel is occupied jointly by a Government employee and his wife, only one-half of the hotel's charge for the room may be reimbursed such employee. (See 21 Comp., 599.) (/) Actual reasonable cost of provisions carried for use on a trip if properly described in the voucher. (g) Reasonable fees actually paid to expressmen and porters who handle baggage on arrival at and departure from hotels and stations will be allowed as expenses of travel, when not prohibited by State law. 410. A salaried deputy who takes a prisoner before other than the nearest commissioner is entitled only to expenses which would have been incurred had he been taken before the nearest one. (See 17 Comp., 949.) TRANSPORTING CONVICTS. (Chargeable under "Salaries, Fees, and Expenses of Marshals.") 411. The reasonable actual expense of transporting convicts to a prison outside of the district are ordinarily allowable. (See par. 471 {u); also 164 U. S., 82.) 412. Form 6 should be used in vouchering all such expenses. 413. If a marshal removes a prisoner adjudged insane before trial to the Government Hospital for the Insane, under instructions of the Attorney General, he is entitled to his actual expenses, with the usual limitations. (See 3 Comp., 151.) 414. If, by reason of negligence, a prisoner escapes, but is recap- tured and committed, reimbui-sement may be made for the expense incurred in transporting, less that portion caused by tte escape and recapture. (See 20 Comp., 159.) 415. The receipt of the prison authorities for the bodies of convicts delivered should be obtained and attached to the expense account. 416. If the time required to reach a point where prisoners are delivered is less than one day (24 hours), a stop-over of 12 hours will be allowed at the point of destination; if the time required is one day (24 hours) or more, a stop-over of 24 hours wiU be allowed. FEES AND EXPENSES OF FEE DEPUTIES. GENERAL INSTRUCTIONS AS TO COMPENSATION. 417. Fee deputies are entitled to : (a) The gross fees earned, including mileage, not to exceed $1,500 per fiscal year, or at that rate for a portion of a fiscal year. (See 36 Stat. L., 1355.) (&) Actual expenses endeavoring to arrest, not exceeding $2 per day. (See par. 471 (r).) IXSTRUCTIOXS TO UXITED STATES MAKSIIALS. 97 (c) Actual expenses, if preferred, in lieu of mileao;e. (See 36 Stat. h., 1355.) (d) Not to exceed $5 per day as possemen or guides, inclusive of actual expenses, when accompanying revenue officers in raiding illicit distilleries. Such compensation, which ceases when the arrest is made, is payable from the appropriation for the Internal-Revenue Service. (See Treasury Circular 2167.) 418. Form 26 should be used for fees and expenses in the service of warrants of arrest and subpoenas, and in the transportation of prisoners within the district. Form 54 for the service of a capias or bench warrant. 419. If charges are made under a State fee bill (par. 471 (f)), the voucher should give definite statutory reference thereto. MAXIMUM COMPENSATION AND ITS COMPUTATION. 420. If the fees earned amount to $1,500 before the end of the fiscal year, fee deputies must nevertheless continue to serve during the whole year in order to be entitled to the entire maximum com- pensation. Actual expenses may be allowed in lieu of mileage after the maximum has been earned; also expenses, not exceeding %2 per day, endeavoring to arrest. (See 3 Comp., 575.) 421. The earnings of a given quarter may be paid to cover a deficiency in another quarter of the same fiscal year. (See 3 Comp., 226.) 422. Fee deputies may be allowed such proportion of the maxi- mum compensation as the number of days of service bears to the number of days in the year. (See 6 Comp., 778.) 423. If a marshal notifies a fee deputy of his predecessor that he will be retained, and later formally appoints him, the formal appoint- ment may be considered as a confirmation of the prior actual ap- pointment, and the deputy is entitled to have his maximum com- pensation computed accordingly. (See 13 Comp., 501.) 424. The sending of writs to a former fee deputy by a reappointed marshal for service is held to be equivalent to a reappointment of said deputy. (See 12 Comp., 766.) MILEAGE. GENERAL INSTRUCTIONS. 425. Mileage for travel to serve process and transport prisoners is prescribed by section 829, R. S. U. S. (par. 471 (w) and (t), re- spectively). Mileage in civil cases is governed by the section above mentioned and not by the State fee bill. 426. When a fee deputy serves several writs upon the same trip, he must elect to take mileage or actual expefises for the whole trip. He ma}" not be allowed mileage in part and expenses in part. (See 1 Comp., 128; 6 Comp., 963.) 895—16 7 98 INSTRUCTIOXS TO UNITED STATES MARSHALS. MILEAGE FOR TRANSPORTING DEFENDANTS FOR HEARING. 427. Defendants (excepting as stated in pars. 429, 438) must be taken l)efore the nearest commissioner or the nearest judicial officer having jurisdiction; otherwise no mileage is allowable. (See 2moval. (See Comp. Feb. 28, 1908, to marshal, Colorado.) 431. Persons arrested on writs of capias need not be taken before the nearest commissioner, but should be takeji directly to court, if in session, unless the defendant desires to give bond f'or his appear- ance. (vSee Comp. Oct. 17, 1900, to marshal, western district V'ifgiuia.) MILEAGE IN CHINESE DEPORTATION CASES. 432. The district att(H-n"y may designate the commissioniM' within his district before whom Chinese arrested for being unlawfully in the United States shall be taken for hearing. (See 31 Stat. L., 1093.) 433. If a commissioner other than the nearest one is so designated, til" iK'ccssity therefor sliould be fully <>xplained. MISCELLANEOUS REGULATIONS GOVERNING MILEAGE. 434. Fe<> d<'j)uties are entitled to mileage: («) From tli<> place where the service of pro(ivs is actually entered upon, not ^Tcaler. however, tlian from (he |)lace where it isaxtually received. (See4 Comp.. r>Kl.\ {!)) One mileajj;(' only, irresjjective of the numix'rof writs cxcciilfwi. (Sec :i('omii.. 2:W. ;ui.l i:i Comp.. :i()7.) IXSTKUCTIONS TO UXITEO STATES MARSHALS. 99 ((■) For travel to serve writs demaiidinp; immediate action, althoii<;h Ihe defendants may have moved to a locality nearer to another de])uty. ((/) For travel to collect money in satisfaction of writs of execution. (See 5 Comp., 220.) (e) For transporting on a' writ of commitment a prisoner who escapes, provided the prisoner is recaptured and the writ executed. (See 11 Comp.. 117.) (/) For 100 miles only, serving a subpoena in a civil case, when the witness lives in another district but not more than 100 miles from the place of holding court. (See 7 Comp., 812.) 435. Fee deputies are not entitled to mileage: (a) For serving process for poor litigants when tlie fees are not collected. (See 8 Comp., 380.) (6) For traveling without process to bring prisoners temporarily committed before a commissioner for final hearing. (See 16 Comp., 295.) (c) For traveling upon unexecuted writs (see 3 Comp.. 147) or for travel without cost. {d) For clearly unnecessary travel. (See 8 Comp., 233.) (e) For traveling without process merely to notify witnesses that they have been subpoenaed. (See 4 Comp., 369.) (/) For traveling, under orders, to take a jnisoner before other than the nearest commissioner. (See 12 Comp., 183, and 15 Comp., 142.) {g) For transporting a prisoner arrested under the Chinese exclusion act to the commissioner who issued the warrant, there being a nearer officer authorized to hear the case. (See 2 Comp.. 457.) (h) For transporting a prisoner arrested at the instance of his surety during a session of court. (See 6 Comp.. 449.) (i) For transporting a prisoner who escapes through negligence before the writ of commitment is executed. (See 12 Comp., 435.) {k) For transporting a prisoner who escapes without fault of the deputy prior to his production before the committing magistrate for hearing. (See 13 Comp., 316.) (l) For traveling to attend a hearing before a commissioner. (See 7 Comp., 242, and 15 Comp., MS., 608.) (m) For serving subpoenas in civil cases when the witness lives in another district and more than 100 miles from the place of holding court. (See 11 Comp., 634.) ACTUAL EXPENSES IN LIEU OF MILEAGE. 436. A fee deputy may elect to take actual expenses on any trip in lieu of mileage. (See par. 471 (ic).) He may not, however, receive expenses for a portion of a trip and mileage for another portion. Actual expenses are allowable to the place where service is made and return to the place where service was started or to his official station. (See 6 Comp., 926 and 963.) 437. A fee deputy who elects to take actual expenses in lieu of mileage transporting prisoners committed to jail by a commissioner is entitled to such expenses for himself, prisoners, and necessary guards, including the per (hem compensation for guard service. (See 7 Comp., MS., 464.) 438. A fee deputy may be allowed actual expenses but not mileage for traveling with a writ of commitment to. get possession of a pris- oner. (See 11 Comp., 248.) 100 TXSTRUCTIOXS TO UNITED .STATES MARSHALS. EXPENSES ENDEAVORING TO ARREST. 439. Fee deputies (whether employed in single or double fee districts, and whether the endeavor is or is not successful) are entitled to actual necessary expenses not to exceed $2 per day incurred in endeavoring to arrest under process persons charged with or convicted of crime. (See par. 471 (r).) If the endeavor is not successful, the voucher should show specifically what efforts were made, the points between which travel was made, and the distance traveled each day. 440. Expenses for consecutive days for a given trip may be aver- aged. (See 16 Comp., 487.) They are allowable only prior to arrest, and only when process is in hand. (See 3 Comp., 665.) 441. Such expenses may be allowed for endeavoring to execute an attachment on a defaulting witness for contempt of court. (See 13 Comp., 359.) 442. Expenses of a deputy endea\oring to arrest are allowable in connection with the execution of search warrants. (See Comp. to Auditor, Feb. 1, 1916.) SERVICE FEES. GENERAL AND MISCELLANEOTJS. 443. Fees are allowable to fee deputies for serving the process of poor litigants only if collection is made from the litigants. (See 8 Comp., 380.) 444. Fees for serving a petition in bankruptcy are not allowable. (See 21 Comp., 439.) 445. Only fees specifically provided by law for the particular service rendered are allowable for services in behalf of parties to suits. (See 3 Comp., 733.) . WARRANTS AND OTHER LIKE WRITS. 446. Fees for the service of warrants, writs of possession, etc., are prescribed by section 829, R. S. U. S. (See par. 471 (a) and (/").) 447. If two or more warrants issued for the arrest of a person charged with two or more offenses are delivered to the marehal for service, fees are allowable for serving each of them. (See 3 Comp., 261.) 448. In vouchering charges for serving a capias or bench warrant, it must bo shown wlietluM- defendant was on bail, and if so whether the r(^cognizance was forfeited, the defendant in default, or the war- rant issued upon the order of the court. (See 24 Stat. L., p. 541.) 449. Service foes are allowahle as follows: (a) When Iho roinmissioner did not have juri.'sdiction, provided the warrant with the complaint or aHidavit attached did not show on its face .<*uch lack of authority. (See 5 Comp., 299.) INSTBUCTIONS TO UNITED StATES MA^i'^AL^'i ' . 101 (/;) For wariants of removal. (See 10 Comp., 386.) {(■) For capias specially ordered by the court to issue when the (lefendaiit is on bund. (See Comptroller to Marshal, western district of Virginia, Jan. 5, 1900.) (d) When the defenda\it is on bond for another offense. (See 8 Comp., 197.) (e) F'or lawful search warrants. (See Comp. to Attorney General, Jan. 14, 1916, and to Auditor, Feb. 1, 1916.) (/) For writs of attachment issued by the cuurl in another district for defaulting witnesses. (See 3 Comp., 246.) {[/) For writs of habeas corpus ad tesiilicaiidum, anywliere in the United States. {See 6 Comp., 926.) (/)) I'^or commissioner's mandate under section 1042, R. S. U. S. (See 3 Comp., 161 and 15 Comp., 142.) 450. Service fees are not allowable as follows: (a) When the writ shows on its face that it was illegally issued. (See 6 Comp., 213.) (6) For serving orders to bring prisoners in custody into c<;urt or lor I'emanding pris- oners from the couit into custody. (See 15 Comp., 641.) (c) For commissioner's warrants in internal revenue cases issued upon complaints of private citizens not first approved in w riting by the district attorney. (See 4 Comp., 448 and 672.^ (d) For attachments issued by conuuissioners fur defaulting witnesses. (See 7 Comp., 389.) {e) F^or scire facias issued in another district. (See 3 Comp., 526, and 9 Comp., 331.) (f) For publishing notices to claimants in proceedings in rem brought by the United States for the seizure of goods under the customs laws. (See 13 Comp.. 170.) (g) For serving warrants in which there is not a sufficient de.scription by name or otherwise of the person to be arrested to enable identification, i.e.. •simple John Doe warrants. (See 16 Comp.. 891.) FOR ATTENDANCE BEFORE COMMISSIONERS. 451. Fees for attending examinations before coniniissioners are prescribed by section 829, R. S. U. S. (See par. 471 (v).) 452. Usually only one deputy is necessary; if two are in attendance the necessity should be shown. If the hearing is held at the head- quarters of the marshal or a salaried deputy, and the attendance of more than one ofhcer is necessary, the. marshal or a salaried ileputy should attend. 453. If a deputy attends before different commissioners on the same day, one per diem is allowal.lo for rttendance before each commissioner. Only one per diem, however, is allowable for attend- ance before the same commissioner in different cases on the same day. (See 14 Comp., 66.) 454. Per diems of more than two deputies in the same case on the same day are not allowable. (See par. 471, (v).) 455. A fee deputy is entitled to a per diem for attending before a commissioner in the absence of the defendant upon continuance of an examination (see 5 Comp., 250) and when a prisoner arrested on capias is released on bond. (See 5 Comp., 252.) 456. A per diem is not allowable for attending before a district judge unless he is sitting as a committing magistrate. (See 13 Comp., 359.) 102 INSTIJUOTIOXS TO UXITED STATES MARSHALS. SUBPCENAS, VENIRES, ETC. 457. Fees for service of subpoenas and venires are prescribed by section 829, R.S. U.S. (See par. 471 (e) and (c).) , Form 55 should be used for service charges on court subpoenas, and Form 34 for venires. 458. Only one subpoena should be issued and served for a witness needed in two or more cases at the same term of court. (Sec. 877, R. S. U. S.) 459. The total amount of the fees, uicluding mileage for serving venires, for a given term of court may not exceed S50. This limit applies to double as well as single fee districts. Actual expenses in lieu of mileage are not considered in computing the total amount of the service fees. 460. Fees are alloivable for serving subpoenas in the following instances : (a) When issued by the court for witnesses to appear before com- missioners. (See 9 Comp., 86.) (6) For witnesses in antitrust cases whether residing within or without the district. (See 1st Supp. R. S., 763.) 461. Fees are not allowahle for serving subpoenas as follows: (cr) By deputy upon himself. {h) Issued by a commissioner for witnesses residing outside of his district. (See 8 Comp., 276.) (c) When not dehvered or read to the witnesses. (See 9 Comp., 86.) (f/) By mail, excepting in civil cases other than equity and admi- ralty when authorized by State law. (See 5 Comp., 210.) COMMITTING AND DISCHARGING PRISONERS. 462. Fees for committing and discharging pi'isoners are prescribed by section 829, R. S. U. S. (See par. 471 {s).) 463. A fee deputy is not entitled to fees for — (a) Committing prisoner without a duly issued writ. (See 2 Comp., 655.) (6) Discharging a prisoner not actually in his custody. (c) Serving a second final commit meiit issued by a commissioner. (See 19 Comp., MS., 544.) id) Delivering a prisoner to tlu^ custody of a marshal. {e) Discharging a prisoner who has been bonckMl to ai)i)ear before a commissioner. (See 2 Comp.. 550 and 603.) 464. A defendant who gives bond for his a})j)carancc for a hearing before a commissioiu^r comes again into the custody of the marshal upon being held for court, and the fee for disciiarging him upon bail is allowable. (See 2 Comp., 550.) INSTRUCTIONS TO UNITED STATES MARSHALS. ' 103 FEES AND EXPENSES IN ADMIRALTY CASES. 465. Fees and expenses in admiralty cases are prescribed by sec- tion 829, R. S. U. S. (See par. 471 (/) and (m) to (q).) 466. The fees to wliich a fee deputy is entitled in admiralty oases (other than those prescribed by section 829, R. S. U. S.) are those provided for by the State practice in such cases. (See Comp. to Marshal of New Jersey, Sept. 25, 1915.) 467. Section 829, R. S. U. S. (par. 471 (o)), limits the hire of keepers to S2.50 for each day of twenty-four hours. (See 1 Comp., 309.) Further instructions concerning the expenses of keeping per- sonal property will be found in paragraphs 390 to 397. 468. Wliere a rule or practice of the court in admiralty cases re- quires the issuing of a writ for the release of an attached vessel, a fee deputv is entitled to the usual fee for serving such writ. (See 4 Comp., 369.) " 469. A bill of sale of a vessel is a deed within the meaning of the provision in section 829, R. S. U. S., which fixes a fee of %5 "for draw- ing and executing a deed." (See 5 Comp., 759.) 470. A marshal is not authorized to pay the costs in pauper cases for publishing a monition in a suit in admiralty against a vessel or of keeping the vessel while in his custody. (See 7 Comp., 203, and 36 Stat. L., 866.) FEE BILL. 471. Section 829, Revised Statutes: (a) For service of any warrant, attachment, summons, capias, or other writ, except execution, venire, or a summons or subpoena for a witness, two dollars for each per- son on whom service is made. (6) For the keeping of personal property attached on mesne process, such compen- sation as the court, on petition setting forth the facts under oath, may allow. (c) For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or thirty-three and one-third cents each. (d) For holding a court of inquiry or other proceedings before a jury, including the summoning of a jury, five dollars. (e) For serving a writ of subpoena on a witness, fifty cents; and no further compen- sation shall be allowed for any copy, summons, or notice for a witness. (f) For serving a writ of possession, partition, execution, or any final process, the same mileage as is allowed for the service of any other writ, and for making the service, seizing or levying on property, advertising and disposing of the same by sale, set-off, or otherwise according to law receiving and paying over the money, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the States, respectively, in which the service is rendered. ((/) For each bail bond, fifty cents. (/;) For summoning appraisers, fifty cents each. [j) For executing a deed prepared by a party or his attorney, one dollar. ik) For drawing and executing a deed, five dollars. {I) For copies of writs or papers furnished at the request of any party, ten cents a folio. 104 INSTRUCTIONS TO UNITED STATKS MARSHALS. {in) For every proclamation in admiralty, thirty cents. in) For serving an attachment in rem or a libel in admiralty, two dollars. (o) For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents a day. (p) When the debt or claim in admiralty is settled by the parties without a sale of the property, the marshal shall be entitled to a commission of one per centum on the first five hundred dollars of the claim or decree, and one-half of one per centum on the excess of any sum thereof over five hundred dollars: Provided, That, when the value of the property is less than the claim, such commission shall be allowed only on the appraised value thereof. iq) For sale of vessels or other property under proce.ss in admiralty, ()r under the order of a court of admiralty, and for receiving and paying over the money, two and one-half per centum on any sum under five hundred dollars, and one and one-quarter per centum on the excess of any sum over five hundred dollars. (;■) For expenses while emploj'ed in endeavoring to arrest, under process, any per- son charged with or convicted of a crime, the sum actually expended, not to exceed two dollars a day, in addition to his compensation for service and travel. (s) For every commitment or discharge of a prisoner, fifty cents. (t) For transporting criminals, ten cents a mile for himself and for each pris(jner and necessary guard; except in the case provided for in the next paragraph. (u) For transporting criminals convicted of a crime in any district or Territory- where there is no penitentiary available for the confinement of convicts of the United. States, to a prison in another district or Territory designated by the Attorney General the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistence and hire. (v) For attending examinations before a commissioner, and bringing in, guarding, and returning prisoners charged with crime, and witnesses, two dollars a day; and for each deputy not exceeding two, necessarily attending, two dollars a day. (w) For travel, in going only, to serve any process, warrant, attachment, or other writ, including writs of subpoena in civil or criminal cases, six cents a mile, to be computed from the place where the process is returned to the place of service, or, when more than one person is served therewith, to the place of service which is most remote, adding thereto the extra travel which is necessary to serve it on the others. But when more than two writs of any kind required to be served in behalf of the same party on the same person might be served at the same time, the marshal shall be en- titled to compensation for travel on only two of such writs; and to save unnecessary expense, it shall be the duty of the clerk to insert the names of as many witnesses in a cause in such subpoena as convenience in serving the same will permit . (x) In all cases where mileage is allowed to the marshal he may elect to receive the same or his actual traveling expenses, to be proved on his oath, to the satisfaction of the court. Note. — In Arizona, Idaho, Nevada, New Mexico, .Xorih l>ak(ila, and Wyoming fee deputies are entitled to only regular single fees, allhiui^li (l(iubl(> I'cc.-^ are coljccliblc from individuals and corporations. FEES OF JURORS. GENERAL INSTRUCTIONS. 472. Ill c.jiscs wh court, to pa\- the jurors. (See sec. 855, 11. S. U. 8.) 473. Notwithstandino; tlie provisions of section S46, H. S. V. S.. tlie ordinary dili. These groups should be brought together and the entire set of vouchers for the whole quarter numbered consecutively. They should be fastened together at the upper left-hand corner. 486. Vouchers for each term of court should be abslracted on Form 740. Each page should l)e footed and the total carried for- ward. Care should be taken to have the certificate of the clerk on the last sheet of this form. The gross amount of each completed abstract on Form 740 should be carried to Form 125, and the total of Form 125, representing the disbureements of the entire quarter, should l)e can-ied to the geneial abstract. 487. An analysis of disbursements nuist also be prepared upon the form provided. If there are no disbursements the anah'sis should, nevertheless, be forwarded witli a notation thereon, accord- higly. Separate analyses should be made for supplemental items only when such items pertain to dijferent fiscal years. AU columns on the form should be ])ioperly footed and the totals carried forward throughout . FEES OF WITNESSES. GENERAL INSTRUCTIONS. 488. Paragraph 473, relati\^e to the exercise of diligence in effecting the accurate payment of jurors, notwithstanding possible erroneous orders, is a])plicable also to witnesses. 489. Witnesses ordinarily' receive per diems and mileage, but salaried employees of the Government are entitled only to actual expenses. In certain cases such employees are paid by the marshal, an])riate headings. PER DIEMS AND MILEAGE. 490. Witnesses (othei ^han convicts, seamen, and salaried em- ployees (►f the Government) are entitled to .11.50 for each day's atten{hinc(>, ajid 5 ccjits per miU> for the distance necessarily traveled hi going to testify and reluming liome by the shortest ])racticable route, excepting as folhnr.s: IXSTRUCTIOXS TO UXFLED STATES MARSHALS. 107 491. In Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oiegon, Utah, Washington, and Wyoming witnesses other than those attending before commissioners, are entitled to -|3 per day, both for attendance and for the time consumed in traveling to attend and returning home. Also 15 cents for each mile necessarily traveled over any stage line, or by private conveyance, and 5 cents for each mile by railway or steamship. (See sec. 848 R. S. U. S.; 35 Stat. L., 377; 2 Comp., 66.) 492. Constructive or double mileage, by reason of having been summoned as both a witness and juror, or as a witness in two or more cases pending in the same court and triable at the same time, is not allowable. (See 35 Stat. L., 377.) 493. When a witness is subpoenaed in more than one cause between the same parties, at the same court, only one travel fee and one per diem compensation shall be allowed for attendance. Both shall be taxed in the case fii'st disposed of, after which the per diem attendance fee alone shall be taxed in the other cases in the order in which they are disposed of. (See sec. 848, R. S. U. S.) 494. Witnesses who reside at the place where they attend should not be paid for days on which court is not in session, and no service is rendeied. 495. Officers of the United States courts should not be paid witness fees in a matter wherein they mav be officiating. (See sec. 849, R. S. U. S.) 496. Paragraph 480, relative to the computation and verification of mileage for juroi"s, is applicable also to witnesses. 497. Officers who are compensated by fees are entitled to the ordinary per diems and mileage of witnesses. ACTUAL EXPENSE WITNESSES. 498. Officers and employees of the United States are entitled only to actual and necessary expenses, stated in items and sworn to, incuiTed in going, returning, and attending on the court as witnesses. (See sec. 850, R. S. U. S.) Charges for subsistence are fimited to a maximum of $5 per day. (See 38 Stat., 318, and Comp. to Atty. Gen., Mar. 24, 1916.) 499. Such actual expenses, however, are not payable by the marshal from the appropriation "Fees of Witnesses" if it was the official duty of the officer, employee, or agent to investigate the facts upon which the proceedings are based and to appear in his official capacity to testify as to the facts so acquired, unless there is no appropriation controlled by the department under whom the officer or employee serves, applicable to the payment of his expenses. (See 16 Comp., 411.) 108 INSTHTCTIOXS TO UNITED STATES MARSHALS. 500. The above rule is not applicable — (a) To the attendance of employees of the Secret Sei-vice, wlio are payable in all cases by the marshal from the appropriation " Fees of Witnesses, U. S. Courts." (See 38 Stat. L., 836.) (b) To the attendance of collectors and deputy collectors of internal revenue, surreyore, clerks, messengers, and janitors in internal revenue offices, who are also payable by {ho marshal from the appropriation "Fees of Witnesses, U. S. Courts," provided they are regularly subpoenaed. (See 38 Stat. L., 1017.) 501. Treasury Department Circular 1363 requires (k'puiy col- lectors to serve without subpoena up to tlie time the defendants are held or bound over for trial. If the services of a deputy collector are required as a witness after a prima facie case has been made, he is required to respond, as a rule, only to a subpcena. 502. Items in accounts of actual exp(Mises of employees of the Post Office Department and keepers of life-saving stations, serving as ^^^tnesses, for money paid to substitutes, should not be paid by marshals. (See 30 Stat. L., 441 and 16 Comp., 630.) 503. United States soldiers attending as witnesses should, before payment is made, be required to produce their travel order, or leave of absence, in order that it may be determined whether transporta- tion was furnished by the War Department. 504. Employees whose salaries are payable from the a|)propria- tion for the suppression of the liquor traffic among the Indians, may be paid actual expenses for services as witnesses, under section 850, R. S., l^. S., it being no part of their official duty to aid in the con- duct of such prosecutions. (See Dept. Circular 104, Oct. I, 1914.) SPECIAL PROVISIONS AS TO SEAMEN AND OTHERS. 505. There shall be paid to each seaman or other person who is sent to the United States from any foreign port, station, sea, or ocean, by any ITnited States minister, charge d'affaires, ccmsul, captain, or com- mander, to give testimony in any criminal case, such compensation, exclusive of subsistence and transportation, as the court may adjudge to be proper, not exceeding SI for each day necessarily employed in such voyage, and in arriving at the place of examination or trial. In fixing such compensation, the court shall take into con- sideration the condition of said seaman or witm^ss. and whether his voyage has been broken up, to his injury, by his being sent to the United States. (See sec. 851, R. S. U. S.) 506. When such seaman or person is transported in an armed vessel of the UnitcMl States, no charge for subsistence or transportation shall b(^ allowed. WluMi he is transported in any other vessel, the compen- sation for his transportation and subsistence, not exceeding in any case 50 cents a day. may be fixed by the court, and sliall be paid to the captain of said ncssc] accordingly. (See s(>c. S51 K. S. U. S.) IXSTRUCTIOKS TO UNITED STATES MARSHALS. 109 WITNESSES BEFORE COMMISSIONERS. 507. Instructions pertaining to this matter will \)o found in ])ara- graphs 1005 to 102S, instructions to commissioners. DETAINED WITNESSES. 508. When a witness is detained in prison for want of security for his appearance, he is entitled in addition to his subsistence to a com- pensation of $1 per day. (See Sec. 848, R. S. U. S.) 509. A person convicted of crime brought before a commissioner to testify as a witness, is not entitled to mileage or fees. (See 9 Comp., MS. 860.) 510. A person in custody awaiting trial for an alleged offense, attending before a commissioner as a witness, is entitled to the usual fees. (See 6 Comp., 588.) 511. The compensation of SI per day for detained witnesses is not applicable to aliens, who, after having been ordered deported, are detained as prospective witnesses. Such aliens are not entitled to any stated sum of money for each day's detention. The cost of their maintenance and necessary expenses incident to their detention are payable by the Department of Labor. (See 11 Comp., 727.) 512. An alien properl}^ subpoenaed and later released on bond for his appearance, is entitled to the usual per diems and mileage as a witness. During his release on bond, however, he is not entitled to a per diem of SI as a detained witness. If such alien is committed to prison on account of failure to give the necessary recognizance, ha is entitled to a compensation of $1 per day under section 848, R. S. U. S., for the actual time detained. (See 15 Comp., 787.) 513. Alien witnesses transported under writs of habeas corpus ad testificandum at the expense of the United States are entitled only to the usual per diem of SI. 50 for each day's attendance in court. If they are discharged from custody after testifying they may be paid return mileage. The Government is not liable to pay both actual expenses and mileage at the same time. (See 16 Comp., 727.) VOUCHERS, ABSTRACTS, AND ANALYSES. 514. The following forms are used for witness vouchers: Form 685, when 5 cents per mile is payable. Form 686, when 15 cents per mile for overland travel is payable. Form 685 or 686, adapted to meet the special requirement, when payment is made to detained witnesses. Form 2, when actual expenses are payable. 515. Vouchers for actual expenses must be itemized, supported by affidavit, and accompanied by receipts for hotel and livery bills, stage 110 IXSTHrCilOXS T(i rXllKl) .STATKS MAHSllAI.S. fare, etc. Departmontal regulations governing actual expenses are not applicable to actual expenses of witnesses. (See 18 Conip., 992.) 516. Such accounts should be passed upon and ordered paid bv the court and abstracted as other vouchers. 517. The instructions in paragraphs 482 to 487, relative to vouch- ering, abstracting, and analyzing vouchers for payment to jurors, are applicable also to witness vouchers. 518. Witness rolls of commissioners should be arrangetl chrono- logically for each commissioner, fastened together at the upper left- hand corner, and abstracted on Form 125. The abstract should show the number and amount of each voucher and the title of each case. The total of this abstract should be carried to the regular abstract of pa3mients to court witnesses. MISCELLANEOUS MATTERS CONCERNING WITNESSES. 519. Witnesses attending in United States cases before justices of the peace, or other State officers authorized to hold preliminarv ex- aminations, or before examiners of the Pension Bureau, are payable (when the fees are properlv taxed) bv marshals. (See 22 Stat L 174.) 520. A witness who, in obedience to a court subpoena, attends before a special examiner to give testimony for the United States in a case then ])ending, is entitled to the same fees and mileage as a court witness, payable only by order of the court and upon certificate of the examiner. (See 15 Comp., 133.) 521. Witnesses in condemnation proceedings should l)e paid the usual fees from the appropriation "Fees of Witnesses, V. S. Courts," uidess by the practice in the State court special compensation is provided, in which event such special compensaticm is'payable upon authorization from the appropriation "Miscellaneous Expenses, U. S. Courts." (See 2 Comp., 377.) 