CHINESE PERSONS-Continued.
Bonds, fees of commissioners for taking. See COMMISSIONERS, fees.
Prisoner, expense of subsisting, pending stay of order for deportation.
Expenses incurred for the care and custody of a Chinese prisoner
after an order for his deportation has been issued, but while
an appeal from such order is pending, are properly payable
from the appropriation for the Department of Justice without
regard to the result of the appeal. 475.
The expense of subsisting a Chinese prisoner during the time
when the order for his deportation is suspended, either pend-
ing an appeal to the district court or by an order of a com-
missioner granting a stay of execution, is properly payable
from the appropriation for the Department of Justice and not
from the appropriation for the enforcement of the Chinese
exclusion laws. 265.
The expense of subsisting a Chinese prisoner during the time
when the execution of the order for his deportation was sus-
pended by the district attorney is properly payable from the
appropriation for the judiciary. 777.
CIVIL SERVICE COMMISSION.
Jurisdiction of, to determine what offices are in classified service.
The Civil Service Commission is primarily the judge as to whether
a particular employment is within the classified service. 806.
Constable, for boarding escaped prisoner. See MARSHAL, constable.
Examination of, by Auditor, after discontinuance in Court of Claims. See
AUDITOR, claim.
French spoliation, when not "held by assignment."
A French spoliation claim acquired by a member of a firm in the
distribution between the partners of the partnership assets
upon final dissolution of the partnership is not "held by
assignment" within the meaning of the proviso to the act of
February 24, 1905, which provided that no claim therein
appropriated for should be paid if held by assignment. 624.
Reconsideration of, by Commissioner of Internal Revenue, to correct error
of law. See INTERNAL REVEVUE SERVICE, claim.
Refundment, internal revenue tax, on specific legacy. See INTERNAL
REVENUE SERVICE, claims.
Refundment, stamp taxes illegally collected on export bills of lading. See
INTERNAL REVENUE SERVICE, refundment.
Reimbursement for horse lost in military service. See ARMY, horse.
Revision of, after acceptance of payment. See ACCOUNTS, revision.
Withholding payment of, where claimant is indebted to Government. See
COMPENSATION, withholding.
CLERKS OF COURTS.
Accounts, emolument, of clerk of Supreme Court.
The clerk of the Supreme Court of the United States is not
required by the act of March 15, 1898, to report to the
Attorney-General as emoluments of his office amounts col-
lected from applicants for admission to the bar of the Supreme
Court. 154.
Calendars, fees for making. See infra, fees, folio.
Capias, fees for copies of. See infra, fees.
Docket fees. See infra, fees, docket.
Fees collected by clerk of Supreme Court from applicants for admission to
the bar. See supra, accounts.
Fees, docket, in cases transmitted from district to circuit court.
A clerk of court is entitled to a docket fee of one dollar in cases
transmitted from the district to the circuit court for trial.
Fees, folio, for affidavit as to drawing of juries.
A clerk of the United States district court in the Territory of
Oklahoma is not entitled to folio fees for drawing his own
affidavit as to the manner of drawing juries, there being no
compensation provided by law for such service. 372.
Fees, folio, for entering appointment of bailiff and court crier.
The appointment of bailiffs and court crier constitute but a single
proceeding, and for entering the same the clerk is only en-
titled to folio fees as for the entry of one proceeding. 50.
Fees, folio, for entries of fees and costs received from marshals.
For making entries of fees and costs received from marshals in
the cashbook kept by direction of the Attorney-General,
clerks of court are entitled to folio fees for the entry in each
case. 110.
Fees, folio, for making calendars.
A clerk of court is not entitled to folio fees for making calendars for
the judge, attorney, and clerk, such services being covered by
docket fees. 329.
Fees, folio, for making complete records.
Where a district court made an order directing the clerk to
include commissioner's transcripts in making up complete
records in criminal cases, and subsequently made another
order specifying what papers should be included in complete
records and omitted commissioners' transcripts, such latter
order will be regarded as having superseded the former one,
and the clerk will not be entitled to folio fees for such tran-
scripts in final records made subsequent to the making of the
last order.
CLERKS OF COURTS-Continued.
Fees, folio, for recording papers sent up by commissioners.
For recording papers sent up by commissioners in the final record
of cases wherein indictments or informations are waived,
clerks of court in the eastern district of North Carolina are
entitled to folio fees, such papers constituting a part of the
record, but where an indictment is found or information filed,
such papers constitute no part of the final record and the
clerk is not entitled to folio fees for recording them. 110.
Fees, folio, increasing, by separating single proceeding.
The organization of a grand or petit jury, including the appoint-
ment of a foreman and bailiff, and the acceptance or rejection
of persons summoned as jurors, constitute but a single pro-
ceeding, and the clerk can not by separating it into parts be-
come entitled to separate folio fees for each part, but is only
entitled to folio fees as for entering a single proceeding. 50.
Fees for filing papers in appealed Chinese-exclusion cases.
A clerk of court is not entitled to fees from the Government for
filing papers sent up by commissioners on appeal, in Chinese-
exclusion cases, they being defendants' costs. 329.
Fees for filing papers not records of the court.
