United States v. Van Duzee

Citations

• 140 U.S. 169
• 11 S. Ct. 758
• 35 L. Ed. 399
• 1891 U.S. LEXIS 2448

Syllabus

<p>'A clerk of a Circuit or District Court of the United States, receiving papers sent up in criminal cases by the commissioners before whom the examinations were had, may file them in the order and as they come from the commissioners, and is entitled to his fee for filing each such paper.</p> <p>He may also charge for filing oaths, bonds and appointments of deputy marshals, jury commissioners, bailiffs, district attorneys and their assistants, and further for recording them if required by order of court or by custom,to do so; but not for administering the oaths of office to them or preparing their official- bonds.</p> <p>He is also entitled to his legal charges for approving the accounts of such officers under the act of February 22, 1875, 18 Stat. 333, c. 95.</p> <p>He is also entitled to .charge for furnishing a copy of an indictment to the defendant when ordered to do so by the court; but not otherwise.</p> <p>He is also entitled to a fee for filin'g criminal' cases sent up by a commissioner, but not for docketing the same unless indictment is found.</p> <p>When the Treasury Department requires copies of orders for payment by the ■ marshal of sums due to jurors and witnesses to be authenticated by the seal of the court, the clerk is entitled to his fee for affixing it; but not otherwise.</p> <p>He is not entitled to a fee for entering an order for trial and recording a verdict in a criminal ease, that charge being covered by the fee “ for making dockets and indexes, issuing venire, taxing costs,” etc.</p> <p>Charges for filing' precipes for bench warrants are proper; but no such precipe is required after sentence, the sentence being in itself an order for a mittimus.</p> <p>When it is the practice in a district to require records to be made up in criminal cases, the clerk is entitled to charge for incorporating in it the transcript from the commissioner. -</p> <p>When, in a district there is a rule of court that the clerk', in issuing subpoenas in criminal cases