522. The Secretary of the Treasury is authorized to enter into an agreement to compensate a witness, whose testimony is necessary in the prosecution of a smuggler, for coming within the jurisdiction of the court and to reimburse him for the necessary expeusi^s incurred in performing the service. (See 4 Comp., 495.) 523. The appropriation for the jn-evention and detection of fraud u])on the customs service is applicable to the exjXMise of procuring evidence to be used in the prosecution of a smuggler. (See 4 Coinj)., 495.) 524. The a|)|)r(»priati()ii foj- collecting the revenue from cusionis is applicable to the ])ayment of wiliu>sses under agreiMuents to come within the jurisdiction of tlie courts * * * when the evidence is necessary in proceedings for the foifcitur(> of goods seized bv customs officers. (See 4 Comj)., 519.) IJSrSTKUCTIOXS TO UNITED STATES MARSHALS. Ill 525. An officer of the Navy is entitled only to actual and necessary expenses for attendance as a witness before a grand jury, in response to a subpoena, notwithstanding he may have been ordered by his superior officer to answer said subpoena. (See 4 Comp., 146.) ADVANCES TO WITNESSES. 526. If it should l)ecome ap])arent that any important witness regularly subpoenaed on behalf of the United vStates, and ahsolutdy essential to the proper presentation of the case, is unable to attend court for want of sufficient funds with which to defray expenses of travel and subsistence, the district attorney may himself communi- cate (by wire, if necessary) with the marshal for the district in which said witness resides, requesting the marshal to locate the witness and supply sufficient funds to enable him to attend. The district attorney should also notify the marshal of his own district where the witness is to testify, that such action has been taken. 527. If a telegram is necessary, it should be in substantially the following form : City, State, Date. United States Marshal, CiUi, State. ■ John Doe, 123 Rowe Street, Blank City, needed here as witness. Rocommend advance to him under paragraph 526, Instructions. 528. Ipon receipt of such request, the marshal may exact from the witness an affidavit setting forth that he is under subpoena to attend court, and without money to pay the expenses of travel and subsistence incident to responding to said subpoena. 529. Upon receipt of such affidavit the marshal may, if willing to do so, advance by official check only sufficient money to pay approx- imately the actual cost of travel and subsistence, in going only, to attend court, taking the receipt of the witness therefor, and treat- ing such receipt as cash on hand, pending reimbursement. 530. Immediately upon making such advance the marshal must inform (by wire, if necessary) the marshal of the district in which the witness is to attend, requesting reimbursement. 531. If a telegram is necessary, it should })e in substantially the following form: City, State. Date. United States Marshal, ( 'itll. State. Advanced .John Doe, 123 Rowe Street, Blank ( ity, subpoenaed as witness your district dollars. Arrange my reimbursement. 532. Marshals makhig settlement with a witness who lias reecived an advance of funds should draw two official checks in favor of the witness, one for the exact amount of the money advanced, and the other for the balance due the witness. The former check should be 112 IXSTRUCTIOXS TO UNITED STATES MARSHALS. submitted to the witness for iiulorsement and then transmitted to the marshal who made the advance. The hitter check shouhl be dehvered to the witness hi the ordinary maimer. 533. Advances shoukl not be made to witnesses subpoenaed to attend before commissioners without specific authority. 534. Advances to witnesses are optional. They can not be charged under any appropriation but must be carried as cash on hand. 535. District attorneys will be held strictly responsible for limiting their recommendations that such advances be made to those cases only in which the witness is absolutely essential. UNITED STATES PRISONERS. 536. For instructions concerning transportation of prisoners, see paragraphs 411 to 416; guarding and feeding prisoners, paragraphs 382 to 389; delivery of prisoners to successor in ofRce, paragraph 100. REPORTS OF THE COMMITMENT AND RELEASE OF PRISONERS. 537. Marshals should supply each active United States commis- sioner in their respective districts with '"release" cards (Form 509) requesting him to report to the marshal's office thereon each discharge of a prisoner appearing before him. 538. Jailers in whose custody United States prisoners are placed should also bo supplied with ''release" cards (Form 510) and requested to report thereon to the marshars office each United States prisoner discharged by expiration of sentence. 539. Each deputy marshal should be supplied with both commit- ment and release cards (Forms 450 and 451), and the deputy should report at once on such cards each prisoner committed to jail, either temporarily, or to serve sentence, and each release of a prisoner whom he again takes into custody. 540. These cards will be used by the marshal in maintaining the record of prisoners committed to the several county jails, illustrated on insert following page 75. 541. Marshals will also report to the Chief, Division of Accounts, Department of Justice, the commitment of each prisoner to a State penitentiary, or other like penal institution, in the following form : Institution Prisoner, District, ; Sentenced, Committed, ; Term, Expires — Full time, ." " With commutation, Remarks: INSTRUCTIONS TO UNITED STATES MARSHALS. 113 SUPPORT OF PRISONERS. 542. Prisoners are maintained and otherwise cared for under the appropriation entitled "Support of Prisoners, United States Courts," which provides for the following items: ) Necessary clothing and medical aid. (6) Discharge gratuities provided by law. (c) Transportation to place of conviction or place of bona fide residence in the United States or such other place within the United States as may be authorized by the Attorney General. (d) Maintenance— board and lodging. (e) Support of prisoners becoming insane during imprisonment. (/) Cost of shipping remains of deceased prisoners to their friends or relatives in the United States. (g) Interment expenses of deceased prisoners whose remains are unclaimed. Qi) Care and treatment of guards employed by the United States who may be injured by prisoners while said guards are endeavoring to prevent escapes or suppress mutiny. (i) Expenses incurred in identifying and pursuing escaped pris- oners and for rewards for their recapture. (j) Expenses incident to repairs, betterments, and improvements of United States jails, including sidewalks. 543. Marshals should advise officials of State institutions who may make inquiry or submit claims for maintenance of Federal prisoners as follows: (a) That accounts should be prepared quarterly by the officials of the institution upon Form 11 D. C, all the information contem- plated by the form being supplied. (b) That such accounts should be transmitted to the Department of Justice promptly after the close of each quarter for examination and payment by the disbursing clerk of the department, or by set- tlement direct from the Treasury. (c) That an entirely separate account should be prepared covering the support of prisoners conmiitted by the courts of the District of Columbia. 544. Bills or accounts for the maintenance of prisoners in county jails (as distinguished from penitentiary accounts) and for the sup- port of detained witnesses are payable by the marshal upon the authorization of the Attorney General. 545. Any such accounts wherein per diem rates are charged different from those formerly paid, should be transmitted to the department for instructions before payment. Like procedure should be observed with reference to all bills for special or unusual items, 895—16 8 114 INSTKUCTIOKS TO UNITED STATES MARSHALS. 546. Marshals will, of course, be guided by the orders of the court in tlie matter of the confinement of detained witnesses in homes or institutions other than jails, promptly reporting such cases to the department for instructions as to payment. 547. AU persons convicted as United States prisoners and who are sentenced for a period not less than six months, are entitled to the gratuities of cash, clothing, and transportation, upon their discharge from the United States penitentiary. State institution, or county jail. (See Comp. to Attorney General, Feb. 9, 1915.) 548. Where a person is taken into custody and delivered to a jailer on a charge pending before a commissioner or other judicial officer, the maintenance is chargeable against the appropriation for "Support of Prisoners, U. S. Courts" and it is immaterial by whom or in what manner the prisoner was delivered to the jailer. (See 17 Comp., 566.) 549. The expense of keeping a prisoner in jail when the depart- ment has no arrangement with the jailer for his maintenance, is payable from "Salaries, Fees, and Expenses of Marshals" when the jailer refuses to keep the prisoner unless paid at once by the marshal or deputy. (See 13 Comp., 856.) CHINESE PRISONERS. 550. Upon receiving writs or orders of deportation for Chinese prisoners marshals should at once make written report to the Com- missioner General of Immigration, Department of Labor, Washington, D. C, stating the names of prisoners, where confined, and when the period of appeal allowed under section 13 of the act of September 13, 1888, will expire. Instructions will then be issued by the Depart- ment of Labor as to the method of procedure to be observed in executing the writs, and to whom accounts are to be presented or forwarded for settlement. 551. Accounts which include charges for support of Chinese prisoners should show the manner of the release of the prisoner, that is "discharged" or "deported." If the latter, the date of the order of deportation, and its delivery to the marshal for service should be shown. 552. The cost of maintaining Chinese prisoners is payable as follows : (a) Expenses incurred, usually by Chinese inspectors, prior to the issuance of a warrant and the arrest of the defendant thereunder by the marshal or a deputy; from the appropriation for the enforce- ment of the Chinese-exclusion act, through the Department of Labor. (See 7 Comp., 372.) (h) Expenses incurred after the issuance of a war^nnl, and the arrest of the defendant by the imu-slial or deputy, and up to the INSTRUCTIONS TO UNITED STATES MARSHALS. 115 time the prisoner is discharged, or an order for his deportation is dehvered to the marshal, and in case of appeal from the order, up to the time of the disposition of the appeal; payable as other like expenses of other classes of })risoners. (See 11 Comp., 265, 475 and 777.) (c) Expenses incurred after the order of deportation has been de- livered to the marshal, or an appeal thereon has been disposed of; through the Department of Labor and not from any judiciary appropriation. (d) Expenses of a deputy in the detention of a Chinese prisoner, arrested without warrant pending the issuance of a warrant, are payable from the usual judiciary appropriations. (See 8 Comp., 470.) (e) The expenses of supporting Chinese persons committed by order of court to the custody of the marshal, pending proceedings under a writ of habeas corpus to try the validity of their detention by customs officers, are payable from the appropriation ''Support of Prisoners, U. S. Courts." (See 7 Comp. Dec, 437.) (/) Expenses incurred in an endeavor to recapture Chinese prison- ers who escaped from the custody of a deputy marshal while being transported to the seaboard for deportation are properly payable as incident to the cost of transportation. (See 5 Comp., 487.) VOUCHERS, ABSTRACTS, AND ANALYSES. 553. Every effort should be made to cause jailers to render bills promptly at the close of each quarter. 554. Each voucher should be in duplicate; the names thereon ar- ranged in alphabetical order. It should be supported by the affi- davit of the claimant; carefully verified by reference to the register of United States prisoners; and contain specific reference to the authority for payment. 555. The following forms will be used for these vouchers: (a) Maintenance of prisoners by jailer. Form 4. (h) Physicians' visits. Form 3. (c) Personal services. Form 74 G. (d) Receipt for clothing furnished prisoner. Form 329. (e) Miscellaneous purchases. Form 324. 556. Vouchers should be numbered consecutively and abstracted on Form 125. 557. A special abstract of disbursements should also be prepared on Form 174 G-A, covering all disbursements under the appropria- tion "Support of Prisoners, U. S. Courts." 558. The analysis of disbursements should be prepared on Form 770. This form should be submitted each quarter, whether there are or are not disbursements under the appropriation in question. Separate analyses should be made only for items pertaining to differ- ent fiscal years. 116 INSTRUCTIONS TO UNITED STATES MAKSIIALS. " PAY OF BAILIFFS, ETC., U. S. COURTS." GENERAL INSTRUCTIONS. 559. The following items are payable from this appropriation: (a) Per diems of bailiffs and criers. (b) Expenses of travel and maintenance of judges. (c) Meals and lodging for jurors in United States cases, and bailiffs in attendance thereon, when ordered by the court. (d) Compensation of jury commissioners. 560. All youchers should l)e prepared as herein directed, luim- bered consecutiyely, and abstracted on Form 125. Abstracts should show the number of each voucher, the name, title, and amount due for each payee. They should be prepared m triplicate. Transmit two copies to the Department with the original account. File one with the duplicate account. 561. An analysis of disbursements should also be prepared in the manner indicated by the form provided. In case there are no dis- bursements the form should nevertheless be forwarded, and this fact noted thereon. 562. Separate analyses should be mad(^ oidy for items pertaining to different fiscal years. BAILIFFS AND CRIERS. 563. Bailiffs are appointed by the marshal; criers by the court. They receive a per diem compensation of $3. They are entitled to payment when they attend upon the order of the court. (See 33 Stat. L., 1259, and 36 Stat. L., 1088.) 564. Vouchers should be prepared on Form 5. The first certifi- cate should be signed by the payee, the second by the marshal. 565. The appropriation acts provide for three bailiffs and one crier in each court, except in the southern district of New York and the northern district of Illinois, where provision is made for five bailiffs and one crier. In cases where urgent necessity requires the employment of more than three bailiffs, special taxation must be made under section 846, K. S. U. S., and the account must receive the approval of the President. (See paragraphs 351 to 354.) 566. If two judges sit in the same place ])ut in different divisions of the court, three l)ailiffs-may be eniployed in each division. (See 1 Comp., 135.) 567. If necessary, one set of three bailiff's may be employed in the circuit courts of appeals and another set in the district court for the same day. (See 4 Comp., 141.) 568. If salaried deputies are required by the terms of their appoint- ment to render services as bailiffs, they should be considered as in lieu of baiUffs allowed by law. (See 4 Comp., 226.) IXSTKUCTIONS TO UNITED STATES MARSHALS. 117 569. Payments to bailiffs or criers, as the (;ase may be, are allowable in the following instances: (a) When a bailiff attends by order of court on the grand or petit jury, even though court is not in session. (See 4 Comp., 113.) (h) For a national holiday, when the court temporarily adjourns over such holiday (applicable to both bailiff's and criers). (See 16 Comp., 581.) (c) For attendance before a master in chancery, provided not more than two other bailiffs are paid for attendance upon the same court on the same day. (See 17 Comp., 938.) 570. Payments to bailiffs or criers, as the case may be, are not allowahle in the following instances : (a) For services by a bailiff to a judge at chambers when court is not in session. (See Letter of Comp. to Auditor, June 23, 1898.) (6) For substitutes employed by bailiff's or criers. (c) Wlien the service is rendered by a salaried deputy, fee deputy, or United States commissioner. (See sees. 13 and 20, act of May 28, 1896.) 571. The employment of a bailiff' does not necessarily terminate upon the expiration of the term of the marshal who employed him, (See 4 Comp., 603.) 572. Payment of witness fees to the regular bailiff' for the same day that he officiates as bailiff is prohibited. (See 15 Comp., 835.) EXPENSES OF JUDGES. 573. Circuit justices, circuit and district judges, and judges of the district court of the United States in Hawaii are entitled to necessary expenses of travol and reasonable expenses not to exceed SIO per day actually incurred for maintenance consequent upon attending court or transacting other official business in pursuance of law at any place other than their official residence. Such expenses are payable by the marshal of the district in which said court is held, or official business transacted, upon the written certificate of the justice or judge. (See 36 Stat. L., 1161.) 574. Form 33 should be used for vouchcring such expenses when incident to holding court; Form 28 wlion incident to the transaction of other official business. MEALS AND LODGING FOR JURORS. 575. The cost of meals and lodging for jurors and for bailiffs in attendance thereon is payable by the marshal only when ordered by the court and then only in United States cases. 576. Form 8 should be used for vouchering such items. The certificate of the clerk thereon should be completely executed and 118 IXSTRL'CTIONS TO UIsUTED STATES MARSHALS. signed. If meals and lodging are fui-nislied for bailiffs in charge of the jury, the certificate should show that the court ordered the mar- shal to furnish botli jury and ])ailifFs (giving the number) with said meals and lodgino;. JURY COMMISSIONERS. 577. Jury commissioners arc appointed by the judge. They receive a per diem compensation of S5 and may be employed I'ur not exceeding three days for any one term of court. 578. A jury commissioner ma}^ not be paid for services at an '"adjourned term'" if he has received payment for three days' serv- ice at the term held at the time and place fixed by law. (See 4 Comp., 63.) 579. Mileage or other allowance may not be made to a jury com- missioner in addition to the per diem fee. (See 4 Comp., 352.) 580. Form 24 should be used for vouchering these payments. The marshal should state on the voucher whether any preceding payment has been made to the cominissioner for services at the term of court mentioned therein. The affidavit should be fully completed and executed before an officer authorized to administer oaths generally. THE APPROPRIATION " MISCELLANEOUS EXPENSES, U. S. COURTS." GENERAL INSTRUCTIONS. 581. This appropriation provides for such miscellaneous expenses for the United States courts and their officers, "as may he authorized and approved hy the Attorney General." 582. Marshals should have specific authority before making any pay- ment thereunder excepting the cost of telegrams and long-distance telephone calls sent by judges on purely judicial business, payment of which, in accordance with the instructions under this heading (pars. 5 to 12), is hereby authorized generally. (See also general authority as to advertising in par. 590.) 583. Applications for authority to incur expenses should be pre- pared on Form 25-B. VOUCHERS, ABSTRACTS, AND ANALYSES. 584. Many dillercnt classes of expenses are payable from this nppropriation. They should be vouchered on the regular forms in current use. All the information contemplated by the forms sliouUl IXSTRUCTIOxXS TO UNITED STATES MARSHALS. 119 be supplied. It is particularly important to show the dates, file numbers, and initials on letters and forms authorizing payment. 585. Vouchers should be abstracted on Form 9, and the analysis of disbursements carefully prepared on the special form provided. 586. When it becomes necessary to use more than one sheet of the form for the analysis, the horizontal totals of the first sheet should be carried forward to the second sheet, and so on to the conclusion. Fasten sheets together only at the upper left-hand corner. 587. Form 9 should be prepared in triplicate. The original and triplicate should accompany the original vouchers. ADVERTISING AND PUBLICATION OF NOTICES. 588. All advertising on behalf of the United States required by law may be paid for at a price not to exceed the commercial rates charged to private individuals with the usual discounts; such rates to be ascer- tained by sworn statements furnished by the publishers. (See 20 Stat. L., 216; also 19 Comp., 628; Comptroller to marshal, western Okla- homa, Aug. 5, 1914; and Comptroller in re appeal of marshal, South Dakota, Jan. 22, 1915.) 589. Marshals should not pay bills for advertising unless they are satisfied that the rates are in accordance with law, notwithstanding an affidavit may be made as above provided. (See 1 Comp., 312.) 590. Bills for advertising are ordinarily payable from the appro- priation ''Miscellaneous Expenses, U. S. Courts." Such payments, at rates complying with the requirements of law, are hereby author- ized generally, covering all advertising executed in accordance with orders of the court, excepting in cases for violations of navigation, customs, pure-food, and insecticide laws, and in any other cases in which the expense for advertising may be payable from the proceeds of sale of seized property. In such cases, and in aU cases involving advertising or publishing of notices other than by orders of the court, specific authority should be obtained from the Department of Justice before any expense is incurred. '' SALARIES AND EXPENSES OF DISTRICT ATTORNEYS, U. S. COURTS." 591. For instructions concerning items payable from this appro- priation, their authorization and vouchering, see paragraphs 8(b), 329, and 659 to 677. 120 INSTRUCTIONS TO UNITED STATES MAESHALS. ABSTRACTING PAYMENTS. 592. All vouchers under the appropriation "Salaries and Expenses of District Attorneys, U. S. Courts" should be abstracted on Form 125, prepared in triplicate, the original and triplicate to be transmitted to the department. The items should be arranged and totaled in five separate groups, as follows: (a) Salaries of district attorneys. (6) All other salaries. (c) Expenses of travel and subsistence of the district attorney and each of his assistants. (d) Expenses of travel and subsistence of clerks to district attorneys. (e) Miscellaneous office expenses. Note. — All payments made to a given person should be listed together, as far a3 practicable. CHAPTER VI. MISCELLANEOUS MATTERS. Page. Claims 121 Assignment of claims 122 Services and supplies for court rooms and offices in Federal buildings 122 Transfer of Government property from rented to Federal buildings 122 Leased or rented buildings: Renting or leasing 123 Supervision of 123 Repairs or alterations of 124 Services and equipment 124 Bills for rent 124 CLAIMS. 593. Judiciary funds for a given fiscal year may be advanced (excepting in districts detached from the mainland of the United States, such as Hawaii, and excepting for the piu-pose of liquidating overdrafts or correcting errors), only until September 30 of the following fiscal year. 594. Claims against the Government remaining unpaid after the close of the period during which advances may be made should be transmitted to the Department of Justice for settlement direct from the Treasury. 595. It is exceedingly important that such claims be accompanied by a definite explanation of the reason for the delay in settlement. It must be shown what efforts were made by the claimant to coUect the mone}^ in due coui"se of business, and why such efforts were unsuccessful. 596. They should be supported by the affidavit of the marshal to the effect that it has been found upon careful examination that none of the items have been paid. They should also be approved by the marshal if he is of the opinion that they are properly payable by the Government. 597. Claims of jurors and witnesses must be accompanied by a certificate of attendance by the clerk of the court or commissioner as the case may be. 598. Claims of deputy marshals (other than for salaries) must be approved by the court. (See 8 Comp., 380.) 121 122 INSTRUCTIONS TO UNITED STATES MARSHALS. ASSIGNMENTS, POWERS OF ATTORNEY, TRANS- FERS, ETC. 599. Section 3477, R. S. U. S.: All transfers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or conditional, and what- ever may be the consideration therefor, and all powers of attorney, orders, or other authorities for receiving ])ayment of any such claim, or of any part or share thereof, shall be absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assignments, and powers of attorney must recite the warrant for pay- ment, and must be acknowledged by the person making them before an officer having authority to take acknowledgments of deeds, and shall be certified by the officer; and it must appear by the certificate that the officer, at the time of the acknowledg- ment, read and fully explained the transfer, assignment, or warrant of attorney to the person acknowledging the same. 600. The \vord ''claim," as used in section 3477, R. S. U. S., which provides that "all transfers and assignments made of any claim upon the United States * * * shall be absolutely null and void," unless made as prescribed therein, comprehends all demands against the United States for tlie payment of money, whether liqui- dated or unliquidated; and an assignment of a judgment against the United States made before "the issuing of a warrant for the payment thereof" is within tlie meaning of the statute, and void. (See 4 Comp., 196.) SERVICES AND SUPPLIES FOR COURT ROOMS AND OFFICES IN FEDERAL BUILDINGS. 601. In such buildings, application should be made to the cus- todian for: (a) Services of janitors and kindred employees. (h) Supplies, other than books, stationery, soap, and towels. (c) Repairs to furniture, vaults, etc. (d) Metal file boxes. (See 3 Comp., 252.) 602. In matters of services and supplies other than as above stated, applications in accordance with instructions which will be found under appropriate headings should be made to the Department of Justice. TRANSFER OF GOVERNMENT PROPERTY FROM RENTED TO FEDERAL BUILDINGS. 603."Witli the exception of court records, such transfers will be made under the direction of the custodian of the Federal building, who will defray all incident expenses. The marshal should prepare a list of the property thus transferred and a separate list of the re- maining i)roperty (if any) which the custodian refuses to take and INSTRUCTIOKS TO UNITED STATES MARSHALS. 123 transmit them to the department. If tlie articles not needed in the Federal building can not be used elsewhere, instructions wiU be given to have them sold. 604. The removal of court records will be made under the direction and supervision of the marshal, who will make application on Form 25B for authority to incur the expense, submitting two or more com- petitive bids. LEASED OR RENTED BUILDINGS. RENTING OR LEASING. 605. Before incurring any expense, excepting in extreme emer- gency (which must be promptly reported) , for rent of a building or improvements thereon, instructions should be obtained from the Attorney General. (See sec. 830, R. S. U. S.) 606. If it becomes necessary to provide accommodations for courts and their officers, it is the duty of the marshal to request authority from the department to ascertain what suitable buildings can be procured aiid invite written proposals for leasing them to the Government. vSuch applications should state the necessities of the situation, the duration of past terms of court (if any), and the probable duration of future terms. 607. Such proposals should be transmitted to the department with diagrams or plats, showing the dimensions of the rooms and the purposes for which each wiU be used. A report should also be trans- mitted \\^th the diagrams, setting forth the views of the judge and district attorney and containing such information as will enable the department to determine the relative desirability of the propositions submitted. 608. Unless such a course is manifestly impracticable, propositions to lease must be for furnished accommodations; heated, lighted, and equipped with janitor service, supplies, and water, at the expense of the lessor. 609. Forms for the preparation of leases will be furnished by the department when the execution of the contracts are authorized. 610. Leases must be executed and acknowledged in accordance with the laws of the State or Territory in which the property is located. If necessary, the marshal should confer with the district attorney as to this matter. SUPERVISION. 611. The marshal of each district is hereby designated custodian of all buildings or rooms within the district rented or leased for the accommodation of the United States courts and their officers. He is charged with the duty of seeing that the lessors observe the terms of the leases, of promptly notifying them of frozen pipes, leaking gas, 124 IXSTRUCTIOXS TO UNITED STATES MARSHALS. leaking roof or other defects, and of withholding payment of rent if the premises are not maintained in sanitary, tenantable condition or necessary repairs and improvements are not made promptly in accordance with the contract. 612. If emergency should arise, demanding immediate action in the matter of repairs, the lessors or owners should be called upon at once to reimburse the marshal, covering necessaryexpensesof meeting such emergency. 613. If there is ditiiculty in etfecting a compliance with the terms of the lease, the matter should be promptly reported to the depart- ment. REPAIRS OR ALTERATIONS. 614. The fitting up of leased or rented premises for court purposes, so far as fixtures, alterations, and labor incident thereto are involved must be at the expense of the lessors, and all leases should so provide. SERVICES AND EQUIPMENT. 615. Ordinarily, services and equipment will be furnished b}' the lessor, under the terms of the lease. If, however, this is not the case, application should be made to the department on Form 25B, explain- ing the necessity for the articles or the services and definitely describ- ing them. BILLS FOR RENT. 616. Such bills should be prepared on Form 761, the first certificate to be signed by the claimant and the second by the marshal. Vouchers should contain a reference to the lease or other authority for the expense. Payment should be made by the marshal from the appropriation entitled "■Rent of Court Rooms, U. S. Courts." PART THREE. INSTRUCTIONS TO UNITED STATES DISTRICT ATTORNEYS. CHAPTER I. ADMINISTRATIVE AND FISCAL MATTERS. District attorneys: Page. Appointment and induction into office 125 Official residence 126 Term of office — Vacancies 126 Compensation 126 Regular assistants to district attorneys: Appointment and oath 127 ( official residence 128 Term of office 128 Special assistants to district attorneys and to the Attorney General 128 Clerks to United States district attorneys: Employment and oath 129 Term of service — Vacancies 129 Messengers to district attorneys 130 Approval of accounts 130 Traveling expenses of district attorneys, their assistants, and clerks 130 Office expenses 132 Special expenses of conducting particular cases: General instructions 132 Stenographers to report proceedings 133 Interpreters 133 Experts and other special employees 134 Printing records and briefs 135 Expense of abstracts of title (see also p. 143) 135 Office files and records 135 Dockets 136 Docket reports 137 Administrative foresight and economy 138 Witnesses, advances to (see p. 111). DISTRICT ATTORNEYS. APPOINTMENT AND INDUCTION INTO OFFICE. 617. A commission and blank forms for the execution of an oath of office are transmitted by the appointment clerk of the Department of Justice to each person appointed to be United States district attorney, together with a letter fixing the appointee's official residence. 125 126 INSTKUCTIONS TO UNITED STATES DISTRICT ATTORNEYS. 618. The appointee should ordinarily confer with the district judge and with his predecessor in office and agree upon some satis- factory date for assuming duties. He should then advise the depart- ment accordingly, at the same time acknowledging receipt of his commission. 619. It is preferable that the oath of office be executed in open court on the day duties are assumed. If this is not practicable, it may be executed before any officer authorized by law to administer oaths. 620. If the oath of office is taken in open court, a certified copy should be at once transmitted to the department. If taken other- wise it should be executed in duplicate, the original filed with the clerk of the district court and the duplicate transmitted to the department. 621. The form of oath is prescribed by section 1757, R. S. U. S. OFFICIAL RESIDENCE. 622. The law authorizes the Attorney General to fix the official residence of the district attorney and of each of his assistants. (See sec. 8, act May 28, 1896.) Such residence will be established with particular reference to convenience, dispatch, and economy in the transaction of official business. TERM OF OFFICE— VACANCIES. 623. District attorneys are ordinarily appointed for a term of four years and until their successors shall be appointed and quali- fied. (See 30 Stat. L., 487.) Recess appointments, however, are temporary and expire upon the assuming of duties by the new appointee under an appointment confirmed by the United States Senate, or by their own terms, upon the close of the next session of the Senate following their issuance. 624. In case of vacancies in the office of district attorney, the district court of the district, or the Supreme Court of the District of Columbia, may appoint persons to exercise the duties of such offices until the vacancies shah bo filled. (See 30 Stat. L., 487.) COMPENSATION. 