4 SEC. 54. The stenographer shall upon request furnish, with all reasonable diligence, to the defendant or his attorney in a criminal cause, or a party or his attorney in a civil cause, a copy from his stenographic notes of the testimony and 5 proceedings, or a part thereof, upon the trial or hearing, upon 6 payment by the person requiring the same of the fees provided 7 elsewhere in this title: Provided, That he shall make no 8 charge for such services when rendered on behalf of the United States or when the judge requires such a copy to 10 assist him in rendering the decision. 9 To perform du- 11 ties in person, ex cept. 12 13 14 SEC. 55. The stenographer shall attend to the duties of his office in person, except when excused for good and sufficient reason by order of the court, which order must be entered upon the minutes of the court. the minutes of the court. When the stenog 15 rapher of any court has been excused in the manner provided 16 by this section, the court may appoint a stenographer pro 17 tempore, who shall take the same oath and perform the same 18 duties and receive the same compensation during the time of 19 his employment as the regular stenographer. Stenographer's 20 report prima facie evidence. 21 SEC. 56. The report of the stenographer or stenographer pro tempore, duly appointed and sworn, when written 22 out in longhand writing or printed in type, and certified by 23 him as being a correct transcript of the testimony and pro24 ceedings in the case, shall be prima facie a correct statement 25 of such proceedings and testimony. Fees to be taxed. The Perseverance, 3 Dall., 336; Caldwell v. Jackson, 7 Cranch, 276; Inglee v. Coolidge, 2 Wheat., 363; M'Iver v. Wattles, 9 Wheat., 650; Canter v. Am. Ins. Co., 3 Pet., 307; Day v. Woodworth, 13 How., 363; Strader v. Graham, 18 How., 602; The Baltimore, 8 Wall., 377; R. R. Co. v. Collector, 96 U. S., 594; Nat. Bank v. Whitney, 103 U. S., 99; Trustees v. Greenough, 105 U. CHAPTER TWO. PAY AND ALLOWANCES OF COURT OFFICERS, JURORS, AND WITNESSES. Sec. 57. Fees to be taxed. 58. Attorneys, solicitors, and proctors. 60. Fees to be covered into the Treasury. 61. Compensation of assistant attorneys; ex- 62. Clerk of the Supreme Court. 63. Clerks of the circuit courts of appeals. 65. Emolument returns of clerks of circuit 66. Fees of clerks of district courts. 68. Additional compensation in prize causes. 69. Compensation of deputy clerks. 70. Marshal of the United States Supreme Court. 71. Marshals' fees. 72. Salaries of marshals. 73. What expenses allowed marshal. 74. Allowance of office deputies. 75. Compensation of field deputies. 76. What expenses to be paid to marshal. 77. Allowance for mileage or travel limited. 78. Attendance on rule days., etc. 79. No fees to court officers in certain cases. 81. Semiannual returns of fees and emolu- 82. Compensation paid from fees of calendar 1 2 3 4 5 6 7 year. SEC. 57. The following and no other compensation shall be taxed and allowed to attorneys, solicitors, and proctors in the courts of the United States, to district attorneys, clerks of the circuit courts of appeals and district courts, marshals, commissioners, jury commissioners, stenographers, witnesses, jurors, and printers, in the several States and Territories, except in cases otherwise expressly provided by S., 535; Alley v. 8 law. But nothing herein shall be construed to prohibit Nott, 111 U. S., 472; Scharff V. Levy, 112 U. S., 9 attorneys, solicitors, and