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I. Act To Eegulate Fees And Costs, &c.
II. EtTLES OP THE SUPREME COURT.
III. Eules Op Practice In Equity.
Iv. Ettles Op The Circuit Court Op The Northern District Op New York.
V. Ettles Of The District Court Op The Northern District Op New York.
VI. Practical Forms:
I. In Surra At Common Law.
An Act To Regulate The Fees And Costs To Be-allowed Clerks, Marshals And Attorneys Op The Circuit And District Courts Op The United States, And For
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of tho compensation now allowed by law to attorneys,, solicitors and proctors in the United States courts, to United States district attorneys, clerks of the district and circuit courts, marshals, witnesses, jurors, commissioners and printers, in the several states, the following and no other compensation shall be taxed and allowed. But this act shall not be construed to prohibit attorneys, solicitors and proctors from charging to and receiving from their clients, other than the government, such reasonable compensation for their services, in addition to the taxable costs, as may be in accordance with general usage in their respective states, or may be agreed upon between the parties.
lees of Attorneys, Solicitors and Proctors.] In a trial before a jury, in civil and criminal causes, or before referees, or on a final hearing in equity or admiralty, a docket fee of twenty dollars: Provided, That in cases in admiralty and maritime jurisdiction, where the libellaht shall recover less than fifty dollars, the docket fee of his proctor shall be but ten dollars.
In cases at law, where judgment is rendered without a jury, ten dollars, and five dollars where a cause is discontinued.
For scire facias and other proceedings on recognizances, five dollars.
For each deposition taken and admitted as evidence in the cause, two dollars and fifty cents.
A compensation of five dollars shall be allowed for the services rendered in cases removed from a district to a circuit court by writ of error or appeal.
For examination by a district attorney, before a judge or commissioner, of a person or persons charged with crime, five dollars per day for the time necessarily employed.
For each day of his necessary attendance in a court of the United States, on business of the United States, when the same shall be held at the place of his abode, five dollars, and the like sum for his attendance for each day of the term when the said court shall be held elsewhere.
For traveling from the place of his abode to the place of holding any court qi the United States in his district, and to the place of any examination before a judge or commissioner, of a person or persons charged with crime, ten cents per mile for going and ten cents for returning.
When an indictment for crime shall be tried before a jury, and a conviction is had, in addition to the attorney,s fees allowed by this act, the district attorney may be allowed a counsel fee in proportion to the importance and difficulty of the cause, not exceeding thirty dollars.
In every case where a district attorney has, during the last six years, prosecuted or defended a suit in which the United States was concerned, in a district where the law allows no taxable attorney,s fees, and for which he has received no compensation, except his per diem and annual salary, he shall be paid for his services according to the provisions of this act.
For the services of counsel, rendered at the request of the head of a department, such sum as may be stipulated or agreed on.
Whenever there are or shall be several charges against any person or persons for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses which may be properly joined, instead of having several indictments, the whole may be joined in one indictment in separate counts; and if two or more indictments shall be found in such cases, the court may order them consolidated.
Whenever two or more things belonging to the same person or persons are or shall be seized for an alleged violation of the revenue laws, the whole shall be included in one suit; and if not so included, and separate actions are prosecuted, the court may consolidate them.
Whenever two or more indictments, suits or proceedings, are or shall be prosecuted, which should be joined, the district attorney prosecuting them shall be paid but one bill of costs for all of them; and if any attorney, proctor or other person admitted to manage or conduct causes in any court of the United States, or of the territories thereof, shall appear to have multiplied the proceedings in any cause before such court, so as to increase costs unreasonably and vexatiously, such person may be required, by order of the court, to satisfy any excess of costs so increased.
Whenever two or more charges are or shall be made, or two or more indictments shall be found against a person, only one writ or warrant shall be necessary to arrest and commit him for trial; and it shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in very general terms. Only one writ or warrant shall be necessary to remove a prisoner from one> district to another; a copy of which may be delivered to the sheriff or jailor from whose custody the prisoner may be taken, and another copy thereof to the sheriff or jailor to whose custody he may be committed, and the original writ, with the marshal,s return thereon, shall be returned to the clerk of the district to which he may be removed. Whenever a prisoner is committed to a sheriff or jailor by virtue of a writ, warrant or mittimus, a copy thereof shall be delivered to the sheriff or jailor as his authority to hold the prisoner, and the original writ, warrant, or mittimus, shall be returned to the proper court or officer with the officer,s return thereon.
Clerk,s fees.] For issuing and entering every process, commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire, summons, or subpoena for a witness, one dollar.
For filing and entering every declaration, plea, or other paper, ten cents.
For administering every oath or affirmation to a witness, or other person, except a juror, ten cents.
For entering any return, rule, order, continuance, judgment, decree or recognizance, drawing any bond, or making any record, certificate, return or report, for each folio fifteen cents; and for a copy of any such entry or record, or of any paper on file, not exceeding one folio, ten cents; and for each additional folio, ten cents.
For making dockets and indexes, and for all other services on the trial or argument of a cause, where issue is joined and testimony given, including venire and taxing costs, three dollars.
For making dockets and indexes, and for all other services in a cause where issue is joined and no testimony given, including taxing costs, two dollars.
For making dockets and indexes, and for taxing costs and other services, in a cause which is dismissed, discontinued, or a judgment or decree is made or rendered therein without issue, one dollar.