625. United States district attorneys receive statutory salaries" (See 29 Stat. L., 179, and 35 Stat. L., 375.) They are also allowed, when absent from official headquarters on official business, actual necessar}' expenses for lodging and su])sistence not exceeding $4 per day, and actual necessary traveling expenses. The demanding or receiving, directly or indirectly, of any fees or compensation other than as above stated is penalized. (See 35 Stat. L., 375; as to south- ern New York, see sundry civil act of Mar. 4, 1907.) IISrSTEUCTIOXS TO UNITED STATES DISTRICT ATTORNEYS. 127 626. The salaries and expenses of travel and subsistence of United States district attorneys are paid monthly by the marshals. Detailed instructions concerning the preparation and rendition of expense accounts will be found in paragraphs 659 to 676. 627. No money shall be paid from the Treasury, as salary, to any person appointed during the recess of the Senate to fill a vacancy in any existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate. (See sec. 1761, R. S. U. S.) 628. When any officer of a Territory is absent therefrom, and from the duties of his office, no salary shall be paid him during the year in which such absence occurs, unless good cause therefor be shown to the President, who shall officially certify his opinion of such cause to the proper accounting officer of the Treasury, to be filed in his office. (See sec. 1884, R. S. U. S.) 629. Extra compensation can not be allowed a district attorney for services which are performed in the course of his official employment. 630. The act of March 2, 1889, providing that all legal services connected with the procurement of title to sites for public buildings shall be rendered by district attorneys, not only requires such services to be performed by the district attorney, but prohibits the payment of compensation to another attorney employed for the purpose, (See sec. 6904, Compiled Stats. 1913.) REGULAR ASSISTANTS TO DISTRICT ATTORNEYS. APPOINTMENT. 631. Regular assistants to district attorneys are appointed by the Attorney General upon the recommendation of the district attorney. They receive annual salaries fixed by the Attorney General and are paid monthly by marshals. Such salaries, excepting where the law specifically provides otherwise, may not exceed $2,500 per annum. (See sees. 8 and 24, act May 28, 1896; 34 Stat. L., 1360: 35 Stat. L., 375 and 841; and sec. 363, R. S. U. S.) 632. A regular assistant is appointed to assist the district attorney in performing the duties of his office, and one person may not be paid the compensation of both offices. (See 1 Comp., 184.) 633. Communications from district attorneys recommending the appointment of regular assistants should state: (a) Full name and address of proposed appohitee. (Note. — Assistant attorneys must be residents of the district for which they are appointed.) (b) Place and date of birth. (c) Proposed rate of compensation. id) Qualifications of the applicant recommended for the position. 128 IXSTRUCTIOXS TO UNITED STATES DISTRICT ATTORNEYS. 634. In all cases involving the creation of an additional position, as distinguished from a proposed appointment to fill a position already established, a certificate signed by the judge and district attorney must be furnished, setting forth the facts constituting the necessity for the appointment. (See sec. 8, act May 28, 1896.) OATH OF OFFICE. 635. Each regular assistant must take the oath of office prescribed by section 1757, K. S. U. S. A copy of this oath, showing wlien the ap])ointee assumes duties, should be transmitted to the Department of Justice. It is preferable that the oath be taken on the day duties are assumed. OFFICIAL EESIDENCE. 636. The Attorney General is authorizetl to fix the official residence of regular assistants to district attorneys. Such residence will be fixed with particular reference to convenience, dispatch, and economy in the transaction of official business. TERM OF OFFICE. 637. Regular assistant attorneys remain in oftice duiing the pleas- ure of the Attorney General. Resignations should be promptly reported to the department. It should be shown therein at the close of what day the resignation is to become effective. SPECIAL ASSISTANTS TO DISTRICT ATTORNEYS AND SPECIAL LEGAL ASSISTANTS TO THE AT- TORNEY GENERAL. 638. Sj)ecial assistants to district attorneys and to the Attorney General to aid in cases of unusual magnitude and importance maybe appointed bv the xVttornev General wlum necessarv under section 366, R. S. U. S. ■ ■ 639. A special assistant may not be appointed to perform the •duties of a regular assistant. (See 4 Comp., 490.) 640. Special assistants must take the oath of odice i)rescribed by section 1757, R. S. U. S., and forward the same at oiu^e to the De- partment of Justice, stating therein the date of entrance upon duty. 641. The compensation, including persojial expenses of special assistants, as determined })y the terms of their appointment, is pay- able wholly by tiie dis})ursing cl title and nature of the action. Tliese groups of papers should be arranged according to the docket numbers of the respective proceedings. 701. All incoming letters, telegrams, etc., and carl)on copies of all outgoing letters, etc., which do not pertain to a given proceeding and can not, therefore, be suitably filed, as directed in tlie foregoing para- graph, should be carefully classified and filed alphabetically by sub- jects. The copy of the answer to each letter or telegram should be placed therewith. DOCKETS. 702. The following dockets, which must be kept up to date, are prescribed for use by district attorne^^s. They arc furnished by the department upon requisitions, which should be prepared upon Form 17 A: (a) Register of complaints. (6) Grand jury docket. (c) Criminal docket. (d) Civil docket. (e) Witness docket. 703. There should be entered in the register of complaints all formal complaints (other than those which are manifestly trifhng, frivolous, or which clearly do not involve violations of United States laws), whether oral or written and whether prosecution is or is not instituted. The following information should be recorded: (a) Name of person submitting complaint. (6) Name of person making affidavit for warrant of arrest, if any is to be issued. (c) Date of said affidavit. * (d) Nature of offense charged and name and residence of defendant. (e) Names and addresses of proposed witnesses as far as known. (/) Result of the preliminary hearing, if held, of the accused. 704. There should be recorded in the grand jury docket the names of defendants, and of witnesses for the Government, and any other information essential to the proper presentation of the case. The action of the grand jury should be shown in each matter. Infor- mation should be recorded in this docket promptly as received from day to day, in order that the docket may be ready for immecHate use in the grand jury room. 705. There should be recorded in the criminal docket every step taken in each criminal case after an indictment is found or information filed, until its final determination. 706. There sliouJd l)e I'ecorded in the civil docket a l)ri(>r (>ntr} of every pleading and proceeding in each civil case brought on behalf of or against the I'liited .States; from the issuance of the pi'aecipe to its conclusion. INSTRUCTIONS -TO UNITED STATES DISTRICT ATTORNEYS. 137 707. There should be recorded in the witness docket the following data: (a) Names and addresses of all witnesses sid)poBnaed for the Gov- ernment in both civil and criminal cases. (h) Dates when witnesses are summoned to appear, when they attend, and w^hen they are discharged. DOCKET REPORTS. 708. A report on Form No. 90 of each and every case, civil or criminal, in which the district attorney enters his appearance as a representative of the United States or any department, bureau, or office thereof, whether handled by the district attorney or by special counsel, must be transmitted to the Department of Justice not later than the close of business on the day following its institution. Each such report must show : (a) The court docket number. (h) The name of each and every party. (c) When, where, how (by indictment, information, or otherwise), and in what court commenced. (d) The departmental identification number. For instance, in cases under the 28-hour law, show Department of Agriculture num- ber; in cases under the safety-appliance act, show Interstate Com- merce Commission number, etc. (e) In civil cases. — The exact nature of the case and on what account money or other claims are made. In suits to recover land the acreage and description, as well as the purpose, should be stated. This nde applies also to other classes of propertv. (/) In crindnal cases. — The specific offense charged; statute violated; and sufficient additional information to show the classifi- cation of the case. For instance, in indictments under sections 35, 37, and 125 of the Penal Code, the report should show the object of submitting the false claim, to whom presented, etc.; give the crime in connection with which a conspiracy arises, state whether to defraud the United States, and the object of the conspiracy; and in cases of perjury, show the offense out of which the perjury charge grows. 709. A report on Form 91, which is a continuation sheet of Form 90, designed to show all material docket entries made subsequent to the institution of the case, must be made at the close of each calendar month, and also within five days after the business of the United States has been disposed of for each term of court. Such report should show : Items (a), (b), (c), and (d), as described under Form No. 90. (e) The transfer of cases to another division. State both old and new docket numbers. 138 TXSTRUCTIOXS TO U>;iTED STATES DISTRICT ATTORXEVS. (/) All material docket entries in the case, with dates. (g) The conclusion of the suit. Show the exact amount of mon(\y or property recovered; the amount of fine or penalt}^ imposed, the costs and interest as separate items, and in cases of imprisonment, give date of sentence and place of confinement. (70 In cases settled out of court, show the amount of land, monoy, or other propert}^ recovered. ADMINISTRATIVE FORESIGHT AND ECONOMY. 710. The issuance of alias and pluries writs of capias when there is no expectation of service, and writs of fieri facias or executions when there is no expectation that anything will be realized, should be avoided. Sound discretion should be exercised in such matters. If the clerk of the court issues executions in United States cases with- out being first requested to do so, the matter should be brought to the attention of the court. 711. District attorneys should endeavor to see that only responsi- ble sureties are accepted and the expense of forfeiting worthless bail bonds and recognizances avoided. 712. Frivolous and unnecessary prosecutions should not be ini- tiated. Any disposition by commissioners to encourage such prose- cutions should be reported to the court, and like practice by deputy marshals to the marshal and Attorney General. 713. Only necessary witnesses should be subpoenaed. They should be discharged as promptly as practicable. In all cases where any considerable expense is involved there should be cooperation in this matter with the Bureau of Investigation of the department and pro- posed witnesses interviewed by agents of this bureau to determine whether it is worth while to have them subpoenaed. ♦ 714. There should be noted in the witness docket tlie dates of at- tendance and discharge of witnesses, and a memorandum of same furnished to the clerk of the court. 715. With the consent of the judge, a definite number of cases should be assigned for trial each day during the time allowed for the transaction of criminal business. Such assignments should be made with particular reference to the attendance of witnesses, that they may be exarfiined and discharged at tlie earliest possible opportunity. 716. Witnesses who are to appear at approximately the same time in two or more cases at one term sliould not be served with separate subpoenas as to each case. This matter may be controlled by naming each witness only once in the praecipes for a given term. Note. — See pnraf/raphs 526 to 5S5, relative to advances to mlJiesscs. CHAPTER II. LEGAL MATTERS. Page. Duties 139 Attention to private business 141 Dismissing criminal cases 142 Pleas of nolo contendere '. 142 Suspended sentences 142 Indictment , 142 Taxation of costs 143 Impaction of sentence and hearing of natrj-alization cases 143 Abstracts of title (see also page 135) 143 Bail in criminal cases 143 Approval of pleadings 143 Antitrust cases 143 Chinese-exclusion cases 144 Institution and defense of civil suits and reports relating tl:ereto 144 Suits against the United States 145 Appeals and writs of error 145 Applications for Executive clemency 150 DUTIES. 717. Section 362 R. S. U. S., places district attorneys under the general supervision and direction of the Attorney General. 717a. All reports, recommendations or requests for instructions, unless otherwise specifically directed, should be made to the Attorney General. 717b. Control of Causes. — The control (extrajudicial) of the conduct and disposition of all litigation, both civil and criminal, in which the Government of the United States is interested, either directly or indirectly, is at all times in the Attorney General of the United States. 718. Section 771 R. S. prescribes the general duties of district attorneys in both civil and criminal matters. 719. Among the specific duties required by various statutes are the initiation and prosecution, or defense of, or performance of, other legal services in connection with: (a) Actions brought against officers of either House of Congress on account of their official acts (see 18 Stat., 401); taking testimony with relation to any private claim pending before Congress (see 20 Stat., 278); (h) The procurement of title for public buildings, other than life- saving stations and pierhead sites (see R. S., sec. 335; 25 Stat., 941) ; 139 140 IXSTEUCTIOXS TO UNITED STATES DISTRICT ATTOKXEYS. suits for the partition of land in which the Government is a tenant in common or joint tenant (see 30 Stat., 416); to restrain the unla\\-ful inclosure of pubhc land (see 23 Stat., 321); (c) Suits arising out of laws governing national banks in which the United States or any of its officers or agents are parties (see R. S., sec. 380) ; {d) Suits for money due the Post Office Department (see R. S., sec. 381); (e) Proceedings for the recovery of fines, penalties, and forfeitures for the violation of any revenue law (see R. S., sec. 838; 18 Stat., 189): If upon any matter submitted to you by a collector under section 838, Revised Statutes, your conclusions shall be adverse to action, you wiU submit the facts to the Secretary of the Treasur}^ in customs matters, and to the Commissioner of Internal Revenue in internal- revenue matters, to learn through direction of its responsible head the position of that department or bureau. If such direction shall be to proceed, but if in your judgment there be in the particular matter either a legal insufficiency of evidence or some other control- ling law question which if rightfully applied would forbid a successful outcome for the Government, you will forthwith forward the entire case, facts and law, and all correspondence, together with your own views and the reasons therefor and any supporting authorities to this department, advising the Secretary or the commissioner of your action. Whereupon this department will finally instruct you therein. If there be no such controlling questions, you will proceed in accord- ance with the direction of the Secretary or the commissioner. (e^ Proceedings for the condemnation of property seized and claimed on account of violations of customs laws and regulations (see R. S., 3706); ■^ (/) Libels against prize property and in prize causes (see R. S., sec. 4618, 4619); ig) Suits at law and equit}" in which Indians on reservations or allotted Indians are parties (see 27 Stat., 631); to enforce or prevent violations of law upon Indian agencies (see 17 Stat., 463); prosecu- tions of persons receiving moneys from Indians on prohibited con- tracts (see 16 Stat., 570); (Ji) Prosecutions for disobeying subpoenas issued by courts-mar- tial of the Army and Navy (see 31 Stat., 950; 35 Stat., 622); H) Proceedings to cancel fraudulent naturalization certificates (see 24 Stat., 601); {j) Suits for tlie recovery of penalties for violation of the ahon labor contract laws (see 34 Stat., 900); for the recovery of penalties under the acts regulating hours of service of employees of common carriers (see 34 Stat., 1416) ; violations of the insecticide and fungicide INSTEUCTIONS TO UNITED STATES DISTRICT ATTORNEYS. 141 act (see 36 Stat., 332) ; violations of the safety-appliance and boiler- inspection acts (see 27 Stat., 532 ; 32 Stat., 943 ; 35 Stat., 476; 36 Stat., 299, 916); (k) Proceedings for tlio enforcement of the interstate commerce acts and the pmiishment of violations thereof (see 24 Stat., 383; 25 Stat., 858; 26 Stat., 743; 32 Stat., 848; 34 Stat., 590; 36 Stat., 554); (J) Inquiry and report as to certain violations of laws enacted for the protection of persons or property engaged in commerce or navi- gation (see R. S., 4300); (m) Prosecution of offenders against the act forbidding the ob- struction of navigable harbors or streams (see 30 Stat., 1153); (n) Prosecutions for violations of the cattle quarantine act (see 23 Stat., 33); violations of the 28-hour cattle transportation act (see 34 Stat., 608); to recover penalties for the violation of the pure food and drug law (see 34 Stat., 769); (o) Proceedings against foreign vessels for the recovery of penal- ties for violating the State and Federal quarantine laws (see 27 Stat., 449); (p) Proceedings to restrain and punish violations of the antitrust acts when so specifically directed by the Attorne}^ General (see 26 Stat., 209; 28 Stat., 570; 38 Stat., 736); (q) Cases in the Circuit Courts of Appeals of their respective cir- cuits wherever sitting (see 29 Stat., 179); (/') Statements, reports, and returns to this and other departments as set out in sections 362, 722-775, E. S., and instructions herein. ATTENTION TO PRIVATE BUSINESS. (See also paragraph 1.) 720. While it is not intended to prohibit the acceptance by dis- trict attorneys and their assistants of private professional engage- ments not incompatible with their public duties, these ofhcials must carefully observe the following instructions: (a) As far as possible they should be present in the public offices allotted to them during reasonable office hours read}- to meet the public and confer about and transact official business; (b) The transaction of private professional business in public offices is manifestly improper and will not be allowed ; (c) It is equally as improper for public officials to seek to promote their private business by printing their official titles in ncM^spaper advertisements and upon private letterheads or business cards, and the practice is strictly forbidden. 142 IXSTRUCTIOXS TO UNITED STATES DISTRICT ATTORNEYS. DISMISSING CRIMINAL CASES. 721. As a general rule, authority should be obtained from this department to dismiss a crimmal prosecution or any count in an indict- ment which substantially qualifies the nature of the charge, except in petty offenses which involve no matter or principle of consider- able public interest or importance. In cases of exigency where it is deemed necessary to dismiss a prosecution or any count in an indict- ment, and there is not opportunity to obtain authority from the de- partment, proper report should be made of the action taken and the reasons therefor. No case of any character instituted at the direc- tion of this department or as the result of investigations directed by it or in which some other department or branch of the Government is specially interested should be dismissed without authorization from this department. PLEAS OF NOLO CONTENDERE. 722. In an}' case where the statute upon which the indictment is 'based requires imprisonment as the sole or partial punishment, consent should be refused to the plea of nolo contendere and objection made to its acceptance by the court. It should be accepted only in cases punishable solely or in the alternative by fine. (See 196 Fed., 260, and 235 U. S.. 412.^ SUSPENDED SENTENCES. 723. In the opinion of the department no Federal court has power to suspend indefinitely the imposition or execution of sentence, either directly by entry of an order, or indirectly by continuing the case from term to term for sentence, or otherwise. Where motions for such suspensions arc made, proper protest should be made by district attorneys; and if the court should order suspension, or unduly delay imposition of sentence or order for its execution upon proper request made, exception should be taken and a prompt report made to the department. INDICTMENT. 724. In all cases of moment involving any novel, diflicult, or doubtful question of criminal pleading, wlienever possible, draft of the proposed indictment should be submittexl to the department seasonably in advance of presentation to the grand jury, for examina- tion and suggestion, together with a brief statement of facts not appearing upon the face of the indictnlent, or probable deficiencies in the proof. With proper restrictions, a similar course should be pursued in proceedings upon habcMis corpus and in ]")roceedings in the Cii-cuit Court of A]>p(uils on error. I^'STRUCT^ONS TO UNITED STATES DISTRICT ATTOEXEYS. 143 TAXATION OF COSTS. 725. A statement of the taxable costs and expenses of the Govern- ment in each case, induding any docket, deposition, or other fees of the district attorney, should be furnished promptly to the clerk of the court, so that where the Government prevails such fees may be taxed as costs (see sees. 823-827 R. S. U. S.), collected by the clerk, and covered into the Treasury. (See Act May 28, 1896. sec. 6 ; 29 Stat., 179.) IMPOSITION OF SENTENCE AND HEARING OF NATURALIZATION CASES. 726. With a view to lessening expenses caused by the loss of time by jurymen, so far as possible, arrangements should be mavl-^ with the court to impose sentences and hear naturalization cases at times which can not be devoted to jury trials. ABSTRACTS OF TITLE. (See also paragraphs G97 to 699.) 727. Reports on abstracts of title to land proposed to be purchased by the Government should set out clearly any doubtful question arising, with citation of the pages of the abstract where the difficulty is found, together with an opinion as to the proper solution under the laws of the State in which the land is situated. All incumbrances of every character, including easements, mortgages, tax liens, and covenants running with the land, must be stated. If the abstract is deemed to disclose a perfect title that fact should be clearly stated. BAIL IN CRIMINAL CASES. 728. When the defendant in any criminal or habeas corpus case shall be admitted to bail, pending a decision by the Supreme Court, you will at once advise the department, stating when the bail was given, and in what amount, in order that steps may be taken for a prompt hearing of the case. APPROVAL OF PLEADINGS. 729. Duplicate copies should be sent to the department of all bills in equity, declarations, and other pleadings which require the approval of the Attorney General, in order that one copy may be retained for the department files, and, if afterwards printed, at least two copies should be sent to the department. ANTITRUST CASES. 730. No proceeding, civil or criminal, under the Federal antitrust laws should be instituted without first obtaining authority from the department. 144 IXSTRUCTIONS TO UX'ITED STATES DISTRICT ATTORNEYS. CHINESE-EXCLUSION CASES. 731. Any designation of a cominiissioncr under section 1 of the act of March 3, 1901 (see 31 Stat., 1093), should be reported to the Attorney General at once. 732. When an order of discharge is entered, establishing tlie law- fulness of the residence of a Chinese person in the United States by a court or commissioner, the clerk or commissioner should be instructed, if demand is made for additional certified copies of the order, to mark upon each successive copy furnished the words "first," "second," etc., and also the words "extra copy issued on account of loss of original." INSTITUTION, PROSECUTION, SETTLEMENT AND DEFENSE OF CIVIL SUITS AND REPORTS RE- LATING THERETO. 733. Prompt report should be made to the Attorney General of any infringement of the property or other interests of the Government warranting the institution of civil proceedings. Unless in case of exigency, where some material interests of the Government will suf- fer by delay, no civil suit should be instituted or defense interposed until reports have been made and appropriate instructions given. 734. When advice or information is desired as to the institution, conduct, or disposition of any suit by or against the United States, request therefor should be transmitted to the Attorney General, ac- companied by a clear and succinct statement of facts, the points of law involved, the authorities deemed applicable, and the opinion of the district attorney. 735. After judgment is perfected, execution shoul^ bo placed in the hands of the marshal at the earliest practicable moment, with instructions for prompt and dihgent action by that officer, and the district attorney should see to it that such action is taken, reporting to the Attorney General any delinquency by the marshal. 736. Except where authorized by law, district attorneys will not receive payment of any demand made in behalf of the United States. Unless otherwise provided by law or specific instructions, the money should be paid to Iho clerk of the court. 737. The Solicitor of the Treasury has been designated by the Attorney General to superintend the collection of debts due to the Post Office Department, including penalties and forfeitures imposed. A report of all such proceedings should be made to the solicitor. 738. Other rejiorts required by the Solicitor of the Treasury, with the approval of the Attorney General, shall be made upon appropriat(^ forms to be furnished by the solicitor. 739. The district attorney should report to the Attorney G(Mu>ial any property belonging to tli(^ United Static which is not reccuviug INSTRUCTIONS TO UNITED STATES DISTRICT ATTORNEYS. 145 proper care, any claim in favor of the Government not in his hands which in his opinion can be collected, and any default of any ofhcer or employee of the Government or other person engaged in the col- lection of any debt due the United States or of the customs revenue or in the disbursement of Government funds. 740. Wlierc an offer is made to settle by compromise a suit brought by the Government or claim transmitted by the Attorney General for prosecution, the district attorney shall transmit to the Attorney General the said offer, a full statement of facts, his recommendation in favor of or against the acceptance thereof, and reasons therefor. The procedure provided in section 3469, Revised Statutes, does not apply in such instances. SUITS AGAINST THE UNITED STATES. 743. If suit is brought against the United States in the United States District Court, under the act of March 3, 1887 (see 24 Stat., 506; Judicial Code, sec. 24, par. 20), the department should be promptly advised and the necessary data in the executive depart- ments for defense will be furnished. 744. In case of judgment or decree adverse to the Government, the procedure prescribed in section 7 of the act (see 24 Stat., 507) should be pursued. 745. Requests for findings which set out in the fullest detail all pertinent facts should be made. In case of refusal by the court to make findings upon any material, question of fact requested, exception should be reserved. 746. The record upon appeal or writ of error from decisions under this jurisdiction should not contain the evidence. APPEALS AND WRITS OF ERROR. The following instructions in relation to Government cases which may hereafter be taken to the United States Circuit Courts of Appeals or to the Supreme Court of the United States by appeal, writ of error, or otherwise, should be strictly followed: DISTRICT COURT. APPROVAL OF PLEADINGS. 747. Duphcate copies should be sent to the department of aU bills in equity, declarations, and other pleadings which require the ap- proval of the Attorney General, in order that one copy may be re- tained for the department files, and, if afterwards printed, at least two copies should be sent to the department. 895—16 10 146 INSTRUCTIONS TO UNITED STATES DISTRICT ATTORNEYS. REPORTING DECISIONS, SENDING COPIES OF BRIEFS, ETC. 747a. Achnse the department promptly of the decision ])y tlic District Court of the United States of Government cases which are of sufficient importance to be taken, by cither party, to the Circuit Court of Appeals or to the Supreme Court for review. This report is entirely distinct from that required for the Attorney General's annual report, from reports under the act of March 3, 1887 (24 Stat., 507), and from those required to be made to anj- other officer. It should state fully tlie questions of fact and law involved in the case and the decision, the recommendation of the district attorney, the reasons therefor, and be accompanied by copies of the court's opinion and the briefs or lists of authorities used by both sides at the trial. CIRCUIT COURT OF APPEALS. APPEALS BY UNITED STATES. 748. No appeal shall be taken to or writ of error sued out from a Circuit Court of Appeals in any Government case without the express authorization of this department. If requested to take such action by an officer of any other department, send a copy of his request im- mediately to the department. If, however, time does not permit, take the action requested and report to the department for instruc- tions as to whether the appeal shall be prosecuted. APPEALS BY OTHER SIDE. 748a. When Government cases are taken to the Circuit Court of Appeals hj the other side, advise the department thereof at once, stating when the case was docketed for review, its mmibers in the Circuit Court of Appeals and in the lower court, and the question and amount involved. FORWARDING COPIES OF RECORDS, BRIEFS, ETC. 748b. Send a copy of the record, when printed, and of each brief or other paper, when fled. When the case is decided send promptly a copy of the opinion of the court, with any recommendation or sug- gestion you may desire to malce. RECORDS, PRINTING IN CASES TO BE TAKEN TO SUPREME COURT. 748c. Where the record is voluminous in any Governjnent case, pending in a District Court, or in a Circuit Court of A]>peals, which is to be taken lo the Supreme Court, or in any case in which it is reason- ably certain that either party will appeal to tlu^ Sui)r(>me Court, arrangements should be made with oi)posing couns(>l for the ])rinting of at least tJtirty extra copies thereof, so as to avoid the necessity foi- reprinting in the Supreme Court; the cost of the extra copies to be paid by the party taking the appeal to the Supreme C(Mn-t. • INSTEUCTIONS TO UNITED STATES DISTRICT ATTORNEY'S. 147 RECORDS, PRINTING, IN SUPREME COURT. 748d, In no case, however, in which an appeal is taken to or a writ of error sued out from the Supreme Court to a District Court, or to a Circuit Court of Appeals, shall district attorneys undertake to have the transcript of the record printed. Such records are printed directly under the supervision of the clerk of the Supreme Court. BRIEFS, PRINTING, IN SUPREME COURT. 748e. See section 696a as to printing briefs. RECORDS, REDUCTION, ON APPEAL. 748f. Your attention is directed to the equity rules, promulgated by the Supreme Court on November 4, 1912, andf particularly to rules 75, 76, and 77, in relation to records on appeal. CASES FROM ALASKA, HAWAU, AND PORTO RICO. 748g. Cases from Alaska and Hawaii are reviewable in the Circuit Court of Appeals for the Ninth Circuit, under sections 134, and 128 and 116, respectively, of 'the Judicial Code, and cases from the District Court for Porto Rico are reviewable in the Circuit Court of Appeals for the First Circuit, under the provisions of the act of January 25, 1915 (38 Stat. L., 803, 804). Such cases should be promptly reported to the department so that instructions for review, if any, may be given. Definite instructions to the district attorney to look after the case in the Circuit Court of Appeals, or to turn it over to the district attorney for the district in Vvdiich the court is sitting, will be given in each case by the department. SUPREME COURT. CITATIONS, ON APPEAL OR WRIT OF ERROR. 749. Promptly furnish to the department copies of citations served upon you in Government cases taken to the Supreme Court, sending at the same time, unless tJieretofore transmitted, copies of the record in the Circuit Court of Appeals, briefs on hoth sides, etc., and the opinion of the court. APPEALS, BY UNITED STATES. 749a. No appeal shall be taken to or writ of error sued out from the Supreme Court in any Government case without the express authoriza- tion of this department. If requested to take such action by an officer of any other department, send a copy of his request immediately to the department. If, however, time does not permit, take the action requested and report to the department for instructions as to whether the appeal shall be prosecuted. 148 INSTRUCTIONS TO UNITED STATES DISTRICT ATTORNEYS. FORWARDING TRANSCRIPT OF RECORD. 