Chapter 204. To provide fees to be charged by clerks of the district courts of the United States February 11, 1925.[[H
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CHAP. 204.— An Act To provide fees to be charged by clerks of the district courts of the United States February 11, 1925.[[H. R. 5420](/us/bill/68/hr/5420).][[Public, No. 393](/us/pl/68/393).] *Be it enacted by the. Senate and House of Representatives of the United States of America in Congress assembled, * That the fees United States courts.Fees to be collected by clerks of district courts.hereinafter provided for, and no other, shall be charged and collected by clerks of the district courts of the United States for services performed by them or *Provisos.*Inconsistent laws repealed.Acts not affected.their assistants: *Provided*, That all laws or parts of laws inconsistent or repugnant to the provisions of this Act are hereby repealed: but nothing in this Act shall repeal or in any Poor suitors, etc.way enlarge or modify the provisions of the Act of July 20, 1892 Vol. 27, p. 252.(Twenty-seventh United States Statutes at Large, page 252), Vol. 36, p. 866.as amended by the Act of June 25, 1910, (Thirty-sixth United States Vol. 42, p. 666.Statutes at Large, page 866), and the Act of June 27, 1922 (Forty-second United States Statutes at Large, page 666): *Provided further*, Not required from United States.That the United States shall not be required to pay any sum or fee herein provided for.
Sec. 2. Upon the institution of any suit or proceeding, whether Rates.Upon institution of suit, etc.by original process, removal, indictment, information or otherwise, there shall be paid by the party or parties so instituting such suit or proceeding, as fees of the clerk for all services to be performed by him in such case or proceeding, except as hereinafter provided, the sum of $5. Sec. 3. Upon the filing of any answer or paper joining issue, orFiling answers, etc. the entering of an order for trial, there shall be charged and collected by the clerk, from the party or parties filing any such answer or paper, for services performed and to be performed by said clerk in said case or proceeding, the further sum of $5: *Provided*, That after *Provisos*.Other parties separately appearing.one fee, as hereinbefore provided in this section, has been paid by any defendant, cross-petitioner, intervenor, or party, other defend-ants, cross-petitioners, intervenors, or parties, separately appearing or filing any answer or paper in said suit or proceeding, shall pay a further fee of $2, for each answer or paper so filed: *And provided Criminal cases entering plea of not guilty.further*, That in any criminal case, upon the entering of a plea of not guilty by any defendant, there shall be charged and taxed in the costs of said case, a fee of $5 for each defendant entering such plea, but the clerk shall not be required to account for any such fee not collected by him.
Sec. 4. Upon the entry of any judgment, decree, or final order Entry of judgment.of the court in any suit or proceeding there shall be charged and collected by the clerk, from the prevailing party or parties, as an additional fee for services performed and to be performed in said suit or proceeding, the further sum of $5: *Provided*, *however*, That *Proviso*.Criminal cases.in any criminal case the clerk shall not be required to account for any such fee not collected by him. Sec. 5.
Upon the filing of any petition for appeal or writ of Petitions for appeal or writ of error.error to any Circuit Court of Appeals or the Supreme Court of the United States there shall be charged and collected by the clerk, from the party or parties prosecuting such appeal or writ of error, an additional fee in said suit or proceeding of $5. Sec. 6. Upon the filing of any petition or application for a writ Habeas corpus, or deportation order appeal.of habeas corpus, or appeal from a deportation order of a United States commissioner, there shall be charged and collected by the clerk, from the petitioner or applicant, as full payment for all services performed or to be performed by him in said proceeding, *Proviso*.Additional if appeal prosecuted.the sum of $5: *Provided*, That if an appeal is prosecuted from the order of the district court in said proceeding, then and in that event the additional sum of $5. as provided in section 4 of this Act, shall be charged and collected by the clerk.
