Page:Federal Reporter, 1st Series, Volume 10.djvu/840

828 FEDERAL REPORTER. �Cavendbr V. Cavender.' �{Circuit Court, E. D. Missouri. iTeljruary 2', 1882.1 �1 CosTs— Clerk'8 Fees. �The clerk may collect his costs as they accrue, irrespective of the final resuit. �2. Bame. �A transcript of a record on appeal, or writ of error, is only a wpy, aud the clerk can charge therefor only 10 cents per folio. �3. SaME — EXPEIJSBS. �For binding or express charges the clerk may charge the reasonaile, aciunl cost to him. �4. Samb. �The clerk cannot tax costa for drawing a bond and its approvai wuen it was drawn by counsel and approved by the court. �5. SAME — FOMO, WHAT. ' �An original entry, distinct from all othera, thongli ,oss than a folio, flOO words,) is to be charged as a full folio. Appellant must pay costs incident to his appeal. �Motion to retax clerk's costs for a transcript, on appeal to the supreme court. The clerk had eollected 15 cents per folio for a transcript, and a like rate for an appeal bond drawn by the attor- neys, and also a fee for approval of the bond in open court by the judges. �Lucien Enton, for the motion. �M. M. Price, clerk, pro se. ' �Tkeat, D. J. The clerk has a right to demand payment of his costs as they are earned, without waiting for the final determination of the suit on appeal or otherwise. This, as has been repeatedly decided in this circuit, rests on the controlling fact that he mnst answer to the United States for fees earned, as if eollected ; and, con- sequently, if he chooses to give credit therefor, he is none the less answerable than if the cash were received. Hence he has a legal right to exact payment for work done as it progresses, aud is not bound to forward or deliver the results of his work until they are paid for. �1. Has the clerk the right to charge 15 cents per folio for tran- scripts of a record, or only 10 cents per folio? The only provision of the United States Statutes under which this class of clerical work falls is in these words : "For a copy of any entry or record, or of any paper on file, for each folio, 10 cents." There are other provisions as to the original entries for which 15 cents per folio are chargeable. Eev. St. § 828. ��� �