7-i9b. Wlion directed to take an appeal or sue out a writ of error on behalf of the United States,, notify the department of the date of the allowance of the appeal or the suing out of the writ of error, and have the certified transcript of the record sent direct to the depart- ment (not to the clerk of the Supreme Court), so that it may be exam- ined before filling. The Supreme Court assents to this course as a sufficient compliance with rule 8, which requires the dork of the lower court to transmit a transcript of the record. PETITIONS FOR CERTIORARI, ETC. 749c. wShould notice be served upon you at any time by opposing counsel in any Government case that an application for a writ of certiorari, or other similar petition or motion, will be presented to the Supreme Court of the United States, you should positively refuse to accept service thereof, stating to counsel that you are without authority to do so; that notice, including the date of the proposed presentation, together with copies of the petition or motion, and brief, should be sent to the Solicitor General, who is directly in charge of Government cases in the Supreme Court. A strict com- pliance with this rule is necessary to the proper conduct of the Govern- ment business in that court. A copy of the petition or motion, however, if lodged with you, should be sent at once to the depart- ment with information as to when it is to be submitted to the Supreme Court. Copies of the record, briefs, etc., and opinion of the Circuit Court of Appeals should be transmitted also, unless previously sent. CASES UNDER CRIMINAL APPEALS ACT. 750. In all criminal cases, in which a writ of error will fie on behalf of the United States direct from the Supreme Court to the District Court, as provided in the act of March 2, 1907 (34 Stat. L., 1246), district attorneys arc requested to have the judge file a written opinion showing that the decision sustaining a demurrer to, quashing or setting aside, the indictment (not information), is based upon the invalidity or construction of the statute on which the indictment is founded. If only the construction of the indictment is involved, the case is not reviewable. This fact should be shown in order to give the Supreme Court jurisdiction under the act. See United States V. Carter, 231 U. S., 492, and United States v. Nixon, 235 U. S., 231. 750a. As the time within which writs of error under this act may be sued out is fixed at 30 days from the date of the entry of the judgment or order, reconmiendations as to taking sucli cases to tlu> Supi('in(> Court should be made as ])romptly as possible. IN■STEUCT10^'S TO UXITED STATES DISTEICT ATTORXEYS. 149 750b. The rocomnit>ndation should be accompanied by copies of the decision of the court, the indictment, the demurrers or pleas interposed by the defendant, a transcript of the proceedings, if available, and a brief i)f the authorities cited on both sides. 751. Wlien the defendant in any criminal case, or petitioner in any habeas corpus or deportation case, shall be admitted to bail, pending a decision by the Supreme Court, you will at once advise the department, stating when the bail was given, and in what amount, in order that steps may be taken for a prompt hearing of the case. RECORDS, FORM, ETC. 752. The attention of district attorneys is directed to rule 8 of the Supreme Court, the amendments to sections 2 and 9 of rule 10, pro- mulgated by the Supreme Court March 20, 1916, and Department Circular No. 594 of April 10, 1916, in relation to transcripts of record on writ of error and appeal; and to rule 31 in relation to the form of printed records. BILLS or EXCEPTIONS. 753. In the preparation of bills of exceptions in cases to be taken to the Supreme Court, rule 4 of that court, which prohibits the allowance of any bill of exceptions "which shall contain the charge of the court at large to the jury in trials at common law upon any general exception to the whole of such charge," should be complied with. 753a. The bill should contain only a succinct statement of so much of the evidence, or such a statement of its tendency or effect, or of the facts proved, as may be necessary to explain the Ijearing of the alleged erroneous rulings and show the application of the portions of the charge excepted to. (See Lincoln v. Claflin, 7 Wall., 132, 136; Hanna v. Mass., 122 U. S. 24; Michigan Insurance Bank v. EMved, 143 U. S., 298; Lees v. United States, 150 U. S., 476.) 753b. As the Supreme Court mil not review the action of the lower court in refusing to grant a motion for a new trial (Blitz v. United States, 153 U. S., 312, and cases cited), the opinion of the court on such a motion must not be m.ade a part of the record (rule 8, section 2, not applying to such opinions). A copy of such opinion, however, is frequently of use in the preparation of the brief of the case in the Supreme Court, and should be sent to the department with your report. 753c. You are directed to object to any bill of exceptions presented to you which is not made up in conformit}" with these instructions. 150 INSTRUCTIONS TO UNITED STATES DISTRICT ATTORNEYS. 7o3rl. A strict ooinpliuncc ^vitll tlioso ijistruotions is necessary in order to save the expense oi" printuig volinninous records and the time of the court and of counsel. ASSIGNMENTS OF ERROR. 754. The attention of district attorneys is also directed to rule 35 of the rules of the Supreme Court, in relation to assignments of error. EXPEDITING ACT, CASES UNDER. 755. In cases taken to the Supreme Court under section 2 of the Expediting Act, approved February 11, 1903 (32 Stat. L., 823), as amended June 25, 1910 (36 Stat. L., 854), or under section 3 of the ElJcins Act, approved February 19, 1903 (32 Stat. L., 847), reports to the department called for supra should be sent as promptly as possible, as any appeal must be taken within sixty days from the date of the entry of the decree. MANDATES. 756. Apphcations should not be made by district attorneys to the clerk of the Supreme Court for mandates in Government cases. Mandates will be sent to them at the proper time by the departn (>nt. APPLICATIONS FOR EXECUTIVE CLEMENCY. 757. Such applications (except as stated in the next paragraph) are addressed to the President and filed in the Department of Justice. They are then referred by the department to the district attorney for the district in which the applicant was convicted for a report as to the facts, his own recommendation in the premises^ and if possible the recommendations of the trial judge. It is desirable that the recommendations of the judge be over his owii signature. 758. Applications for pardon or commutation of sentence in Army and Navy cases are not considered by the Department of Justice, and should be sent to the Secretary of War and the Secretary of the Navy, respectively. After such cases have been acted upon favor- ably by the heads of those departments and by the President, the formal warrants of pardon are issued through the Department of Justice. 759. A copy of the "Rules Relating to Ap])licatious for Pardon" should be in the office of every district attorney. Such co])ies will be furnished on request, but blank forms of petitions for pardon are not provided. PART FOUR. INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. [The word -clerk" as used in these instructions refers to the clerks of 1 he district court, excepting as otherwise specifically stated.] Appointment and qualificiUi'Mi •Deputies and assistants Reporting civil suits and protecting property interests of the United States. . . . 153 Compensatiim Accounts Eitiokunent returns Emolument returns of clerks of circuit courts of appeals 158 Office expenses '^ Expense accounts of deputies - Bankruptcy matters Poor suitors ^^^ Fees ]ll Decisions relative to fees Printing briefs, records, court calendars, etc 169 Recording and reporting appointments, etc., of U. S. Commissioners 170 Miscellaneous matters 171 Seamen's wage cases Record books (other than those supplied by the departmont) 172 Records books f tirnished tipon requisition 172 Official funds 1^^ Reports of official moneys 1^'* Issuance of applications for passports 186 APPOINTMENT AND QUALIFICATION. APPOINTMENT. 760. Clerks of district courts are appointed by the respective dis- trict judges. (See 36 Stat. L., 1087.) Clerks of circuit courts of appeals are appointed by the court. (See 36 Stat. L., 1132.) 761. The law provides that no person shall be appointed or employed in any office or duty in any court, who is related by affinity or consanguinity within the degree of first cousin to the judge of such court, but excepts those who held positions or employments in circuit courts when they were abolished, in the matter of their ap- pointment or employment in the district court succeeding to the cir- cuit court's jurisdiction. (See 36 Stat. L., 1105, and 37 Stat. L., 46.) OATH. 762. Each clerk of the district court or circuit court of appeals must take the oaths or affirmations of office prescribed by sections 794 and 1757, R. S. U. S., certified copies of which should be trans- mitted to the Department of Justice, 151 152 [XSl HrC'llOXS TO CLEHKS OF UNITED STA'l'KS COURTS. BONDS. 763. Clerks of district courts and circuit courts of appeals are required by law to execute official bonds in an amount (not less ^than $5,000 nor more than $20,000) to be determined and regu- lated by the Attorney General. Such bonds must be approved in open court and recorded. The original bond, accompanied by a certified copy of the order of approval, must be transmitted to and remain on file in the Department of Justice. Certified copies shall be competent evidence in any court. Bonds in increased amounts not to exceed $40,000, may also be required. (See sees. 2 and 3, act of Feb. 22, 1875, 1st Sup. R. S. U. S., p. 65.) 764. Blank forms for clerks' bonds will be fuinisliod by the department upon applicntion therefor. EXAMINATION AND RENEWAL OF BONDS. 765. Every officer required by law to take and approve official bonds should cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer havmg power to fix the amount of an official bond should examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary. (See 28 Stat. L., 807.) 766. Ever}^ officer whose duty it is to take and approve official bonds should cause all such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strengthened oftener if he deem such action necessar3\ DEPUTY CLERKS AND OFFICE ASSISTANTS. 767. There are a number of specific provisions of law requirmg deputy clerks to be stationed at given points. In all other instances the clerk may, with the approval of the district judge, appoint such number of deputy clerks to reside and maintain offices at such points as may be deemed necessary- by the judge. Such deputies may be removed at the pleasure of the clerk, with the concurrence of the judge. (See 36 Stat. L., 1087.) 768. The compensation of deputy clerks is subject to the approval of the Attorney General. Clerks should include the names of their deputies and the proposed rates of compensation in the annual appli- cation for authority to incur office expenses, to be made as directed ill i)aragraph 824. 769. Clerical assistants other than deputies may be employed upon authorization by the Attorney General at rates of compensa- tion fixed by him. Annual application for such authority should be made as directed in paragraph 824. IXSTUrCTlONS TO CJ.KHKS OF UiNITED STATES COURTS. 153 770. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in ofRce and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the default or misfeasance in ofTice of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate and the sureties on his oflicial bond shall be liable: and his executor or administrator shall have such remedy for any such default or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. (See 36 Stat. L., 1087.) OATH OF OFFICE. 771. Deputy clerks must take the oaths or affirmations prescribed by sections 794 and 1757, R. S. U. S., as in the case of cl rks. BOJfDS. 772. The court may require any deputy clerk to give a bond similar to the bond furnished by the clerk. Such bond should be recorded, and the original transmitted to the Department of Justice. The legal responsibility of the clerk for the acts of the deputy is not affected by the existence of the deputy's bond. A deputy, giving a bond, should be bonded to the United States and not to the clerk. (See sec. 796, R. S. U. S.) REPORTING CIVIL SUITS AND PROTECTING PROP- ERTY INTERESTS OF THE GOVERNMENT. 773. The following regulations are prescribed by the Solicitor of the Treasury under authority of sections 377, 379, and 797, R. S. U. S.: 774. When a civil suit is commenced in behalf of the United States, the clerk, in all cases required by the SoHcitor of the Treasury, with the approval of the Attorney General, will promptly report the fact to the Solicitor of the Treasury, stating the time of commencement, the character of the action, the amount claimed, and the parties thereto, according to the form prescribed for that purpose. 775. Within 30 days after the adjournment of each term of the court the clerk will forward to the .Solicitor of the Treasury a hst of all judgments and decrees entered therein since the close of the term next preceding the one so adjourned, showing the amount adjudged or decreed for or against the United States, specifying the amount of debt or damages and costs; showing also in each case whether execution has been issued, the time when issued, and whether it has been returned; and if returned, setting forth the time when the return was made and the substance thereof. Blank forms for such returns mil be furnished by the office of the solicitor. 776. Clerks will report respecting all post-office cases, as required of United States attorneys by paragraph 738 of these instructions. 154 IX.STliUCTlOXS TO CLKKKS OF UNITED STATES COUKTS, 777. Internal-revenue cases are not to be reported to the Solicitor of the Treasury, but action on forfeited recognizances in such cases shoidd be so reported. 778. Clerks will report to the Solicitor of the Treasury the exist- ence and situation of any property belonging to the United States which is not in the care of any officer or agent of the Government, to the end that it may be protected and preserved. If they shall dis- cover that any claim in favor of the Government, apparently neglected, can be collected, they wiU report to the Attorney General and recom- mend the best mode of proceeding. They mU also report imme- diately to the Attorney General any defaidt of anj^ officer or person engaged in the collection of any debt due the United States or of the customs revenue or in the disbursement of any money belonging to the Government. CLERKS' COMPENSATION. 779. Clerks are compensated out of fees earned from the United States and from individuals and corporations. — -Excepting m a few States where special provisions appl}^, the maximum compensation is at the rate of $3,500 per annum. Earnings are appUcable, first, to the i)ay- ment of authorized office expenses, including clerk hire. The residue may be retained by the clerk as personal compensation withhi the prescribed maximum, any excess to be paid into the Treasury or deposited to the credit of the Treasurer bf the United States. (See ec. 839, R. S. U. S.) 780. Additional compensation may be earned in prize cases. (Sec sec. 842, R. S. U. S.) 781. A clerk's maximum compensation is computed by the cal- endar year, and where he serves less than a year is liiAitcd to a pro rata for the period of service. (See 7 Comp., 171.) 782. A deceased clerk's estate is not entitled to the personal com- pensation of the office accruing subsequent to his death and prior to the appointment of his successor. (See 15 Comp., 401.) 783. The aUowance for personal compensation for each calendar year shall be made only from the foes and emoluments of that year. (See sec. 843, R. S. U."s.) ACCOUNTS. (Kor foes earned from the United States.) GENERAL INSTRUCTIONS. 784. Accounts should be prei)arod quarterly, on paper 81 by 14 inches, and transmitted to the Department of Justice within 20 duys after the close of the quarter. Each account must inchulc nil fci>s earned from the United States during the quarter. INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 155 785. Tlie quarters of a fiscal year end Sept ember 30, December 31, March 31, and June 30, respectively. 786. The pages should be numbered in the lower left-hand corner and the footing of each page carried to the top of the next page. 787. Charges should be arranged in the following order: (a) Travel to attend court (stating the places from which and to which travel was made) . (b) Attendance on court (stating each day for which a per diem is charged. If a Sunday or holiday is charged for, it must be shown that court was open and business transacted therein) . If attendance is charged when the judge was absent, the account should show the services on which the charge is based. (c) Return travel. (d) Miscellaneous services not rendered in a particular case. (e) Services in cases. 788. There must be an itemi^ation of charges showing: (a) The title and character of each case in which services are charged. (6) The date of each item of service. (c) The character of each paper hied. (d) The folios contained in each paper drawn and each entry made. (See sec. 854, R. S. U. S.) 789. All charges for services relating to proceedings leading up to and subsequent to an mdictment against any one or more persons, including charges for filing the commissioner's papers, should be made under a single case caption; and where it is not clear from the nature of the service itself that such service was on behalf of the United States, the account should show the facts which made it a service on their behalf. 790. Wliere fees are claimed in two or more cases against the same defendant, they should, if possible, be charged on the same or consecu- tive pages of the account. 791. Copies of orders approving accounts (to be attached to the duplicate accounts) are unnecessary when the duplicates are or should be filed in the office of the clerk at the place of approval, and fees for making or certifying such copies will not be allowed. 792. Certificates of clerks that duplicate accounts have been filed in their offices are unnecessary, and fees for making such certificates will not be allowed. 793. Seals to copies of orders approving accounts are required; but seals to affidavits and to copies of orders relative to subvouchers are not required, and charges therefor are not allowed. 794. When charge is made for issuing a capias or bench warrant, it must be shown whether the defendant was akeady in custody or on bond; and, if on bond, that the warrant was issued on order of court. (See act of Mar. 3, 1887.) 156 ]XSTRUCTH)XS TO CLKKKS OF UNITED STATES COURTS. 795. When charge is made for issumg an alias or pluries writ of capias, the account must show that the same was issued upon the order of the court or on praecipe of the district attorney. 796. When fees are claimed for administering oaths to witnesses to testify, it should be affii-matirely shown that such witnesses were SAvorn on behalf of the United States or after having been subpoenaed under the provisions of section 878, R. S. U. S. 797. Wliere fees are claimed for services rendered on appeal, the account should clearly show by whom the appeal was taken; and in all other cases the account should clearly indicate the nature of the service and on whose behalf it was rendered. 798. Charges for mileage should be included in quarterly accounts. 799. \^liere more than $1 is charged for docket fee, the account must show that issue was joined; and where $3 is charged, it must also show that testimony was taken. 800. When folio fees are claimed for making entries in cases, the account must show the total number of words in each entry. AFFIDAVIT AND APPROVAL. 801. Accomits slioidd be supported by an affidavit in the followiiig form : I. , clerk of the United States district court for the district of being duly sworn, depose and say that the foregoing account, amounting to >■ , is just and true as therein stated; that no payment has .been received by nie on account thereof; that the services therein charged have been actually and necessarily performed as therein stated; and that all mileage charged is for actual and necessary travel. Chrk District Court. Subscribed and sworn to this day of l!>. . . 802. They must be submitted for approval in open court. 803. The order of approval sliould be in substantially the follow- ing form: Vv'hereas , clerk of the United States district court for the di; trict of , has rendered to this court an account for his official -ervices from the day of , 19 . . , to the day of J9.., in the presence of the district attorney, and has, by his oath, attached to the account, proved to the satisfaction of the court that the ser\ice8 therein charged have been actually and necessarily performed as therein stated; and whereas said charges appear to be just and according to law, it is hereby ordered that said account, amounting to ( ) dollars bo, and the same is hereby, approved. It is hereby certified that upon each day for which aper diem is charged in this account the court was opened for 1)U8iness and the judge present and presiding, except on the following days, viz, , on which the district court was ad- journed upon written orders of the judge^ as provided by section 12 of the judicial I'ide, and except on the following days, viz, , on which ordci-p ni' cuurt were entered of record. 804. Any item or items not approved by the court should bo >iH'cified. INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 157 EXPLANATIONS, SUSPENSIONS, DISALLOWANCES, AND REQUESTS FOR DECISIONS FROM THE COMPTROLLER. 805. Responses to interrogatories from the Dej)artment of Justice relative to accounts should be in duplicate. Explanations to suspen- sions by the Auditor for the State and Other Departments should be sent directly to the auditor. They are not required in duplicate. (For instructions as to appeals, etc., see pars. 1075 to 1087.) 806. Interrogations from this Department, statements of suspen- sion and disallowance by the Auditor, and copies of answers thereto, with other correspondence relative to clerks' accounts and emolu- ment returns, should be carefully filed, separate from other papers. EMOLUMENT RETURNS. 807. Clerks are required to make to the Attorney General, in such form as he may prescribe, semiannual returns covering the first and the last six months of each calendar year, respectively, of all amounts received for services in any way connected with the clerk's office dur- ing the period covered, and all amounts earned, whether received or not received. (See sec. 833 R. S. U. S., and 32 Stat. L., 475.) Note. — No amount in excess of $1 may be received from any att )rney in connection with his admission to ]iractice. Tliis amoimt is regarded as also covering the issu- ance of a certificate of admission if required. 808. Every clerk shall, at the time of making his emolument return, deposit to the credit of the Treasurer any surplus over and above his compensation and authorized expenses. (See sec. 844 R. S. U. S.) 809. The first return will include the day upon w^hich the clerk assumes duties. The last return will terminate with the day previous to the day upon which his successor assumes duties. 810. In case of the death of a clerk, the returns should be rendered in his name until his successor assumes duties. They should be prepared by the chief deputy, or some other person having knowl- edge of the facts. 811. Mileage is not a foe, and the clerk should not charge himself therewith. It should be reported, as indicated by the forms. 812. It is unlawful to include in an emolument return fees not actually earned and due prior to the close of the period covered. (See 28 Stat. L., 956.) 813. All the information contemplated by Forms 119-x\, 120-A, 131-A, 153-A, and 168-A is essential and must be furnished. If there are no earnings to be reported on a given form it should, nevertheless, bo included with the return, w^ith a statement of this fact thereon. Wlierc there are divisions in a district, the earnings in each should be sep- arately reported. The footing of each column on the forms should be carried to the top of the next. 158 ixsTRucTiONs TO cl?:kks of united states courts. 814. Exact duplicates of emolument returns, including the sched- ules of earnings, should be retained by the clerk. 815. Fees for making copies of declarations of mtention and certifi- cates of naturalization must be accounted for in the regular emolu- ment returns. (See 15 Comp., 289.) For the proper fees see para- graph 844 (h), (i), and (n). 816. Emolument returns must be verified by affidavit, before an officer authorized by law to administer oaths generally. EMOLUMENT RETURNS OF CLERKS OF UNITED STATES CIRCUIT COURTS OF APPEALS. 817. Clerks of United States circuit courts of appeals are required to make a return to the Attorney General, annually, of all fees and emoluments of their offices. Such return shall cover all fees and emoluments earned during the preceding year; necessary office ex- penses for such year, including clerk hire and compensation of the clerk (in addition to an annual salary of $3,500, payable monthly by. the marshal from the appropriation entitled, "Salaries Circuit Courts"), not to exceed $500 per annum. (See 31 Stat. L., 839.) OFFICE EXPENSES OF CLERKS OF DISTRICT COURTS. 818. Authority should be procured from the department before any expense (other than that for telegrams and long-distance phone calls) is incurred. Charges for expenses not previously authorized are subject to disallowance. 819. If in an emergency an expense is necessarily hici^rred without authority, application, accompanied by full explanation of the emer- gency, should be made at once for permission to include said expense in the emolument return. 820. On June 1 and December 1 of each year clerks should make application to the department for authority to purchase supplies (including b\ai\k forms, stationery, etc.), needed for official purposes during tlie six months beginning July 1 and January 1, respectively. 821. Such aj^plications, prepared on Form 25-A, should be accom- panied by competitive bids, unless this course is manifestly impracti- cable. Failure to submit bids must be explained in each instance. 822. When bids are solicited competitors should be furnished with definite and identical information upon which to base proposals. 823. Tlie department will, from time to time, suggest the names of Government contractors who can supply staple articles at special rates. Clerks should then obtain ciuotations from tlu^ (irms suggested and report results to the department. IXSTRUCTIONS TO CLERKS OF UXITKD STATES COURTS. 159 S24. Oil Docembor 1 of each year clerks should maki? application to the department for authority to incur the following items of expense (should they be considennl jiecessary) during the calendar year beginning January 1 : (a) Clerk hire and paynient of deputies. The application must state the following: ■ (1) Name of each deputy clerk and clerical assistant. (2) Location of each. (3) Proposed rates of compensation. (4) Whether any of them are employed in any other capacity. (5) What deputies or assistants, if any, are rendering services in connection with naturalization proceedings; what portion of their time is devoted to that work; and what payments, if any, arc made to them from naturalization earnings. (h) Telephone service. (vState monthly or annual rate of rental; whether main or extension stations are needed; whether service will be required for the entire year or only for a limited period.) (c) Post-ofhce box rent. (State monthly, quarterly, or annual rate of rental.) (d) Traveling expenses of deputy clerks. (State number of trips to be made; destinations, etc.) 825. Clerks, on authority of the directly sanc- tioned by the court. (See 2 Comp., 342.) 858. Where a restraining order directs that the marshal serve the defendants with a certified copy thereof, the clerk is entitled to fees for certificates to the copies, but not for seals to such certificates. (See 2 Comp., 342.) CITATIONS. 859. As a marshal can serve process in any county in his district, l)ut one original citation in scire facias cases is necessary, and a clerk is not entitled to fees for issuing several original citations under the State practice requiring separate citations. (See 3 Comp., 419.) COMMISSIONS. 860. In order to entitle a clerk to the commission provided by law for "receiving, keeping, and paying out money in pursuance of any INSTRUCTIONS TO CLEEKS OF UNITED STATES COUETS. 165 statute or order of court," the money must actually pass through his hands. (See 15 Comp., 354.) 861. Clerks are entitled to fees for making copies, as follows: (a) Of orders approving accounts to be forwarded to the depart- ment. (See 147 U. S., 672.) (b) Of indictments furnished defendants, when ordered by the court to be made at the expense of the United States, but not other- wise. (See 7 Comp., 219.) (c) Of subpoenas, when ordered by the court to be made. (See 140 U. S., 169.) COSTS. 862. A clerk who has paid into the Treasury the costs taxed against the defendant in a case where the Government is the plaintiff can not demand repayment from the United States of the sum taxed as his fees. (See 2 Comp., 418.) DOCKET FEES. 863. The docket fee of $3 covers the entry of the case upon the docket, indexing the same, making contemporaneous minutes and entries upon the docket or calendar, and such other incidental services as are not covered by other clauses of the statute. (See 140 U. S., 169.) 864. A clerk's right to a docket fee as upon issue joined attaches at the time issue is in fact joined, and is not lost by the subsequent with- drawal of the plea which constituted the issue, and this rule apphes to cases in which, after issue is joined, the case is discontinued or nolle pros entered. (See 164 U. S., 49.) 865. When several persons are indicted under one indictment, an order of court granting separate trials makes independent causes and entitles the clerk to separate docket fees under paragraph 10 of section 828, R. S. U. S. (See 204 U. S., 562.) 866. A clerk is not entitled to a docket fee — (a) Until the case is finally disposed of as to all defendants. (See 147 U. S., 692.) (6) When no indictment has been found. (See 147 U. S., 687.) (c) In proceedings to remove a prisoner to another district for trial. (See 147 U. S., 676.) ENTRIES. 867. A clerk is not entitled to foho fees — (a) For making docket entries. (See 6 Comp., 382.) (6) For entering an order or making a record where the only service performed is the filing of a paper in his office. (Id.) 166 INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 868. A clerk is entitled to a fee of 15 cents per folio for making entries in a separate cash book which he keeps by direction of the Attorney General as a record of moneys received from the marshal and deposited in the Treasury, as required by section 6 of the act of May 28, 1896. (See 3 Comp., 616.) FILING. 869. A clerk is entitled to fees for filing — (a) Separate papers sent up by commissioners in crimmal cases. (See 140 U. S., 169.) (b) Marshals' duplicate accounts, with the vouchers attached, but not for filing each voucher. (See 147 U. S., 672.) (c) Bank certificates of deposit, for fines paid, to the credit of the Treasurer of the United States. (See 164 U. S., 49.) 870. A clerk is not entitled to fees for filing — (a) Orders of the United States attorneys to discharge witnesses. (See 147 U. S., 695.) (&) Separate orders for the payment of jurors and witnesses. (See 147 U. S., 676.) (c) Exhibits temporarily in his custody. (See 14 Comp., 598.) FINAL RECORDS. 871. A clerk is entitled to fees for recording, after the determination of prosecution, all the proceedings relating to it, including the order of commitment. (See 147 U. S., 672.) 872. A clerk is not entitled to a fee for entering in final record proceedmgs before a committmg magistrate, as, although they may properly be filed and a fee charged for filing, they form no part of the record. (See 147 U. S., 676.) 873. The rule in United States v. Kmg, that proceedmgs before a committing magistrate form no part of the final records, applies to affidavits. (See U. S. v. Taylor, 147 U. S., 695.) 874. A clerk is not entitled m computing the folios in a final record to treat each document, judgment, etc., as a separate instrument, but should count the folios of the record as one instrument contmuously from beginning to end. (See U. S. v. Kurtz, 164 U. S., 49.) HABEAS CORPUS PROCEEDINGS. 875. 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. (See 2 Comp., 220.) LIST OF JURORS. 876. When a list of jurors with their residences is requhed to be made by the order or practice of the court, and to be posted up in the INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS, 167 clerk's office or preserved in the files, and no other mode of compen- sating the clerk is provided, it may be charged for by the folio. (See 164 U. S., 49.) MILEAGE. 877. If the court sits for any number of days in succession, the clerk should contmue in attendance, but if the court is adjourned over one or more intervening days he is not obliged to remain at the place of holding court, but may return to his home and charge travel for going anew to attend the term at the day to which it is adjourned. (See U. S. V. Harmon, 147 U. S., 268.) 878. A clerk is not entitled to mileage — (a) For travel in going home on Saturday when the court is adjourned over Sunday. Sunday is a nonjudicial day which does not interrupt the continuity of the term of court. (See 153 U. S., 88.) (b) For travel made by his deputy to attend court. (See 5 Comp., 886.) (c) For travel from his place of residence to the place of holding court when the sole purpose of the travel is to draw juries. (See 12 Comp., 573.) (d) For travel to attend court at a place where he has a deputy, when the only service to be performed is the entry of an order ad- journing the court to a future day, of which order he has notice before the travel was made. (See 12 Comp., 360.) OATHS. 879. A clerk is entitled to the fee for administering the oath to a bailiff in charge of a jury, such oath not being the oath of office. (See 8 Comp., 479.) 880. A clerk is not entitled to fees from the United States for administering oaths of office to deputy marshals, jury commissioners, bailiffs, district attorneys, or their assistants, the oaths being properly chargeable to the officers sworn. (See 140 U. S., 169.) 881. A clerk is not entitled to fees for admmistermg oaths to wit- nesses on behalf of non-indigent defendants, i. e., where said witnesses have not been subpoenaed under the provisions of section 878 R. S., U. S. (See 14 Comp., 222.) 882. The authority conferred by the act of May 28, 1896, upon clerks of courts to administer oaths extends to their deputies. (See 7 Comp. MS., 672.) PER DIEMS. 