Sec. 7. For each additional trial or final hearing, upon a reversal Additional trial upon reversal, disagreement of jury, etc.by a Circuit Court of Appeals or the Supreme Court of the United 858States, or following a disagreement by a jury or the granting of a new trial or rehearing by the court, there shall be charged and collected by the clerk, from the party or parties securing such reversal, new trial, or rehearing, or from the plaintiff or plaintiffs *Provisos*.Criminal cases.in the event of a disagreement, the further sum of $5: *Provided, however*, That the clerk shall not be required to account for any such fee not collected by him in any criminal case: *Provided Collection when services rendered, taxed as costs.further*, That nothing herein contained shall prohibit the court from directing by rule or standing order, the collection at the time the services are rendered of the fees herein enumerated, from either party, but all such fees shall be taxed as costs in the respective cases.
Sec. 8. Miscellaneous services. That in addition to the fees for services rendered in cases, hereinbefore enumerated, the clerk shall charge and collect, for miscellaneous services performed by him, and his assistants, except when on behalf of the United States, the following fees: 1. Issuing writ, etc., in cases not before the court. For issuing any writ or a subpoena for a witness, not in a case instituted or pending in the court from which it is issued, and filing and entering the return of the marshal thereon, 50 cents. 2.
Filing, etc., paper, not in pending case. For filing and indexing any paper, not in a case or proceeding, 25 cents. 3. Administering oath, etc. For administering an oath or affirmation, not in a case or proceeding pending in the court where the oath is administered, 10 cents. 4. Acknowledgments, etc. For an acknowledgment, certificate, affidavit or counter-signature, with seal, 50 cents. 5. Depositions. For taking and certifying depositions to file, 20 cents for each folio of one hundred words, and if taken stenographically, 15 cents per folio additional, for the stenographer. 6.
Copy of record, etc. For a copy of any record, entry, or other paper, and the comparison thereof, 15 cents for each folio of one hundred words. 7. Searching bankrupcty records, etc. For filing praecipe or requisition and searching the records of the court for judgments, decrees, or other instruments or suits pending, or bankruptcy proceedings, including the certifying of the results of such search, 60 cents for the first name and 25 cents for each additional name embraced in the certificate. 8.
Money in custody of court. For receiving, keeping, and paying out mopey in pursuance of any statute or order of court, including cash bail or bonds or securities authorized by law to be deposited in lieu of other security, 1 per centum of the amount so received, kept and paid out, or of the face value of such bonds or securities. 9. Recording surety bonds. For keeping a record of surety companies and bonds thereof, 15 cents for each folio of one hundred words. 10. Bankruptcy notices.
For preparation and mailing notices in bankruptcy, 10 cents *Provisos*.All services included.each for the first twenty notices and 5 cents for each additional notice: *Provided*, That this fee shall cover and include all services Not included in any other fee.and expenses in connection therewith:*And provided further*, That such fee shall not be deemed to be included in any other fee for services in bankruptcy proceedings. 11. Transcript of record on appeal or writ of error. For making and comparing a transcript of record on appeal or writ of error when required or requested, 15 cents for each folio of one hundred words. 12.
Comparing transcripts, etc., with originals. For comparing any transcript, copy of record, or other paper not made by the clerk with the original thereof, 5 cents for each folio of one hundred words. 13. Final records. For making a final record in any case at the request of either party or upon order of court in a particular case, 15 cents for each *Proviso*.folio of one hundred words: *Provided, however*, That when any Taxed as costs if on order of court.such final record is made upon order of court the fees therefor shall be taxed in the costs of the case. 859 14.
For admission of attorneys to practice, $1 each; for certificate Admissions to practice.of admission to be furnished upon request, $2 additional. 15. For making any record not in a case and not provided for in Records, etc., not herein provided for.this Act, 15 cents for each folio of one hundred words. Sec. 9. That this Act shall become and be in force and effect on Effective July 1, 1925.and after July 1, 1925. Approved, February 11, 1925.