a docket fee is allowed. a docket fee is allowed. When a motion to remand is granted, equity or admiralty," there must be a hearing of the cause upon its merits. No docket fee is allowed for a hearing upon an interlocutory application by a party to the suit. 11 When a bill is dismissed without a hearing no docket fee is allowed. When a bill is taken as confessed, there must be a hearing before the decree, and consequently the complainant is entitled to tax a docket fee.10 It has been held that no docket fee will be allowed on the dismissal of a bill for want of prosecution; nor for a reference upon a motion for an interlocutory injunction; 12 nor for a hearing upon a petition for leave to intervene; 13 nor when the complainant has the bill dismissed upon his own motion before a final hearing; " nor for a trial at which the jury disagreed.15 It has been said that "the fee is taxable whenever the trial is entered upon by the swearing of a jury in a common-law case, or by the introduction of testimony or the final opening of the argument upon a final hearing in equity or admiralty. The fee is not made by the statute to depend upon a judgment or decree, but is taxable on a trial 5 Price v. Coleman, 22 Fed. R. 694. 6 Josslyn v. Phillips, 29 Fed. R. 481. 7 Wooster v. Handy, 23 Fed. R. 49; Goodyear D. V. Co. v. Osgood, 2 B. & A. Pat. Cas. 529; Coy v. Perkins, 13 Fed. R. 111; Yale Lock Mfg. Co. v. Colvin, 14 Fed. R. 269. Contra, Goodyear v. Sawyer, 17 Fed. R. 2. 8 Doughty v. West B. & C. Mfg. Co., 8 Blatchf. 107; Central Tr. Co. v. Wabash, St. L. & P. R. Co., 32 Fed. R. 684. 9 Wooster v. Handy, 23 Fed. R. 49; Goodyear D. V. Co. v. Osgood, 2 B. & A. Pat. Cas. 529; Coy v. Perkins, 13 Fed. R. 111; Yale L. Mfg. Co. v. Colvin, 14 Fed. R. 269. Contra, Goodyear v. Sawyer, 17 Fed. R. 2. 10 Andrews v. Cole, 20 Fed. R. 410. 11 Wooster v. Handy, 23 Fed. R. 49; Wighton v. Brainerd, 28 Fed. R. 29. 12 Doughty v. W. B. & C. Mfg. Co., 8 Blatchf. 107. 13 Central Tr. Co. v. Wabash, St. L. & P. Ry. Co., 32 Fed. R. 684; Mo. Pac. Ry. Co. v. Texas & P. Ry. Co., 38 Fed. 14 Coy v. Perkins, 13 Fed. R. 111; Yale Lock Mfg. Co. v. Colvin, 14 Fed. R. 269; Wooster v. Handy, 23 Fed. R. 49; Cahn v. Qung Wah Lung, 28 Fed. R. 396; Ryan v. Gould, 32 Fed. R. 754; N. Y. B. & B. Co. v. N. J. C. S. & R. Co., 32 Fed. R. 755. Contra, Goodyear v. Sawyer, 17 Fed. R. 2. 15 Cleaver v. Traders' Ins. Co., 40 Fed. R. 863; Dedekam v. Vose, 3 Blatchf. 77, 153; Troy I. & N. Factory v. Corning, 7 Blatchf. 16; Strafer v. Carr, 6 Fed. R. 466; Huntress v. Town of Epsom, 15 Fed. R. 732. But see Schmieder v. Barney, 19 Blatchf. 143; s. C., 7 Fed. R. 451; Wooster v. Handy, 23 Fed. R. 49. It has been held that in such a case a district attorney may collect the docket fee from the United States. Van Hoorebeke v. U. S., 46 Fed. R. 456. sup 99 16 or final hearing. As the labor for which the docket fee is posed to be a compensation is performed on or before the trial, equitably the party ought not to lose the benefit of it by a discontinuance entered after the trial or hearing has begun." In a case where, after an interlocutory decree requiring the defendant to account, the plaintiff moved for a dismissal of his bill, he was obliged to pay the defendant a docket fee as well as other costs." Where several suits by the same plaintiffs against different defendants were submitted and tried together before referees, a docket fee in each case was allowed.18 It has been said that no docket fee should be allowed when the attorney who appeared and acted for the successful party throughout the case was not admitted to practice in the court where the case was pending, nor admitted to practice in the Supreme Court of the United States before the filing of the general replication.19 No docket fee is allowed to a party, not an attorney, who conducts his own case.20 21 The fee for taking a deposition is only allowed for a deposition taken de bene esse for use on the final hearing; " not for oral testimony in court; 22 nor, perhaps, for a deposition taken before a master or examiner; 23 nor for a deposition taken for use upon an interlocutory application, such, it was held, as an application for leave to intervene or a hearing upon the intervenor's claim," or an application for an interlocutory injunction,25 or an application to punish a person for a contempt, unless it is subsequently put in evidence at the hearing of the 26 16 The Bay City, 3 Fed. R. 47, per R. 467; Tuck v. Olds, 29 Fed. R. 883; Mr. Justice Brown. 