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formed and to be performed in such suit or proceeding, the sum of $5.00. In any criminal case the Clerk shall not be required to account for any such fee not collected by him.

from the appellant or appellants, the sum of $15.00.

10. In addition to the fees for services rendered in cases hereinbefore enumerated, the Clerk shall collect for miscellaneous services performed by him and his assistants, except when on behalf of the United States, the following fees:

4. Upon the filing of any petition for appeal to any Circuit Court of Appeals or the Supreme Court of the United States, the Clerk shall collect from the party or parties prosecuting such appeal, as an additional fee in such suit or pro-pending in the Court, and filing and enceeding, the sum of $5.00. tering the return of the Marshal thereon, 50¢.

5. Upon the filing of any petition or application for a writ of habeas corpus the Clerk shall collect from the petitioner or applicant as full payment for all services performed or to be performed by him in such proceeding, the sum of $5.00. If an appeal is prosecuted from the order of the Court in such proceeding, the Clerk shall collect an additional sum of $5.00, as provided in paragraph 4 hereof.

6. For each additional trial or final hearing, upon a reversal by a Circuit Court of Appeals or the Supreme Court of the United States, or the granting of a new trial or rehearing by the Court, the Clerk shall collect from the party or parties securing such reversal, new trial, or rehearing, the sum of $5.00. The Clerk shall not be required to account for any such fee not collected by him in any criminal case.

(a) For issuing any writ or subpoena for a witness not in a case instituted or

(b) For filing and indexing any paper not in a case or proceeding, 25¢.

(c) For administering an oath or affirmation not in a case or proceeding pending in the Court, 10¢.

(d) For an acknowledgment, certificate, affidavit, or counter-signature with seal, 50¢.

(e) For taking depositions, or executor letters rogatory, ing commissions where the record of testimony including caption and certificate does not exceed 500 words, $10.00, and for each additional 100 words or fraction thereof, 50¢. Such fees shall cover the administration of oaths and all services of the Clerk as Commissioner, but shall not include the services of stenographers, who shall receive 15¢ per folio of 100 words, and 5¢ per folio for each carbon copy.

(f) For a copy of any record, entry, or other paper, and the comparison thereof, 15¢ for each folio of 100 words.

(g) For searching the records of the Court for judgments, decrees, suits pending, or bankruptcy proceedings, including the certifying of the results of such search, 60¢ for the first name and 25¢ for each additional name embraced in the certificate.

7. In probate matters, the Clerk shall collect an inclusive fee for all services to be performed by him as follows: $10.00 in case the inventory is less than $2,500.00; $20.00 in case the inventory is more than $2,500.00 but less than $10,000.00; and $50.00 in case the inventory exceeds $10,000.00: Provided, that in case any claimant, intervenor, or other party files a caveat to the will or objection to probate, or objection to the disallowance (h) For receiving, keeping, and paying of a claim by the executor or administra-out money in pursuance of any statute or tor, or objection to the executor's or administrator's report, or any other petition, motion, or pleading of a controversial nature which requires a hearing and determination by the Court, the Clerk shall collect from the party or parties filing such caveat, etc., the sum of $5.00.

8. For performance of the marriage ceremony (by the Judge), the Clerk shall collect the sum of $10.00.

9. For the docketing of an appeal from a consular court, the Clerk shall collect

order of the Court, including cash bail, or bonds or securities authorized by law to be deposited in lieu of other security, 1% of the amount so received, kept, and paid out, or of the face value of such bonds or securities.

(i) For preparing and mailing notices in bankruptcy, 10¢ each for the first 20 notices and 5¢ for each additional notice, which fees shall cover and include all services and expenses in connection therewith, and shall not be deemed to be

included in any other fees for services in bankruptcy proceedings.

(j) For all service to each estate, a fee of $10.00 on the filing of a voluntary petition in bankruptcy.

(k) For making and comparing a transcript of record on appeal when required or requested, 15¢ for each folio of 100 words.

(1) For comparing any transcript, copy of record, or other paper not made by the Clerk, with the original thereof, 5¢ for each folio of 100 words.

(m) For admission of attorneys to practice, $10.00 each; and for certificate of admission to be furnished upon request, $5.00 additional.

(n) For making any record not in a case and not provided for above, 15¢ for each folio of 100 words.

