Fees for ferving writs, &c.

Sec. 3. And be it further enacted, That from and after the paffing this act, the fees and compenfations to the feveral officers and other perfons hereafter mentioned, fhall be as follows that is to fay, to the marshals of the feveral diftricts of the United States, for the fervice of any writ, warrant, attachment or procefs in chancery, on each perfon named in the fame, two dollars: for his travel out in ferving each writ, warrant, attachment or procefs aforefaid, five cents per mile, to be computed from the place of fervice to the court where the writ or procefs fhall be returned; and if more perfons than one are named therein, the travel fhall be computed from the court to the place of fervice which is most remote, adding thereto the extra travel neceffary to serve it on the other: Provided, That the fee for travel where there is one perfon named in fuch writ, warrant, attachment or procefs, fhall in no cafe exceed feven dollars, and when there are more than one, the fee for extra travel fhall not exceed one dollar above feven dollars for each perfon. For each bail bond, bonds; for fifty cents: for felling goods and veffels condemned, and receiving and paying the money, three per cent for every commitment or difcharge of a prifoner, fifty cents: for fummonfcharge ing witneffes, where he does it, each thirty cents for fummoning a grand or petit jury, each three dollars: Provided, That in thofe ftates where jurors by the laws of the ftate are Provifo in drawn by conftables or other officers of corporate towns or places by lot, the marshals fhall receive for the ufe of fuch conftables or officers the fees allowed for fummoning juries: For attending the fupreme, circuit or diftrict courts, five dollars per day, and at the rate of

for bail

felling vef

fels and goods; commit

ment or

of a prifener: fum

moning ju

rics.

favor of

Atate conitables;

&c.

fees of

ten cents per mile for his expenfes and time for attendin travelling from the place of his abode to ing courts ; either of the faid courts: For levying an ex- levying ex ecution, and for all other fervices not herein ecution, enumerated, fuch fees or compenfation as are allowed in the fupreme court of the state where the services fhall be rendered: To the clerk of the fupreme court of the United clurks States, ten dollars per day for his attendance. in court, and for his other fervices in difcharging the duties of his office, double the fees of the clerk of the fupreme court of that state in which the fupreme court of the United States fhall be holden. To the clerk of the district and circuit courts, fuch fees in each state refpectively as are allowed in the fupreme courts of the fame; and five dollars per day for his attendance on any circuit or district court, and at the rate of ten cents per mile for his expenfes and time in travelling from the place of his abode to either of the faid courts. And in cafe any clerk of a court of the United States fhall in difchaging the duties of his office perform any kind of fervice which is not performed by the clerks of the courts of the ftate, and for which the laws of the ftate make no allowance, the court in which fuch fervice shall be rendered may allow a reasonable compenfation therefor. To each grand and petit juror fifty cents per day for attending in court, and for travelling at the rate of five cents per every mile from their refpective places of abode to the place where the court is held, and the like allowance for returning : To witneffes fummoned in any of the courts of the United States the fame compenfations in each ftate refpectively as are allowed in the fupreme courts of the fame: To the attorney VOL. II. Q

Jurors.

Witneffes.

Maribal to have the cuftody of

vefiels feized, and be

paid certain expen

fes of fuel,

&c. and reecive and

pay the fees of jurors,

&c.

Attornies of the United States for the diftrict, fuch fees in each state respectively as are allowed in the fupreme courts of the fame, and also the like compensation for travelling as is above allowed to the clerk of the district and circuit courts. Sec. 4. And be it further enacted, That the marthal fhall have the cuftody of all veffels and goods feized by any officer of the revenue, and fhall be allowed fuch compenfation therefor as the court may judge reafonable: And there fhall be paid to the marfhal the amount of the expenfe for fuel, candles, and other reafonable contingencies that may accrue in holding the courts within his district, and providing the books neceffary to record the proceedings thereof: and fuch amount, as also the compenfations aforefaid to the grand and petit jurors: To the witneffes fummoned on the part of the United States, to the clerk of the fupreme court for his attendance; to the clerks of the diftrict and circuit courts for their travelling and attendance; to the attorney of the district for travelling to court; to to the marshal for his attendance at court; for fummoning grand and petit jurors and witneffes in behalf of any prifoner to be tried for a capital offence; for the maintenance of prifoners confined in gaol for any criminal offence, and for the commitment or discharge of fuch prifoner; and alfo the legal fees of the clerk, attorney and marshal, in criminal profecutions, fhall be included in the account of the marfhal; and the fame having been examined and certified by the court or one of the judges of it in which the fervice shall have been rendered, fhall be paffed in the usual manner at and the amount thereof paid out of the treafury of the United States, to the

marshal, and by him shall be paid over to the perfons entitled to the fame, and the marshal fhall be allowed two and an half per cent on his allowthe amount by him fo paid over, to be charged for in his future account.

"ance there

cofts incur

fecutions

Sec. 5. And be it further enacted, That in Rules for every profecution for any fine or forfeiture Payment of incurred under any ftatutes of the United red by proStates, if judgment is rendered against the de- for fine, fendant, he fhall be fubject to the payment of &c. cofts and on every conviction for any other offence not capital, the court may in their discretion award that the defendant fhall pay the cofts of profecution: and if any informer or plaintiff on a penal ftatute, to whofe benefit the penalty or any part thereof if recovered, is directed by law to accrue, fhall discontinue his fuit or profecution, or fhall be nonfuit in the fame, or if upon trial a verdict shall pafs for the defendant, the court fhall award to the defendant his cofts, unless fuch informer or plaintiff be an officer of the United States fpecially authorized to commence fuch profecution, and the court before whom the action or information fhall be tried, fhall at the trial in open court, certify upon record, that there was reasonable caufe for commencing the fame, in which cafe no costs shall be adjudged to the defendant.

recovered.

Sec. 6. And be it further enacted, That the Fees herein fees and compenfations to the feveral officers how to be and perfons herein before mentioned, other than those which are above directed to be paid out of the treafury of the United States, fhall be recovered in like manner as the fees of the officers of the ftates refpectively for like fervices are recovered.

fees.

Penalty on Sec. 7. And be it further enacted, That if any demanding unlawful officer herein before mentioned, or his deputy, fhall by reafon or colour of his office, wilfully and corruptly demand and receive any greater fees than thofe allowed by this act, he Thall on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding fix months, at the difcretion of the court before whom the conviction fhall be.

Certain

ed,

66

Sec. 8. And be it further enacted, That the acts repeal act paffed at the laft feffion of Congrefs, intitled, An act to continue in force for a limited time, an act paffed at the first feffion of Congrefs, intitled, "An act to regulate proceffes in the courts of the United States;" and also another act paffed at the last feffion of Congrefs, intitled, " An act providing compenfations for the officers of the judicial courts of the United States, and for jurors and witneffes, and for other purposes," be, and the fame are hereby repealed.

Clerk of fupreme, to tranfmit to clerks of circuit

courts the form of a

writ of erFor.

Sec. 9. And be it further enacted, That it fhall be the duty of the clerk of the Supreme Court of the United States, forthwith to tranfmit to the clerks of the feveral circuit courts, the form of a writ of error, to be approved by any two of the Judges of the Supreme Court, and it fhall be lawful for the clerks of the faid circuit courts to iffue writs of error agreeably to fuch forms, as nearly as the cafe may admit, under the feal of the faid circuit courts, returnable to the Supreme Court, in the same manner as the clerk of the Supreme Court may iffue fuch writs, in purfuance of the act, intitled, "An act to establish the judicial courts of the United States."