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"7. In case of reversal, affirmance or dismissal, with costs, the amount of the cost of printing the record, and of the clerk's fee, shall be taxed against the party against whom costs are given, and shall be inserted in the body of the mandate or other proper process.

"8. Upon the clerk's producing satisfactory evidence, by affidavit or the acknowledgment of the parties or their sureties, of having served a copy of the bill of fees due by them, respectively, in this court, on such parties or their sureties, an attachment shall issue against such parties or sureties, respectively, to compel payment of the said fees."4

In cases of dismissal for want of jurisdiction, such fees are taxed against the party bringing the cause into court, unless the court otherwise directs. When a party has printed the transcript of the record at his own expense, he may docket the case without giving security for the clerk's fees; but before the printed copies are delivered to the justices or the parties for use on the final hearing, or on any motion in the progress of the cause, the clerk can require the payment of fifteen cents a folio for attending to the correctness and proper indexing of the printed copies of the record. If the clerk demand the fees in advance, they must be paid. When the clerk has no security for fees due to him from a party entitled to a mandate, he may withhold the mandate until his fees are paid, or he is otherwise satisfied in that behalf."

The salaries of the clerks of the Circuit Courts of Appeals are three thousand dollars a year, payable in equal quarterly instalments.10 They must account for and pay to the United States the fees collected by them." It has been held that they may retain for such fees five hundred dollars a year in addition to their salary. Their fees have been fixed by the Supreme Court under statutory authority,13 as follows: "Docketing a case and filing the record, five dollars. Entering an appearance, twenty-five cents. Transferring a case to the

4 Rule 10.

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10 26 St. at L. 826.
11 Ibid.

12 Morton v. U. S., 59 Fed. R. 349; U. S. v. Morton (C. C. A.), 65 Fed. R. 204.

13 29 St. at L. 536.

printed calendar, one dollar. Entering a continuance, twentyfive cents. Filing a motion, order or other paper, twenty-five cents. Entering any rule or making or copying any record or other paper, for each one hundred words, twenty cents. Entering a judgment or decree, one dollar. Every search of the records of the court and certifying the same, one dollar. Affixing a certificate and a seal to any paper, one dollar. Receiving, keeping and paying money, in pursuance to any statute or order of court, one per cent. on the amount so received, kept and paid. Preparing the record for the printer, indexing same, supervising and printing and distributing the copies, for each printed page of the record and index, twenty-five cents. Making a manuscript copy of the record, when required by the rules, for each one hundred words, but nothing in addition for supervising the printing, twenty cents. Issuing a writ of error and accompanying papers or a mandate or other process, five dollars. Filing briefs for each party appearing, five dollars. Copy of an opinion of the court, certified under seal, for each printed page, but not to exceed five dollars in the whole for any copy, one dollar." 14

Where a transcript of a record of a Circuit Court has been duly certified by the clerk of that court to a Circuit Court of Appeals, there prepared for the printer, the printing supervised and the printed copies indexed and distributed by the clerk of the Circuit Court of Appeals; one of those printed copies with a certificate by such clerk stating that it is a transcript of the record there filed, together with a certified copy of the further proceedings there, is a sufficient transcript for the Supreme Court, and there is no need of paying the fees of the clerk of the Circuit Court of Appeals for a manuscript copy of the record there.15

In the Fourth, Sixth, Seventh and Eighth Circuits, where the record has been printed in the District or Circuit Court, a circuit judge may order that it be used in the Circuit Court of Appeals. In that case in the Sixth and Seventh Circuits the clerk of the latter court is allowed a fee for supervising the printing, and in the Seventh Circuit he must index it and charge a fee for that service.16

14 168 U. S. 720.

15 Toledo, St. L. & K. C. Ry. Co. v. Continental Tr. Co., 176 U. S. 219.

16 U. S. C. C. A. Rule 23 of three circuits. Rule 26 of the Fourth Circuit also allows this.

In the First, Third and Fifth Circuits the clerk of the Circuit Court of Appeals must receive from either party and use as parts of the printed record, so far as the same is of proper size and type, any parts of the same which were printed below, and also any printed copies of patents and exhibits, allowing the party furnishing the same such sum as the clerk deems reasonable, which sum thus paid is added to and forms part of the cost of printing." A similar practice prevails in the Second Circuit.

