Chapter CLXIII. *in Relation to the Pees and Emoluments of the Marshal, Attorney, and Clerk of the Supreme Court of the District of Columbia, and for other Purposes.* June 27, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America to Congress assembled*, Fees of clerk of sup
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Chap. CLXIII.— An Act *in Relation to the Pees and Emoluments of the Marshal, Attorney, and Clerk of the Supreme Court of the District of Columbia, and for other Purposes.* June 27, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America to Congress assembled*, Fees of clerk of supreme court, D. C., and of attorney and marshal. That the fees of the clerk of the supreme court of the District of Columbia, except so far as hereinafter specifically provided, and of the United States attorney and the marshal of said district, except so far as hereinafter provided, shall be the same as the fees respectively allowed to clerks of the district and circuit courts, attorneys, solicitors, and proctors, and marshals, by the act 196 THIRTY-EIGHTH CONGRESS.
Sess. I. Ch. 163. 1864. 1853, ch. 80.Vol. x. p. 161.approved February twenty-six, eighteen hundred and fifty-three, entitled, “An Act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes:” *Provided*, That the clerk of said supreme court shall Limit to pay clerk.not be allowed by the Secretary of the Interior to retain of the fees and emoluments of his said office, for his own personal compensation, over and above his necessary office expenses, the necessary clerk-hire included, to be audited and allowed by the accounting officers of the treasury, subject to an appeal to the Secretary of the Interior, more than the sum of four thousand dollars per annum; and in making out his semi-annual returns, Returns of clerk.required by the third section of said act, said clerk shall embrace his fees and emoluments of every name and character for any service required of him by law.
Sec. 2. Maximum compensation of attorneys and marshals.*And be it further enacted*, That no marshal nor district attorney of the United States shall, by reason of the discharge of the duties of his office, now or hereafter required of him by law, or in any case in which the United States will be bound by the judgment which may be rendered in the same, be allowed to retain out of the fees, charges, and emoluments therefor, whether prescribed by statute or allowed by a court or any judge thereof, a greater maximum compensation than that fixed by the act aforesaid; but all such fees and emoluments, of every name and character, shall be included in the semi-annual returns required of marshals and attorneys by the third section of the act Proviso.aforesaid: *Provided*, That nothing in this act contained shall apply to the provisions of sections eleven and twelve of the “Act to prevent and 1863, ch. 76, §§ 11, 12.Vol. xii. p. 741.punish frauds upon the revenue, approved March third, eighteen hundred and sixty-three.
” Sec. 3. *And be it further enacted*, That, at the commencement of Plaintiff to deposit fees with clerk.every suit in the supreme court of the District of Columbia, the plaintiff shall deposit at least eight dollars with the clerk, to be appropriated towards the costs of the suit; and if the plaintiff recover against the defendant a judgment with costs, and said costs do not amount to eight dollars, the overplus shall be paid back to the plaintiff by the clerk: *Provided*, Poor persons need not make deposit.That suits may be prosecuted in said court by poor persons without making the deposit herein prescribed, upon the order of the court, or of one of the justices thereof.
Sec. 4. Fees of clerk and marshal.*And be it further enacted*, That the following fees, and no other, shall be allowed to the clerk of said court, and the marshal of said district, for the services following:— In United States cases.For all services rendered by said clerk to the United States, in cases in which the said United States is a party of record, five dollars. Marriage license and certificate.For each marriage license issued by him, one dollar. For each certificate of official character, including the seal, fifty cents.
Warrants, writs, &c.For service of any warrant, attachment, summons, capias, or other writ, (except execution, venire, or a summons or subpoena for a witness,) one dollar for each person on whom such service may be made. Sec. 5. Certain existing laws not affected hereby.1864, ch. 85.*Ante*, p. 74.*And be it further enacted*, That nothing in this act shall be so construed as to repeal or modify any of the provisions of an act, entitled “An act concerning the disposition of convicts in the courts of the United States for subsisting persons confined in jails, charged with violating the laws of the United States, and for diminishing the expenses in relation thereto,” approved May twelfth, eighteen hundred and sixty-four, or of 1864, ch. 16.*Ante*, p. 12.“An act to authorize the appointment of a warden of the jail in the District of Columbia,” approved February twenty-ninth, eighteen hundred and sixty-four; but the duties of said warden, and of the marshal of the United States for said District, in regard to the said jail and the prisoners committed thereto or confined therein, shall remain the same as if this act had not been passed.
Approved, June 27, 1864.