and subsequent proceedings thereon, was entitled to the same fees allowed to the clerk of a court for similar services. (United States v. Ewing, 140 U. S. 142.) It seems highly improbable that Congress should put the fees of commissioners upon the same basis as those of clerks, with the exception of docket fees, and make it a mere temporary expedient applicable only to the appropriation for a single year, when the same reasons would continue to exist for making it of permanent application. (Faris v. United States, 23 Ct. of Cl. 374; Strong v. United States, 34 Fed. Rep. 17; McKinistry v. United States, 34 Fed. Rep. 211; Thornley v. United States, 37 Fed. Rep. 765; Calvert v. United States, 37 Fed. Rep. 762; Crawford v. United States, 40 Fed. Rep. 446; Goodrich v. United States, 42 Fed. Rep. 392; United States v. Ewing, 140 U. S. 142.) A commissioner entitled to fees for mittimus, for acknowledgment, for drawing complaint, for entering return to process, and writing out testimony, but not to docket fees per diem fees. (United States v. Ewing, 140 U. S. 142.) A fee is properly chargeable for the acknowledgment of a recognizance, but that such acknowledgment is a single act, though it be made by principal and suret es, and that but a single fee of twenty-five cents is chargeable therefor. (United States v. Ewing, 140 U. S. 142; United States v. Barber, 140 U. S. 177.) A commissioner of the United States circuit court is entitled to the fee of five dollars a day for hearing and deciding motions upon bail and the sufficiency thereof, and for the continuance of cases before him. (United States v. Jones, 134 U. S. 483.) He is entitled to charge for more than three folios for drawing complaints in criminal cases where the complaints are not unnecessarily prolix and contain more than that number of folios. (United States v. Barber, 140 U. S. 177.) The Federal court will allow the fees of three commissioners for taking depositions on a commission issued out of the State court before the filing of the petition for removal, if defendant, against whom the costs are taxed, assented to that number of commissioners; but if he did not, fees for only one will be allowed. (Young v. Merchants' Ins. Co., 29 Fed. Rep. 273.) For taking and certifying a deposition, the commissioner is entitled to twenty cents per folio. (United States v. Ewing, supra.) A commissioner may

charge fees for more than one case against the same party for violation of the same section of the Revised Statutes, where the cases are different and relate to different offenses. (United States v. Barber, 140 U. S. 177.) In criminal cases, a commissioner of the circuit court is entitled to the following fees; for drawing complaints, where the local practice requires the complaint to be reduced to writing, twenty cents per folio (Ravesies v. United States, 24 Ct. Cl. 224); for each oath administered in connection with the complaint, ten cents, and fifteen cents for each jurat (United States v. McDermott, 140 U. S. 151); for filing a complaint or other paper, ten cents; for issuing a warrant, one dollar; for entering returns thereon fifteen cents per folio; for filing a warrant, ten cents; and the same fees for like services in issuing and return of subpoenas; for acknowledgment of recognizances, twenty-five cents each, but only one acknowlelgment can be allowed for each recognizance (United States v. Ewing, 140 U. S. 142); for the oaths of sureties and the jurats to such oaths; for pay-rolls of witnesses, fifteen cents per folio, and ten cents for each oath administered to witness in support of his claim for his fees; for transcript of proceedings, fifteen cents per folio; for depositions on examinations, twenty cents per folio; for filing each paper ten cents; but where two or more depositions are embraced in a single paper, or a series of sheets are attached together, they form but a single paper. (United States v. Barber, 140 U. S. 164.) He is also entitled to a fee of ten cents for filing such complaint, prior to this section and under the clause of sec. 828, "for filing and under entering every declaration, plea or other paper, ten cents." (United States v. Barber. 140 U. S. 164.) Where four seamen have like cause of complaint against a vessel, the commissioners can charge for but one summons and certificate. (Kelly v. The Topsy, 45 Fed. Rep. 486.)

$323.

Witnesses' fees.-For each day's attendance in court, or before any officer, pursuant to law, one dollar and fifty cents, and five cents a mile for going from his place of residence to the

place of trial or hearing, and five cents a mile for returning. When a witness is subpoenaed in more than one cause between the same parties, at the same court, only one travel fee and one per diem compensation shall be allowed for attendance. Both shall be taxed in the case first disposed of, after which the per diem attendance fee alone shall be taxed in the other cases in the order in which they are disposed of. When a witness is detained in prison for want of security for his appearance, he shall be entitled, in addition to his subsistence, to a compensation of one dollar a day. (Rev. Stats. sec. 848. See secs. 879, 881.)