The fees of the clerks of Circuit and District Courts are fixed by statute as follows:

"For issuing and entering every process, commission, summons, capias, execution, warrant, attachment or other writ, except a writ of venire, or a summons or subpoena for a witness, one dollar.18 For issuing a writ of summons or subpoena, twenty-five cents.19 For filing and entering every declaration, plea, or other paper, ten cents.20 For administering an oath or affirmation, except to a juror, ten cents.21 For taking an

18 U. S. R. S., § 828. See Goodrich v. U. S., 47 Fed. R. 267; Jones v. U. S., 39 Fed. R. 410.

19 U. S. R. S., § 828. See Erwin v. U. S., 37 Fed. R. 470; U. S. v. Van Duzee, 140 U. S. 169, 176; Jones v. U. S., 39 Fed. R. 410.

17 U. S. C. C. A. Rule 23 of these to a fee for filing vouchers attached circuits. to an account. U. S. v. Jones, 147 U. S. 672; U. S. v. Payne, 147 U. S. 687. See U. S. v. Van Duzee, 140 U. S. 169; U. S. v. McCandless, 147 U. S. 692; U. S. v. Taylor, 147 U. S. 695; Goodrich v. U. S., 47 Fed. R. 267; Dimmick v. U. S., 36 Fed. R. 82. If two or more depositions are embraced in a single paper, or a series of sheets attached together, they form but a single paper, within the meaning of the law. U. S. v. Barber, 140 U. S. 164, 168, per Mr. Justice Brown. It has been held that where the statutes are silent as to what papers shall be filed, that rests in the discretion of the judge of the court of first instance, and his decision will not be reviewed upon appeal. Pennsylvania Co. for Insurance, etc. v. Jacksonville, T. & K. W. Ry. Co., 66 Fed. R. 421.

20 U. S. R. S., § 828. So far as the clerk's fees are concerned, no paper is considered filed unless it has the proper indorsement by the clerk; and the merely placing a paper in the court papers is no filing. Erwin v. U. S., 37 Fed. R. 470, 484; Henry Amy & Co. v. Shelby County, 1 Flip. 104. But the failure of the clerk to mark as filed a paper left in his office for that purpose cannot prejudice the party who has given it to him. Phinney v. Mutual Life Ins. Co., 178 U. S. 327, 336. When it is necessary to enter on the calendar a note of such filing, an additional fee of fifteen cents is allowed. Erwin v. U. S., 37 Fed. R. 470, 484. The clerk is not entitled

21 U. S. R. S., § 828. See U. S. v. Taylor, 147 U. S. 695; U. S. v. Van Duzee, 140 U. S. 169; Fuller v. U. S., 58 Fed. R. 329.

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acknowledgment, twenty-five cents. For taking and certifying depositions to file, twenty cents for each folio of one hundred words. For a copy of such deposition furnished to a party on request, ten cents a folio." " A party may tax the fee paid for a copy of his own deposition, for use in printing the evidence, as required by a rule.25 "For entering any return, rule, order, continuance, judgment, decree, or recognizance, or drawing any bond, or making any record, certificate, return, or report, for each folio, fifteen cents.'

The clerk may charge fees in an equity cause, as to absent defendants, as to whom the cause is continued. Where a cause, after being referred to an auditor, is, with the sanction of the court, settled by the parties, and entry made, "Dis

22 U. S. R. S., § 828; U. S. v. Barber, rich v. U. S., 42 Fed. R. 392; U. S. v. 140 U. S. 177. Taylor, 147 U. S. 696; U. S. v. Payne, 147 U. S. 687; U. S. v. Van Duzee, 140 U. S. 169; Marvin v. U. S., 44 Fed. R. 405; Erwin v. U. S., 37 Fed. R. 470; Jones v. U. S., 39 Fed. R. 410; U. S. v. Converse, 63 Fed. R. 423; Fuller v. U. S., 58 Fed. R. 329. The clerk of the United States Circuit Court for the District of New Jersey is entitled to collect from the plaintiff, in an action at law, fees for recording the proceedings and judg ments therein in favor of plaintiff. U. S. R. S., § 914, provides that the 25 Brewster v. Shuler, 38 Fed. R. pleadings and forms and modes of

23 U. S. R. S., § 828. Where a suit is voluntarily dismissed by the complainant, without a submission or hearing, on a settlement of the case at complainant's costs, with consent of the defendant and the attorneys of both parties, the solicitor's fees for taking depositions are not allow able; but the clerk's fees are a proper charge under a decree dismissing the case at complainant's costs. Cahn v. Qung Wah Lung, 28 Fed. R. 396.

