records of the court for judgments, decrees, or other instruments constituting a general lien on real estate, and certifying the result of such search, fifteen cents for each person against whom such search is required to be made." As the statutes do not expressly provide for compensation to the clerk for searching for petitions in bankruptcy, it has been held that a reasonable compensation for such service is fifteen cents for each name against which search is made.38 The clerk of the Circuit Court, instead of certifying the result of a search for liens on the original requisition delivered to him, may, and perhaps should, file such requisition, and give the certificate of the result of the search on another paper. A charge of ten cents for filing such paper is proper," and so also is a charge of fifteen cents for each person against whom a search is required to be made, as compensation for making the search, and for the act of signing the certificate and certifying the result.40 A compensation of fifteen cents per folio for making the certificate is proper; but not a charge for affixing the seal of the court to such certificate, unless required." "For receiving, keeping, and paying out money, in pursuance of any statute or order of court, one per centum on the amount so received, kept, and paid." For traveling from the office of clerk where he is required to reside to the place of holding any court required by law to be held, five cents a mile for going, and five cents a mile for returning, and five dollars a day for his attendance on the court while actually in session." 43 37 U. S. R. S., § 828; In re Wood- 38 Matter of Vermeule, 10 Ben. 1. 43 U. S. R. S., § 828. But see 24 St. 41 Ex parte Woodbury, 7 Fed. R. 705; U. S. v. Van Duzee, 140 U. S. 169. 42 U. S. R. S., § 828. In California two per centum. U. S. R. S., § 840; U. S. v. Walters, 51 Fed. R. 896. It has been held that these commissions, when due out of a fund in the hands of a public officer, must be paid in the first instance into the treasury. U. S. v. Wolters, 51 Fed. R. 896. Contra, U. S. v. Cigars, 2 Pleasants v. U. S., 35 Fed. R. 770; In bankruptcy proceedings clerks shall respectively receive as full compensation for their service to each estate a filing fee of ten dollars, except when a fee is not required from a voluntary bankrupt." "There is no law nor rule of court which causes an officer to lose his fees by not requiring payment in advance." 45 Consequently it has been held that the taxable costs earned by clerks, marshals and commissioners are their individual property, not that of the parties to the cause; and that the parties cannot by an agreement as to set-off, or otherwise, deprive the clerk or other creditors of any lien or right to collect their paid fees.46 All books in the offices of the clerks of the Circuit and District Courts containing the docket or minute of the judgments, or decrees thereof, must during office hours be open to the in Fed. R. 494. This charge has been held to include money collected by the marshal on executions. Fagan v. Cullen, 28 Fed. R. 843. Where an assignee in bankruptcy files a bill in the Circuit Court to settle conflicting claims to the proceeds of a sale, it is not his duty to pay the proceeds into the registry of the court; and consequently the clerk is not entitled to commissions on such money. Leach v. Kay, 2 Flip. C. C. 590. It has been held that the fact that the money is subject to the decree of the court, it not being in the court's registry, is not enough to give the clerk a right to commissions. Ex parte Plitt, 2 Wall. Jr. 453. But a subsequent decision holds that money deposited in a bank, under a decree .of the court, and subject to its order, is within the meaning of chapter 20 of the acts of 1793, which provides that the clerk shall be entitled to a percentage on "all money deposited in court." Ex parte Prescott, 2 Gall. 146. The money must either actually or constructively pass through the clerk's hands. Leech v. Kay, 4 Fed. R. 72. Money received by a master in chancery in payment of property sold upon the foreclosure of a mortgage, may, in pursuance of section 995 of the Revised Statutes, be deposited with a designated depositary of the United States, and the clerk is then entitled to his commissions thereon. Thomas v. Chicago & C. S. Ry. Co., 37 Fed. R. 548. But money paid by a bidder at such a sale as security for his compliance with his bid may by order of the court be paid in a certified check on a bank, and deposited in a trust company, and then the clerk is not entitled to a commission thereon. Easton v. H. & T. C. Ry. Co., 44 Fed. R. 718. So a clerk who receives, keeps, and pays out money under a judgment is entitled to a commission of one per cent. on the amount so received, the same to be paid by the defendant as a part of the costs. Blake v. Hawkins, 19 Fed. R. 204. The court may allow the clerk extra compensation to the amount of onehalf of one per cent. for transferring a large fund from the depository of the mint to a trust company. The Advance, 60 Fed. R. 422. 44 30 St. at L. 544, 559, § 52; infra, § 492. R. 45 Aiken v. Smith (C. C. A.), 57 Fed. spection of any person desiring to examine the same, without any fees or charges therefor.47 § 332. Marshal's fees.-"The marshal of the Supreme Court of the United States shall be entitled to receive for the 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. His fees for all other services shall be the same as are herein allowed to other marshals; but he shall pay into the Treasury of the United States all fees received by him, and render a true account thereof at the close of each term to the Attorney-General." The fees of the other United States marshals, which are paid by private litigants, are fixed by statute as follows: "For service of any warrant, attachment, summons, capias, or other writ, except execution, venire, or a summons or subpœna for a witness, two dollars for each person on whom service is made." The marshal has a right to demand in advance the payment of fees for the service of process,' and may have an attachment to enforce payment against suitors in the court, or against an indorser on the writ who, by local law, is liable to respond for the costs." "For the keeping of personal property attached on mesne process, such compensation as the court, on petition setting forth the facts under oath, may allow. For holding a court of inquiry or other proceedings 47 U. S. R. S., § 828; Re McLean, 9 Cent. L. J. 425; s. c., 2 Flip. 512; s. C., Fed. Cas. 8,877. § 332. U. S. R. S., § 832. 