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services shall be rendered: (a) To the clerk of the supreme court of fees of clerks. the United States, ten dollars per day for his attendance in court, and for his other services in discharging the duties of his office, double the fees of the clerk of the supreme court of that state in which the supreme court of the United States shall be holden. To the clerk of the district and circuit courts such fees in each state respectively as are allowed in the supreme courts of the same; and five dollars per day for his attendance on any circuit or district court, and at the rate of ten cents per mile for his expenses and time in travelling from the place of his abode to either of the said courts. And in case any clerk of a court of the United States shall in discharging the duties of his office perform any kind of service which is not performed by the clerks of the courts of the state, and for which the laws of the state make no allowance, the court in which such service shall be rendered may allow a reasonable compensation 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 respective places of abode to the place where the court is held, and the like allowance for returning: To witnesses summoned in any of the courts of the United States the same compensations in each state respectively as are allowed in the supreme courts of the same; To the attorney of the United States for the district, such fees in each state respectively as are allowed in the supreme courts of the same, and also the like compensation for travelling as is above allowed sec. 2. to the clerk of the district and circuit courts.

Jurors.

Witnesses.

Attornies.

1796, ch. 48,

1799, ch. 19, sec. 9.

Marshal to

have the custody of vessels paid certain expenses of fuel &c. and receive and pay the fees of jurors &c.

seized, and be

SEC. 4. And be it further enacted, That the marshal shall have the custody of all vessels and goods seized by any officer of the revenue, and shall be allowed such compensation therefor as the court may judge reasonable: And there shall be paid to the marshal the amount of the expense for fuel, candles, and other reasonable contingencies that may accrue in holding the courts within his district, and providing the books necessary to record the proceedings thereof; and such amount, as also the compensations aforesaid to the grand and petit jurors,-To the witnesses summoned on the part of the United States, to the clerk of the supreme court for his attendance,-to the clerks of the district and circuit courts for their travelling and attendance,-to the attorney of the district for travelling to court-to the marshal for his attendance at court; for summoning grand and petit jurors and witnesses in behalf of any prisoner to be tried for a capital offence; for the maintenance of prisoners confined in gaol for any criminal offence, and for the commitment or discharge of such prisoner, and also the legal fees of the clerk, attorney and marshal, in criminal prosecutions, shall be included in the account of the marshal; and the same having been examined and certified by the court or one of the judges of it in which the service shall have been rendered, shall be passed in the usual manner at, and the amount thereof paid out of the treasury of the United States, to the marshal, and by him shall be paid over to the persons entitled to the same, and the marshal shall be allowed two and an half per cent. on the his allowance amount by him so paid over to be charged in his future account.

SEC. 5. And be it further enacted, That in every prosecution for any fine or forfeiture incurred under any statutes of the United States, if judgment is rendered against the defendant he shall be subject to the payment of costs-And on every conviction for any other offence not capital, the court may, in their discretion, award that the defendant shall pay the costs of prosecution-And if any informer or plaintiff on a penal statute to whose benefit the penalty or any part thereof if recovered is directed by law to accrue shall discontinue his suit or prosecution or

therefor.

Rules for pay. ment of costs incurred by prosecutions for

fines &c.

(a) Marshal.-The marshal shall have an attachment to enforce the payment of his fees of office against suitors in the court. So also against the endorser on the writ, who by the lex loci, is liable to respond for costs. 2 Gallis' C. C. R. 101.

1813, ch. 14. Fees herein

covered.

shall be nonsuit in the same, or if upon trial a verdict shall pass for the defendant, the court shall award to the defendant his costs, unless such informer or plaintiff be an officer of the United States specially authorized to commence such prosecution, and the court before whom the action or information shall be tried, shall at the trial in open court, certify upon record, that there was reasonable cause for commencing the same, in which case no costs shall be adjudged to the defendant.(a)

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

Penalty on demanding unlawful fees.

Certain acts repealed.

1791, ch. 8.

Clerk of supreme court to

transmit to clerks of circuit

courts the form

of awrit of error.

1789, ch. 20. When clerks may take recog

nizances de bene esse;

and affadavits of surveyors, &c.

1812, ch. 25.

SEC. 7. And be it further enacted, That if any officer herein before mentioned, or his deputy, shall by reason or colour of his office wilfully and corruptly demand and receive any greater fees than those allowed by this act, he shall 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 six months, at the discretion of the court before whom the conviction shall be.

SEC. 8. And be it further enacted, That the act passed at the last session of Congress, entitled "An act to continue in force for a limited time, an act passed at the first session of Congress, entitled An act to regulate processes in the courts of the United States;" and also another act passed at the last session of Congress, entitled "An act providing compensations for the officers of the judicial courts of the United States, and for jurors and witnesses and for other purposes," be and the same are hereby repealed.