17 Goodyear v. Sawyer, 17 Fed. R. 2. 18 Switzer v. Home Ins. Co., 46 Fed. R. 50. Mo. Pac. Ry. Co. v. Texas & P. Ry. Co., 38 Fed. R. 775. In the Second and Sixth Circuits such deposition fees are taxable. Ingham v. Pierce, 19 Goodyear D. V. Co. v. Osgood, 13 37 Fed. R. 647; Hake v. Brown, 44 Off. Gaz 325. Fed. R. 734; Ferguson v. Dent, 46 Fed. R. 88. 20 Gorse v. Parker, 36 Fed. R. 840. 21 Wooster v. Handy, 23 Fed. R. 49, 57; In re Strauss v. Meyer, 22 Fed. R. 467; Tuck v. Olds, 29 Fed. R. 883; Troy I. & N. Factory v. Corning, 7 Blatchf. 16. 24 Central T. Co. v. Wabash, St. L. & P. Ry. Co., 32 Fed. R. 684; Mo. Pac. Ry. Co. v. Texas & P. Ry. Co., 38 Fed. R. 775. 25 Simpson v. Brooks, 3 Blatchf 22 Troy L. & N. Factory v. Corning, 456. 7 Blatchf. 16. 26 Spill v. Celluloid M. Co., 28 Fed. 23 In re Strauss v. Meyer, 22 Fed. R. 870. cause upon issue joined." The authorities conflict as to whether a party can tax the costs of a deposition taken in good faith which was not offered in evidence upon the trial or hearing." When the testimony of several witnesses is taken by the same officer and returned to court under the same enclosure, the testimony of each witness is considered as a separate deposition.29 As to the taxation of the fee for taking a deposition which is admitted in evidence in several suits, the decisions are not harmonious. It seems settled that when, by stipulation, a deposition is taken once for use in several suits, in each of which it is entitled, and in each of which the witness is sworn, a deposition fee may be taxed in each suit. Where, however, a deposition taken in one suit is by stipulation read in another, the rule, except in the district of Tennessee " and perhaps in that of New Jersey," would seem to be that the fee can only be taxed in the first suit. The expenses of taking the deposition cannot be deducted from the attorney's fee. It has been held that the fee cannot be taxed in favor of a party who did not appear by an attorney at the taking of the deposition.35 The attorney's costs belong to the party, not to his attorney, and proceedings to collect them should be taken in the name of the party. In the absence of a special agreement, however, the value of the attorney's services to his client will be considered as worth at least the taxable costs.37 33 31 27 Indianapolis W. Co. v. American don, 28 Fed. R. 217; Winegar v. Cahn, S. B. Co., 65 Fed. R. 534. 29 Fed. R. 676; Carey v. Lovell Mfg. Co., 39 Fed. R. 163. 28 It was held that he can, in Sloss I. & S. Co. v. South Carolina & G. R. Co., 75 Fed. R. 106; Hunter v. International Ry. Imp. Co., 28 Fed. R. 842; Nead v. Millersburg H. W. Co., 79 Fed. R. 129. Contra, Pinson v. Atchison, T. & S. F. R. Co., 54 Fed. R. 464. 29 Broyles v. Buck, 37 Fed. R. 137. 30 Wooster v. Handy, 23 Fed. R. 49, 63; Archer v. Hartford F. Ins. Co., 31 Fed. R. 660; Green v. French, 5 N. J. L. J. 228. 31 Jerman v. Stewart, 12 Fed. R. 271; Archer v. Hartford F. Ins. Co., 31 Fed. R. 660. 32 Green v. French, 5 N. J. L. J. 228. 33 Wooster v. Handy, 23 Fed. R. 49, 58; Am. Diamond R. B. Co. v. Shel 34 Broyles v. Buck, 37 Fed. R. 137. 35 Winegar v. Cahn, 29 Fed. R. 676. 36 Broyles v. Buck, 37 Fed. R. 137. 37 Celluloid Mfg. Co. v. Chandler, 27 Fed. R. 9. The fees that district attorneys can tax against the United States are not discussed in this edition. By the act of May 28, 1896 (29 St. at L. 180, 181, 186), the compensation of all the district attorneys of the United States, except those for the Southern District of New York and the District of Columbia, is limited to salaries therein fixed. The district attorney for the Southern District of New York still receives com. § 331. Clerk's fees.