2 U. S. R. S., § 829. 3 Ray v. Knowlton, 11 Biss. C. C. 360; Duy v. Knowlton, 14 Fed. R. 107. 4 Anonymous, 2 Gall. 101. 5 Ibid. 6 U. S. R. S., § 829. The marshal's fees for the custody of goods in cases of seizure, and other proceedings in rem, are not discretionary, but are dependent upon the precise regulations of law, or, in the absence of such regulations, are to be allowed upon the principle of a quantum meruit, graduated by the ordinary value of similar services, and dependent upon the circumstances of each particular case. Where such fees are not regulated by law, an auditor should pass upon them. Bottomley v. U. S., 1 Story (Mass.), 135, 153. The marshal is entitled to be paid his fees at the time he delivers up the property to the person entitled to receive it. The Georgeanna, 31 Fed. R. 405. The court will not allow pay for extra men employed by the marshal to prevent the collector of customs from taking by force property from his custody. The Perseverance, 22 Fed. R. 462. before a jury, including the summoning of a jury, five dollars." For serving a writ of subpoena on a witness, fifty cents; and no further compensation shall be allowed for any copy, summons, or notice for a witness. For serving a writ of possession, partition, execution, or any final process, the same mileage as is allowed for the service of any other writ; and for making the service, seizing or levying on property, advertising and disposing of the same by sale, set-off, or otherwise according to law, receiving and paying over the money, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the States, respectively, in which the service is rendered. For each bail-bond, fifty cents.10 For 7U. S. R. S., § 829. 8 U. S. R. S., § 829. 9 U. S. R. S., § 829; Pomeroy v. Harter, 1 McLean (Ind.), 448. Where a marshal who levied the execution has received his half commissions, his successor will be entitled to no more than his half commissions for collecting and paying it over. 15 Op. Atty. Gen. 346. The marshal is not entitled to fees where no property is sold nor any money received under an execution. Irwin v. Cummins, Hempst. 703. Otherwise where money is paid, though no sale is necessary. Pomeroy v. Harter, 1 McLean (Ind.), 448. The marshal cannot charge interest on his fees, although he may on his disbursemants. Re Donahue, 8 Bankr. Reg. 453. If the State court compensates services similar to those performed by a marshal, although not performed there by a like officer, the marshal is entitled to the same compensation. Pomeroy v. Harter, 1 McLean (Ind.), 448; The Trial, 1 Blatchf. & H. 94. When an execution against the person was issued in the county of New York, the defendant held under arrest for some time, and the action subsequently settled by a compromise, the defendants paying a smaller sum than that specified in the execution, it was held that the marshal was entitled to poundage on the whole amount for which the execution issued; and that the rate of poundage should be that allowed the sheriffs in the different counties throughout the State, and not the special rate allowed in the county of New York. U. S. v. Haas, 5 Fed. R. 29. In the Southern District of New York, where an execution was stayed and set aside for a defect appearing upon its face, it was held that the marshal who had made a levy was entitled to his fees, but to no poundage. Amato v. Jacobus (C. C. A.), 58 Fed. R. 855. When the marshal extends an execution on real estate for the government he is entitled to his fees for the same, though the land is not yet sold or redeemed, nor in any way converted into money. U. S. v. Smith, 44 Fed. R. 405. The fees for services of a deputy marshal belong legally to the marshal, and he controls them, and his receipt must operate as a discharge of the fees. Wintermute v. Smith, 1 Bond, 210. No fee is allowed for service of a writ or warrant unless actually executed. Ex parte Paris, 3 W. & M. 227. Mileage 10 U. S. R. S., § 829. 13 summoning appraisers, fifty cents each." For executing a deed by a party or his attorney, one dollar. For drawing and executing a deed, five dollars." The marshal cannot object to the purchaser drawing his own deed if he choose.14 "For copies of writs or papers furnished at the request of any party, ten cents a folio.15 For every proclamation in admiralty, thirty cents.16 For serving an attachment in rem or a libel in admiralty, two dollars." " Where process in rem is issued against a vessel, but before process is served the claimant, waiving service, gives a bond under section 941 of the Revised Statutes, and the case proceeds to final decree, no actual seizure having been made by the marshal, he is still entitled to his fees on the settlement of the case.18 It is not necessary that there should be a sale in order to entitle him to his fees.19 "For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents a day." 20 On delivering up the property the marshal may demand his fees of the person entitled to recover it." He must take actual possession of the vessel, or he is not entitled to fees." He may take such possession as to render him liable to the parties, and yet not be entitled to fees.23 The marshal's actual expenses for shipkeeping must, by vouchers, etc., be established to be necessary to the satisfaction of the court. The approval by the dis Lewis, 3 Cranch, C. C. 367; Swann v. 14 The John E. Mulford, 18 Fed. R. 455. is to be computed from the place 15 U. S. R. S., § 829. 18 The City of Washington, 13 Blatchf. 410. 19 The Captain John, 41 Fed. R. 147. 21 The Georgeanna, 31 Fed. R. 405. 24 The Free Trader, 1 Brown, Adm. |