883. A clerk is entitled to per diem compensation — (a) For attendance on court at each of two or more places in the district when he personally attends at one place and by deputy at the others. (See 147 U. S., 676.) 168 INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. (6) When the court has met and been opened and adjourned by the judge for one day or for more than one day successively and then adjourned by written order of the judge from day to day for any number of days so ordered. (See 147 U. S., 669.) (c) For attendance on court on a day on which business was "transacted by clerk under orders of the judge," although the busi- ness transacted is the entry of orders made by the judge at another place and sent to the clerk. (See 8 Comp., 848.) {d) For attendance on court on days when the court is opened by the judge for business, although no business is actually transacted. (See 4 Comp., 161.) (e) For referring voluntary bankruptcy petitions to the referee in the absence of the judge. (See 212 U. S., 275.) 884. A clerk is not entitled to per diem compensation — (a) For services in selecting juries in connection with the jury commissioner. (See 147 U. S., 676.) (Jb) When the only service performed, in the absence of the judge, is the filing and entering returns on writs and the filing of papers. (See Hyams v. U. S. Ct. Cls., No. 31115.) (c) When the only business transacted, in the absence of the judge, is the filing of naturalization papers. (See 18 Comp., 921.) RECOGNIZANCES. 885. Recognizances may be taken either in open court, in which case a record entry is made of the fact upon the journal, or by a separate instrument signed and acknowledged before a proper officer. In the one case the clerk is entitled to a fee for making the entry, and in the other for drawing and filing the recognizance (see U. S. v. Bar- ber, 140 U. S., 164, 166, par. 3), but not for both." (See U. S. v. Payne, 147 U. S., 687.) 886. A clerk is not entitled to charge for taking separate recogni- zances of witnesses in criminal cases miless witnesses could not be conveniently recognized together. (Sec 147 U. S., 676.) RECORDS. 887. 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. (See 2 Comp., 612.) 888. A clerk is entitled to the fee for affixing the seal to the cer- tified copy of an order appointing a United States commissioner fur- INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 169 nished the appointee, such appointee not having been an officer until he accepted his appointment. (See 8 Comp., 479.) 889. A clerk is not entitled to the fee for affixing the seal to— (a) A certificate of the clerk which is for use of officers of the court only. (See 6 Comp., 540.) (b) A copy of an order of court where the order itself directs a " certified" copy only. (See 6 Comp., 900.) (c) Original writs, the seal being a component part of the writ for the issuance of which a fee is provided. (See 8 Comp., 479.) SEARCHES. 890. In the absence of a rule or order of court to the contrary, a clerk may properly charge a fee of 10 cents for filing a requisition for a search, 15 cents for making the search, 15 cents per folio for the certificate, and 20 cents for the seal, when the seal is required to be afiixed. (See 18 Comp., 947-949.) PRINTING BRIEFS, RECORDS, COURT CALENDARS, ETC. 891. Not later than June 1 of each year clerks will confer with district attorneys and soHcit competitive bids for — (a) The printing of briefs and records for the approaching fiscal year. (h) The printing of court calendars, bar dockets, trial and jury lists for the approaching fiscal year. }^ToxE.— The instructions contained in section (b) of the above paragraph apply only to those districts where it is customary to provide calendars, etc., for distribution. 892. Bidders should have definite and identical information upon which to base proposals. The rates per page to be charged for briefs, records, calendars, etc., must be separately stated. 893. All bidders must offer in writing to comply with the provi- sions of the act of June 19, 1912. (See 37 Stat. L., 137.) Bids which do not contain this offer will not be considered. 894. The bids submitted should be transmitted to the department with proper recommendations for authority to award the contract for the year's work. The award of the contract, however, does not ordi- narily convey any authority to have calendars, briefs, or records printed. Applications for such authority must be made in the usual manner on Form 25-B, by the clerk as to calendars, bar dockets, etc., and by the district attorney as to records and briefs, in each particular case as the necessity arises. 170 IjS'structions to clerks op united states courts. VOUCHERS. 895. Form 324, entitled "Vouclier for purchases and services other than personal," should be used for bills for printing calendars, briefs, records, etc. Payment will be made by the marshal from the appro- priation "Miscellaneous Expenses, U. S. Courts, " covering duly author- ized expenses, set forth on properly prepared and certified vouchers. RECORDING AND REPORTING APPOINTMENTS, ETC., OF COMMISSIONERS. (See also pars. 953 to 959, Instructions to Commissioners.) 896. Appointments of commissioners must be entered of record by the clerk of the district court, and notice furnished at once by the clerk to the Attorney General. In reporting appointments or reappointments, clerks should state — (a) The full name of the appointee. (b) The date of the order of appointment. (c) The date the appointment became effective. (d) The date the appointee executed the oath of office. (e) The official residence of the appointee. 897. In reporting resignations or removals, the clerk should state definitely when they become effective. ''At the close of" (giving the date) is the form to be observed. 898. Certificates or seals to notices of the appointment of commis- sioners, copies of orders of appointment, or copies of their oaths of office are not required. Fees therefor will not be allowed. MISCELLANEOUS MATTERS. 899. Clerks should ordinarily forward process direct to the marshal. If, however, immediate service is necessary, it may be delivered to a deputy marshal. 900. Clerks should furnish the Department of Justice and the Auditor for the State and Other Departments with copies of rules of court, when printed, and copies without seals of new rules or amenda- tory orders. 901. Fees will be allowed for issuing executions and subpoenaing witnesses on behalf of the United States only when the accounts show affirmatively that they were issued either — (a) Upon the written request or praecipe of a United States attorney. (b) In obedience to an order of court. (c) Upon request made by a grand jurv. 902. Witnesses on behalf of the United States shall ho subpa^naed to testify generally, and not to depart without leave. Under such INSTRUCTIONS TO CLERKS OF UXITED STATES COURTS. 171 process they shall also appear before the grand or petit jury, or both, as may be required. (See sec. 877, R. S. U. S.) 903. It is the duty of the clerk to insert the names of as many wit- nesses in a given subpoena as convenience in serving \vill permit. (See sec. 829, R. S. U. S.) 904. If subpanas are to be sent out of the district, they should show upon their face whether they were issued in civil or criminal causes or for appearance before the grand jury- (See sec. 876, R. S. U. S.) 905. It is the duty of clerks to transmit the original accounts of marshals (as well as their own accounts) to the Attorney General for examination, and retain the duplicates, which shall be open to public inspection. Such accounts should be forwarded immediately after approval. (See 18 Stat. L., 333, and 28 Stat. L., 210.) 906. Clerks must certify to marshals abstracts of payments to jurors and witnesses. But one certificate is required for each complete list for a term of court, included in one account. The seal of the court is unnecessary. (See pars. 482 to 486.) 907. Clerks will not be allowed fees for furnishing district attor- neys with copies or transcripts of entries covering data which, under these instructions, should be available from the records of the attor- ney's office. 908. Articles purchased from emoluments are the property of the Government, and must be accounted for accordingly. 909. The records of a district court shall be kept at the place where the court is held. When it is held at more than one place in any dis- trict and the place of keeping the records is not specially provided by law, they shall be kept at either of the places of holding the court which may be designated by the district judge. (See 36 Stat. L., 1088.) 909a. It is urged that, in any kind of an action, where not incon- sistent with a rule of court, bonds or stipulations for costs, or for the release of vessels or other property, be so drawn as to bind the obligors specifically for the payment in any event of the fees and expenses of court officers for services in their behalf. SEAMEN'S WAGE CASES. 909b. (a) Every seaman who is a citizen of the United States is entitled to the benefit of the poor suitor's act (36 Stat. L., 866) upon taking the oath therein prescribed. If he files such oath and prevails in his action, your earnings should then be collected and accounted for. (&) If the seaman is not a citizen of the United States or, being such, fails or declines to take the poor suitor's oath, clerks should, 172 INSTRUCTIOXS TO CLERKS OF UNITED STATES COURTS. except where a rule of court expressly prevents such practice in sea- men's wage cases, require an advance deposit, bond, or stipulation from the seaman or in his behalf to cover your lawful earnings, as in ordinary civil cases between private litigants. (c) If a rule of court relieves the seaman from furnishing a stipula- tion for the payment of costs awarded against Mm hy tTie court. It is not regarded as relieving him from the necessity of either taking the poor suitor's oath or furnishing advance deposit or security for the earnings and expenses of officers for services in his behalf. RECORD BOOKS FOR CLERKS OF COURTS (OTHER THAN THOSE SUPPLIED BY THE DEPARTMENT OF JUSTICE). 910. The cost of books for recording the proceedings of the court is payable by the marshal from the appropriation ''Miscellaneous expenses, U. S. courts." They must be purchased only after receipt of authority from the Attorney General. Applications should be made upon Form 25-B. 911. Such apphcations must be accompanied by: (a) Sample pages of the books. (b) Bids from two or more reliable dealers. (c) The certificate of the judge that they ''are absolutely necessary for recording the proceedings of the court and come within the pur- view of section 830, R. S. U. S," 912. Such applications should state: (a) The nature of the books. (b) For whose use and for what purposes they are needed. (Bills should be vouchered on Form 324, entitled "Voucher for services and purchases other than personal.") 913. Separate appUcation should be made in duplicate upon Form 25-A for authority to procure books needed by clerks, other than those furnished by the department and those for recording the pro- ceedings of the court. (See pars, 818 to 823.) OTHER RECORD BOOKS. Note: — These books should be carefully kept. Corrections should be made by cancellation, never by erasure. 914. In accordance with the provisions of the act of June 30, 1906 (34 Stat. L., 754), the following record books, which should be kept up to date, are prescribed by the Department of Justice and are fur- nished upon requisition: INSTEUCTIONS TO CLEEKS OF UNITED STATES COURTS. 173 (a) Cash book. (h) Civil, criminal, and bankruptcy dockets. (c) Fees and expenses of U. S. Marshal. 915. A blotter or day book, and a ledger, the use of which, while desirable in many districts, is optional, are also furnished by the department upon requisition. CASH BOOK. 916. This is the book of original entry for all cash transactions. Each entry should accurately represent the actual receipt or disburse- ment of money, excepting that receipts for the earnings of the mar- shal's office, when exchanged without an actual interchange of money, should be treated as cash. 917. Only the gross amount of marshal's earnings received at any one time for payment into the Treasury need be entered in the cash book. The itemization of such moneys should be made in the book entitled "Fees and expenses of U. S. marshals." 918. The total of each column should be carried continuously from page to page, until the close of business on June 30 and December 31 of each year, at which times the book should be balanced upon its face. Balances may be taken at other times, upon memorandum slips or otherwise, as frequently as may be desired. 919. Each of the specified columns of this book should be used as follows : (a) Columns entitled "Registry funds," Only for funds deposited under sec. 995, R. S. U. S. (6) Columns entitled ''Clerk's fees and deposits therefor in cases." For moneys received for fees taxable as costs in cases, including the cost of transcripts on appeal, or writs of error, indemnity deposits for notices in bankruptcy cases and fees other than filing fees relat- ing to bankruptcy matters, when taxable as costs in some case or proceeding. Amounts received from the Treasury in payment of the clerk's earnings should also be entered in these columns. Except such amounts all entries in these columns should be posted to the cash accounts in the dockets. (c) Columns entitled "Clerk's filing fees in bankruptcy." For clerk's filing fees onhj, as indicated by the illustration herein given. These entries should be posted in full to the docket. (d) Columns entitled "Miscellaneous earnings of clerk." All mis- cellaneous earnings not covered by other columns, including miscel- laneous earnings in bankruptcy, and fees for copies of naturalization papers. 174 INSTRUCTIONS TO CLEEKS OF UNITED STATES COURTS. (e) Columns entitled "Naturalizations." All fees prescribed by tlie naturalization law, that is, fees for first and second papers. (/) The columns entitled "Moneys not included in other col- umns." For fees of referees and trustees in bankruptcy, and mis- cellaneous moneys in which the clerk has no personal interest, con- tingent or otherwise, as follows: (1) For fees of referees and trustees in bankruptcy. (2) For amounts received and paid into the Treasury, covering earnings of the marshal's office. (The total amount received or dis- bursed at any time should be entered as a lump sum.) (3) For fines, judgments, etc., collected in United States cases. (4) For cash bail in cases before United States commissioners and any other moneys not specifically provided for otherwise. DOCKETS. 920. All fees earned by the clerk in any case except bankruptcy, including fees for final records and transcripts on appeal or writ of error, should be itemized, plaintiff and defendant separately, in the appropriate columns, at the right of the respective entries of proceed- ings. In the Civil Docket, the money column at the extreme right should be reserved for amounts to be reported in the emolument returns. 921. In the cash accounts, the moneys of plaintiffs and defendants should be entered separately as indicated by the docket form. Such entries should be made by posting from the cash book or be made in the cash book and docket contemporaneously, except where a bal- ance to the credit of a party or attorney in one case is transferred on the docket to the credit of the same party or attorney in another case. 922. It is not necessary to post the receipt and disbursement of registry moneys to the cash accounts in the dockets when a separate ledger is kept for such moneys. While not required, it is exceedingly desirable that such separate ledger be kept. 923. Marshal's earnings, paid by the marshal to the clerk, should not be posted to the cash accounts in the dockets, as there is a sepa- rate record for such earnings. 924. In a banki'uptcy case, the full amount of the filing fees, in- cluding the clerk's fee and the indemnity deposit for notices, should be posted to the docket. 925. When fees are earned from defendants in criminal cases, the half-yearly totals of such fees should bo entered in red on the right- hand margin of the Criminal Docket; but where the defendant is relieved by statute from payment of fees, that fact should also be noted in some form at the same place. Moneys received for such fees should appear in the cash account of the case. Ckrh^i ea$h booh, United States district court. Clerk's ' Clerk's nABidtriT S'Pfisand; Filing w^Sths Deposits Fee in 1 in Cases. [ ruptcy. Clarence Sterling, Int. W. J. StMling, Int II. IirKeedy, Jr.VAtty:i Adm. as Atty .. Deposit U.S. a/c Sept. Qr. 1915. , Registry Funds. andHaman, Attya.. . Keedy, Jr., Atty . . , Clerk's Fees and Deposits There- for in Cases. Others leS. Misc. Earnings Julv Per Order Court. . . . Docket Fee.. Refund Deposit., f Nat. Faes . . . a.S.a/cSept.t ..14,206.95 U.22S.92 110.00 So. 00 S1,S46.00 . ti,197.0l> S9.»7 S3. 00 I U.54S.00 INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 175 926. Amounts received in United States cases, as fines, judg- ments, etc., and entered in the cash book, should be posted to the cash accounts in the dockets, and entered with appropriate dates in the space for "Proceedings." 927. Criminal cases should be entered in the Criminal Docket only after an indictment or information has been filed. Prior to that time, cases sent up by commissioners may be recorded in a separate book. 928. The additional special pages at the back of each docket should be used when necessary for the continuation of the cash accounts and the entries of proceedings. RECEIVED, Month. Day. Dock- Registry Funds. 1915 July Aug Sept Oct. Amounts brought forward. Balances Thomas S. Ilodson, Atty.... I Deposit ' A-1 Jackson and Ilenson, Attvs.' " j L-1 Thos. Y. Jones, Atty "... Filing Fee ] B-1 Charles Espy Copy decree, 47 fols. . . I E-1 G. G . Bedsworth, Int [ Fee". A-1. Henry ] T. Keedy , Jr., Atty . ! Deposit David Saltz, Int I Fee John Wilson i Fee.Crisfld.IIdw.Co. Clarence Sterling, Int i Fee Coni-ad ITirsch. James J. Zegowitz W. L. Stewart, U. S. Mar. W.J.Sterling, Int E. Coke TTaller H. TI. Keedy, Jr., Atty... U. S. Treasury Second papers First papers Proceeds of sale Fee Adm. as Atty Deposit U.S. a/c Sept. Qr. 1915. L-1... A-1... A-1... A-1 . . . 206.9^ 896—16. (To face page 175.) INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 175 926. Amounts received in United States cases, as fines, judg- ments, etc., and entered in the cash book, should be posted to the cash accounts in the dockets, and entered with appropriate dates in the space for "Proceedings." 927. Criminal cases should be entered in the Criminal Docket only after an indictment or information has been filed. Prior to that time, cases sent up by commissioners may be recorded in a separate book. 928. The additional special pages at the back of each docket should be used when necessary for the continuation of the cash accounts and the entries of proceedings. 176 INSTEUCTIOXS TO CLERKS OF UNITED STATES COURTS. Docket No. 155, Adm. DOCKET. Title of Case. Attorneys. Nathaniel Gates, jr., and Robert C. Gates, partners, trading as Thomas S. Hodson. Crisfleld Machine Works, i Gasoline Boat "E. Goldstrom.' James U. Dennis. Arthur D. Foster. Month. Day. Year Plaintiff's Account. Re- ceived. Month. Day. Year. Dis- bursed. July. Aug. 1915 Deposit by Thom- as S. Hodson. From G. G. Beds- wort h, fees. •■' David Saltz, fees. " John Wilson (Cris. Hdw. Co.), fees. " Clarence Sterling, fees. " W. J. Ster- ling, fees. Pd.Thos. S. Hod- son to refund deposit. " Clerk, fees $25.00 .10 .10 .10 .10 .10 S25.00 .50 25.50 I 25.50 Abstract of Costs. To Whom Due. Receipts, Remarks, etc. Llbellant: Marshal Atty Clerk Respondent: Marshal Atty Clerk Llbe't's deposit of. SIO. 17 20.00 10.17 9.67 20.00 .20 25.00 Pd. direct. Received Aug. 29, 1915. [Signed] T. S. H. (Pd. from reg.) Pd. ($9.67 pd. from reg.) Pd. direct. Received Aug. 30, 1915. [Signed] A. D. Foster. (Pd. from reg.) Pd. from reg. Refunded Aug. 30, 1915. [Signed] T. S. H. INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 177 UNITED STATES DISTRICT COURT. Month. Day. Year July Aug. Filings— Proceedings . Libel in admiralty, filed— contract Attachment and monition issued, re- turnable 16th inst Attachment returned, endorsed, "At- tached the gasoline boat 'E. Gold- strom' and posted monition at Cris- fleld, Md., July 5, 1915." Attachment filed Intervening libel and claim of G. G. Bedsworth & Son for SHI .01 for labor & materials, filed Petition of libeUant for sale of vessel and motion for decree of condemnation and sale, filed Decree of condemnation and order of sale entered and filed Claim of David Saltz of .?22.93 for sup- plies furnished, filed Claim of Crisfield Hardware Company of $8.4.5, materials, etc. , filed Claim of Clarence Sterling & Son of $22.70 for materials & supplies, filed Order of sale returned endorsed , " Served by selling at public auction the gaso- line boat 'E. Goldstrom'at Crisfield, Md., Aug. 17, 1915." Order filed Petition of libellants for distribution of proceeds of sale filed Order of court setting matter of distribu- tion of proceeds for Aug. 28, 1915, at 3 o'cloclv p.m., entered and filed U. S. marshal's acct. sales showing net proceeds of sale amounting to ?206.95, filed. (Same day said amount deposited m registry of court) Answer of Clarence P. Lankford, trustee in bnnkruptcy of Fredericlc B. Hob- son, filed Petition of Clarence P. Lankford, trus- tee, excepting to the allowance of claim of David Saltz, filed Intervening libel and claim of W. T. Sterling of $43.30 for materials & sup- plies, filed Decree of court distributing the funds in registry of the court in this case, en- tered and filed Commission on disbursements Doclcet fee No. of words. Clerk's Fees. Plain- Defend' tiff. ant. $0.10 2.00 .10 1.00 .10 .10 .10 Amount Reported in Emol- ument Returns. $0.10 .10 .70 2.07 3.00 895—16- -12 178 INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. Docket No. 146, Law. DOCKET. Title of Case. Attorneys. Marshall M. Milton Samuel B. Loose. McCormick & Smith. Jackson & Henson, Roanoke, Va. Henry H. Keedy, jr. Gans & Haman. Date. Plaintiff's Ac- count. Re- ceived. Dis- bursed. Date. Defendant's Account. ceived. Dis- bursed. Month. Day. Year. Month. Day Year. July 2 30 1915 Deposit, J. & $15.00 "J8."26' 6.80 Aug. Sept. 3 20 30 1915 Deposit, H.H. K.,jr Deposit, H. H. K.Jr'. Pd. Gans & Haman , $5.00 20.00 $20.00 4.30 .70 Sept. Pd. clerk, fees. Balance, to J. 15.00 15.00 Pd. clerk, fees. Balance, to H. H.K.,jr.... 25.00 25.00 Abstract of Costs. Receipts, Remarks, etc. To Whom Due. Amount. Plff.: Att Mar Cler Wit Deft.: Att Mar Cler Wit Y 820.00 4.22 8.20 17.50 Pd. direct. shal. nesse. 20. 00 1 Pd. Receipt filed. 2. 50 1 Pd. direct. 4.30 i 21.00 1 shal. V Note.— In the foregoing examples the clerk's fees are drawn out only after the cases are closed. It proper for the clerk to draw his earnings at any time within the limits stated in Par. 947. INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 179 UNITED STATES DISTRICT COURT. Date. Filings— Proceedings. No. of Words. Clerk's Fees. | Amount Reported in Emol- Plain- Defend- ument tiflf. ant. Returns. July Aug. Sept. Declaration filed. (Assumpsit— Claim $20,000) Summons issued, retble 1st Tuesday in August next. Copy to mar Summons retiuned and filed. "Sum- moned Samuel B. Loose, personally, and copy of summons left with him at Edgemont, Washington Co., Md., Julv 15, 1915" Plea "filed Order of court setting case for trial Sept. 10, 1915, entered and filed Filing orders for subpoenas Issuing subpoenas for plff (2) and defend- ant (3) Copies of same for service, 2 fol. each, plfl(4)dft(5) Subpoenas returned and filed. See sub- poena docket Jury impaneled and sworn. Trial had. Witnesses sworn, for plfl (4) and dft (5) . Prayers filed, for plff (4) and dft (8) Defendant's special exceptions to grant- ing plffs prayers filed Defendant's motion to strike out evi- dence filed Bailiff sworn Jury returned verdict for deft for costs. Entered and filed Judgment on verdict entered Docket fee SO. 10 1.40 .20 .75 1.00 .75 .50 .80 .10 .10 .25 .15 3.00 180 INSTRUCTIOXS TO CLEEKS OF UNITED STATES COURTS, United States district court. Attorneys, Referee, and Trustee. Cash Received and Disbursed. ne- Dis- ceived. bursed. Case No. 133. In the matter of Charles P. Brown. Voluntary. Attorneys, Thomas Y. Jones. Referee, Thomas Makewell. Trustee, Oliver A. n olden. 1915. July 6 " 31 Dec. IS " 24 Thomas Y. Jones. . . . To Clerk " T. Mak-ewell, Ref. " O. A. Holden, Tr. $30.00 SIO.OO 15.00 5.00 Date. Trocecdings. Month. Day. Year. July 6 1915 Petition filed. [Etc.] Dec 18 1915 Referee's record filed. (a) Note.- Indemnity deposits for notices should also be posted to this account. OFFICIAL FUNDS. PUBLIC MONEYS OF THE UNITED STATES. 929. Except as otherwise expressly provided by law the gross amount of moneys accruing to the United States, without any abate- ment or deduction on any account whatever, should be paid into the Treasury. (See sec. 3617 and for exceptions 3618, R. S., U. S.; also 34 Stat. L., 771.) 930. Public moneys accruing to the United States from fines, for- feitures, fees, forfeiture of recognizances or bail bonds given in crim- inal cases, debts due the United States, including interest thereon, costs in civil and criminal cases, sales of old material, etc., etc. (ex- cept as provided in the following paragraphs, or where otherwise specifically provided by law), should be promptly deposited directly with the Treasurer of the United States with full information as to the source of the receipt in each case, including title of suit and its nature. 931. Clerks whose offices are located in the same city with a depos- itary must make deposits daily; otherwise collections should be for- warded for deposit as freciuently as they amount to $1,000, and at the end of each month without regard to the amount accumulated. 932. Moneys collected in cases for violations of internal-revenue laws, including costs, should be paid to the collector of internal rev- INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 181 enue for the district in which the case arose, a receipt therefor to be sent to the Commissioner of Internal Revenue. (See sec. 3216, R. S. U. S.) Actions on forfeited recognizances or bail bonds in internal- revenue cases are classed as general civil suits, and collections therein should be deposited as directed m paragraph 930. 933. Moneys collected, including costs, for violation of the following laws, should be paid to the collector or surveyor of customs for the district or port in which the cause arose, and his receipt therefor on Form 14 furnished by the Solicitor should be transmitted direct to the Solicitor of the Treasury: (a) Customs. (b) Navigation, including regulation of motor-boat equipment and steamboat inspection. (c) Smugghng opium. (d) Immigration and Chinese exclusion laws. 934. One-half of all penalties and forfeitures recovered for viola- tions of law affecting revenues or property of the Post Office Depart- ment should be paid on order of court to the person informing and prosecuting for the same, unless a different disposal is expressly pre- scribed. The remainder of such moneys and aU other fines in crim- inal cases for violation of the postal laws, with costs, also aU moneys collected in civil post-office suits and claims should be transmitted directly to the SoUcitor of the Treasury by draft or check, made pay- able to the order of the Treasurer of the United States, accompanied by a report on Form 10. Such moneys wiU be properly deposited under the direction of the Sohcitor, and duphcate certificate of de- posit transmitted to the clerk. (See sec. 4059, R. S. U. S.) 935. Promptly upon transmitting to the Treasurer of the United States, or collector or surveyor of customs, moneys which have ac- crued to the United States, the clerk will make reports on Form 10 to the Solicitor of the Treasury, stating the number, title and nature of the case or cases, the dates of commencement, the statutes violated, and the nature of the collections. MONEYS PAID INTO COURT. 936. The following legislation covers the disposition of moneys paid into court : Sec. 995, R. S. U. S. All moneys paid into any court of the United States, or received by the officers thereof, in any cause pending or adjudicated in such court shall be forthwith deposited with the Treasurer, an assistant treasurer, or a designated depositary of the United States, in the name and to the credit of such court: Provided, That nothing herein shall be construed to prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court. Sec. 996, R. S. U. S. (as amended by act of Feb. 19, 1897, and the act of Mar. 3, 1911). No money deposited as aforesaid shall be withdrawn except by order of the 182 INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. judge or judges of said court, respectively, in term or in vacation, to be signed by- such judge or judges, and to be entered and certified of record by the clerk; and every such order shall state the cause in or on account of which it is drawn. In every case in which the right to withdraw money so deposited has been adjudi- cated or is not in dispute and such money has remained so deposited for at least five years unclaimed by the person entitled thereto it shall be the duty of the judge or judges of said court, or its successor, to cause such money to be deposited in the Treasury of the United States, in the name and to the credit of the United States: Provided, That any person or persons or any corporation or company entitled to any such money may, on petition to the court from which the money was received, or its successor, and upon notice to the United States attorney and full proof of right thereto, obtain an order of court directing the payment of such money to the claimant, and the money deposited as aforesaid shall constitute and be a permanent appropriation Jor payments in obedience to such orders, and this act is applicable to all money de posited in the Treasury of the United States in accordance with section nine hundred and ninety-six. Revised Statutes of the United States, as amended February nine- teenth, eighteen hundred and ninety -seven. 937. Section 99 of the Criminal Code provides a penalty for the failure to properly deposit and handle funds of this character. 938. Money deposited under section 995, R. S. U. S., should be deposited to the credit of the court, and not to the credit of the clerk, and can be lawfully drawn from the depositary only as provided under section 996, R. S., U. S., as amended by the act of March 3, 1911. 939. Under the proviso to section 995, R. S. U. S., three con- ditions must exist concurrently to justify the disposition of such funds other than by deposit with one of the depositaries therein named, namely: (a) There must be security furnished. (6) An agi-eement of parties. (c) The direction of the court. 940. Moneys, deposited under section 995, the right to which is not in question, which have remained so deposited for five j^ears or longer unclaimed, should be promptly deposited in the Treasury in the name and to the credit of the United States. All such deposits should be accounted for in the qunrterly Report of Deposits. Specify therein the number and title of the case, and, if possible, the names of the persons entitled thereto and the amoimt due each. (See 36 Stat. L., 1083.) WAGES, ETC., OF DECEASED AND DESERTING SEAMEN. 941. Moneys paid into court, as provided by the following sections of the Revised Statutes, should be deposited to the credit of the court with a United States depositary and drawn therefrom only upon order of court: Sec. 4543, R. S. U. S. Every shipping commissioner in the United States shall, within one week from the date of receiving any such money, wages, or effects of any INSTRUCTIONS TO CLEEKS OF UNITED STATES COURTS. 183 deceased seaman or apprentice, pay, remit, or deliver to the circuit court of the circuit in which he resides the money, wages, or effects, subject to such deductions as may be allowed by the circuit court for expenses incurred in respect to such money and effects; and should any commissioner fail to pay, remit, and deliver the same to the circuit court within the time hereinbefore mentioned, he shall incur a penalty of not more than treble the value of such money and effects. Sec. 4545, R. S. U. S. When no claim to the wages or effects of a deceased seaman or apprentice, received by a circuit court, is substantiated within six years after the receipt thereof by the court, it shall be in the absolute discretion of the court, if any subsequent claim is made, either to allow or refuse the same. Such courts shall from time to time pay any moneys arising from the unclaimed wages and effects of deceased seamen which, in their opinion, it is not necessary to retain for the purpose of satis, fying claims, into the Treasury of the United States, and such moneys shall form a fund for, and be appropriated to, the relief of sick and disabled and destitute seamen belonging to the United States merchant marine service. Sec. 4604, R. S. U. S. All clothes, effects, and wages which, under the provisione of this title, are forfeited for desertion, shall be applied, in the first instance, in pay- ment of the expenses occasioned by such desertion, to the master or owner of the vessel from which the desertion has taken place, and the balance, if any, shall be paid by the master or owner to any shipping commissioner resident at the port at which the voyage of such vessel terminates; and the shipping commissioner shall account for and pay over such balance to the judge of the circuit court within one month after the commissioner receives the same, to be disposed of by him in the same manner as is prescribed for the disposal of the money, effects, and wages of deceased seamen. Note.— All references to the " Circuit Court " in the preceding sections now to be read " District Court." OTHER MONEYS. 942. All other moneys received, to be held by the clerk as advance deposits for costs or on any other account, should he deposited to his official credit as cleric in an entirely separate and distinct account or accounts from private funds or moneys in his possession in any other capacity than that of clerk. 