SEC. 9. And be it further enacted, That it shall be the duty of the clerk of the supreme court of the United States, forthwith to transmit to the clerks of the several circuit courts the form of a writ of error, to be approved by any two of the judges of the supreme court, and it shall be lawful for the clerks of the said circuit courts to issue writs of error agreeably to such forms, as nearly as the case may admit, under the seal of the said circuit courts, returnable to the supreme court, in the same manner as the clerk of the supreme court may issue such writs, in pursuance of the act, intitled "An act to establish the judicial courts of the United States."

SEC. 10. And be it further enacted, That it shall and may be lawful for the clerks of the district and circuit courts, in the absence or in case of the disability of the judges, to take recognizances of special bail, de bene esse, in any action depending in either of the said courts, and also the affidavits of all surveyors relative to their reports, and to administer oaths to all persons identifying papers found on board of vessels or elsewhere, to be used on trials in admiralty causes.

SEC. 11. And be it further enacted, That in all suits and actions in

(a) Costs are not to be awarded against the United States. The United States v. Hoe et al., 3 Cranch, 73; 1 Cond. Rep. 458. The Antelope, 12 Wheat. 546; 6 Cond. Rep. 629.

Where there appeared some ground for the prosecution, costs were refused. The United States v. La Vengeance, 3 Dall. 297; 1 Cond. Rep. 132.

It is undoubtedly a general rule that no court can give a direct judgment against the United States in a suit to which they are a party, either in behalf of any suitor, or any officer of the government. But it by no means follows that they are not liable for their own costs. No direct suit can be maintained against the United States. But when an action is brought by the United States, to recover money in the hands of a party, who has a legal claim against them for costs, it would be a very rigid principle to deny to him the right of setting up such claim in a court of justice, and turn him round to an application to Congress. If the right of the party is fixed by the existing law, there can be no necessity for an application to Congress, except for the purpose of remedy. And no such necessity can exist, where the right can be properly set up by way of defence to a suit by the United States. The United States v. Ringgold et al., 8 Peters, 150.

If a witness recognized for the defendant, is marked on the indictment and sent to the grand jury by the district attorney, the United States on the acquittal of the prisoner, must pay the witness his costs. The United States v. Coulter, Circuit Court of Pennsylvania, April, 1803.

their duty in

such case.

any district court of the United States, in which it shall appear that the Where judges judge of such court is, any ways, concerned in interest, or has been of act as counsel for a party, counsel for either party, it shall be the duty of such judge on application of either party, to cause the fact to be entered on the minutes of the court, and also to order an authenticated copy thereof, with all the proceedings in such suit or action, to be forthwith certified to the next circuit court of the district, which circuit court shall, thereupon, take cognizance thereof, in the like manner, as if it had been originally commenced in that court, and shall proceed to hear and determine the same accordingly.

SEC. 12. And be it further enacted, That all the records and proceedings of the court of appeals heretofore appointed, previous to the adoption of the present constitution, shall be deposited in the office of the clerk of the supreme court of the United States, who is hereby authorized and directed to give copies of all such records and proceedings, to any person requiring and paying for the same, in like manner as copies of the records and other proceedings of the said court are by law directed to be given: which copies shall have like faith and credit as all other proceedings of the said court. APPROVED, May 8, 1792.

CHAP. XXXVII.-An Act making alterations in the Treasury and War Depart

ments.(a)

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there

Records of

court of appeals to be deposited with clerk of supreme court.

STATUTE I.

May 8, 1792.

