LFORTY-THIRD CONGRESS. Sess. II. — OH. 95. 1875. 333 CHAP. 95.-Au act regulating fees and costs and for other purposes. Feb. 22, 1875. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, “That before any bill of costs Accounts fmshall be taxed by any judge or other officer, or any account payable c0sts,&c.,0i;c1erl<s, out of the money of the United States shall be allowed by any officer of m““l‘“l”» dmrlct the Treasury, in favor of clerks, marshals, or district attorneys, the party ;:'§,I£g{$g?°13,E;’Tg claiming such account shall render the same, with the vouchers and bg proven {mq pmitems thereof, to a United States circuit or district court, and, in pres- sented be12>rc‘au;- ence of the district attorney or his sworn assistant, whose presence shall mg °' *U°‘“¤¤· be noted on the record, prove in open court, to the satisfaction of the court, by his own oath or that of other persons having knowledge of the facts, to be attached to such account, that the services therein charged have been actually and necessarily performed as therein stated ; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to he entered of record an order approving or disapproving the account, as may be according to law, and just. United States commissioners shall forward their accounts, duly verified by oath, to thedistrict attorneys of their respective districts, by whom they shall be submitted for approval in open court, and the court shall pass upon the same in the manner aforesaid. Accounts and vouchers A<>¤<>¤¤¢¤ MMI of clerks, marshals, and district attorneys shall be made in duplicate, to ·"°‘;_‘5lf,"‘ *° b° fb" be marked respectively “ original " and “ duplicate ". And it shall be w° ° ‘ the duty of the clerk to forward the original accounts and vouchers of the officers above specitied, when approved, to the proper accounting officers of the Treasury, and to retain in his office the duplicates, where they shall be open to public inspection at all times. Nothing contained in this act shall be deemed in any wise to diminish or affect the right of _ _ revision of the accounts to which this act applies by the accounting otli- R°"‘°’°“ °f “°‘ cers of the Treasury, as exercised under the laws now in force." °°°"°°' Sec. 2. That whenever the business of the courts in any judicial dis- Clerk and martrict shall make it necessary, in the opinionpof the Attorney General, eheli w1¤¤¤¤<> L5¤*`<* for the clerk or marshal to furnish greater security than the official bond ‘“°“’“°‘1 b°"d‘ now required by law, a bond in a sum not to exceed forty thousand dollars shall be given when required by the Attorney General, who shall fix the amount thereof Sec. 3. That the clerks of the Supreme Court and the circuit and dis— Bonds of clerks trict courts, respectively, shall each, before he enters upon the execution or styrene court, of his oince, sive bond, with sufficient sureties, to be approved by the ml 9i ¤¤·glj¤¤ ¤·¤<l court for whic he is appointed, to the United States, in the sum of not d‘”"‘°‘ °°“°°· less than five, and not morethan twenty thousand dollars, to be determined and regulated by the Attorney—General of the United States, faithfully to discharge the duties of his oince, and seasonably to record the decrees, judgments, and determinations of the court of which he is clerk; and it shall be the duty of the district attorneys of the United States, upon pusy of district requirement by the Attorney General, to give thirty days notice of me- attorneys as to. tion in their several courts that new bonds, in accordance with the terms of this act, are required to be executed; and upon failure of any clerk to execute such new bonds, his office shall be deemed vacant._ The Attorney General may at any time, upon like notice through the district attorney, require a bond of increased amount, in his discretion, from any of said clerks within the limit of the amount above specified; and the failure of the clerk to execute the same shall in like manner vacate his office. All bonds given by the clerks shall, after approval, be recorded in their respective offices, and copies thereof from the records, certified by the clerks respectively, under seal of court, shall be competent evidence in any court. The original bonds shall be filed in the Department of Justice. _ Sec. 4. That the circuit courts of the United States, for the purposes _M¤pd umtnts by 0f this act, shall have power to award the writ of mandamus, according Eggzlzggguf ° ° ‘ to the course of the common law, upon motion of the Attorney-General ' or the district attorney of the United States, to any officer thereof, to
Page:United States Statutes at Large Volume 18 Part 3.djvu/363
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