943. Such moneys should, as far as possible, be kept with the Treasurer or an assistant treasurer of the United States, or a regular United States depositary. 944. When, in any case, money belonging to a bankrupt estate comes into the official possession of the clerk, it should remain with the de- positary designated by the court under authority of section 61 of the act of July 1, 1898, until legally disbursed; but moneys deposited with the clerk for his fees and those of the referee and trustee, and the expenses of bankruptcy proceedings, are regarded as not coming within the purview of said section 61, and should be treated in the same manner as deposits for costs in other cases, unless otherwise ordered by the court. 945. All moneys, except amounts received from the Treasury in settlement of the clerk's accounts, should be deposited frequently and promptly in bank and disbursed only by checks. Large sums should not be permitted to accumulate in the clerk's office. 184 INSTKUCTIOXS TO CLEEKS OF UNITED STATES COUETS. 946. This fund, entitled "Other Moneys, " must not be drawn upon directly for payments to be made for clerk hire, stationery, etc., or for the clerk's personal compensation. Such items should be paid from the money disbursed by the clerk to himself, as directed in the next paragraph. 947. All disbursements from this fund on account of fees and emoluments of the clerk should be as follows : (a) To the clerk himself and the clerk only. (b) Covering definitely fees actually earned in specified cases or specific miscellaneous earnings. (c) Only to the hmit of the balance in hand in any case or proceeding. REPORTS OF OFFICIAL MONEYS. Note.— See sections 5 and 6 of the act of February 22, 1875 (18 Stat. L., 334) and act of March 4, 1911 (36 Stat. L., 13.55). TO THE COURT. 948. Section 798, R. S., U. S., provides that at each regular session of any court of the United States the clerk shall present to the court an accomit of all moneys remaining therein or subject to its order, stating in detail in what causes they are deposited and in what causes payments have been made. Said account and the vouchers thereof shall be filed in the court. TO THE ATTORNEY GENERAL. 949. Pursuant to the authority contained in the act of June 30, 1906 (34 Stat. L., 754) each clerk is directed, as soon as practicable after June 30 of each year, to transmit to the Department of Justice a statement of all official moneys in his custody or in the custody of the court at the close of business on said date. This statement should show : (a) The number and title of each case in which a balance remains and the amount of said balance, also a detailed statement of any other moneys in custody. ih) The amount on deposit in each banking institution, the exact title of each account therein, and the number, date, and amount of each outstanding check. (c) The amount, if any, of cash on hand. id) An explanation of the discrepancy, if any, between the total amount of the balances shown by the report, and the total amount of fund.s in hand and in bank less the outstanding checks. INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 185 950. This annual report should be in substantially the following form : Statement of Moneys in the Registry of the United States District Court for the Northern District of Alabama at the Close of Business June 30, 1915. Case No. Title of case. Date of deposit. Amount. 1923....Myersvs. St. Cloud etal Oct. 3,1909.. $144.06 1978 M. A. Jones vs. U. S. Jones et al Jan. 14,1910.. 76.28 2001..-..Bumpasvs. Southern Ry. Co Nov. 27,1912.. 100.00 2179....Birminghamvs. Water Works Nov. 24,1914.. 17,546.17 223S Sou. Investment Co. vs. Brown et al Jan. 6, 1915. 719.25 Total 18,585.76 Amount on deposit in the First National Bank of Birmingham, a regular United States depositary, at close of business on same date, to credit of " United States District Court" 819,121.25 Cliecks outstanding: No. Date. Amount. 221 June 26, 1909 J477.15 401 July 15, 1911 27. 16 487 August 4, 1914 31-18 Balance subject to check 18, 585. 76 C^^^^-^^d ^18.585.76 Statement of Moneys other than Registry FtrNDS in the Hands of Hugh M. Brown, Clerk o» the United States District Court for the Northern District of Alabama, at the Close op Business June 30, 1915. CASES other than BANKRUPTCY. Case No. Title of case. Amount. 1923.... Myers vs. St. Cloud et al $13.45 1978 Jones vs. Jones et al 9- 15 2238 Sou. Investment Co. vs. Brown et al 2. 35 2319 Cowperthwaite vs. Scullmore 11-75 2417 Donnelly vs. Green et al 43. 55 2466 Frankhauser vs. Southern Express Co 13. 76 deposits for fees and COSTS IN bankruptcy cases. Name of bankrupt. 123 Joseph C. Sherman 5-00 138 J.C.Brown 5.00 149 Josef Hermann 20.00 198 Alice Sprmger & Co 20.00 299 Flynn& Daly 5.00 407 Novelty Mfg. Co 11-65 Naturalization fees received April 1, 1915, to date 38. 00 Total 198.65 Amount on deposit in the First National Bank of Birmingham, a regular United States depositary, at close of business on same date, to credit of " Hugh M. Brown, Clerk U. S. District Court" $205.50 Checks outstanding: No. Date. Amount. 215 July 17, 1914 $3.00 321 April5,1915 3.85 Balance subject to check 198. 65 Cash on hand 0.00 198.65 , aerk. Notes. — In the schedule of balances of registry funds, amounts of $144.06 and $76.28 have been on deposit for more than five years. If the right to withdraw either amount "has been adjudicated or is not in dispute," and it has "remained so deposited 186 IXSTRUCTIOXS TO CLERKS OF UNITED STATES COURTS. for at least five years unclaimed by the person entitled thereto," it should be brought to the attention of the court for deposit in the Treasury under the act of March 3, 1911 (36 Stat., 1083). In the same schedule the money covered by outstanding check No. 221 comes clearly within the scope of said act and should be deposited accordingly. TO THE TREASURER OF THE UNITED STATES. 951. Promptly at the close of each month a report should be mailed to the Treasurer of the United States of the balances of accounts to the credit of the court and clerk with any regular United States depositary, in order that, in case of bank failure, the Treasurer may protect such accounts by appropriating the securities in his hands. Such reports should be in substantially the following form: Statement of fu-nds in custody of court and to official credit of clerk. * United States District Court, ■ district of . , 191— Sir: I have the honor to report moneys on deposit to the credit of the court and to my official credit as shown by the records of my office at the close of the month of 191 — , as follows: To credit of court: With National Bank of $ With National Bank of $ To official credit of clerk: With National Bank of $ With National Bank of S , Clerk. The Treasurer of the United States, Washington, D. C. RETIRING CLERK. 951a. When a clerk of court dies or otherwise retires from office, all Government property in his custody, and all moneys in his official custody or deposited to his official credit, should be disposed of as directed in paragraphs 97 to 99 pertaining to United States marshals. See also paragraphs 770, 782, 809, and 810, as to duties of deputies, clerk's compensation and closing emolument return. ISSUANCE OF APPLICATIONS FOR PASSPORTS. (See also directions in detail from the Department of State on pages 211 to 213.) 951b. The following are among the rules to be carefully observed in acting upon applications for passports: (a) One of the clerk's assistants at official headquarters, fully qualified to efficiently perform the service, should be specially * In a clroult court of appeals this caption should be modified to conform to the facts. INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS. 187 designated to handle all passport matters. Questionable applications at places other than headquarters should be referred to him. His name should be reported to the Department of Justice. (6) The party introducing the applicant should be personally known to the clerk, or some other official of the court. (c) It should be ascertained that the passport is being sought for proper ends. (d) The necessary birth certificate or naturalization certificate should be obtained. (e) Letters from the heads of the proper business concerns should be obtained from t^ose claiming they are going abroad on commercial business. (/) The Bureau of Citizenship of the Department of State should be promptly informed when the supply of application blanks is nearly exhausted. All applications should be mailed directly from the clerk's office to the Department of State, with full information as to all doubtful cases. (g) There should be cooperation with the special agents of the Department of Justice. Whenever fraud is suspected the nearest special agent should be immediately informed. PART FIVE. INSTRUCTIONS TO UNITED STATES COMMIS- SIONERS. NOT APPLICABLE TO OFFICIALS IN ALASKA, PORTO RICO, THE CANAL ZONE, OR THE PHILIPPINE ISLANDS, Sec. 368, R. S. The Attorney General shall exercise general supervisory powers over the accounts of district attorneys, marshals, clerks, and other officers of the courts of the United States. To United States Commissioners {other than in tlie District of Alaslca, Porto Rico, The Canal Zone, and the Philippine Islands): 952. In the execution of your official duties, the instructions herein given will be your guide. They supersede former instructions, become effective Jime 1, 1916, and remain effective until reissued, excepting in so far as they may be modified from time to time by later legislation, decisions of the courts, or the Comptroller of the Treasury, and departmental circulars. Respectfully, Thomas W. Gregory, Attorney General. CONTENTS. Page. Appointment, oath, and seal 190 Accounts: Preparation of 191 Supplemental 192 Affidavit to 193 Approval by the court 193 Fees: Fee bill 194 Complaints 195 Warrants 196 Bonds and commitments 197 Witnesses 198 Hearings 20o Continuances 201 Discharge of poor convicts 201 Transcripts 203 Miscellaneous matters 203 Extradition cases 206 Chinese-exclusion cases 207 Dockets and papers 208 Explanations 208 Appeals to and requests for decisions by the comptroller 209 189 190 INSTEUCTIONS TO UNITED STATES COMMISSIONEES. APPOINTMENT. 953. United States commissioners are appointed by the United States district courts. The number of commissioners is determined by the court, which also fixes the official residence. Such appoint- ments are for terms of four years, subject to removal by the court. (See act May 28, 1896, 29 Stat. L., 184.) 954. The same person may not be both commissioner and clerk, or deputy clerk, of a United States court without the approval of the Attorney General. 955. Except as stated in the foregoing paragraph, no civil or military employee of the Government may exercise the duties of a commissioner. (See 29 Slat. L., 184.) 956. Commissioners may not be appointed receivers in any case pending in the courts of the United States. 957. The same person can not legally hold the office of commis- sioner for two judicial districts at the same time. (See 7 Comp., 230.) 958. Appointments of commissioners purporting to take effect before their dates are inoperative prior to the date when actually made. (See 9 Comp., 167.) OATH OF OFFICE. 959. Commissioners must take and subscribe to the oath of office prescribed by section 1756, Revised Statutes. This oath should be taken on the day the commissioner assumes duties and filed in the office of the clerk of the district court. SEAL. 960. Every commissioner must provide for himself an impression seal, 2 inches in diameter, in the following form, substituting, of course, his own name and the district for which he is* appointed for those shown in the form. m n^\s2^^ 961. This seal should ]>t' used gejierally in the authentication of official acts of the commissioner, when acting as such. No fees should be charged, however, for affixing said seal. INSTRUCTIONS TO UNITED STATES COMMISSIONERS. 191 ACCOUNTS. PEEPARATION OF ACCOUNTS. 962. A single account covering all charges arising against the United States should be prepared within 20 days after the close of each quarter, and transmitted to the district attorney, to be sub- mitted to the court for approval. (See 18 Stat. L., 333, and 28 Stat- L., 207.) There may be extended delay in the settlement of accounts not rendered within the 20 days prescribed by law. 963. The quarters of a fiscal year end September 30, December 31, March 31, and June 30, respectively. 964. Each account should include all charges for services actually rendered during the quarter. Wlien a complaint in a case is drawn in a given quarter and the hearing completed in a later quarter, the charge for each service should, nevertheless, be made in the account for the quarter in which it was rendered. 965. Forms 8% inches wide by 14 inches long should be used. Only one side of the paper may be used, and only one case should be placed upon a page. 966. Cases should be arranged in chronological order, using the date when each case was instituted as a basis, and a schedule of the cases should be attached. 967. The following descriptive entry (with the blank spaces filled) should precede the first page : Account of , United States commissioner for the district of , residing at , for the quarter ended , 19 . . . 968. The pages should be numbered consecutively in the lower left-hand corner. The footing of each page should be carried for- ward to the top of the next page. 969. All of the information contemplated by the following form, which is recommended for use by commissioners, must be supphed in every instance. In cases where a warrant is issued by another com- missioner, his name and the date when issued must also be shown. United States, to , U. S. Commissioner for the District of , Dr. (If complaint is made by an ofTicer, give title.) United States Complaint made by His oflBcial title Offense charged, vio. sec Nature of offense . *Complaint approved by U. S. attorney day of Offense committed at On the day of , 19... Warrant delivered to for service. Deft arrested at on ,19... Disposition of case * Complaints by private citizens in internal-revenue cases must be approved in writing by district attorney before issuance of warrants. As to who are private citizens, see Pars. 981 to 983. 192 INSTEUCTIOXS TO UNITED STATES COMMISSIONERS. Dates. Warrant issued by Amount brought forward. 19 . Issuing warrant of arrest, 75 cents Issuing subpoena or subpoenas in said case, 25 cents, with 5 cents for each of witnesses in addition to the first cents Drawing temporary bond of defendant and sure- ties, taking aclcnowledgmeut of same, and justifi- cation of sureties Issuing temporary commitment and making copy Administering oaths to U. S. witnesses on trial Hearmg and deciding on criminal charges and reducing the testimony to writing when required Drawing final bond of defendant and sureties, taking acknowledgment of same, and justifica- tion of sureties Issuing final commitment and making copy of Entering return of final commitment Recognizance of all witnesses in the case, defendant Oath to U S witnesses as to attendance and Order in duplicate to pay first witness on behalf of U. S., 30 cents, and 5 cents for each of additional U. S. witnesses, ■ cents Transcript of proceedings required by order of court and transmission of origmal papers to court ^ Copy of warrant of arrest, with certificate to same, defendant being held for court and original papers not sent to court i Examination and certificate imder section 1042, R. S., and all services connected therewith (date of notice to District Attorney ; date of com- mitment to serve sentence, — — , 19 — ; period of imprisonment named in sentence Total fees in case Page- SUPPIEMENTAI ACCOUNTS. 970. A commissioner must include in his regular accounts all fees earned during the period covered by his account, and supplemental accounts will not be considered unless the fees were inadvertently omitted and a satisfactory reason is given for his failure to include the items in his regular account. (See 5 Comp., 511, and 9 Coiap., 117.) INSTRUCTIONS TO UNITED STATES COMMISSIONERS, 193 FORM OF AFFIDAVIT BY A UNITED STATES COMMISSIONER TO HIS ACCOUNT. United Sfates of America, District of 1^ United States commissioner for the district of , being duly sworn, depose and say that the foregoing account, amounting to $ , is just and true, as stated therein; that no payment has been received by me on account thereof, and that the services therein charged have been actually and neces- sarily performed as stated; that in no internal-revenue case mentioned in said account was the warrant issued upon the sworn complaint of a private citizen unless first approved in writing by the United States district attorney, and that in each case wherein two per diems are charged in the account the hearing could not be completed in one day. United States Commissioner. Subscribed and sworn to before tlie undersigned tliis day of , 19 . . . 971. The signature of a notary public, clerk of Stat? or county court, or other State or county official before whom a commissioner's ac- count is sworn to should be attested by the official seal of the official administering the oath unless such official is not required by law to use a seal in attesting his signature. 972. If the official before whom the account is sworn to is not re- quired by law to have a seal, that fact should be noted on the affidavit. 973. The certificate of the district attorney must be attached to each account containing charges in internal-revenue cases, or cases arising under the Chinese exclusion laws. (Use Amended Form 473.) APPROVAL OF ACCOUNTS BY THE COURT. 974. The accomituig officers of the Treasury are without jurisdiction to consider items in a fee account of an officer of a United States court unless such items are approved by the court. (See 2 Comp., 223.) 975. Wliere the court does not approve a commissioner's per diems for days to which he had continued cases on trial before him, no fees can be allowed for services rendered necessary by and incident to such continuances. (See 2 Comp., 223.) 976. The disapproval by a court of an item in an account of a commissioner submitted to the court for approval or disapproval, as requu-ed by law, is conclusive upon the accountmg ofiicers. (See 5 Comp., 131.) FORM OF ORDER APPROVING AN ACCOUNT OF A UNITED STATES COMMISSIONER, AND CERTIFICATE THERETO. Whereas , United States commissioner for the district of , has forwarded an account for his official services for the quarter ended , 19.., duly certified by oath attached to the account, and the district 895—16 13 194 INSTRUCTIOJs^S TO UNITED STATES COMMISSIONERS. attorney has .submitted said account for approval in open court, and it appearinj,' to the satisfaction of the court that the services therein charged have been actually and necessarily performed as therein stated; and it being proved to the satisfaction of the court that in each of the cases wherein more than one per diem is charged the hearing could not be completed in one day, two per diems in each of said case? are specially approved and allowed by the court; and whereas the charges in said account appear to be just and according to law, it is ordered that said account, amounting to ($ ), be, and the same is hereby, ap])r()ved this dav of ,19... United States op America, District of , ss: I, , clerk of the U. S. district court for the said di.'^trict. do liereby certify that the foregoing is a true copy of an order entered npdii the j(,unial of said court. Witness my official signature and the seal of said court, at this day of , A. D. 19... , Clerl:. By , Deputy. FEE BILL. g-,^ j The act of May 28, 1896 (see 29 Stat. L., 184), provides: \ Sec. 21. That each Uaited States commissioner shall be- entitled to the following-named fees, and none other: (a) Drawing a complaint, with oath and jurat to same, fifty cents. (6) Copy of complaint, with certificate to same, thirty cents. (c) Issuing warrant of arrest, feventy-five cents. (d) Issuing a commitment and making a copy of same, one dcjllar. (e) Entering a return, fifteen cents. (/) Issuing subpoena or subpoenas in any one case, with five cents for each neces- sary witness in a '('ition to the first, twenty-five cents. (g) Drawing a bond of c'efendant and sureties, taking acknowle "gment of same and justification of sureties, seventy-five cents. (h) For a 1 ministering an oath (except to watness as to atten lancV and travel), ten cents. (?■) Recognizance of all witnesses in a case, when the defenlant or defen'.anls are hel :' for court, fifty cents. (j) Transcripts of proceedings, when recjuired by or ler of court, and transmission of original papers to court, sixty cents. (k) ('Opy of warrant of arrest, with certificate to same, when defen 'ant is licM for court, an 1 the original papers are not sent to the court, forty cents. (I) Or 'er in ''uplicate to pay all witnesses in a case: For first witness, thirl>- cents. and for each a 'c'itional mtness, five cents, and for oatli to eacli witness as to atten 1- ance an ! travel, five cents. (m) VoT hearing an ! c'eci ing on criminal charges and re uting the testimony to writing when require 1 by law or order of court, five (Oliars a ('ay for the time neces- sarily employe ': Provided, That not more than one per (iem shall be allowel in a case, unless the account shall show that the hearing could not be complete 1 in one day, when one a '< itional ])er (iem may be s])ecially apjH-ove ! an i allowe 1 by the court: Provided further, Tliat not more than one jier diem shall be allowe ! for any one day: Provided further, Tiuit no per diem shall be allowed for taking a bond or recogni- zance and passing on the sufficiency of the bond or recognizance and the sureties thereon when the bond or recognizance wa« taken after the defendant had been com- INSTRUCTIONS TO UNITED STATES COMMISSIONERS. 195 mitted to prison upon a final commitment, or has given bon 1 or been recognize! for his appearance at court, or when the c^efen ant has been arrested on a capias or bencli warrant or was in custody under any process or order oi a court of record. (n) For the examination anl certificate in cases of application for discharge of poor convicts imprisoned for nonpayment of fine or fine an i costs, an 1 all services con- necte 1 therewith, three dollars. (o) For attending to a reference in a litigated matter, in a civil cause at law, in equity, or in a:'miralty, in pursuance of an or "er of the court, three i'ollars a c'ay. (p) For taking and certifying t'epositions to file in civil cases, ten cents for each folio. (q) For each copy of the same furnished to a party on re([uest, ton cents for each folio. (/■) For issuing any warrant un'er the tenth article of the treaty of August ninth, eighteen hun'rel an' forty-two, between the Unite". States and the Queen of the United Kingdom of Great Britain and Ireland, against any parties charged with any crime or offense set forth in said article, two dollars. (s) For issuing any warrant un "er the provision of the convention for the surren er of criminals between the United States an 1 the King of the P'rench, concludecl at Washington, November ninth, eighteen hundre 1 and forty-three, two dollars. (t) For hearing and deciding upon the case of any person charged \vith any ci-ime or offense, and arrested under the provisions of said treaty or of sai 1 convention, five dollars a day for the time necessarily employe . (u) Such commissioners shall keep a complete recor of all proceedings before them in criminal cases, in a well-bound book, which record book shall be c'elivered to and preserved by the clerk of the • istrict court for sucdi district on the ('oath, resignation, removal, or expiration of term of the coniniisstoner, for which recor i the commissioner shall receive no compensation. COMPLAINTS. 978. A commissioner is entitled to a fee for drawing a complaint although the paper may not be m fact drawn by him, but by the special counsel for the Government. (See 12 Comp., 299.) 979. A commissioner is entitled to the statutory fee of 50 cents for drawing a complamt or affidavit m connection with the issuance of a search warrant. (See 19 Comp., 798.) 980. A commissioner is not entitled to any fees hi cases wherein the complaint upon which the warrant of arrest was issued was not actu- ally sworn to before him or some other officer authorized by law to admmister oaths. (See 6 Comp., 147.) 98 1 . A commissioner has no authority to issue a warrant on the com- plaint of a deputy marshal who arrested a defendant in the act of operating an illicit distillery, the complaint not having been approved by the district attorney before the warrant was issued, and he is not entitled to the fees therefor. (See 4 Comp., 338.) 982. A commissioner is not authorized to issue a warrant of arrest [in an internal-revenue case] upon a complamt made by a deput}^ mar- shal or by a storekeeper and ganger without the approval of the dis- trict attorney. (See 4 Comp., 448.) 196 IXSTKUCTIONS TO UNITED STATES COMMISSIONERS. 983. Under the act of May 28, 1896, which provides that no warrant of arrest for violations of the internal-revenue laws shall be issued upon the complaint of a private citizen '^ unless first aj) proved in ivriting" by a district attorney, the issue of a warrant upon a complamt made by a hold deputy marshal, which was approved by the district at- t )rnoy l)y telephone, even though subsequently reduced to writing, is not authorized. (See 6 Comp., 113.) COPIES OF COMPLAINTS. 934. A certified copy of the complaint should be attached to a war- rant of arrest. Upon the arrest of the accused the return of the war- rant, with said copy of the complaint attached, confers jurisdiction upon the commissioner or other qualified judicial officer before whom the accused is brought for hearing, as fully as if the complaint had orig- inally been made before him. (See 28 Stat. L., 416.) A commissioner is not entitled to fees for copies of complaints unless they are actu- ally made and attached to the warrants. (See 6 Comp., 147.) WARRANTS. 985. The issuance of a warrant implies the delivery of the same to some person authorized by law to serve it and a commissioner is not en- titled to fees for preparing a warrant which is not so delivered. (See 4 Comp., 289.) 956. If, in an examination before a commissioner, it is developed that the defendant has committed an offense other than tliat charged, he may be held for the additional offense without issuing a warrant of arrest therefor. (See 5 Comp., 320.) 957. Warrants of arrest or other writs issued by a commissioner and delivered for service to a person not authorized by law to serve them are not legally issued, and the commissioner is not entitled to fees for issuing them. But if the defendant submits to the jurisdiction of the commissioner without objection, thereby waiving the irregularity, acts of the commissioner subsequent thereto are legal and he is en- titled to the fees provided therefor. (See 5 Comp., 863.) 988. A commissioner who hears the case of a defendant brought be- fore him on a warrant illegally issued by another commissioner is enti- tled to the fees provided by law for his services, unless the fact that the warrant was illegally issued is disclosed ui)on its face. (See 6 Comp., 304.) 989. Under tlie laws and regulations for the govennnent of tlie Navy, a commissioner is not authorized to issue a warrant for the arrest of a deserter from the Navy. (See 6 Comp., 741.) 990. VVluu-e a defcnidant is brought before a commissioner upon a warrant charging him with an offense committed in the district, and INSTRUCTIONS TO UNITED STATES COMMISSIONERS. 197 discharged, the commissioner is entitled to fees for issuing a second warrant upon a complamt charging him with another offense. (See 7 Comp., 798.) 991. Inspectors of customs and post-office inspectors are not author- ized to execute process, and a commissioner is not entitled to a fee for issuing process to such officers for execution. (See 21 Comp. MS., 241; 18 Comp., 197.) 992. A commissioner is not entitled to fees for issuing more than one warrant for the same defendant at the same time, although the of- fenses are different. (See 14 Comp., 113.) 993. Commissioners are not entitled to fees for issumg extra war- rants or copies thereof where there is but a suigle charge and a single complaint sworn to against the same defendant, such additional copies being in substance mere copies of the originals, for which no fees are provided by the commissioner's fee bill. (See 16 Comp., 333.) 994. A commissioner is not entitled to fees for issuing a ' ' John Doe " warrant, unless the warrant contains a sufficient description of the defendant to enable the marshal to identif}' him. (See 16 Comp., 891.) 995. Warrants of arrest for violations of internal-revenue laws may be issued by commissioners upon the sworn complaint of a district at- torney, assistant district attorney, collector or deputy collector of in- ternal revenue, or revenue agent or private citizen; but no such war- rant of arrest shall be issued upon tlie sworn complaint of a private citizen unless first approved in writing by a district attorney. (See 29 Stat., 184.) 996. A commissioner is entitled to the fee of 75 cents for issuing a search warrant. (See (^mp. to Attorney General, Jan. 14, 1916, and Comp. to Auditor, Feb. 1, 1916.) BONDS AND COMMITMENTS. 997. When charges are made for issuing a commitment and for drawing a bond in the same case on the same day, the necessity for the commitment must be shown. BAIL BOND. 998. A commissioner is not entitled to a fee for taking more than one temporary bond from the same defendant in the same case. (See 10 Comp., 628.) 999. Section 1014 of the Revised Statutes, which provides that the proceedings for the arrest, imprisonment, or bailing of a person charged with an offense against the United States shall be assimi- latecl to the practice under the State statutes, does not relate to the manner in which a forfeited bad bond shall be collected, and a com- missioner is not entitled to fees for services rendered in enforcement of payment of such a bond. (See 3 Comp., 595.) 198 INSTRUCTIOXS TO UNITED STATES COMMISSIONERS. 1000. The commissioner before whom a case is pending in connec- tion with which a l)ond is drawn and who finally passes upon its suffi- ciency is entitled to the fee of 75 cents for " drawing a bond of defend-' ant and sureties, taking acknowledgment of same and justification of sureties," though the defendant may procure the acknowledg- ment of the sureties to the bond before another officer. (See 4 Comp., 472.) COMMITMENT. 1001. A commissioner will not })e allowed fees for issuing a tempo- rar}^ commitment for the custody of a defendant for part of a day only, except in extraordinary cases, showing the necessity therefor, as it is ordinarily the duty of the marshal to keep the defendant in cus- tody. (See 2 Comp., 382.) 1002. Only one commitment, either temporary or final, is necessary to commit the defendant for examination or trial, although he is held for two or more offenses. (See 5 Comp., 320.) 1003. Where a defendant who has been arrested on a capias issued by a United States court is brought before a commissioner to give bail, the commissioner is authorized to commit the defendant in default of bail, and if the capias does not contain a mittimus for the defendant the commissioner is entitled to the fee provided by law for issuing the writ. (See 8 Comp., 414.) 1004. When a commissioner has finally committed a defendant for trial, he is without authority to order his removal from one jail and recommit him to another, and he is not entitled to fees for issuing a second commitment for that purpose. (See 9 Comp., 111.) WITNESSES. SUBPOENAS. 1005. A sul)po'na issued by a connnissioner does not run <.)utsi(k> of the district of the commissioner who issued it. (See 8 Comp., 276.) 1000. A (hstrict court is authorized to issue a subpoena for a witness residing outside of the district of a commissioner to aj^pear before him. (See 9C(mip., 86.) 1007. A commissioner is not authorized to issue a subpcrna for a witness residing outside of his district, and a witness attending before a commissioner upon a subpoena issued by him is entitled to mileage for travel within his district only. (See 9 Comp., 121.) 1008. A commissioner is not entitled to fees for issuing subpoenas for defendant's witnesses. (See Comp. MS. in re McDowell, dated Dec. 28, 1906.) 1009. A commissioner is not entitled to fees for issuing subpoenas when same are not delivered to a person authorized by law to serve the same. (See 19 Comp., 592.) INSTRUCTIONS TO UNITED STATES COMMISSIONERS. 199 OATHS. 1010. A commissioner is authorized by law to administer oaths generally, and is entitled to the fee of 10 cents therefor. (See 29 Stat. L., 184.) * 1011. A commissioner is entitled to the fee of 10 cents for adminis- tering an oath to a defendant when he is sworn as a witness in his own behalf. (See 4 Comp., 324.) 1012. A commissioner is entitled to the fee of 10 cents for swear- ing the defendant in a case arising under the Chinese exclusion act who acts as a witness in his own behalf. (See 5 Comp., 79.) 1013. A commissioner is entitled to fees for administering oaths to defendant's witnesses. (See Comp. MS. in re McDowell, dated Dec. 28, 1906.) 1014. When a witness is once sworn upon the preliminary examin- ation of a case it is not necessary that he be again sworn at an adjourned hearing of the same case. (See 10 Comp., 628.) 1015. A commissioner is entitled to fees for administering oaths to witnesses who attend before him as to their attendance and travel, although such witnesses reside at the place of hearing and said com- missioner is cognizant of that fact. (See 18 Comp., 180.) COMPENSATION, AND PAYMENT OF. 1016. In no case shall the fees of more than four witnesses in the examination of a criminal case before a commissioner be taxed against the United States, unless their materiality and importance are first approved and certified to by the district attorney. (Sec. 981, R. S. U. S.) 1017. A commissioner is not authorized to issue a subpoena for witnesses outside of his district. A witness attendmg upon a sub- poena so issued is entitled to mileage within the commissioner's district only. (9 Comp., 121.) 