FEES OF MARSHAL

The Marshal for the United States Court for China shall collect fees as follows:

11. For executing a deed prepared by a party or his attorney, $1.00.

12. For drawing and executing a deed, $5.00.

13. For copies of writs or papers furnished at the request of any party, 10¢ per folio of 100 words.

14. For every proclamation in admiralty, 30¢.

15. For serving an attachment in rem or a libel in admiralty, $2.00.

16. For the necessary expenses of attached or libeled in admiralty, not keeping boats, vessels, or other property exceeding $2.50 a day.

17. In admiralty cases in which the debt or claim is settled by the parties without a sale of the property, 1% on the first $500.00 of the claim or decree, and one-half of 1% on the excess of any sum over $500.00; provided, that when the value of the property is less than the claim, such fee shall be allowed only on the appraised value thereof.

18. For sale of vessels or other prop

1. For service of any warrant, attach-erty under process in admiralty or unment, summons, capias, or other writ, except execution or a subpoena for a witness, $2.00 for each person on whom service is made.

2. For returning all writs, summonses, etc., 50¢.

3. For serving a writ of subpoena on a witness, 50¢.

der the order of a court of admiralty, and for receiving and paying over the money 22% of any sum not more than $500.00 and 12% on the excess of any sum over $500.00.

The tariff of fees prescribed by this order supersedes the tariff of fees made applicable to officers of the United States Court for China by the above-mentioned act of June 30, 1906, and amended by Executive Order No. 3572 of November

4. For returning a subpoena, 25¢. 5. For levying execution, $1.00. 6. For advertising property for sale, 1, 1921. $2.00.

7. For releasing property under execution by order of plaintiff, $3.00.

8. For selling property under execution or attachment: 5% of the amount collected not in excess of $500.00; 22% of the amount collected in excess of $500.00 and not more than $5,000.00; 14% of the amount collected in excess of $5,000.00.

9. For traveling fees in serving all process where transportation is required, for each mile, 15¢.

10. For levy on property under execution which is paid and satisfied while in the hands of the Marshal, one-half the fees fixed for selling property under execution or attachment.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

March 7, 1939.

EXECUTIVE ORDER 8063

AUTHORIZING INITIAL APPOINTMENTS TO
CERTAIN EXECUTIVE POSITIONS IN THE
RAILROAD RETIREMENT BOARD WITHOUT
COMPLIANCE WITH THE CIVIL SERVICE
RULES

By virtue of and pursuant to the authority vested in me by the provisions of paragraph Eighth of subdivision SECOND of section 2 of the Civil Service Act (22 Stat. 403, 404), it is hereby ordered that, subject to the establishment before

the Civil Service Commission of the req-, Industrial Recovery Act, approved June uisite qualifications in each case, initial 16, 1933 (48 Stat. 200) and the Emerappointments to each of the following- gency Relief Appropriation Act of 1935, named executive positions in the Rail- approved April 8, 1935 (49 Stat. 115); road Retirement Board may be effected and without compliance with the competitive requirements of the Civil Service Rules:

Controller

Chief of Plans and Procedure

Director of Research

Chief Inspector

Assistant Chief Inspector

WHEREAS by Executive Order No. 7908, dated June 9, 1938, all the right, title, and interest of the United States in such lands was transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the Bankhead-Jones Farm Tenant Act,

Assistant Director, Employment and approved July 22, 1937 (50 Stat. 522,

Claims

Director of Employment Service

Regional Directors (12)

525), and the related provisions thereof; and

WHEREAS it appears that the reservation of such lands and certain inter

This order is recommended by the mingled public lands as a wildlife refuge Railroad Retirement Board.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

March 7, 1939.

EXECUTIVE ORDER 8064

would be in the public interest:

NOW, THEREFORE, by virtue of and pursuant to the authority vested in me by section 32, Title III of the said Bankhead-Jones Farm Tenant Act, and by the act of June 25, 1910, c. 421, 36 Stat. 847, as amended by the act of August 24, 1912, c. 369, 37 Stat. 497, and as President of the United States, it is ordered

DESIGNATING FAIRBANKS, ALASKA, AS A CUS-
TOMS PORT OF ENTRY, AND DISCONTINU-that the lands acquired by the United
ING SEWARD, ALASKA, AS A CUSTOMS

PORT OF ENTRY

By virtue of and pursuant to the authority vested in me by the act of August 1, 1914, 38 Stat. 609, 623 (U. S. C., title 19, sec. 2), it is ordered as follows:

1. Fairbanks, Alaska, is hereby designated as a customs port of entry in Customs Collection District No. 31 (Alaska),

with headquarters at Juneau, Alaska.