proctors from charging to and receiv 711; U. S. v. Hill, SEC. 57. SEC. 823. The following and no other compensation shall be taxed and allowed to attorneys, solicitors, and proctors in the courts of the United States, to district attorneys, clerks of the circuit and district courts, marshals, commissioners, witnesses, jurors, and printers in the several States and Territories, except in cases otherwise expressly provided by law. But nothing herein shall be construed to prohibit attorneys, solicitors, and proctors from charging to and receiving from their clients, other than the Government, such reasonable 1 compensation for their services, in addition to the taxable costs, as may be in accordance with general usage in their respective States, or may be agreed upon between the parties. Fees to be taxed. 26 Feb., 1853, c. 80, s. 1, v. 10, p. 161. 3 Mar., 1855, c. 155, s. 12, v. 10, pp. 670, 671. Lowell, 321, PhilEx parte Jaffrey, lip's Case, 11 C. Cis., 570. 120 U. S., 177; U. S. v. Averill, 130 U. S., 335; U.S.v. Sanborn, 135 U.S., 271; Mullet v. U. S., 150 U. S., 566; Todd v. U. S., 158 U. S., 278; U. S. v. McMillan, 165 U. S., 504; U. S. v. Smith, 158 U.S., 346; The Alice Tainter, 14 Blatch., 225, 1 Fed. Cas., 406; Beckwith v. Easton, 4 Ben., 1 2 3 ing from their clients, other than the Government, such reasonable compensation for their services, in addition to the taxable costs, as may be in accordance with general usage in their respective States, or may be agreed upon between the [R. S., s. 823.] 4 5 parties. 357, 3 Fed. Cas., 29; Burnham v. Rangley, 2 Wood & M., 147, 4 Fed. Cas., 775; The Christopher Columbus, 8 Ben., 239, 5 Fed. Cas., 659; Clare v. Nat. City Bank, 14 Blatch., 445, 5 Fed. Cas., 831; Dedekam v. Vose, 3 Blatch., 153, 7 Fed. Cas., 339; Dennis v. Eddy, 12 Blatch., 195, 7 Fed. Cas., 472; Derry v. Hersey, 21 Law Rep., 473; Doughty v. West Man. Co., 4 Fish. Pat. Cas., 318, 7 Fed. Cas., 971; Dundore v. Coates, 6 N. B. R., 304, 8 Fed. Cas., 33; Emily B. Souder, 15 Blatch., 185, 8 Fed. Cas., 663; Ethridge v. Jackson, 2 Sawyer, 598, 8 Fed. Cas., 801; the F. Merwin, 10 Ben., 407, 9 Fed. Cas., 327; Gilman v. Libbey, 4 Cliff., 450, 10 Fed. Cas., 406; Goodyear Co. v. Osgood, 2 Ban & A., 529, 10 Fed. Cas., 739; Gordon v. Scott, 2 N. B. R., 86, 10 Fed. Cas., 816; Hathaway v. Roach, 2 Wood & M., 63, 11 Fed. Cas., 818; Hayford v. Griffith, 3 Blatch., 79, 11 Fed. Cas., 910; Hussey v. Bradley, 5 Blatch., 210, 12 Fed. Cas., 1053; Ex parte Jaffray, 1 Low., 321, 13 Fed. Cas., 284; Jones v. Schell, 8 Blatch., 79, 13 Fed. Cas., 1014; Jordan v. Agawam Woollen Co., 3 Cliff., 239, 13 Fed. Cas., 1084; Kitchen v. Woodfin, 1 Hughes, 340, 14 Fed. Cas., 695; Kneass v. Schuylkill Bank, 4 Wash., 106, 14 Fed. Cas., 749; The Liverpool Packet, 2 Sprague, 37, 15 Fed. Cas., 648; Lyell v. Miller, 6 McLean, 442, 15 Fed. Cas., 1137; The Nassau, 1 Blatch. Pr. Cas., 601, 17 Fed. Cas., 1181; Neff v. Pennoyer, 3 Saw., 335, 17 Fed. Cas., 1279; Nichols v. Brunswick, 3 Cliff., 88, 18 Fed. Cas., 186; Parker & Bigler, 1 Fisher Pat. Cas., 285, 18 Fed. Cas., 1115; Ex parte Plitt, 2 Wall., jr., 453. 