United States v. King
147 U.S. 676 (1893)

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U.S. Supreme Court

United States v. King, 147 U.S. 676 (1893)

United States v. King

No. 628

Submitted January 9, 1893

Decided March 8, 1893

147 U.S. 676

Syllabus

A clerk of a circuit court is not entitled to a per diem pay for services in selecting juries in connection with the jury commissioner.

When a statute increases the duties of an officer by the addition of other duties germane to the office, he must perform them without extra compensation, but if he is employed to render services in an independent employment not incidental to his official duties, he may recover for such services.

When a clerk of a circuit court attends the court personally at one place within the district and appoints a deputy to attend it at another place or in a different division of the same judicial district, he is entitled under Rev.Stat. § 831 to make a per diem charge for attendance at each.

Page 147 U. S. 677

A clerk of a circuit court is not entitled to charge for docketing and endorsing an order for the removal of a prisoner for trial in another district.

Charges by a clerk for making separate reports of the amount of fees due each juror and witness and filing separate orders for their payment are disallowed; also charges for making separate recognizances for witnesses in a criminal case, it not appearing that the witnesses could not have conveniently recognized together.

The clerk of a circuit court is not entitled to a fee for entering upon the final record the proceedings before a committing magistrate, as, although they may be properly filed, and a fee charged for the filing, they form no part of the record.

This was a petition by H. H. King, whose Christian name is not given, to recover certain fees as Clerk of the Circuit Court of the United States for the Southern District of Georgia. To his petition was annexed a schedule of 23 items, running through four years of service, which had been disallowed by the accounting officers of the Treasury, amounting in the aggregate to $595.65. The case was tried upon an agreed statement of facts, and a judgment rendered against the United States for $586.15 and costs. See Erwin v. United States, 37 F. 470. The United States appealed.

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