(a) The acts for the establishment and regulation of the Treasury department, have been: An act to establish the Treasury department, September 2, 1789, chap. 12; an act supplemental to the act "establishing the Treasury department," and for further compensation to certain officers, March 3, 1791, chap. 18; an act making alterations in the Treasury and War departments, May 8, 1792, chap. 37; an act to amend the act entitled, "An act making alterations in the Treasury and War departments," February 13, 1795, chap. 21; an act for the more effectual recovery of debts due from individuals to the United States, March 3, 1795, chap. 48; an act to alter and amend the several acts for the establishment and regulation of the Treasury, War, and Navy departments, July 16, 1798, chap. 85; an act supplementary to the act entitled, "An act to establish the Treasury department," May 10, 1800, chap. 58; an act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy departments, March 3, 1809, chap. 28; an act authorizing the Secretary of the Treasury to appoint a clerk in the office of the commissioner of revenue, with power to sign licenses, November 22, 1814, chap. 7; an act supplementary to an act making alterations in the Treasury and War departments, passed 8th day of May, 1792, April 29, 1816, chap. 140; an act to provide for the prompt settlement of public accounts, March 3, 1817, chap. 45; an act making appropriation for the payment of arrearages which have been incurred for the support of the military establishment previous to the first of January, one thousand eight hundred and seventeen, February 16, 1818, chap. 10; an act supplementary to the act entitled, "An act to provide for the prompt settlement of public accounts," February 24, 1819, chap. 43; an act to provide for obtaining accurate statements of the foreign commerce of the United States, February 10, 1820, chap. 11; an act in addition to the several acts for the establishment and regulation of the Treasury, War, and Naval departments, May 1, 1820, chap. 50; an act to provide for the better organizing the Treasury de. partment, May 15, 1820, chap. 107. (See The United States v. Maurice et al., 2 Brockenb. C. C. R. 96.) An act further to amend the several acts relative to the Treasury, War, and Naval departments, May 7, 1822, chap. 98; an act to organize the general land office, July 4, 1836, chap. 352, sec. 12; an act to authorize the proper officers of the Treasury department to credit the account of the Treasurer of the United States, with the amount of unavailable funds standing to his debit on the books of the Treasury, to transfer the amount of the debit of banks and individuals indebted for the same, and to authorize the Secretary of the Treasury to compromise and settle the same, March 3, 1837, chap. 33.

Department of War. The acts establishing and regulating the department of War, are: An act to establish an executive department to be denominated the Department of War, August 7, 1789, chap. 7 an act making alterations in the Treasury and War departments, May 8, 1792, chap. 37; an act to amend the act entitled, "An act making alterations in the Treasury and War departments," February 13, 1795, chap. 21; an act to alter and amend the several acts for the establishment and regulation of the Treasury, War, and Naval departments, July 16, 1798, chap. 85; an act concerning public contracts, April 21, 1808, chap. 48, sec. 5; an act further to amend the several acts for the establishment and regulation of the Treasury, War, and Naval departments, March 3, 1809, chap. 28; an act concerning the annual sum appropriated for arming and equipping the militia, April 29, 1816, chap. 135; an act supplementary to "an act making alterations in the Treasury and War departments," passed 8th May, 1792, April 29, 1816, chap. 140; an act to provide for the prompt settlement of public accounts, March 3, 1817, chap. 45; an act in addition to the several acts for the establishment and regulation of the Treasury, War, and Navy departments, May 1, 1820, chap. 50; an act to amend the several acts relative to the Treasury, War, and Navy departments, May 7, 1822, chap. 47.

Accountant

in the war department, his duty.

be an accountant to the department of war, who shall be charged with the settlement of all accounts relative to the pay of the army, the subsistence of officers, bounties to soldiers, the expenses of the recruiting service, the incidental and contingent expenses of the department; and May 27, 1796. who shall report from time to time, all such settlements as shall have been made by him, for the inspection and revision of the accounting officers of the treasury; and the said accountant shall also be charged with the settlement of all claims for personal service authorized by the act of this Congress of the twenty-seventh of March last, and of all military claims lodged in the late office of the paymaster general and commissioner of army accounts, which are not foreclosed by the acts of limitation of the late Congress, and he shall report from time to time, all such settlements as have been made by him, for the inspection and revision of the Comptroller of the Treasury. The compensation of the said accountant shall be a yearly salary of one thousand two hundred dollars.

Salary.
Duty of the
Treasurer of the

U. S. herein.

Paymaster of

1822, ch. 98.

SEC. 2. And be it further enacted, That the treasurer of the United States shall disburse all such monies as shall have been previously ordered for the use of the department of war by warrants from the treasury, which disbursements shall be made pursuant to warrants from the Secretary at War, countersigned by the accountant.

SEC. 3. And be it further enacted, That there be a paymaster to the troops, his reside near the head-quarters of the troops of the United States. That duty. it shall be the duty of the said paymaster, to receive from the treasurer all the monies which shall be entrusted to him for the purpose of paying the pay, the arrears of pay, subsistence or forage, due to the troops of the United States. That he shall receive the pay abstracts of the paymasters of the several regiments or corps, and compare the same with the returns or muster rolls which shall accompany the said pay abstracts. That he shall certify accurately to the commanding officer, the sums due to the respective corps, which shall have been examined as aforesaid, who shall thereon issue his warrant on the said deputy paymaster, for the payment accordingly. That copies of all reports to the commanding officer, and the warrants thereon, shall be duly transmitted to the office of the accountant of the war department, in order to be there examined To give bond. and finally adjusted at the treasury. That the said paymaster shall give bond in the sum of twenty thousand dollars, with two sufficient sureties, for the faithful discharge of his duty, and he shall take an oath faithfully to execute the duties of his office. That the compensation to the said paymaster shall be sixty dollars monthly, with the same rations and forage as a major.

