Chapter CXXIV. *amend the Acte regulating the Fees, Costs, and other judicial Expenses of the Government in the States, Territories, and District of Columbia, and for other Purposes.* Aug. 16, 1856. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * T
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Chap. CXXIV.— An Act *amend the Acte regulating the Fees, Costs, and other judicial Expenses of the Government in the States, Territories, and District of Columbia, and for other Purposes.* Aug. 16, 1856. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That hereafter, before theAccounts of marshals, attorneys and clerks to be certified by District Judge before revision. accounts of the United States marshals, district attorneys, and clerks, are presented to the accounting officers of the Treasury Department for settlement, they shall be examined and certified to’ by the district judge of the United States in the district in which the officers presenting the accounts officiate, whether in the States or Territories, and the same shall be subject to revision upon their merits by said accounting officers, as in case of other public accounts: *Provided, however,* That no accounts of feesMarshal not to be charged for erroneous amounts paid to jurors or witnesses under order. or costs paid to any witness or juror, upon the order of any judge or commissioner, shall be so reexamined us to charge any marshal for an erroneous taxation of such fees or costs.
Sec. 2. *And be it further enacted,* That the accounts of the commissionersAccounts of commissioners to be certified by judge. of the United States circuit courts shall be examined and certified to by the district judge of the district in which they are appointed, previous to their presentation to, or revision by, the accounting officers of the Treasury Department. Sec. 3. *And be it further enacted,* That in no case shall the fees ofOnly four witnesses to be taxed against United States before commissioners, unless, &c. more than four witnesses be taxed against the United States in the examination of criminal cases before the commissioners of the United States circuit courts, unless their materiality and importance shall first be approved and certified to by the United States district attorney for the district in which the examination shall take place, subject to revision, as in other cases.
Sec. 4. *And be it further enacted,* That in all these cases before mentioned,Appeal given. an appeal shall lie from the decision of the accounting officers to the Secretary of the Interior. Sec. 5. *And be it further enacted,* That the judges of the supremeJudges of Supreme Courts of territories may fix the times and places of their courts. court in each of the Territories, or a majority of them, shall, when assembled at their respective seats of government, fix and appoint the several times and places of holding the several courts in their respective districts, and limit the duration of the terms thereof: *Provided,* That the said courts shall not be held at more than three places in any one Territory:Provisos. *And provided, further,* That the judge or judges holding such courts shall 50adjourn the same, without day, at any time before the expiration of such terms, whenever in his or their opinion the further continuance thereof is not necessary.
Sec. 6. Clerks’ charges in District of Columbia against private parties payable when service is performed. *And be it further enacted,* That all costs and fees for services rendered by the clerks of the several courts in the District of Columbia, chargeable to others than the United States, shall be payable immediately after the services are performed, and shall be collected by such rules and regulations, not incompatible with law, as may be prescribed by the courts in which such services are rendered, but shall in no case be paid by the United States.
Sec. 7. Courts may discharge grand juries. *And be it further enacted,* That the several circuit and district courts of the United States, the district courts of the Territories, and the criminal court of the District of Columbia, shall have the power to discharge the grand juries of the respective courts whenever they shall be of opinion that the public interests will not be subserved by a further continuance of the session of said grand jury. Sec. 8. No witness court to have witness fees. *And be it further enacted,* That no officer of the United States courts, including the bailiffs, guards, or deputies of the United States marshals, whether in the States, Territories, or District of Columbia, shall be entitled to witness fees, either before a court or commissioners where he is officiating.
Sec. 9. U. States liable to justices and constables of Washington County, D. C., only in case of felony.1848, ch. 42.Vol. ix. p. 229.Said fees how paid. *And be it further enacted,* That the United States shall hereafter be liable to the justices and constables of the county of Washington, in the District of Columbia, for their fees and services in cases of felony only; and so much of the fifteenth section of the act of May seventeen, eighteen hundred and forty-eight, entitled “An act to continue, alter, and amend the charter of the city of Washington,” as provided otherwise, is hereby repealed; said fees shall be paid by the United States marshal, upon the approval of the judge of the criminal court of the District of Columbia, subject to the revision by the accounting officers of the treasury, and to appeal to the Secretary of the Interior.
Sec. 10. Clerks of Supreme Courts of territories. *And be it further enacted,* That it shall be the duty of each of the judges of the supreme court of the respective Territories of the United States to designate and appoint one person as clerk of the district over which he presides, where one is not already appointed, and to designate and retain but one such clerk where more than one is already appointed, and only such district clerks shall be entitled to a compensation from the United States except for fees taxable to the United States.
Sec. 11. So much of act of 1853, ch. 80, § 8, as provides for making up salaries of clerks to $500, repealed.Vol. x. p. 166. *And be it further enacted,* That so much of the third section of the act of February twenty-six, eighteen hundred and fifty-three, entitled “An act to regulate the fees and costs to be allowed to clerks, marshals and attorneys of the circuit and district courts of the United States, and for other purposes,” as requires “that when the compensation of any clerk shall be less than five hundred dollars per annum, the difference ascertained and allowed by the proper accounting officers of the treasury shall be paid to him therefrom,” is hereby repealed.
Sec. 12. Accounts for services when U. States are a party in interest merely, or when officers are sued, payment of. *And be it further enacted,* That all accounts of the United States district attorneys for services rendered in cases instituted in the United States or State courts, when the United States is a party in interest, but not of record; or in cases instituted against the officers of the United States or their deputies, or duly appointed agents, for acts committed or omitted or suffered by them in the lawful discharge of their duties, shall be audited and allowed as in other cases, assimilating the fees, as near as may be, to those provided by said act of February twenty-six, eighteen hundred and fifty-three for like or similar services.
Sec. 13. No marshal or deputy to be commissioner. *And be it further enacted,* That no marshal, or deputy marshal, of any of the courts of the United States, shall hold or exercise the duties of commissioner of any of said courts, nor receive compensation therefor. THIRTY-FOURTH CONGRESS. Sess. I. Ch. 125, 126. 1856. 51 Sec. 14. *And be it further enacted,* That whenever, from any cause, itDistrict Attorneys may appoint substitutes in certain cases. may be impossible for the district attorney to attend at court, it shall be his duty to see that a meet and proper person, learned in the law, residing as near the place where the court is held as possible, does attend to such business as may appertain to the duties of his office, and in all such cases the fees and charges to be paid shall be only such as the district attorneyHow paid. would have been authorized by law to charge had he personally attended and performed the service: *Provided, however,* That before any such substitution is sanctioned, or payment made, the necessity thereof shall be shown to the satisfaction of the Secretary of the Ulterior.
Sec. 15. *And be it further enacted,* That all provisions of law inconsistentInconsistent laws repealed. with this act are hereby repealed. Approved, August 16, 1856. Chapter CXXV: providing for a necessary Increase and better Organization of the Medical and Hospital Department of the Army. 11 Stat. 51 1856-08-16 Chapter CXXV Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Chapter CXXIV
*amend the Acte regulating the Fees, Costs, and other judicial Expenses of the Government in the States, Territories, and District of Columbia, and for other Purposes.* Aug. 16, 1856. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * T
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