19 Fed. Cas., 875; Prime v. Brandon Manuf. Co., 16 Blatch, 453, 19 Fed. Cas., 1324; Prouty v. Draper, 2 Story, 199, 20 Fed. Cas., 13; Ex parte Robbins, 2 Gall., 320, 20 Fed. Cas., 854; Sebring v. Ward, 4 Wash., 546, 21 Fed. Cas., 955; Sedgwick v. Grinnell, 10 Ben., 6, 21 Fed. Cas., 979; Spaulding v. Tucker, 2 Saw., 50, 22 Fed. Cas., 899; In re Stover, 1 Curt., 93, 23 Fed. Cas., 187; Stimpson v. Brooks, 3 Blatch., 456, 23 Fed. Cas., 100; Taylor v. Woods, 3 Woods, 146, 23 Fed.Cas., 814; Troy Iron Factory v. Corning, 7 Blatch., 16, 24 Fed. Cas., 236; U. S. v. Ingersoll, Crabbe, 135, 26 Fed. Cas., 467; U. S. v. Smith, 1 Woods & M., 184, 27 Fed. Cas., 1249; Vanderbilt v. Reynolds, 16 Blatch., 80, 28 Fed. Cas., 961; Warren v. Ives, 1 Flippin, 356, 29 Fed. Cas., 278; In re Williams, 2 N. B. R., 83, 29 Fed. Cas., 1384; Woodruff v. Barney, 1 Bond, 528, 2 Fisher Pat. Cas., 244, 30 Fed. Cas., 518; Penrose v. Penrose, 1 Fed. Rep., 479; U. S. v. Cigars, 2 Fed. Rep., 494; The Bay City, 2 Flippin, 703, 3 Fed. Rep., 47; Kearney v. A Pile Driver, 3 Fed. Rep., 247; Kreager v. Judd, 5 Fed. Rep., 27; Heath v. Griswold, 5 Fed. Rep., 573; Strafer v. Carr, 6 Fed. Rep., 466; Bridges v. Sheldon, 18 Blatch., 507, 7 Fed. Rep. 17; Simpson v. 110 Sticks of Timber, 7 Fed. Rep., 243; Schmieder v. Barney, 19 Blatch., 143, 7 Fed. Rep., 451; Gross & P. Manf. Co. v. Gerhard, 8 Fed. Rep., 136; Coburn v. Schroeder, 8 Fed. Rep., 521; Whipple v. Cumberland Cotton Manf. Co., 9 Fed. Rep., 225; In re Bignall, 9 Fed. Rep., 385; Gunther v. Liverpool, etc., Ins. Co., 10 Fed. Rep., 830; Elfelt v. Steinhart, 11 Fed. Rep., 896; Jerman v. Stewart, 12 Fed. Rep., 271; Hayford v. Griffith, 13 Fed. Rep., 79; Coy v. Perkins, 13 Fed. Rep., 111; Taylor v. Life Association, 13 Fed. Rep., 493; Weigand v. Copeland, 14 Fed. Rep., 118; Yale Lock Man. Co. v. Colvin, 21 Blatch., 168, 14 Fed. Rep., 269; Carr v. Austin R. Co., 14 Fed. Rep., 419; U. S. v. Treadwell, 15 Fed. Rep., 532; The Alert, 15 Fed. Rep., 620; Huntress v. Epsom, 15 Fed. Rep., 732; Louisiana State Lottery v. Clark, 16 Fed. Rep., 20; Goodyear v. Sawyer, 17 Fed. Rep., 2; Mead v. Platt, 17 Fed. Rep. 836; Hugunin v. Thatcher, 18 Fed. Rep., 105; Cooper v. New Haven Steamboat Co., 18 Fed. Rep., 588; Adams v. Howard, 19 Fed. Rep., 317; Andrews v. Cole, 22 Blatch., 184, 20 Fed. Rep., 410; Avery v. Wilson, 20 Fed. Rep., 856; Pentlarge v. Kirby, 22 Fed. Rep., 261, 20 Fed. Rep., 898; Duquesne Nat. Bank v. Mills, 22 Fed. Rep., 611; Price v. Coleman, 22 Fed. Rep., 694; Wooster v. Handy, 23 Fed. Rep., 49; The Anchoria, 23 Fed. Rep., 669; McLean v. Clark, 23 Fed. Rep., 861, 20 Repr., 36; Consolidated Co. v. American Co., 24 Fed. Rep., 658; Celluloid Manuf. Co. v. Chandler, 27 Fed. Rep., 9; Partee v. Thomas, 27 Fed. Rep., 429; Wigton v. Brainerd, 28 Fed. Rep., 29; Cahn v. Qung Wah Lung, 28 Fed. Rep., 396; In re Baxter, 28 Fed. Rep., 452; Chadbourne v. German-American Ins. Co., 31 Fed. Rep., 625; O'Neil v. Kansas City R. Co.; 31 Fed. Rep., 663; Williams v. Morrison, 32 Fed. Rep., 682; Ryan v. Gould, 32 Fed. Rep., 754; New York Co. v. New Jersey Co., 32 Fed. Rep., 755; In re Woy Chee Kee, 33 Fed. Rep., 377; McKinistry v. U. S., 34 Fed. Rep., 211; Gibson v. Peters, 35 Fed. Rep., 721; Adams v. Kehlor M. Co., 38 Fed. Rep., 281; Lee v. Simpson, 42 Fed. Rep., 434; The Topsy, 45 Fed. Rep., 486; Richter v. Magone, 47 Fed. Rep., 192; Mass. & S. C. Co. v. Gill's Creek, 48 Fed. Rep., 145; The William Branfoot, 52 Fed. Rep., 390; Aiken v. Smith, 57 Fed. Rep., 423, 19 A. G. Op., 63; Garter v. U. S., 31 Ct. Cls., 344; Douglass v. U. S., 21 Ct. Cls., 462; In re Baxter, 24 Blatch., 124; Strong v. U. S., 34 Fed. Rep., 18; Brooks v. Byam, 2 Story, 553; Anon., 13 Abb. New Cases, 54; Marte v. Ogden City St. Ry. Co., 9' Utah, 459; U. S. v. McMillan, 10 Utah, 184. |