1018. United States marshals are not authorized to pay the fees of witnesses subpoenaed on behalf of the defendant in Chinese exclusion cases pending before a commissioner. (See 6 Comp. MS., 9.) 1019. Witnesses before commissioners in any district are entitled to only $1.50 per day for attendance and 5 cents per mile for travel. They are not entitled to double or constructive mileage for attend- ance in different cases on the same day. (Sec. 848, R. S. U. S., and 35 Stat. L., 377.) 1020. When a witness is detained in prison for want of security for his appearance, he is entitled in addition to his subsistence to a com- pensation of $1 per day. (See sec. 848, R. S. U. S.) 1021. A person convicted of crime brought before a commissioner to testify as a witness is not entitled to mileage or fees. (See 9 Comp. MS., 860.) 200 INSTRrCTIONS TO l-XriKD STATES COMMISSIONERS. 1022. A person in custody awaitiiii!; trial for an alleged offense, attending before a commissioner as a witness, is entitled to the usual fees. (See 6 Comp., 588.) 1023. A witness who attends under subpoenas on behalf of the United States before the same commissioner on the same day in two or more cases against different defendants, and is sworn and testifies in each case, is entitled to a separate per diem in each case, but is entitled to only one mileage. (See 14 Comp., 378.) PAY ROLLS. 1024. Blank forms for ))ay rolls must be procured by commis- sioners at their own expense. 1025. These rolls should be on paper 8i by 14 inches, and in the form shown on page 202. They should be transmitted to the marslial immediately after the close of a case. 1026. Signatures by cross mark must be attested by some person who is not interested in the payment. Neither the commissioner nor the deputy marshal should attest such signatures, 1027. The proper expenses actually and necessarily incurred by dep- uty collectors of internal revenue, under section 850, Revised Statutes, in attending as witnesses on behalf of the United States upon prelimi. nary examinations before commissioners in internal-revenue cases, in obedience to subpoenas, are payable from the appropriation ' ' Fees of Witnesses, United States Courts." (See 16 Comp., 838.) 1028. Form 2-08, in cases of actual expense witnesses before commissioners, should be attached to the regular commissioners' pay roUs and the amount of such expenses included in the aggregate amount ordered paid by the commissioner. HEARINGS. 1029. A commissioner is not entitled to a per diem fee for hearing and deciding on criminal charges in the following instances : (a) When the only action taken is to admit the defendant to bail tor appoaraucp before another commiasioner for heirins:. (See 2 Comp., 28 1 .) (6) Merely for services rendered \uider section 1019. R. S. U. S., preliminary to taking new bonds of defenchmts who had previously e:iven bonds for appearance in court. (See 4 Comp.. 4G5.) (c) For deciding only, on the second day, a case in which (he hearing had been fully completed on the first day. (See 4 Comp., 472.) (d) Merely for taking bonds of defendants under indictment. (See J8 Comp., 444.) (e) When the only service was the taking and certifying of depositions. (See (lomp. MS. in re Reed, dated Oct. 10, 1914.) 1030. The examination of witnesses is not a necessary condition to a preliminary examination before a commissioner and where a defendant waives examination and is held for trial the "hearing and deciding" is complete. (See 7 Comp., 578.) INSTKUCTIONS TO UNITED STATES COMMISSIONERS. 201 CONTINUANCES. 1031. When it is necessary to continue the hearing of a case to another day, the account must show why it could not be completed in one day. Such showing should be made on the page of the account on which the charges in the case appear. 1032. When a per diem is claimed in a case which has been con- tinued from a prior quarter, the account should show the date for which a per diem, if any, has been previously claimed, as well as the necessity for the continuance. DISCHARGE OF POOR CONVICTS UNDER SECTION 1042, R. S. U. S. 1032a. Accounts containing charges for discharging poor convicts must show clearly the date on which the notice of the filing of the application was transmitted to the district attorney, the date of com- mitment to serve sentence, the period of imprisonment, if any, named in the sentence, the amount of fine and costs adjudged against the defendant, and the date of discharge. (See Comp. to Atty. Gen., Jan. 28, 1916.) 202 IXSTRUCTIOXS TO UNITED STATES COMM ISSIOXERS. B^ h^-h t. 3 „ C a O ! Sals I 11 £S o o o o o o ^ ^ ^ s s s 1 1 I a 1 1 -^ g-p ! I ^, I 1 l£| "^ 5; ^; a> oQ >H ■jj a> o cs S OJ >.| c ^ Q ^ +^ > ^ . 6c- * : t! i c ; 2M.2 -= c J3 •S ! E f *^ I.I I 111 '^ T !^ o >■ i , .^- ft ■■< 3 ' E E -5 I.S-S 2 ill INSTRUCTIONS TO UNITED STATES COMMISSIONERS. 203 TRANSCRIPTS. 1033. A comniissioucr is not entitled to fees for making a tran- script of proceedings in the following instances : (a) 111 proceedings under the Chinese exclusion acts where defendants have been discharged, notwithstanding they may have Ijeen made under a general order of court. (See 8 Comp.. 760.) (6) In Chinese exclusion cases from which no appeal has been taken, notwithstand- ing the existence of an order of court requiring them. (See 21 Comp. MS., 214.) (c) In cases wherein the defendant has not been arrested, unless required by rule or order of court. (See 11 Comp., 28.) (d) Where the only service performed is the taking and certifying of depositions. (See Comp. MS. in re Reed, dated Oct. 10, 1914.) (e) Where the only services performed were the drawing of affidavits or complaints for search warrants and issuing search warrants. (See Comp. MS. in re Bloodgood, dated July 17, 1914.) 1034. A commissioner is entitled to fees for making a transcript 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. (See 2 Comp., 67.) TEANSCEIPT IN REMOVAL PROCEEDINGS. 1035. When charge is made for making transcript of proceedings in a removal case, the account should show to which court the tran- script is sent, i. e., whether to the court in the district to which the defendant is held for removal or to the court in the district in which the commissioner who heard the case is located. 1036. If the transcript in a removal case is sent to the court of the district in which the commissioner who heard the case is located, the commissioner's account should show whether a rule of court exists specifically requiring such action. (See 21 Comp., 685.) MISCELLANEOUS MATTERS. ARREST OF DEFENDANT. 1037. When a defendant is brought before a commissioner otherwise than upon a commissioner's warrant, the account should show how the commissioner acquired jurisdiction, i. e., whether under a capias, upon surrender of defendant by sureties, or otherwise. 204 l.NSIHrC'l IONS JO r.MTKl) STATKS COMMISSIONERS. CONSTRUCTIVE FEES. 1038. The act of May 28, 1898, which prescribes fees for services ren- dered by commissioners, provides that they shall be entitled to the fees therein specified ''and none other," and thus prohibits the allow- ance of all constructive fees. (See 4 Comp., 239.) CONTEMPT. 1039. The power to punish for contempt is not conferred upon com- missioners by law, nor can such power be given by a rule of court. (See 2 Comp., 222.) DISPOSITION OF PROCESS. 1040. All writs issued by commissioners for service must be sent to the marshal's office to be docketed, and not handed directly to the officer who is to serve the same, except in cases wherein the delay caused by sending the writ to the marshal's office would permit the defendant to escape or would materially increase the expense of the proceedings, or when for some other good reason it is desirable that the writ be served without delay. In such case the emergency must be real, fidly shown in the account, and explained in the docket. INTERPRETERS. 1041. The administration of oaths and the issuing of certificates by a commissioner to interpreters as to their attendance before him are unnecessary, and the commissioner is not entitled to fees therefor. (See 5 Comp., 857.) JOINT OFFENDERS. 1042. When two or more defendants are charged with having com- mitted an offense at the same time and place, they should be joined m one case and one complaint drawn. If necessary, however, separate warrants of arrest may be issued, in which case the necessity therefor should be shown in the account. 1043. If apparently joint offenders are not actually such, this fact should be affirmatively stated in the commissioner's account. JUSTICE OF THE PEACE ACTING AS COMMITTING MAGISTRATE. 1044. When a justice of the peace acts as a committmg magistrate under the provisions of section 1014, R. S. U. S., he should charge the same fees as commissioners for like services and render his accounts in the same manner and form. (See 20 Comp., 091.) INSTRUCTIONS TO UNITED STATES COMMISSIONERS. 205 MANDATES. 1045. There is no provision of law compensating commissioners for issuing warrants or mandates to bring prison(»rs ])efore them to give bail. (See 9 Comp., 226.) 1046. A commissioner is entitled to tlie fee of 15 cents for enter- ing a return on a mandate. (See 9 Comp., 226.) OATHS TO EXPENSE ACCOUNTS. 1047. Under the provisions of the act of August 24, 1912, a com- missioner may not charge in his accounts fees for admmistering oaths to expense accounts. (See Comp. MS. in re Adams, July 3, 1915.) PENALTY ENVELOPES. 1048. All correspondence which commissioners are required bylaw to conduct as commissionars may be transmitted in the mails, free of postage, under cover of penalty envelopes. REFERENCE OF A LITIGATED MATTER. 1049. When fees are charged for attending to a reference in alitigated matter, a copy of the order of reference should be attached to the account. 1050. A commissioner who is appointed by the court as a special referee m a case in which the United States is plaintiff can be allowed only the fee of $3 a day for "attendhig to a reference in a litigated matter." (See 4 Comp., 400.) But this does not exclude fees pro- vided by the commissioner's fee bill for other services rendered in the case. (See 5 Comp., 87.) REMOVAL OF DEFENDANTS. 1051. Sections 1014 and 1029, R. S. U. S., provide a complete mode of procedure for the commitment and removal of an offender committed in a district other than that where the offense is to be tried, and the commissioner of the district to which the offender is removed is not entitled to fees for proceedings had before him, such proceedings bemg without authority of law. (See 7 Comp., 578.) 1052. (For transcripts in removal proceedings sec pare. 1035 and 1036, ante.) STATE PRACTICE. 1053. Under section 1014, R. S. U. S., which provides for the arrest of certain offenders, it is a well-settled rule that commissioners musi conform to the practice prescribed by the statutes of the State wherein the arrest is made, without regard to the fees to be earned by them. (See 5 Comp., 172; also 10 Comp.. 340.) 206 INSTRUCTIONS TO UNITED STATES COMMISSIONERS. STENOGRAPHER. 1054. If a comraissioiier eiiiploys a stenographer to assist in the tak- ing and transcribing of depositions, testimony, or otherwise, it must be at his own expense. SURRENDER OF DEFENDANTS BY SURETIES. 1055. Commissioners are authorized to accept the surrender of de- fendants by sureties only durmg vacation of the court to which such defendants are bound. The facts as to the vacation of the court should be aflirmativolv shown in the account, (See sec. 1018, R. S. U. S.) TESTIMONY. 1056. The per diem fee of $5 is the only compensation provided for reducing testimony to writing. (See 4 Comp., 289.) EXTRADITION CASES. 1057. Oulv th'>so commissioners wlio are specially authorized by the court have jurisdiction in extradition cases. Evidence of sucli authorization must be furnished. 1058. Charges for services rendered in such cases should be in- cluded in the regular quarterly accounts. The fees chargeable are those prescribed in the commissioner's fee bill. (See 14 Comp., 693.) 1059. The allowance of a commissioner's fees in an extradition case, charged in an account covering the quarter during which the case was concluded, will be made only after the commissioner has trans- mitted to the department an itemized and certified statement sht)w- ing the fees and costs of every initure in such case, including his own fees, the fees and (\\])eiises of the marshal, fees of witnesses, cost of support of prisoner or prisoners, and all other expenses incurred therein by the United States. Such statement of costs is separate and disthict from the quarterly account, and should ])e prepared and forwarded as soon as the (otal costs in {\\c cast' have been ascertained. 1060. If it is found necessary to (Mnj)loy an intiMprc^tcr in an extra- dition (rase, the matter should ])e taken u]) with the district attoi-nev. who will make the necessary arrangements. 1061. In case the re})resentative of the foreign (iovernment desires to employ a st(Miogra])her to expedite the hearing. th(^ stenogra])her should be ])aid by such represent ativ(> and not by th(> coinnussioner or the marslial. INSTEUCTIONS TO UNITED STATES COMMISSIONERS. 207 1062. No money should ])e reeeiv^cd by the commissioner from any source other than the United States on account of fees or expenses of any character in connection with extradition cases. 1063. A commissioner can issue a warrant in an extradition case which will run into another district, but the defendant can not be returned to the commissioner who issued the warrant without a hear- ing in the district where he was arrested. (See 194 U. S., 20,5.) 1064. When a commissioner is engaged in hearing and deciding a criminal charge and also a case under the extradition treaty between the United States and Great Britain on the same day he is entitled, in addition to the per diem fee allowed by the commissioner's fee bill for hearing and deciding on criniinal charges, to S5 per day for the time necessarily employed in hearing and deciding the case under said treaty. (See IS Comp., 118.) CHINESE-EXCLUSION CASES. 1065. No warrant of arrest for violations of the Chinese-exclusion laws shall be issued by a commissioner except upon sworn complaint of a district attorney, assistant district attorney, collector, deputy collector, or inspector of customs, immigration inspector, marshal, or deputy marshal, or Chinese inspector, unless the issuing of such war- rant shall first be approved or requested in writing by the district attorney of the district in which issued. (See act Mar. 8, 1901, 31 Stat. L., 1093.) 1066. For services arising under the Chinese-exclusion laws a com- missioner is entitled to the fee of S5 provided by the act of March 3, 1901, for "hearing and deciding," and to the fees provided by the act of May 28, 1896, for drawing complaints, issuing process, and for other miscellaneous services rendered in each case. (See 8 Comp., 195.) 1067. The fee of $5 provided by the act of March 3, 1901, for com- missioners ''for hearing and deciding a case arising under the Chinese- exclusion laws" is not a case fee or a per diem fee, but is a specific fee chargeable in each case only upon the rendition of judgment. (See 8 Comp., 195.) 1068. If a commissioner suspends judgment in a Chinese-exclusion case to enable the defendant to present further evidence, there is no final judgment rendered by him, and he is not entitled to the fee provided by law for hearing and deciding. (See 9 Comp., 171.) 1069. If a defendant in a Chinese-exclusion case gives bond for his appearance before a commissioner for trial and afterwards defaults and forfeits his bond, and the commissioner certifies such facts to the district court* which thereupon issues a writ of scire facias for the collection of the penalty upon the bond, the commissioner is not 208 INSTRUCTIONS TO UNITED STATES COMMISSIONERS. entitled to the fee of $5 for "'hejiriufy uiul deciding" a case. (Sec 9 Comp., 649.) 1070. (For transcripts in Chinese-exclusion cases see par. 1033.) DOCKETS AND PAPERS. 1071. Section 21 of the act of May 28, 1896, requires that a commis- sioner's docket shall be a "complete record." Outgoing commis- sioners must deliver this docket to the clerk of the district court. See par. 977 u. All items of service should be recorded when the services are rendered. The record of proceedings shown by the docket should cover for each case: (a) Name of defendant. (b) Name and title (if any) of person making oomplaiiii. (c) Date of approval of complaint by district attorney, if such approNal is necessary. (d) Nature of offense charged, with the place and date of its alleged commission. (e) Place and date of arrest. (/) Dispo.sition of case. ( Visiting Belligerent Countries." APPENDIX. 213 When an applicant desires to visit a belligerent country, he must show to the satisfaction of the Department of State that it is impera- tive for him to do so. If he is going abroad on commercial business, his application must be supported by a letter from the head of the firm which he represents, stating the names of the countries which he intends to visit and the objects of his visits thereto. If the applicant is going abroad for any other purpose, he must support his application with satisfactory documentary evidence sub- stantiating his statement concerning the imperativeness of his pro- posed trip. For example, a person who states that he is going to a belligerent country to visit a relative who is iU should support his application with a letter from such relative, or some other person having knowledge of the iUness. See section 5 of the passport rules. 8. PERSONAL DESCRIPTION. The following suggestions are made in regard to filling out the blanks for personal description: Age: Number of years completed at last birthday. Forehead: High, low, broad, narrow, receding, square, or medium. Eyes: Blue, brown, gray, green, or hazel. Nose: Long, short, broad, pointed, retrousse, aquiline. straight, or Roman. Mouth: Large, small, medium, thick lipped, straight, or firm. Chin: Prominent, round, receding, pointed, long, or medium. Hair: Black, brown, light, golden, thin, or partly bald, grr.y, or brown and gray. Complexion: Dark, fair, medium, ruddy, or saUow. Face: Round, oblong, oval, square, narrow, spare, or thin. The above items are intended merely as suggestions. Such varia- tions and combinations as may be necessary should be made. 9. PHOTOGRAPHS. Photographs must be on thin paper and not smaller than 3 by 3 inches in size. The applicant must sign his photograph across its face so as not to obscure his features. . Three photographs of each person mentioned in the passport application must accompany the application. See section 5 of the passport rules. INDEX. [Numbers refer to paragraphs.] A. Absence: Paragraph. Leave of 26-33 Of nearest commissioner 217, 373, 429 Of officer of territory therefrom 340, 341, 628 Abstract: General, relating to marshal's accounts 297, 298 Of conceded disallowances 293, 294 Of fees and costs in extradition cases 303 Of fees and expenses of marshals and deputies 375 Of juror vouchers 486, 906 Of miscellaneous expense vouchers 585, 587 Of pay of bailiffs, etc., vouchers 560 Of salaries and expenses of district attorneys 335, 592 Of salary, fee, and expense vouchers 334, 358-360 Of salary vouchers 333-335, 359, 360, 592 Of supplemental items in marshal's account 285 Of support of prisoner vouchers 556, 557 Of witness vouchers 516-518, 906 Abstracting and reporting earnings from individuals and corporations 321-325 Abstracts of title 630,727 Expense of procuring 697-699 Accounts: Penitentiary, State 543 Of clerks of United States courts {See Clerks) 655, 784-806, 849 Of commissioners {See Commissioners) 655, 658, 962-976, 1037-1064, 1075-1087 Of justices of the peace 1044 Of marshals {See Marshals) 267-616, 626-630, 655, 659-699 Of special assistant attorneys 641 Acknowledgments, fees of clerks for taking 854 Admiralty cases, fees and expenses in 327, 465-470 Advances: Of judiciary funds 133-140, 183 To witnesses 183, 248, 526-535 Advertising, expenses of 395, 588-590 Affidavit: Of actual expense witnesses 515 Of clerk to account and emolument return 801, 816 Of commissioner to account 971-973 Of deputy clerk to expense account 832 Of district attorneys and their assistants to expense vouchers 660 215 216 INDEX. Affidavit — Continued. Paragraph. Of jury ooramissioner 580 Of marshal as to claims 59G Of marshals and deputies to fees and expenses 37()-379 Of publisher 588, 589 To expense vouchers, without charge 13, 378, 1047 To vouchers of intestate decedents 301 Aliens ordered deported, as witnesses 51 1-513 Analysis: Of balance, accounts current 295 Of fees of jurors 487 Of fees of witnesses 487, 517 Of miscellaneous expenses 585, 586 Of pay of bailiffs, etc 5(51 , 562 Of i)a>nnents for sup])ort of prisoners 558 Antitrust cases: Duties of district attorneys in 730 Fees for serving subpoenas in 460 (b) Appeals: From settlement of accounts 300, 805, 806, 1075-1087 In United States cases, duties of district attorneys in 747-756 Applicatio:i3 for passports 951b an;l pages 211-213 .\ppropriation, liscal year and 277, 278 Approval of accovmts: Duties of district attorneys as to 655-658 Of clerks 655, 802-804 Of commissioners 655, 658, 974-976 Of district attorneys 660 Of extraordinary expenses 352-354 Of marshals, rendition and 269-276, 655 Approval of appointment of clerk or deputy clerk as United States commis- sioner 954 Approval of complaints: Certificate of district attorney as to 296, 356, 973 In Chinese-exclusion cases 4 1065 In internal-revenue cases 980-983, 995 Approval of pleadings : 729, 747 .\rrest: Duties of commissioners after 1037 Expenses endeavoring to 132 (6), 439-442 Maintenance and deportation of Ciiinese 550-552 Without warrants 409 (d) .Vssignments of error 754 .Vssignments and transfers of claims 599, 600 Asffi.stant district attorneys, etc.: Regular (see Regular assistant district attorneys) 631-()37 Si)ecial (see Special assistant attorneys) 638-641 .\ttachment: Fees for serving 449 (/), 450 (c) Expenses endeavoring to serve 411 .Vttendance: Fees of clerks for 883, 884 Fees of fee deputies for 451 456 INDEX. 217 B. Paragraph. Bail 751 Bail bonds {see Bonds) 997-1000 BaiUffs: And criers 563-572 Appointment of 563 ( onipensation of 563 Pay of, etc. {see Pay of Bailiffs, etc.) 559-580 Record of attendance of 266 Salaried deputy appointed to serve as 118, 119, 568 Special taxation for more than three 349-354, 565 Bail in criminal cases 728 Balances: In accounts current 292, 295 In cash, duty of district attorney as to 182 Unexpended 146. 153 (o) Bankruptcy matters: Commission of clerks in 840 Duties and fees of clerks in 837-843 Fees for serving petitions in 444 Moneys in possession of clerk in 944 Notice to parties not to appear 838 Notices of final discharge ' 839 Partnership proceeding 842 Pauper cases— fees sul sequently collected 843 Services of marshals in taking charge of property ' 328 Bankruptcy dockets, clerks 914 (6) Bench warrants. (See Capias.) Bids, competitive: For office supplies 348, 821-823 For printing records, l)riefs, calendars, etc 891-894 For record books for clerks - 911 (^) For stenographers to report proceedings 681 Bill of sale in admiralty, fee 469 Bills of exceptions, duties of district attorneys as to 753 Bonds: Fees of clerks for drawing 855 Fees of commissioners for drawing 997-1000 Of clerks, official 763-766, 770 Of deputy clerks, official 772 Of marshals, official 71, 72, 75-81 Of salaried deputies 107, 108 (h) Sureties on official 76, 77, 79, 81, 765, 770 To secure marshal 's costs 310, 311 Books and records of clerks: ( ashljook 916-919 Dockets 920-928 Furnished on requisition 914, 915 Other than those supplied by the department 910-913 Books and records of marshals: ( ashbook 249-251 ( ivil and criminal dockets 252, 253 General instructions as to 239, 240 Files and memorandum records 264-266 218 INDEX. Books and records of marshals — rontinued. Paragraph. Ledger 254-259 Register of United States prisoners (following p. 75) United States funds book 241-248 Briefs, printing of 696, 696 (o), 748 (c), 891-895 C. ( "ah hire, etc 405, 671, 834 i'alendars: Fees of clerks for making 856 Printing of 891-895 ( 'apias: Defendant arrested on, brought before commissioner 1003 Duties of district attorneys as to issuance of 710 Fees for ser\ing 449 (c) Fees of clerks for issuing 794^ 795 Manner of vouchering charges for serving 448 Transporting prisoners arrested on 218 (c), 431 Cash: Disbursement of judiciary funds by 179-182 Duty of district attorney as to, balances 182 To be held at marshal 's risk 164, 179, 180 Cashbook: Clerk's 914 („), 916-919 Marshal 's 249-251 Certificate: Of commissioner, when not hearing case 373, 429 Of district attorney as to internal revenue and Chinese cases 296, 356, 973 Of marshal as to supplemental items 284 Of marshal as to uncollected earnings 324 Of special examiner as to fees of witnesses 520 Of territorial officers 34I Fees of clerks for making 792, 857, 858, 890, 898 Fees of commissioners for 1041 Certiorari, writ of, district attorneys not to accept service of, etc < 749 (f) "Checking" account, deposits to 145, 147 Checking symbol 158, 159, 19 Checks: Claimants paid by several 37I Disbursement of judiciary funds by 156-178 Moneys to be disbursed by clerks by 945 Chinese, arrest, maintenance, and deportation of 550-552 Chinese exclusion cases: Approval of complaints in 1065 Certificate of district attorney as to 296, 356, 973 Designation of commissioner to act in 218 (ft), 432, 433, 731 Duties and fees of commissioners in 1065-1070 Duties of district attorneys in 73I, 732 Expenses endeavoring to recapture prisoners in 552 (/) Fees of commissioners for hearing and deciding in 1066-1069 Fees of commissioners for transcripts in 1033, 1070 Mileage of fee deputies in 432, 433, 435 (g) Moneys collected by clerks in 933 Support of prisoners in 550-552 Witnesses in 1012 1018 IN^DEX. 219 Citations: Paragraph. Forwarding copies, etc., on appeals 749 Fees of clerks for issuing ^^^ Circuit Courts of Appeals. (See Clerks of.) Civil cases (see Earnina;s from individuals and corporations) 253, 260-263, 310-328, 813 Mileagein 425,434 (/), 435 (m) Ci\dl docket: Of clerks 914 (6), 920-928 Of district attorneys 702,706 Of marshals 252,253 Civil service rules: Appointment of salaried deputies under 107 Employment of clerks and messengers to district attorneys, under. . 643, 644, 653 Civil suits: Institution and defense of 733-740 Reports of, by clerks 774-778 Claims : 140,593-598 Assignments and transfers of ^^^' ^^0 Purchase of, by officers, unlawful 1^7 Clerks of Circuit Courts of Appeals: Appointment of 760, 761 Bond of, official 763,764 Emolument returns of °^'' Oath of office of "^^^ Salary of 329-345,817 Clerks of United States courts: Accounts of— Affidavit and approval 655, 801-804 Explanations to ^05, 806 General instructions as to 784-800 Set-offs in ; ^^^ Appointment and qualification of 760-766 Appointment of, as United States commissioners -,- 954 Authorized to administer oaths °°^ Bankruptcy matters 837-843 Bonds of 763-766,770 Compensation of 779-783,850 Deputies and assistants of ' "' ''-' Duties of 1,837-843,905 Emolument returns of 807-817 Expense accounts of deputies 831-836 Fees of (fee bill). 844, 845 Decisions relating to 846-890 Miscellaneous matters relating to 899-909 Oath of oflace of 762 Office expenses of 5-12,768.709,818-830 Official funds (929)-947 Moneys paid into court 936 941 "Other moneys" 942-947 Public moneys of the United States 929-93o Reports of.;. 948-951 Wages, etc., of deceased and deserting seamen 941 220 INDEX. Clerks of United States courts — Continued. Paragraph. Printing;; briefs, records, court calendars, etc 891-895 Record books for 910-928 Recording and reporting appointments, etc., of commissioners 896-898 Reporting civil suits and protecting property interests of tl;e Government . 774-778 Retiring clerk 951a Clerks to district attorneys: Appointment of C '2-646 Expenses of travel and subsistence of 659-676 Leave of absence of 27-33 Oath of office of 647 S-ilary of 329-345, 642 Term of office of 648, 649 • Vacancies in office of 649, 650 Collection of debts due Post Office Department 740 Collections: Abstract of, for prior quarters 323, 324 For deposit by marshals 1,53 Commissions of clerks of United States courts 860 In bankruptcy cases 840 Commissioner, nearest {See Nearest commissioner). 217, 218, 373, 410, 427-433, 435 (/') Commissioners, United States: Accounts of — Affidavit to ! 971-963 Approval of 655, 658, 974-976 Explanations to 1075-1081 Preparations of 962-970 Revision of, by comptroller 1077, 1082-1087 Supplemental 970 Appointment of 953-958 Notice of 896 Chinese exclusion cases 1065-1070 Dockets and papers of 1071-1074 Designation of , to act in 218(6). 432, 433, 731 Extradition* ases ^ . 399, 1057-1064 Fees of — Bonds and commitments 997-1004 Continuances 1031, 1032 ( "omplaints 978-984 Discharge of poor convict 1032a Fee bill 977 Hearings 658, 1029, 1030 Miscellaneous matters 1037-1056 Transcripts 1033-1036 Warrants 985 996 Not to receive compensation as bailiff or crier 570 (c) Oath of office of 959 Removal of 897, 953 Seal of 960, 961 Term of office 953 Witnesses before 507, 518, 1005-1028 Commitment, reports of prisoners' 53V-541 INDEX. 221 Commitments, writs of: Pavagraph. Fees for serving • 462-464 Fees of commissioners for issuing 997, 1001-1004 Travel to get possession of prisoner under 438 ('ommitting magistrate: Judge as 4S6 Justice of peace as 1044 Competitive bids. (Sec Bids.) Complaints: Fees of commissioners for copies of 9^4 Fees of commissioners for drawing 978-983, 1042, 1066 In Chinese-exclusion cases 980, 1065 In internal-revenue cases 450 (c), 980-983, 995 Register of, attorneys' 702, 703 Compromise of suits, etc 740 Comptroller of the Treasury, revision of settlements by 300, 805, 1077, 1082-1087 Condemnation proceedings: Expenses of taking jury to view lands in 38-40 Jurors and witnesses in 474, 521 Contempt, power of commissioner to punish for 1039 Control of causes (extrajudicial) 717B Conveyance, use of own means of 408 (/), 667 Convicts: As witnesses 509, 1021 Discharge of poor 1032a Expenses transporting 411-416 Copies: Fees of clerks for making 791, 815, 838, 861, 898, 907 Of complaints, fees of commissioners for 984 Of writs, etc., how made 210 Correspondence, offit ial : Of marshals 264 Relating to clerks' accounts 806 Relating to commissioners' accounts 1081 Relating to district attorney's office 700, 701 Rules for 2-4 Costs: Deposits to secure payment of marshals' 3 10-312 In admiralty cases, by poor litigants 470 In extradition cases 302-309. 1059 Repayment of clerks' fees after deposit 862 Taxation of 725 Court calendars, printing of 891-895 Court records to be kept at place of holding court 909 Court rooms and offices in Federal buildings, services and supplies for 601, 602 Court rooms and offices in rented buildings '- - - 605-616 Criers: Appointment of 563 Bailiffs and 563-572 Compensation of 563 Pay for holidays 569 (6) Record of attendance of 266 Salaried deputy not to receive compensation as 570 (c) Criminal appeals act, cases under 750, 750a, 750b 222 INDEX. Criminal rases: Paragraph. Bail in 728 Dismiasing, by attorneys 721 Criminal docket: Of clerks 914 (6) Of district attorneys 702, 705 Of marshals 252 Customs cases: Expense of advertising in 450 (g), 590 Expense of procuring evidence in 523 Fees for serving search warrants in 450 (d) Moneys collected by clerks in 933 Witnesses in 524 D. Daybook, clerks' ; 915 Death: Of clerk of United States court 770, 782, 810 Of fee deputy, affidavit not executed 379 Of marshal, checks drawn prior to 178 Deputies to continue in office after 112 Kemains of prisoners after 542 (/), {g) Vacancy caused by 91 Debts due Post Office Department, collection of 737 Deceased and deserting seamen, wages, etc., of 941 Decedents, intestate, payment to 301 Decisions, request for, from Comptroller 300, 805, 1082-1087 Defendant, sun-ender of, by sureties 435 (h), 1055 Defendants' witnesses before commissioner 1011-1013, 1018 Deportation of Chinese, arrest, maintenance, and 550-552 Deposits: General instructions as to 141-145 Of other than judiciary and income tax funds 201-204 Of registry funds in Treasury 940 Reporting and recording .' 152-155 To "checking" account 145, 147 To credit Treasurer of United States 148-151 To "noncheckiug" account 144, 146 To secure payment of marshals' costs 310-312 Deputies: Fee. («9ce Fee deputies.) Passes not to be used by 374 Possemen. (See Fossemon.) Salaried. (aS^c Salaried deputies.) Special. (See Special deputies.) Subsistence at home of 408(c) To continue in office after death of marshal 112 Unserved process 100-102, 113, 131, 206 Deputy clerks: Appointment of, as United States coramissioners 954 Authorized to admini.ster oaths 882 Expense accounts of 831-836 INDEX. 223 Deputy clerks and office assistants 767-772 Appointment of 767, 769 Bonds, official, of 772 Compensation of - 768, 769 Oath of office of 771 Deserting seamen, wages, etc. , of deceased and 941 Detained witnesses 508-513, 544, 546, 1020 Disallowances : In clerks' accounts 805, 806 In commissioners' accounts 1077, 1081 In marshals' accounts f 147 (a), 153 (6), 300 Abstract of, conceded 293, 294 Posting to ledger from statements of 259 Disbursements: Actual, defined 267, 268 Advances bv marshals 183, 248, 526, 535 Cash ' 179-182 Checks 156-178 By clerks, of "other moneys " 945-947 Reports, weekly, of receipts and 184, 187 Discharging prisoners 1032a, 462^64 Dismissing criminal cases, by district attorneys 721 Distribution of writs for service 211-213 District attorneys: Appointment and induction into office 617-621 Approval of accounts of marshals, clerks, and commissioners 655-658 Clerks to 329, 642-650 Compensation of 625-630 Dockets, files, and records 700-709 Duties of 182, 296, 535, 630, 655-658, 710-720, 730-732, 973, 995, 1065 Expense of abstracts of title 697-699 Ijeave of absence of 26-33 Legal matters concerning 717-759 Messengers to 329, 651-654 Oath of office of 617-621 Office expenses of 8 (6), 346-348, 677 Regular assistant district attorneys 631-637 Residence, official 1, 617, 622 Special assistant attorneys 638-641 Special expenses of conducting particular cases 678-695 Term of office of 623 Travel and subsistence expenses of district attorneys, their assistants, and clerks 625, 626, 659-676 Vacancy in office of 1, 624, 627 District attorneys' clerks {see Clerks to district attorneys) 329, 642-650 District attorneys' messengers {see Messengers to district attorneys) 329, 651-654 Docketing of writs by marshal 211-213, 252 Dockets: And papers of commissioners 1071-1074 Clerks' 914 (6), 920-928 District attorneys' 702-709 Fees of clerks for making 799, 863-866 Marshals' 252, 253 224 INDEX. Double fees: Parafcraph. Collection of, from iudividuals and corporations 315 Of clerks 779 Drawing jurors, method of 219 Duties: Of clerks 1, 837-843, 905 Of commissioners 1037, 1042, 1043, 1057-1064, 1065-1070 Of district attorneys 182, 296, 535, 630, 655-658, 710-720 Of fee deputies 426, 427, 430-433, 439, 448 Of marshals 1, 92-94, 210, 328 Of regular assistant district attorneys 632 Of salaried deputies 116-119 Of chief deputy 117 Of special assistant attorneys 638, 639 E. Earnings from individuals and corporations: Abstracting and reporting 321-325 Account of uncollected 260-263 Amounts collectible 313-320 Deposits .to S3cure marshals' costs 310-312 In paupar cases 263 Miscellaneous matters relating to 326-328 Receipts of clerk for 313, 325 Schedule of, by clerks 813 Economy, administrative foresight and 710-716 Emolument returns of clerks , . 