A clerk of court is not entitled to fees for filing papers sent up by
commissioners in Chinese-exclusion cases, wherein no appeals
were taken, they not being records of the court, and the rule
of court requiring papers in criminal cases only. 329.
Fees for making copies of capias.
A clerk of the court is not, by the provisions of section 1028,
Revised Statutes, required to make copies of capiases at the
time such writs are issued and delivered to the marshal for
service, because they are not writs of commitment per se, and
he is not entitled to fees for making such copies. 87.
Fees for services performed for defendants.
The United States is not liable for fees for services performed by
clerks for defendants, except where they are expressly author-
ized by statute, and on appeals by defendants to the supreme
court of New Mexico the clerk must look to defendants for
his compensation for all services which naturally follow the
filing and docketing of the appeal, the United States being
liable only for such services as are directly performed for it.
243.
Fees in cases commenced but not disposed of prior to June 6, 1900.
Fees and costs collected by the clerk of a circuit court of appeal
prior to June 6, 1900, in cases commenced before but not dis-
posed of until after that date, must be accounted for in the
fiscal year in which they were earned and collected; and the
Auditor is authorized to reopen accounts which have been
settled more than a year for the purpose of charging such
fees and crediting amounts inadvertently included in such
settlements. 321.
CLERKS OF COURTS-Continued.
Retired officer, appointment of, as clerk of United States Court. See
APPOINTMENT, holding.
Single proceedings, separation of, by clerk, for purpose of increasing fees.
See supra, fees, folio.
COMMERCE AND LABOR, DEPARTMENT OF.
Cab hire, reimbursement for. See DISTRICT OF COLUMBIA, cab.
Subsistence, per diem in lieu of, to clerks while on field duty. See TRAV-
ELING EXPENSES, per diem.
COMMISSIONERS, UNITED STATES.
Accounts of, for services not performed at time of rendering. See Ac-
COUNTS, services.
Authority to bind over to keep the peace.
Under section 727, Revised Statutes, commissioners have jurisdic-
diction to bind over to keep the peace in conformity to the
statutes of the State in which the threatened breach occurs,
and for such services they are entitled to fees, including per
diems, to be paid in the same manner as in other criminal
proceedings, unless the State statutes provide a different mode
of payment. 29.
Bail, admitting Chinese person to, after order for deportation. See CHI-
NESE PERSONS, bail.
Fees for entering returns on unexecuted warrants.
United States commissioners are not entitled to fees for entering
returns on unexecuted warrants.
Fee for swearing witness to expense account.
A United States commissioner is entitled to a fee of 10 cents for
swearing a Government officer, attending as a witness, to his
expense account. 229.
Fees for taking bonds of Chinese seamen.
A United States commissioner is not entitled to fees for taking
bonds required of Chinese seamen by the Department of
Commerce and Labor, such services being a charge against
the seamen or the vessel to which they belong. 641.
Fees for transcripts of proceedings.
United States commissioners are not entitled to fees for transcripts
of proceedings in cases wherein defendants have not been
arrested, unless they are required, specifically or by necessary
implication, by rule or order of court. 28.
Per diem and fees for binding over to keep the peace. See supra,
authority.
Witness fees in insanity proceedings in Indian Territory. See WIT-
NESSES, fees.
Witnesses, fees for Government employees serving as, in extradition pro-
ceedings. See WITNESSES, witness.
COMMUTATION OF QUARTERS.
Quarters, reimbursement for hire of, occupied by officer's family. See
MARINE CORPS, quarters.
COMMUTATION OF RATIONS.
Private funds, advance of, by battalion commissary.
A battalion commissary in the Army is not entitled to reimburse-
ment for commutation of rations voluntarily paid by him ont
of his private funds, notwithstanding the subsistence funds
advanced to him for the payment of commuted rations were
exhausted. 486.
Additional, for services in nature of extra duties.
The clerk of the supreme court of the District of Columbia, the
United States marshal, and the collector of taxes, constituting
the jury, commission of the supreme court of the District, are
not entitled to compensation other than the regular salaries
of their respective offices for their services as such jury com-
missioners, such services being in the nature of extra duties
added by Congress to their respective offices for which they
can not be paid additional compensation. 384.
Additional, to firemen in public buildings for working overtime.
Firemen employed in public buildings under control of the Treas-
ury Department at a specified sum per day, with the under-
standing that they will be required to work for only eight
hours each day, are entitled to additional pay when required
to work a greater number of hours than eight in any one day,
provided such additional compensation is fixed by law or
general regulation or order. 377.
Additional, to assistant district attorney, for services as special assistant
attorney. See DISTRICT ATTORNEYS, compensation.
Additional, to contractor, where work is destroyed prior to its completion.
See CONTRACTS, compensation.
Additional, to foreman machinist, for working overtime.
A foreman machinist in the department of steam engineering at
the Mare Island Navy-Yard is not entitled to additional pay
for working overtime. 479.
Additional, to railway mail clerk, for services during "rest" period.
The employment of a regular railway postal clerk during his
"rest" period as a substitute for another railway mail clerk
who was absent from duty without pay, and the payment to
him of the lapsed salary of such absent clerk is authorized,
such service as a substitute clerk not being extra service
which he might have been required to perform under his
regular employment, and the two positions being distinct
and compatible, and neither of them having a fixed compen-
sation of $2,500 per annum. 636.
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