-The fees of the clerk of the Supreme Court are fixed by rule as follows: "For docketing a case and filing and indorsing the transcript of the record, five dollars. For entering an appearance, twenty-five cents. For entering a continuance, twenty-five cents. For filing a motion, order, or other paper, twenty-five cents. For entering any rule, or for making or copying any record or other paper, twenty cents per folio of each one hundred words. For transferring each case to a subsequent docket and indexing the same, one dollar. For entering a judgment or decree, one dollar. For every search of the records of the court, one dollar. For a certificate and seal, two dollars. For receiving, keeping, and paying money in pursuance of any statute or order of court, two per cent. on the amount so received, kept, and paid. For an admission to the bar and certificate under seal, ten dollars. For preparing the record or a transcript thereof for the printer, indexing the same, supervising the printing, and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, fifteen cents per folio. For making a manuscript copy of the record, when required under Rule 10, twenty cents per folio, but nothing in addition for supervising the printing. For issuing a writ of error and accompanying papers, five dollars. For a mandate or other process, five dollars. For filing briefs, five dollars for each party appearing. For every copy of any opinion of the court, or any justice thereof, certified under seal, one dollar for every printed page, but not to exceed five dollars in the whole for any copy." Upon moneys paid into court the clerk is allowed a commission of one per centum. The compensation of the clerk of the Supreme Court is limited to six pensation in addition to his salary in prize cases (U. S. R. S., §§ 4646, 4647; The Anna, Blatchf. Prize Cases, 337), and also when he appears by direction of the Secretary or Solicitor of the Treasury on behalf of any officer of the revenue in any suit against such officer for any act done by him, or for the recovery of any money received by him and paid into the Treasury in the performance of his official duties (U. S. R. S., § 827); and also for services under the direction of the Secretary of the Treasury and the Commissioner of Internal Revenue in suits or proceedings to recover fines, penalties and forfeitures (U. S. R. S., § 838; Re District Attorney, 23 Fed. R. 26; U. S. v. Bashaw, 152 U. S. 436), and in other cases. § 331. Supreme Court Rule 24; 22 St. at L., ch. 443, p. 631. 2 Florida v. Anderson, 91 U. S. 667. thousand dollars a year. The balance of his fees and disbursements over and above his necessary clerk hire and incidental expenses, as certified by the Supreme Court or a justice thereof appointed by it for the purpose, must be paid into the Treasury.3 "1. In all cases the plaintiff in error or appellant, on docketing a case and filing the record, shall enter into an undertaking to the clerk, with surety to his satisfaction, for the payment of his fees, or otherwise satisfy him in that behalf. "2. The clerk shall cause an estimate to be made of the cost of printing the record, and of his fee for preparing it for the printer and supervising the printing, and shall notify to the party docketing the case the amount of the estimate. If he shall not pay it within a reasonable time, the clerk shall notify the adverse party, and he may pay it. If neither party shall pay it, and for want of such payment the record shall not have been printed when a case is reached in the regular call of the docket, after March 1, 1884, the case shall be dismissed. "3. Upon payment by either party of the amount estimated by the clerk, twenty-five copies of the record shall be printed, under his supervision, for the use of the court and of counsel. "4. In cases of appellate jurisdiction the original transcript on file shall be taken by the clerk to the printer. But the clerk shall cause copies to be made for the printer of such original papers, sent up under Rule 8, section 4, as are necessary to be printed and of the whole record in cases of original jurisdiction. "5. The clerk shall supervise the printing, and see that the printed copy is properly indexed. He shall distribute the printed copies to the justices and to the reporter, from time to time, as required, and a copy to the counsel for the respective parties. "6. If the actual cost of printing the record, together with the fee of the clerk, shall be less than the amount estimated and paid, the amount of the difference shall be refunded by the clerk to the party paying it. If the actual cost and clerk's fee shall exceed the estimate, the amount of the excess shall be paid to the clerk before the delivery of a printed copy to either party or his counsel. 322 St. at L. 603. See U. S. R. S., § 844. |