Marshal to cuftody of paid cer tain expen ceive and &c. Attornies of the United States for the district, fuch fees in each state respectively as are allowed in the fupreme courts of the fame, and also the like compenfation for travelling as is above allowed to the clerk of the district and circuit courts. Sec. 4. And be it further enacted, That the have the marshal fhall have the custody of all vessels veffels feiz- and goods feized by any officer of the revenue, ed, and be and fhall be allowed fuch compenfation therefor as the court may judge reafonable: And fes of fuel, there fhall be paid to the marshal the amount &c. and re of the expenfe for fuel, candles, and other pay the fees reafonable contingencies that may accrue in of jurors, holding the courts within his district, and providing the books neceffary to record the proceedings thereof: and fuch amount, as alfo the compenfations aforefaid to the grand and petit jurors: To the witneffes fummoned on the part of the United States, to the clerk of the fupreme court for his attendance; to the clerks of the diftrict and circuit courts for their travelling and attendance; to the attorney of the district for travelling to court; to to the marfhal for his attendance at court; for fummoning grand and petit jurors and witneffes in behalf of any prifoner to be tried for a capital offence; for the maintenance of prifoners confined in gaol for any criminal of fence, and for the commitment or discharge of fuch prifoner; and alfo the legal fees of the clerk, attorney and marfhal, in criminal profecutions, fhall be included in the account of the marfhal; and the fame having been examined and certified by the court or one of the judges of it in which the fervice fhall have been rendered, fhall be paffed in the usual manner at and the amount thereof paid out of the treafury of the United States, to the marshal, and by him fhall be paid over to the perfons entitled to the fame, and the marshal fhall be allowed two and an half per cent on his allow the amount by him fo paid over, to be charged in his future account. ance there cofts incur fecutions Sec. 5. And be it further enacted, That in Rules for every prosecution for any fine or forfeiture payment of incurred under any ftatutes of the United red by proStates, if judgment is rendered against the de- for fince, fendant, he fhall be fubject to the payment of &c. cofts and on every conviction for any other offence not capital, the court may in their difcretion award that the defendant fhall pay the cofts of profecution and if any informer or plaintiff on a penal ftatute, to whofe benefit the penalty or any part thereof if recovered, is directed by law to accrue, fhall discontinue his fuit or profecution, or fhall be nonfuit in the fame, or if upon trial a verdict fhall pafs for the defendant, the court fhall award to the defendant his cofts, unless fuch informer or plaintiff be an officer of the United States fpecially authorized to commence fuch profecution, and the court before whom the action or information fhall be tried, fhall at the trial in open court, certify upon record, that there was reasonable caufe for commencing the fame, in which cafe no cofts fhall be adjudged to the defendant. recovered, Sec. 6. And be it further enacted, That the Fees herein fees and compenfations to the feveral officers how to be and perfons herein before mentioned, other than those which are above directed to be paid out of the treafury of the United States, fhall be recovered in like manner as the fees of the officers of the ftates refpectively for like fervi ces are recovered. Penalty on Sec. 7. And be it further enacted, That if any demanding unlawful officer herein before mentioned, or his depufees. ty, fhall by reafon or colour of his office, wilfully and corruptly demand and receive any greater fees than thofe allowed by this act, he fhall on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding fix months, at the difcretion of the court before whom the conviction fhall be, Certain ed. Sec. 8. And be it further enacted, That the acts repeal act paffed at the laft feffion of Congrefs, intitled, "An act to continue in force for a limited time, an act paffed at the first feffion of Congrefs, intitled, "An act to regulate pro Clerk of tranfmit to clerks of circuit form of a writ of erfor. ceffes in the courts of the United States;" and also another act paffed at the laft feffion of Congrefs, intitled, " An act providing compenfations for the officers of the judicial courts of the United States, and for jurors and witneffes, and for other purposes," be, and the fame are hereby repealed. Sec. 9. And be it further enacted, That it fupreme, to fhall be the duty of the clerk of the Supreme Court of the United States, forthwith to tranfcourts the mit to the clerks of the feveral circuit courts, the form of a writ of error, to be approved by any two of the Judges of the Supreme Court, and it shall be lawful for the clerks of the faid circuit courts to iffue writs of error agreeably to fuch forms, as nearly as the cafe may admit, under the feal of the faid circuit courts, returnable to the Supreme Court, in the fame manner as the clerk of the Supreme Court may iffue fuch writs, in pursuance of the act, intitled, "An act to establish the judicial courts of the United States," clerks may Sec. 10. And be it further enacted, That it When fhall and may be lawful for the clerks of the take recog district and circuit courts, in the abfence, or in nizances da bene effe, cafe of the difability of the judges, to take recognizances of fpecial bail, de bene effe, in any action depending in either of the faid courts, and alfo the affidavits of all furveyors relative and affida-. to their reports, and to adminifter oaths to all vits of furperfons identifying papers found on board of veffels or elsewhere, to be used on trials in admiralty caufes, veyors, &c. judges act as counfel for a party. cafe. Sec. 11. And be it further enacted, That Where in all fuits and actions in any district court of the United States, in which it fhall appear that the judge of fuch court is, any ways, concerned in intereft, or has been of counfel for either party, it fhall be the duty of fuch judge on application of either party, to caufe the fact their duty to be entered on the minutes of the court, and in fuch alfo to order an authenticated copy thereof, with all the proceedings in fuch fuit or action, to be forthwith certified to the next circuit court of the diftrict, which circuit court fhall, thereupon, take cognizance thereof, in the like manner, as if it had been originally commenced in that court, and fhall proceed to hear and determine the fame accordingly. appeals to clerk of Sec. 12. And be it further enacted, That Records of all the records and proceedings of the court court of of appeals heretofore appointed, previous to be depo the adoption of the prefent conftitution, fhall red with be depofited in the office of the clerk of the fupreme fupreme court of the United States, who is court. hereby authorized and directed to give copies of all fuch records and proceedings, to any perfon requiring and paying for the fame, in like manner, as copies of the records and other proceedings of the faid court are by law ant in the war de directed to be given: which copies shall have like faith and credit, as all other proceedings of the faid court. JONATHAN TRUMBULL, Speaker of the House of Representatives. RICHARD HENRY LEE, Prefident pre tempore of the Senate. APPROVED, May eighth, 1792: GEORGE WASHINGTON, Prefident of the United States. CHAPTER XXX VII. An Act making Alterations in the Treafury and Section 1. B E it enacted by the Senate and House of Reprefentatives of the United States of America, in Congress affembled, Account That there be an accountant to the department of war, who fhall be charged with the partment, fettlement of all accounts relative to the pay his duty. of the army, the fubfiftence of officers, bounties to foldiers, the expenfes of the recruiting fervice, the incidental and contingent expenfes of the department; and who fhall report from time to time, all fuch fettlements as fhall have been made by him, for the infpection and revifion of the accounting officers of the treasury; and the faid accountant fhall alfo be charg ed with the fettlement of all claims for perfonal fervice authorized by the act of this Congrefs of the twenty-feventh of March last, and of all military claims lodged in the late office of the paymaster general and commiffioner of |