His salary.

Assignment

of pay by a sol

dier after 1st June next not valid.

Contracts for supplying the army to be made

under the Secretary of the Treasury.

To direct the

Assistant Sec. retary abolish ed, and Commissioner of the

SEC. 4. And be it further enacted, That no assignment of pay made after the first day of June next, by a non-commissioned officer or private, shall be valid.

SEC. 5. And be it further enacted, That all purchases and contracts for supplying the army with provisions, clothing, supplies in the quartermaster's department, military stores, Indian goods, and all other supplies or articles for the use of the department of war, be made by or under the direction of the treasury department.

SEC. 6. And be it further enacted, That the Secretary of the Treacollection of du- sury shall direct the superintendence of the collection of the duties on ties, &c. impost and tonnage as he shall judge best. That the present office of assistant to the Secretary of the Treasury, be abolished, and that instead thereof there be an officer in the department of the treasury, to be denominated Commissioner of the Revenue, who shall be charged with superintending, under the direction of the head of the department, the collection of the other revenues of the United States, and shall execute such other services, being conformable to the constitution of the department, as shall be directed by the Secretary of the Treasury. That the

Revenue substi-
tuted,
his duty.

compensation of the said commissioner shall be a salary of one thousand nine hundred dollars per annum.

Salary.

And powers,

with the Auditor and Attorney

Power of the President on death, &c. of

SEC. 7. And be it further enacted, That in every case of an account or claim not finally adjusted, upon which the present comptroller of the treasury, as auditor, may have decided, it shall be the duty of the com- General. missioner of the revenue, and of the auditor of the treasury, finally to adjust the same, and in case of disagreement between the said commissioner and auditor, the decision of the attorney general shall be final. SEC. 8. And be it further enacted, That in case of the death, absence from the seat of government, or sickness of the Secretary of State, Secretary of the Treasury, or of the Secretary of the War department, the heads of the or of any officer of either of the said departments whose appointment three departis not in the head thereof, whereby they cannot perform the duties of ments. their said respective offices, it shall be lawful for the President of the United States, in case he shall think it necessary, to authorize any person or persons at his discretion to perform the duties of the said respective offices until a successor be appointed, or until such absence or inability by sickness shall cease.

SEC. 9. And be it further enacted, That the forms of keeping and rendering all public accounts whatsoever, shall be prescribed by the department of the Treasury.

SEC. 10. And be it further enacted, That in addition to the compensations allowed to the comptroller, auditor, treasurer, and register of the treasury, by the "act for establishing the salaries of the executive officers of government, their assistants and clerks," and to the attorney general by the "act for allowing certain compensations to the judges of the supreme and other courts, and to the attorney general of the United States," the said officers respectively shall be allowed the following yearly sums, viz: the comptroller four hundred dollars; the auditor four hundred dollars; the treasurer four hundred dollars; the register five hundred dollars; the attorney general four hundred dollars.

a

1795, ch. 21.

Treasury department to prescribe forms for keeping accounts.

1789, ch. 13.

Yearly allow. ance to certain

officers of the Treasury and Attorney Gen

eral.

1789, ch. 18.

Secretary of the Treasury allowed two

SEC. 11. And be it further enacted, That the Secretary of the Treasury be authorized to have two principal clerks, each of whom to have salary of eight hundred dollars per annum; and that the salary of the principal clerks. chief clerk of the department of war, be at the rate of eight hundred dollars per year.

SEC. 12. And be it further enacted, That the restriction on the clerks of the department of the treasury so far as respects the carrying on of any trade or business, other than in the funds or debts of the United States or of any state, or in any kind of public property, be abolished, and that such restriction, so far as respects the funds or debts of the United States, or of any state, or any public property of either, be extended to the commissioner of the revenue, to the several commissioners of loans, and to all persons employed in their respective offices, and to all officers of the United States concerned in the collection or disbursement of the revenues thereof, under the penalties prescribed in the eighth section of the act, intitled "An act to establish the treasury department," and the provisions relative to the officers in the treasury department, contained in the "Act to establish the post-office and post roads," shall be and hereby are extended and applied to the commissioner of the revenue.

APPROVED, May 8, 1792.

CHAP. XXXVIII.-An Act supplementary to the act making provision for the

Debt of the United States.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term VOL. I.-36

2A2

Restriction on his clerks as to carrying on trade abolished; and that as to

the funds extended to all revenue

cers, &c.

offi

1789, ch. 12.

1792, ch. 7.

Privilege of franking extended to Com. missioner of the

Revenue.

STATUTE I.

May 8, 1792.

[Obsolete.] 1790, ch. 34.

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