2. Seward, Alaska, is hereby discontinued as a customs port of entry in Customs Collection District No. 31 (Alaska). 3. This order shall become effective thirty days from the date hereof.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

March 9, 1939.

EXECUTIVE ORDER 8065

ESTABLISHING THE NECEDAH MIGRATORY
WATERFOWL REFUGE

WISCONSIN

WHEREAS certain lands in the State of Wisconsin have been acquired under the authority of Title II of the National

States and the intermingled public lands within the following-described area, be, and they are hereby, reserved and set apart, subject to valid existing rights, for the use of the Department of Agriculture as a refuge and breeding ground for migratory birds and other wildlife: Provided, That any private lands within the area shall become a part of the refuge upon the acquisition of title thereto or control thereof by the United States:

FOURTH PRINCIPAL MERIDIAN

T. 19 N., R. 2 E., secs. 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, and 36.

T. 20 N., R. 2 E.,

sec. 1, lots 1, 2, 7, 8, 9, 10, 15, 16, those
parts of NE SW and S2SW lying
south and east of road, and SE1⁄4;
sec. 11. those parts of SENE. and
NSE4 lying south and east of road,
and those parts of SW4 SE4 lying south
and east of road, except block 6 of
Starr's addition to Meadow Valley (being
lots 1 to 18, inclusive), and SESE;
sec. 12, NE4, E2NW, that part of
WNW4 lying south and east of road,
and S1⁄2:

sec. 13;

secs. 14 and 23, E1⁄2:

secs. 24, 25, 26, 35, and 36.

13 FR. 1389; 3 CFR, 1938 Supp., page 49.

T. 18 N., R. 3 E.,

secs. 3, 4, and 5;

sec. 6, NE4, E2NW, those parts of W2NW, NSW, SE SW, and SSE4 lying north and east of road, and N2 SE1⁄44;

sec. 7, that part of NENE1⁄4 lying north of road;

sec. 8, E2 NE, NWNE, and those parts of SW4 NE, N2NW, SE4 NW 4, and NSE4 lying north of road; sec. 9, N2, NESW, those parts of W2SW and SE SW4 lying north of road, and SE;

sec. 10;

EXECUTIVE ORDER 8067

ESTABLISHING THE CAROLINA SANDHILLS WILDLIFE REFUGE

SOUTH CAROLINA

WHEREAS certain lands in the State of South Carolina have been acquired under the authority of Title II of the National Industrial Recovery Act, approved June 16, 1933 (48 Stat. 200), and the Emergency Relief Appropriation Act

sec. 15, that part of N2 lying north of of 1935, approved April 8, 1935 (49 Stat.

road.

[blocks in formation]

It is unlawful for any person to hunt, trap, capture, wilfully disturb, or kill any bird or wild animal of any kind whatsoever within the limits of this refuge, or to enter thereon, except under such rules or regulations as may be prescribed by the Secretary of Agriculture.

Executive Order No. 6964 of February 5, 1935, as amended, withdrawing for classification and other purposes all vacant, unreserved, and unappropriated public lands in the State of Wisconsin, and certain other States, is hereby amended to exclude from its provisions the public lands in the above-described

area.

This reservation shall be known as the Necedah Migratory Waterfowl Refuge. FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

March 14, 1939.

115); and

WHEREAS by Executive Order No. 7908, dated June 9, 1938,1 all the right, title, and interest of the United States in such lands was transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525), and the related provisions thereof; and

WHEREAS it appears that the reservation of such lands as a wildlife refuge would be in the public interest:

NOW, THEREFORE, by virtue of and pursuant to the authority vested in me by section 32, Title III of the said Bankhead-Jones Farm Tenant Act, and as President of the United States, it is ordered that the lands acquired by the United States within the areas delineated on the diagram attached hereto and made a part hereof, in Chesterfield County, South Carolina, be, and they are hereby, reserved and set apart, subject to valid rights, for the use of the Department of Agriculture as a refuge and breeding ground for migratory birds and other wildlife: Provided, That any private lands within the area delineated shall become a part of the refuge hereby established upon the acquisition of title thereto or control thereof by the United States.

It is unlawful for any person to hunt, trap, capture, wilfully disturb, or kill any bird or wild animal of any kind whatsoever within the limits of the refuge, or

13 F.R. 1389; 3 CFR, 1938 Supp., page 49.

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