Witness fees.-A witness subpoenaed at the place of trial on the day of trial is not entitled to a travel fee (The Sunnyside, 5 Ben. 162); and if he has the means to pay traveling expenses, it is not necessary to tender his fees (United States v. Darling, 4 Biss. 509.) Fees for attendance may be taxed in civil as well as criminal cases (Sebring v. Ward, 4 Wash. C. C. 546); and although he was summoned to serve as a juror, and so served (Edwards v. Bond, 5 McLean, 300); and where his attendance and examination were procured in good faith, he is entitled to his fees, although he was not served with a subpoena. (United States v. Williams, 1 Cranch C. C. 178; Power v. Semmes, 1 Cranch C. C. 247; Cummings v. The Akron Co., 6 Blatchf. 509; Dennis v. Eddy, 12 Blatchf. 195; Anderson v. Moe, 1 Abb. U. S. 299; Prouty v. Draper, 2 Story, 199. But see Sawyer v. Aultman Co., 5 Biss. 165; Woodruff v. Barney, 1 Bond, 528.)

Witnesses from a distance.-The attendance of witnesses coming from more than one hundred miles distance is voluntary, even where served with a subpoena (Spaulding v. Tucker, 2 Sawy, 50); and fees may be taxed (Dreskill v. Parish, 5 McLean, 241); and his traveling fees may be taxed for a distance of one hundred miles, and no more (Beckwith v. Easton, 4 Ben. 337; The Leo, 5 Ben. 486; Anonymous, 5 Blatchf. 134; Russell v. Ashley,

Hemp. 546); and if he actually attends, his fees may be taxed although he is not examined (Hathaway v. Roach, 2 Wood. & M. 63); and although the subpoena was served on him by a private person. (Power v. Semmes, 1 Cranch C. C. 247; Miller v. Scott, 2 Bank. Reg. 86.) His fees are taxable although his deposition was taken (Anderson v. Moe, 1 Abb. U. S. 299; Beckwith v. Easton, 4 Ben. 357); and in case of postponement on account of sickness of counsel, the fees may be taxed during the postponement. (Whipple v. Cumberland Cotton Co., 3 Story, 84.) The fees may be taxed during their actual attendance, after their examination is closed, and while the case is under argument. (Whipple v. Cumberland Cotton Co., 3 Story, 84.) If the case is postponed by agreement, fees for double travel may be taxed, if governed by the agreement. (Hance v. McCormick, 1 Cranch C. C. 522; Hathaway v. Roach, 2 Wood. & M. 63.) When summoned in several cases, a witness is allowed a per diem and mileage only in one case, to be distributed and charged equally among the various cases (Parker v. Cartzler, 5 McLean, 4); but he has a right to fees in each suit where the parties are different. (Parker v. Bigler, 1 Fish. 285.) A party called and examined as a witness in his own behalf is not entitled to fees or traveling expenses. (Nichols v. Brunswick, 3 Cliff. 88.) A party is not entitled to costs of more than three witnesses to any one fact. (Bussard v. Catalino, 2 Cranch C. C. 421.)

Attendance before commissioners.-" Pursuant to law" applies to attendance of witnesses before commissioners only (Cummings v. Akron Co., 6 Blatchf. 509); and if parties agree that the testimony of various witnesses shall be taken before a commissioner in another State, the fees may be allowed although they attended voluntarily. (Spaulding v. Tucker, 2 Sawy. 50.) No per diem allowance can be taxed for attendance before a master where the testimony is afterward abandoned, stricken out or rejected. (Troy etc. Factory v. Corning, 7 Blatchf. 16.

Detention of witness.-If a witness is committed for want of recognizance, he is entitled to fees for the time he is detained. (In re Higginson, 1 Cranch C, C. 73.)

§ 324. No officer of court to have witness fees.-No officer of the United States courts, in any State or Territory, or in the District of Columbia, shall be entitled to witness fees for attending before any court or commissioner where he is officiating. (Rev. Stats. sec. 849.)

$325

Expenses of clerks as witnesses.- -When any clerk or other officer of the United States is sent away from his place of business as a witness for the government, his necessary expenses, stated in items and sworn to, in going, returning and attendance on the court, shall be audited and paid; but no mileage, or other compensation in addition to his salary, shall in any case be allowed. (Rev. Stats. sec. 850.)

§ 326. Seamen sent home as witnesses. There shall be paid to each seaman or other person who is sent to the United States from any foreign port, station, sea or ocean, by any United States minister, charge d'affaires, consul, captain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensation, exclusive of subsistence and transportation, as such court may adjudge to be proper, not exceeding one dollar for each day necessarily employed in such voyage, and in arriving at the place of examination or trial. In fixing such compensation, the court shall take into consideration the condition of said seaman or witness, and whether his voyage has been broken up to his injury by his being sent to the United States.

When such seaman or person is transported in