807-817 Of circuit courts of appeals 817 Endeavoring expanses, collectible from individuals and corporations 319 Endeavoring to arrest, expenses of 132 (h), 439-442 Entries, fees of clerks for making 800, 867, 868 Equipment, of leased quarters 615 Escape of prisoners in custody of marshal or deputy 408 (g), 414, 434(e), 435 (?),(^-). 552 (/) Exchange of typewriters, etc .\ 825 Executions: Duties of district attorneys as to issuance of 710 Fees for ser\'ing 434 (d) Fees of clerks for issuing 901 Reports of 227-237 Upon judgments 735 Executive clemency, applications for 757-759 Exemptions as to income tax 189 Expediting act, cases under 755 Expenses: Actual, in lieu of mileage 436-438 Endeavoring to arrest 132 (6), 439-442 Extraordinary 238, 349-354, 565 For use of own means of conveyance 408 (/), 667 In admiralty cases 465-470 Of agent in bringing fugitives back to United States 70 Of clerks of United States courts 8 (rf), 768, 769, 818-830 Of deputy clerks 831-836 Of district attorneys, their assistants, and cl jrks, for travel and subsistence 625, 626, 659-676 INDEX. 225 Expenses — Continued. Of fee deputies. (See Fee deputies.) Paragraph. Of feeding prisoners in custody of marshal or deputy 387-389, 549 Of Government officers as witnesses 489, 497-504, 1027, 1028 Of judges 573,574 Of keeping boats, etc., in admiralty 327, 467-470 Of keeping property attached on mesne process 327, 355 (e), 390-397 Of keeping property seized in pure-food cases 395, 590 Of marshals and deputies for travel and subsistence {see Marshals) 398-416 Of procuring abstracts of title 697-699 Of procuring evidence in customs cases 523 Of salaried deputies {see Salaried deputies) 398-416 Of subsistence at official headquarters 96, 402 Of taking jury to view lands 38-40 Of transporting convicts 411-416 Experts and other special employees: Compensation of 689 Employment of 689, 690 Vouchers for 693-695 Explanations to accounts: Of clerks 805,806 Of commissioners 1075-1081 Of marshals 299, 300 Extradition cases: {Fugitives from foreign jurisdiction.) Abstract of fees and costs in 303 Accounts of commissioners in 1058 Duties and fees of commissioners in 309, 1057-1064 Fees and costs of marshals in 302-309, 1059 Interpreters in 305, 1060 Statement by commissioner of all fees and costs in 1059 Statement of marshals' costs in 305 Stenographer in 306,1061 Warrants in 55,309,1063 Extradition of fugitives from United States in foreign jurisdiction 41-70 Extraordinary expenses 238, 349-354, 565 Authority to incur 350, 351 Special taxation by the court of 353, 354 Vouchers for 352-354 F. Federal buildings: Services and supplies for court rooms and offices in ^ . . 601, 602 Transfer of Government property from rented to 603, 004 Fee bill: Clerks' 844, 845 Commissioners' 977 Marshals' 471 Fee deputies: Affidavit of, to fees and expenses 376-379 Appointment of 123-127, 130, 423, 424 895—16 15 226 INDEX. Fee deputies— Continued. Paragraph. Compensation of 132, 207, 209, 417-471 Actual expenses in lieu of mileage 436-438 Computing maximum 420-424 Expenses endeavoring to arrest 132 {b), 439-442 Expenses of feeding prisoners 387-389, 549 Expenses transporting con\dcts 411-416 Fee bill 471 Fees and expenses in admiralty cases 465-470 Fees for attendance before commissioners 451-456 Fees for committing and discharging prisoners 462-464 Fees for serving subpoenas, venires, etc 207, 209, 443^50 General instructions as to 417-419 Mileage 425-438 Duties of 426, 427, 43(M33, 439, 448 Not to receive pay as bailiff 570 (c) Oath of office of 128, 130 Resignation, suspension, and removal of 127 Term of office of 129-131 Fees and costs in extradition cases 302-309, 1059 Fees and expenses in admiralty cases 465-470 Fees charged under State fee bill 419, 425, 466, 474, 521 Fees, matters of strict law 846 Fees: Of clerks of United States courts {see Clerks) 779, 844-890 Of commissioners {see Commissioners) 658, 977-1056 Of fee deputies {see Fee deputies) 132, 207, 209, 417-471 Of jurors, United States courts. {See Jurors.) General instructions as to 472-474 Mileage 478-480 Per diems 475^77 Vouchers, abstracts, and analyses 481-487 Of justices of the peace 1044 Of witnesses. United States courts {sec Witnesses). . 488-535, 692, 1007, 1016-1028 Actual expenses of witnesses 489, 497-504, 1027, 1028 Advances to witnesses 526-535 Detained witnesses 508-513, 1020 General instructions as to 488, 489 Mileage and per diems 490-497, 1007, 1017-1023 Miscellaneous matters concerning 519-525 Special provisions as to seamen, et al 505, 506 Vouchers, abstracts, and analyses 514-518, 1024-1028 Witnesses before commissioners 507, 100.5-1028 Witnesses before justices of the peace, etc 519, 520 Filing, fees of clerks for 869, 870, 890 In bankruptcy cases 841,843 Files: And records of district attorneys 700, 701 Of marshals 264 Final records, fees of clerks for making 871-874 Fiscal year and ap])rc)])riation 277, 278 INDEX. 227 Forwarding accounts : Paragraph. Duties of clerks as to 905 Of clerks 784 Of commissioners 962 Of marshals 270, 271 Fugitives from foreign countries in United States. {See Extradition of.) Fugitives from United States in foreign jurisdiction. {See Extradition of.) Funds book, United States 241-248, 255 Funds, judiciary and other {see Judiciary and other funds) 133-204 G. General abstracts 297, 298 "Government salary tables," how obtained 336 Grand jury docket 702, 704 Gratuities, of United States prisoners, upon discharge 547 Guards: Compensation of 384, 385 Forms for reporting hire of 386 General instructions as to 382, 383 Receipts for subsistence of 380 (6) Stationary 385 Traveling 384 H. Habeas corpus ad testificandum, writ of: Alien witnesses transported under 513 Fees for serving 449 {g) Habeas corpus proceedings, fees of clerks in 875 Hearing and deciding: Fees of commissioners for, in certain extradition cases 1064 In Chinese exclusion cases 1066-1069 On criminal charges 658, 1029-1032, 1064 Hearings: Continuance of, by commissioners 975, 1031, 1032 Fees of fee deputies for attending 435 {L), 451-456 In naturalization cases 726 Mileage transporting defendants for 217, 218, 373, 425-433 Hire of vehicles, etc 380 (c), 405, 665, 671, 834 Holidays, per diems of bailiffs and criers for 569 (6) I. Imposition of sentence, and hearing of naturalization cases 726 Income tax deductions 188-200 Indictments: Duties of district attorneys as to 724 Fees of clerks for making copies of 861 (6) Individuals and corporations, earnings, from {see Earnings from individuals and corporations) '. 253, 260-263, 310-328, 813 Ink, mucilage, etc 19-21 Institution and defense of civil suits, and reports thereof to Solicitor of Treas- wcy 733-740 228 INDEX. Internal-revenue cases: Paragraph. Approval of complaints in 980-983, 995 Arrests in, without warrants 409 (d) Certificate of district attorneys as to 296, 356, 973 Expenses endeavoring to arrest under search-warrant, in 442 Expenses guarding property seized in 396, 397 Fees for serving warrants in 450 (c) Fees of commissioners for issuing warrants in 981-983, 995 Moneys collected by clerks in 932 Reports of forfeited recognizances in 777 Internal-revenue officers: As witnesses 499-501 Compensation of fee deputies while accompanying 417 (d) Expenses of marshals and salaried deputies while accompanying 409 (c) Interpreters: Authority for employment of 685, 686 Compensation of 686 Fees of commissioners for swearing, as to attendance 1041 In extradition cases 305, 1060 Intestate decedents, payments to 301 Inventories of Government property delivered to marshals' successor 97-99 Issuance of applications for passports 9516 and pp. 211-213 J. Jail accounts. (See Support of Prisoners) 388, 542-558 Jail record (see Register of United States prisoners, following page 75) 540 "John Doe" warrants: Fees for serving 209, 450 (h) Fees of commissioners for issuing 994 Joint offenders, duties of commissioners as to 1042, 1043 Judges: As committing magistrates 456 Expense of telegrams and telephone messages sent by 8 (a), 582 Expenses of travel and maintenance of 573, 574 Salaries of ^ 329-345 Income tax deduction from 189 Stenographers and messengers for 34-37, 329-345 Judgments: Executions upon 735 List of, for Solicitor of Treasury 775 Judiciary and other funds 133-204 Advanced on requisitions 133-140 Deposits of 141-155 Disbursements of 156-204 Income tax deductions 188-200 Moneys, other than judiciary appropriation and income-tax funds 201-204 Reports, weekly, of receipts and disbursements 184-187 Jurors: Drawing, qualifications, etc 219 Expenses of travel to summon 408 (e) Fees of (see "Fees of Jurors, U. S. Courts ") 472-187 In condemnation proceedings 40, 474 Meals and lodging for 575, 576 Signatures of, by cross mark 484 Summoning by mail 219-225 INDEX. 229 Jury: Paragraph. Expenses of taking, to view lands 38-40 Special, how returned 224 Jury commissioners 577-580 Justices of the peace: Fees and accounts of 1044 Witnesses before 519 L. Laundry 403, 670, 835 Leased or rented buildings 605-616 Bills for rent 616 Renting or leasing 605-610 Repairs or alterations of 614 Services and equipment 615 Supervision of 611-613 Leave of absence: Of officials and employees 26-33 Telegrams relative to, not official 8 (/) Ledger: Clerks' 915 Marshals' 254-259 Letters, official. (See Correspondence). List of jurors, fees of clerk for making 876 Lodging and subsistence: For jurors 575, 576 Of clerks to district attorneys 675 Of district attorneys and their assistants 625, 626, 659, 663-665 Of marshals and deputies 380 (a), 380 (6), 381, 398-403, 408 (c), 409 (e), 436, 439, 440 Telegrams reserving rooms, not official 8 (g) Long-distance telephone messages. {See Telephone messages, long distance). M. Mail: Registered, venire served by 221, 222 Subpoenas sei-ved by 461 (d) Maintenance of Chinese prisoners 550-552 Making duplicate accounts, fees of clerks for 852 Mandates: Duties of district attorneys as to 756 Fees for serving 449 (h) Fees of commissioners for entering return on 1046 For issuing, not allowed 1045 Maps, authority for purchase of 480 Marshals: Accounts of f. 267-592, 655-699 Accounts current 289-296 Actual payments, etc., defined 267, 268 Appeal from and revision of settlement 300, 1075-1087 Earnings from individuals and corporations 253, 260-263, 310-328, 813 Explanations to 299, 300 Fees and costs in extradition cases 302-309, 1059 230 INDEX. Marshals— Continued. Accounts of — Continued. Paragraph. Fiscal year and appropriation 277, 278 General abstract of 297, 298 Payment to intestate decedents 301 Preparation of 279-288, 362-374 Rendition and approval of 269-276, 655 Supplemental items in 282-285 Appointment and induction into office 71-74, 84-88, 91, 173 Bonds of 71, 72, 75-81 Books and records of 23&-266 Compensation of 103 Expenses of travel and subsistence 374, 398-410 Salaries 329-345 Custodians of leased buildings 611-613 Fee bill 471 Leave of absence of 26-33 Oath of office of 71, 82, 83 Office expenses of 8 (c), 346-348 Powers and duties of 1, 92-94, 210, 328 Process, service of 205-238 Residence, official 1, 95, 96 Retiring 97-102, 159, 172 Term of office of 89, 90 Vacancy in office of 1, 91 Master in chancery, pay of bailiffs for attendance before 569 (c) Mesne process, compensation and expenses for keeping property attached under 327, 355 (e), 390-397 Messengers: To district attorneys 329-345, 651-654 To judges 34-37, 329-345 Mileage : Of clerks 798, 811, 877, 878 Of fee deputies 425-438 Of jurors \ 478-480 Of witnesses 490-497, 1007, 1017-1023 Not allowed to jury commissioners 579 "Miscellaneous expenses, United States courts " 8 (a), 34-37, 40, 329, 581-590, 678-699, 891-895, 910-913 Abstracts of title 697-699 Advertising and publication of notices 395, 588-590 Experts and other special employees 689-695 General instructions as to 581-583, 678-680 Interpreters 685, 686 Messengers to judges 34-37, 329-345 Printing briefs, calendars, etc 696, 696 (a), 748e, 891-895 Record books for clerks ^. 910-913 Stenographers to report proceedings 681-683 Taking jury to view land 40 Telephone messages and telegrams of judges 8 (o), 582 Vouchers, abstracts, and analyses for 584-587, 684, 688, 693-695 Moneys: Fees of clerks for receiving, keeping, and paying out 860 Income-tax funds .' 188-200 INDEX. 231 Moneys — Continued. Par Judiciary funds 133-140 Official funds in hands of clerks (see Clerks of United States courts) .... 929-951 Other than judiciary and income-tax funds in marshals' possession 201-204 Retiring officers 99, 951a Mucilage, etc 19-21 Naturalization cases, imposition of sentence and hearing of 726 Nearest commissioner: Certificate of, when not hearing case 373, 429 Exceptions to rule of 218, 429-433 Expenses when prisoner not taken before 410 Transporting defendants to 217, 218, 427-429, 435 (/) Nolo contendere, pleas of 722 " Nonchecking " account, deposits to 144, 146 Notices: Of appointment of commissioners 896 Of final discharge, in bankruptcy cases 839 Publishing 588-590 In customs cases 450 (g) To appear, on summons to juror 222 To parties not to appear, in bankruptcy cases 838 0. Oath of office: Of clerks of district courts and circuit courts of appeals 762 Of clerks to district attorneys 647 Of commissioners 959 Of deputy clerks. . . : 771 Of district attorneys 617-621 Of fee deputies 128, 130 Of marshals 71, 82, 83 Of regular assistant attorneys 635 Of salaried deputies 109, 110, 114 Of special assistant attorneys 640 Oaths: Clerks authorized to administer 882 Commissioners authorized to administer 1010 Deputy cler-ks authorized to administer — ; 882 Fees of clerks for administering 796, 879-882 Fees of commissioners for administering 1010-1015, 1041, 1047 To expense accounts 13, 378, 1047 Office assistants, deputy clerks and 767-772 Office expenses: Of clerks of United States courts S{d), 768, 769, 818-830 Of marshals and district attorneys 5-12, 346-348, 677 Officers, Government: Expenses and fees of, as witnesses 489, 497-504, 1027, 1028 Oaths to expense accounts of 13 Penalty for discounting Government claims by 167 Offices in Federal buildings, services and supplies for 601, 602 Offices in rented buildings 605-616 232 INDEX. Official bonds {Sec Bonds.) Paragraph. Official funds (see Clerks of United States courts) 929-947 Official letters. (See Correspondence.) Official residence. (See Residence.) Old materials, sale of 24,25,143,146 (d) Order of removal, fees for serving 449 (b) P. Pardons, applications for 757-759 Partnership proceedings in bankruptcy cases 842 Passes, use of, prohibited 374, 674 Passports, applications for 951b and pp. 211-213 Paste, etc 19-21 Pauper cases, fees subsequently collected 843 Paupers. (See Poor litigants.) Pay of bailiffs, etc., United States courts 559-580 Bailiffs and criers 563-572 Expenses of judges ^ 573, 574 General instructions as to 559-562 Jury commissioners 577-580 Meals and lodging for jurors 575, 576 Vouchers, abstracts, and analyses — Abstracts and analyses 560-562 Vouchers 560, 564, 574, 576, 580 Pay rolls of witnesses before commissioners 1024-1028 Penalty envelopes, use of, by commissioners 1048 Penitentiaiies, State: Accounts of 543 Report of commitments to 541 Pension examiners, witnesses before •. 519 Per diems: Of bailiffs and criers 563 For national holidays 569 (b) Of clerks ^ 883, 884 Of commissioners for hearing and deciding 1066-1069, 1064, 1029-1032 Of fee deputies for attendance before commissioners 451-456 Of jurors 475-477 Of witnesses 490-497, 1018-1023 Petitions: For certiorari 749c In bankruptcy, fees for serving 444 Pleadings, approval of 729 Pleas of nolo contendere 722 Poor convict, discharge of 1032a Poor litigants: Bond or deposit to cover costs 310-312 Costs of, in admiralty cases 470 Earnings in suits by 263 Fees for serving process for 435 (a), 443 Oatli 310a, 843a, 909b Porterage : At hotels and stations 409 (g), 670, 835 On sleeping and parlor cars 409 (b), 669, 836 INDEX. 233 Possemen : Paragraph. Employment of 238 Deputies acting as, while accompanying revenue officers 417 (cf), 509 (c) Possession, writ of, fees for serving 446 Post-office cases: Moneys collected by clerks in 934 Report of — By clerks 776 By district attorneys 737 Powers : Of attorney, assignments, transfers, etc 599, 600 Of commissioners 1039 Of marshals 92 " Practice " not "Recognized " 848 Printing briefs, records, court calendars, etc 696, 696 (a), 748e, 891-895 Prisoners: Accounts of, in State institutions 543 Chinese, maintenance of 550-552 Compensation of, as witnesses 508, 513, 1020-1022 Delivery of, to marshal's successor 100 Escape of 408 (gr), 414, 434 (e), 435 (t), W, 552 (/) Expenses of fee deputies to get possession of 438 Expenses transporting 382-384, 387-389, 409 (d), 410-416, 437, 549 Fees for committing and discharging 462-464 Gratuities of, upon discharge - 547 Guards for 382-386 Mileage transporting 427-433, 434 (e), 435 (6), 435 (/)-435 (k) Receipt for bodies of 380 (/) , 415 Register of following page 75 Reports of commitment and release of 537-541 Support of 388,542-558 Stop-over allowance incident to transporting 416 Private litigants (see Earnings from Individuals and Corporations) 253, 260-263, 310-328, 813 Prize cases — compensation of clerks in 780 Proceeds of sale: In pure-food cases 395 Of Government property 24, 25, 143, 146 (d) Process: Fees for serving, for poor litigants 435 (a), 443 Individual record of 265 Service of — Docketing, delivering, and reporting service of writs 211-214 General instructions as to 205-210 Procedure in serving 215-218 Reports involving property interests of the Government and collec- tions by execution or otherwise of revenues and debts due the United States 227-237 Resistance or defiance of Federal authority 238 Summoning jurors 219-225, 408 (d) Unserved : 100-102,113,131,206 234 INDEX. Property: - Paragraph. Expenses of keeping, attached on mesne process 327, 355 (e), 390-397 Expenses of keeping, seized in pure-food cases ' 395, 590 Government: Records of 22, 23 Receipt for by incoming marshal 74 Retiring officials 97, 98, 951a sales of 24, 25, 143, 146 (cO transfer of, from rented to Federal buildings 603, 604 Public moneys. (See also "Moneys.") Duties of clerks respecting 929-935, 948-951 Fees of clerks for receiving, keeping, and paying out 860 Publishing notices 588-590 In customs cases 450 (g) Pure-food cases, expense of advertising and keeping property seized in 395, 590 Railroad tickets, round trip, to be used 406, 666 Receipts: By incoming marshals, for Government property 74 For actual expenses of witnesses 515 For bodies of prisoners 380 (/), 415 For deposits made to secure costs 312 For expenses of district attorneys, assistants, and clerks 665 Of clerks for marshals' costs 313, 325 Of witnesses for funds advanced 529 Required of marshals and deputies 380, 381 Receipts and disbursements, weekly reports of 184-187 Recognizances, fees of clerks for taking, etc 885, 886 Record books for clerks (see Books and records of clerks) 910-928 Record books for marshals (see Books and records of marshals) 239-266 Record of proceedings before commissioners 1071 Records: And briefs, printing of 696, 696 (a), 748e, 891-895 And files, of district attorneys 700, 701 Copies of, in cases appealed 748b Court, to be kept at place of holding court 909 Fees of clerks for making 887 Fees of clerks for making final 871-874 Files and memorandum, of marshals 264-266 Form of, in cases appealed 752 Of attendance of bailiffs and criers 266 Of Government property 22, 23 Of service of process 265 Printing of, in cases appealed 7t8b, c, d, o, and f Reference, fees of commissioners for attending 1049, 1050 Refunds of income-tax deductions 195-197 Registered mail, venires served by 221, 222 Register of complaints 702, 703 Register of United States prisoners followdng pas-e 75 Registry funds 936-940 INDEX. 235 Paragraph. Regular assistant district attorneys 631-637 Appointment of 631-634 Attention to private business 720 Duties of ^ ^32 Expenses of travel and subsistence of 659-676 Leave of absence of 27-33 Oath of office of 635 Residence, official 636 Salary of 329-345,631,632 Term of office of 637 Of vessels in admiralty cases 468 Reports of prisoners' 537-541 Removal proceedings: Fees of commissioners in 1051, 1052 Transcriptsin 1035,1036,1052 Removal, warrants of, fees for serving 449 (b) Rendition and approval of marshals' accounts 269-276, 655 Rented buildings, transfer of Government property from, to Federal build- ings 603-616 Rent of court rooms, bills for 616 Repairs or alterations to leased quarters 614 Replevin, writ of, expenses caring for property seized under 394 Reporting and recording deposits 152-155 Reports: By marshals, as to collections by execution, etc 227-237 Of property transferred from rented to Federal buildings 603 Docket, of district attorneys "08, 709 Of amounts withheld on account income tax 200 Of appeals in United States cases 748 Of appointment, etc., of commissioners 896-898 Of appointment of fee deputies 124 Of collections made by clerks 935 Of commencemnet of suit 774 Of commitment and discharge of prisoners 537-541 Of decisions in United States cases 747a Of deposits of registry funds ^40 Of designation of commissioners in Chinese cases 731 Of forfeited recognizances in internal -re venue cases 777 Of funds other than judiciary and income-tax moneys 201-204 Of institution of civil suits 733-742 Of official funds 948-951 Of post-office cases, by clerks 776 Of receipt of writs 212 Of resignations, removals, etc 111> 127, 637, 650, 897 Of service of writs 214 On abstracts of title 7-7 On applications for Executive clemency - 757 To Department of Labor in Chinese cases 550 Weekly, of receipts and disbm-sements 184-187 Requisitions : For judiciary funds 133-140 For suppUes 14-21 236 INDEX. Residence, official: Paragraph. Of clerka i Of district attorneys 1, 617, 622 Of marshals 1, 95, 96 Of regxilar assistant attorneys 636 Resignations: Of clerks to district attorneys 650 Of commissioners, reporting of 897 Of fee deputies 127 Of regular assistant attorneys 637 Of salaried deputies Ill Retiring marshals 97-102, 159, 172 Retiring clerks 951a Return: Fees of commissioners for entering 1046 Upon writs of execution 227-237 Revision by Comptroller of settlement of accounts 300, 805, 1077, 1082-1087 Round-trip tickets to be piu-chased 406,666 Route, shortest usually traveled 400, 478, 490, 668 Rules for official correspondence 2-4 Rules of court, copies of 900 S. Salaries: Abstracts and vouchers for 330-335 Computing and withholding 336-345 General instructions as to 329 " Salaries and expenses of district attorneys, United States courts": Abstracting payments under 335, 592 Expenses of travel and subsistence of district attorneys, their assistants, and clerks 39, 659-676 Office expenses 8 (6), 346-348, 677 Salaries 329-345 "Salaries, fees, and expenses of marshals. United States courts": Abstract of vouchers 334, 358-360 Compensation of fee deputies A 417-471 Expenses of travel and subsistence of marshals and salaried deputies 39, 398-416 General instructions as to 355-357 Office expenses 8 (c), 346-348 Salaries 329-345 Salaried deputies: Appointed to serve as bailiffs 118, 119, 568 Authorization and appointment of 104-108, 114 Compensation of 119-122 Duties of 116-119 Expenses of travel and subsistence 398-416 Leave of absence of 27-33 Not to receive pay as bailiff or crier 570 (c) Oath of office of : 109, 110 Salaries of 329-345 Termination of services and other changes 111-115 Sale: Of old materia], etc 24,25,143,146 (d) Of property seized under pure food law 395 Of vessels, etc., in admiralty, bill of, fee for 469 INDEX. 237 Schedule: Paragraph. By clerks, of earnings from individuals and corporations 813 Of items disapproved by court 274 Scire facias, writ of: Fees for serving - 450 (/) Duties of district attorneys as to issuance of 710 Seal: Fees of clerks for affixing 793, 857, 858, 888-890, 898 Of State or county officers to affidavits to accounts 971, 972 Required of commissioners 960, 961 To copies of orders approving accounts 273 Seamen, deceased and deserting, wages, etc., of 941 Seamen, etc., fees and expenses of, as witnesses 505, 506 Seamen's wage cases 909b Searches, fees of clerks for 890 Search warrants: Expenses endeavoring to arrest under 442 Fees and expenses in executing 449 (e) Fees of commissioners for issuing. 996 In customs cases 450 (d) Secret Service employees, as witnesses 500 (a) Seizures: Publishing notices of, under customs laws 450 (g) Under internal-revenue laws 396, 397 Under pure food laws 395 Sentences: Imposition of, in naturalization cases 726 Suspended 723 Service fees, of fee deputies 443-471 Service of process {see Process) 205-238 Services and supplies for court rooms and offices in Federal buildings 601, 602 Set-offs in clerks' accoimts 849 Sick leave 26-33 Sheriffs, etc., appointment of, as deputies 126 Signatures by cross mark 381, 484, 1026 Soldiers, United States, as witnesses 503 Special assistant attorneys: Appointment of 638, 639 Compensation of 641 Duties of 638,639 Oath of office of - 640 Special -deposit accounts, income-tax deductions 192-199 Special deputies 238, 355 (e) Special examiners, witnesses before 520 Special juries, how returned 224 Special taxation by court, of extraordinary expenses 353, 354 State fee bills: As to jurors, and witnesses in condemnation proceedings 474, 521 Fees charged under 419 In admiralty cases 466 In civil cases 425 Statement: By commissioners of all fees and costs in extradition cases 1059 Of marshal's fees and coste in extradition cases 305 238 INDEX. Paragraph. State penitentiaries, accounts of 543 State practice, commissioners to conform to 999, 1053 Stationery and miscellaneous supplies: Blank forms and dockets 18 General instructions as to 14-17 Ink, mucilage, and paste 19-21 Stenographers: Authority for, to accompany judge 37 Employed by commissioners 1054 Forjudges 34-37,329-345 In extradition cases 306, 1061 To report proceedings 681-684 Subpoenas: Duties of clerks as to issuance of 901-904 Fees and jurisdiction of commissioners in issuing 1005-1009 Fees for serving in civil cases 434 (/), 435 (n) Fees of clerks for making copies of 861 (c) For necessary witnesses only 713, 716 Service fees for 457^61 Ser\dce of 215, 216 Subsistence (see Lodging and subsistence) : At home of marshal or deputy 408 (c) Expense of, at official headquarters 96, 402 Substitutes: Employed by bailiffs and criers 570 (6) For officers serving as witnesses 502 Suits against the United States, duties of district attorneys as to 743-746 Siunmoning jurors 219-225, 408 (e) Supervision of leased buildings 611-613 Supplemental accounts of commissioners 970 Supplemental items in marshals' accounts 282-285 Supplies for court rooms and offices in Federal buildings 601, 602 Supplies, stationery, and miscellaneoiis 14-21 Support of prisoners, United States coiu-ts (see Prisoners) .^ 388, 542-558 In Chinese cases 550-552 Penitentiary accounts 543 Vouchers, abstracts, and analyses 553-558 Sureties: Duties of district attorneys as to 711 On official bonds 76, 77, 79, 81, 765, 770 Surrender of defendants by 435 (h), 1055 Surrender of defendants by sureties 435 (h), 1055 Suspended sentences 723 Suspensions by auditor in accounts: Of clerks 805, 806 Of commissioners 1076-1081 Of marshals 300 Symbol, checking 158, 159, 194 T. Talesmen, how returned 223 Taxation of costs 725 Tax, income, deductions 188-200 Team hire 380 (c), 405, 665, 671 INDEX. 239 Telegrams: Paragraph. As to advances to witnesses 527, 531 General instructions as to 5-8 Of clerks 8(d), 829, 830 Of district attorneys and marshals 8 (6), (c), 346, 677 Of judges 8 (a), 582 Relative to leave of absence, not official 8 (/) Reserving rooms, not official 8 (g) Rules for sending 2-4 Vouchers for 9-12 Telephone messages, long-distance: General instructions as to 5-8 Of clerks 8 (d), 828 Of district attorneys and marshals 8 (b), (c), 346, 677 Of judges 8 (a), 582 Vouchers for 9-12 Term of office: Of clerks to district attorneys 648, 649 Of commissioners 953 Of district attorneys 623 Of fee deputies 129-131 Of marshals 89, 90 Of regular assistant district attorneys ] 637 Of salaried deputies 111-115 Territorial officers: Certificate of, to accompany vouchers 341 Salary of, when absent 340, 628 Testimony, fees of commi s sioners for reducing to writing 1056 Tips to waiters and expressmen 403, 409 (g), 670, 835 Titles to sites for public buildings: Abstracts of 697-699 Duties of district attorneys in procuring 630, 727 Transcript of record, on appeal to Supreme Court 749 (6), 752 Transcripts: Fees of commissioners for , 1033-1036, 1070 In removal proceedings 1035, 1036, 1052 Transfer of Government property from rented to Federal buildings 603, 604 Transfers and assignments of claims 599, 600 Transporting convicts 411-416 Transporting prisoners. (See Prisoners.) Travel to attend court, mileage of clerks for 798, 811 , 877, 878 Travel and subsistence. (See Expenses.) Treaties, extradition: Obligations imposed on United States by 67-69 Where found 44 Tj'jiewriters, etc., exchange of 825 U. Unexpended balances 146, 153 (a) United States attorneys. (See District attorneys.) United States cases, appeals in, duties of district attorneys as to 747-756 United States commissioners. (See Commissioners, United States.) United States funds book 241-248, 255 240 INDEX. United States marshals. {See Marshals.) Paragraph. United States prisoners 536 Unserved process, duties of marshals and deputies concerning. . 100-102, 113, 131, 206 V. Vacancy: Filled by recess appointment 342, 343 In office of clerk 1 In office of clerk to district attorneys 649, 650 In office of district attorney 1, 624, 627 In office of marshal 1, 91 Vehicles, etc.: Hire of 380 (c), 405, 665, 671, 834 Use of own as means of conveyance 408 (/), 667 Venires: Expenses to serve 408 (d) Services, fees for 457-461 To be served by registered mail, when 221, 222 Vouchers: For expenses of printing briefs, records, court calenders, etc 895 For expenses of transporting convicts 412 For experts and other special employees 693-695 For extraordinary expenses 352 For fees and expenses of marshals and deputies 362-374, 386, 398, 418, 457 , For fees of jurors 481-485 For interpreters 688 For miscellaneous expenses 584 For office expenses of clerks 826, 827 For pay of baiUffs, etc 560,564,574,576,580 For payment of salaries 330-333 For rent of court rooms 616 For reporting support of prisoners 553-556 For stenographers to report proceedings 684 For telegrams and long-distance telephone messages 9-12 For traveling expenses of clerks to district attorneys 675 For traveling expenses of district attorneys and their assistante 660 Not to be folded 288 Of payments to intestate decedents 301 Of supplemental items 282-285 . Of witnesses 514-517, 1024-1028 W. Wages, etc., of deceased and deserting seamen 941 Warrant of removal, fees for serving 449 (6) Warrants: Arrests without 409 (d) Fees of commissioners for issuing 981-983. 985-996 In certain extradition cases 1063 In Chinese-exclusion cases 1065 In extradition cases 55, 309 In internal-revenue cases 450 (c), 981-983, 995 Mileage incident to service of 425-435 Of removal, fees for serving 449 (6) Search. {See Search warrants.) Service fees for 207, 209, 446-450- INDEX. 241 Paragraph. Weekly reports of receipts and disbursements 184-187 Witness docket of district attorneys 702, 707 Witnesses: Actual expense 489,497-504,1027,1028 Advances to 183, 248, 526-535 Aliens ordered deported as 511-513 Bailiffs as 572 Before commissioners 507, 518, 1005-1028 Advances to 533 Before justices of the peace, special examiners, etc 519, 520 Commissioners' pay rolls of 1024-1028 Petained - 508-513, 544, 546, 1020 Duties of district attorneys concerning 713-716 Expenses endeavoring to serve attachment on 441 Experts as ^^^ Fees for serving subpoenas on 457-^61 Fees for serving attachment on 449 (/), 450 (e) Fees of clerks for administering oaths to 796 Fees of commissioners incident to services of 1005-1028 Fees of, in certain States 491 Government officers as 489,497-504,1027,1028 In Chinese-exclusion cases 1012, 1018 In condemnation proceedings 521 In customs cases 524 mieage and per diems of 490-497, 1007, 1017-1023 Miscellaneous matters concerning 519-525 Officers of United States courts as, when officiating 495 Prisoners as, fees of 509,1020-1022 Signatures of, by cross mark 484, 1026 Special compensation of 522 Special provisions as to seamen, et al 505, 506 Substitutes for officers serving as 502 United States soldiers as 503 Writs: Copies of, how made 210 Distribution of, for service 212, 213 Docketing 252 Duty of clerks as to sending, to marshal or deputy 211, 899 Duty of commissioners as to disposition of 211, 1040 Of error, in United States cases 747-756 Report of service of 214 Report of receipt of 212 o 895—16 16 14 DAY USE ^W RBTURN TO DESK FROM WHICH BORROWED DOCUMENTS DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subjea to immediate recall. mr. ^5 1--^ mi. CIS. miv^ im 4 1375 *\ rofvSA';v vjs^^.^. iiifi 338601 I UNIVERSITY OF CALIFORNIA LIBRARY ■ !■■«■ ••«;«■■,■