24 U. S. R. S., § 828.

549.

26 U. S. R. S., § 828. See Erwin v. U. S., 37 Fed. R. 470. Where the number of words is less than one hundred, they are counted a folio; and as such entry is, in fact, a record, it was held that the departmental construction is the proper one, which gives the clerk ten cents for filing a paper, and fifteen cents for the record entry in the calendar. Amy v. Shelby County, 1 Flip. 104. But see U. S. v. Kurtz, 164 U. S. 49. A judg‐ ment is an order of the court within the meaning of the fee bill. Blake v. Hawkins, 19 Fed. R. 204. See Davis v. U. S., 45 Fed. R. 162; Good

proceedings in civil causes, other than equity and admiralty, in the Circuit and District Courts of the United States, shall conform as nearly as may be to the forms and modes of procedure in like causes in the States where such courts are held. Section 76 of the New Jersey General Statutes provides that when any civil action shall have been determined, the clerk of the court shall enter all the proceedings, including the judgment, in a book of records to be kept for that purpose. Morrison v. Bernard's Tp., 35 Fed. R. 400.

27 Ex parte Lee, 4 Cranch, C. C. 197.

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missed, at defendant's costs, by consent," the process and pleadings in the State court, together with the proceedings for removal sent up in the transcript, and the proceedings in the Federal court, should be entered upon the final record; and the clerk may properly charge fifteen cents per folio for each entry. "For a copy of any entry or record, or of any paper on file, for each folio, ten cents.29 For making dockets and indexes, issuing venire, taxing costs, and all other services, on the trial or argument of a cause where issue is joined and testimony is given, three dollars.30 For making dockets and indexes, taxing costs, and all other services, in a cause where issue is joined, but no testimony is given, two dollars." "1 It has been held in the Ninth Circuit that the petitioner in an application for the writ of habeas corpus may be obliged to pay eleven dollars for all services in the proceeding; but that the court has discretion to allow no costs or fees in such a case." "For making dockets and indexes, taxing costs, and other services, in a cause which is dismissed or discontinued, or where judgment or decree is made or rendered without issue, one dollar.33 For making dockets and taxing costs, in cases removed by writ of error, or appeal, one dollar.34 For affixing the seal of the court to any instrument, when required, twenty cents. For every search for any particular mortgage, judgment, or other lien, fifteen cents. For searching the

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28 Blain v. Home Ins. Co., 30 Fed. R. 667.

29 U. S. R. S., § 828. The clerk is entitled to ten and not to fifteen cents per folio for transcripts of a record. A transcript is a copy. Cavender v. Cavender, 3 McCrary, 383. See Erwin v. U. S., 37 Fed. R. 470, 490; Jones v. U. S., 39 Fed. R. 410; U. S. v. Van Duzee, 140 U. S. 169; U. S. v. McCandless, 147 U. S. 692; U. S. v. Taylor, 147 U. S. 695.

30 U. S. R. S., § 828. See U. S. v. Payne, 147 U. S. 687; U. S. v. King, 147 U. S. 676; U. S. v. Van Duzee, 140 U. S. 469; U. S. v. McCandless, 147 U. S. 692; Erwin v. U. S., 37 Fed. R. 470.

31 U. S. R. S., § 828.

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32

32 In re Moy Chee Kee, 33 Fed. R. 377.

33 U. S. R. S., § 828; U. S. v. Kurtz, 164 U. S. 49; U. S. v. Van Duzee, 140 U. S. 169; Van Duzee v. U. S., 41 Fed. R. 571.

34 U. S. R. S., § 828. The clerk's fee of one dollar for filing the note of issue when placing an appeal in admiralty on the calendar is taxable, and the clerk may charge for including the evidence in the record on the final decree in admiralty. The Alice Tainter, 14 Blatchf. 225, 227.

35 U. S. R. S., § 828. See Taylor v. U. S., 45 Fed. R. 531; U. S. v. Van Duzee, 140 U. S. 169; Marvin v. U. S., 44 Fed. R. 405; Fuller v. U. S., 58 Fed. R. 329.

36 U. S. R. S. § 828.

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