United States v. Payne
147 U.S. 687 (1893)

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U.S. Supreme Court

United States v. Payne, 147 U.S. 687 (1893)

United States v. Payne

No. 673

Submitted January 9, 1893

Decided March 8, 1893

147 U.S. 687

Syllabus

A clerk of a Circuit or district court is entitled to fees for making dockets and indexes, taxing costs, etc., in suits upon manufacturers' bonds under the internal revenue law where issue was joined and testimony given;

Page 147 U. S. 688

also for entering orders of court for alias fi. fa. and for venditioni exponas, one folio each; also for making record entries of recognizances of defendants or of entering and filing such recognizances, but not for both; also for making docket entries and indexes in cases of sci. fa. and other proceedings where issue was joined; also for entering orders approving the accounts of officers of the court and filing duplicate accounts; also for entering separate orders of court excusing jurors, entering orders of court to issue subpoenas, and entering an order for alias capias when such orders are made by the court and the fees allowed, and also for drawing recognizances of defendants.

He is not entitled to fees for filing vouchers, nor for making dockets and indexing where no indictment is found, nor for attendance upon the district court as a jury commissioner in drawing jurors.

This was a petition for fees by the clerk of the District and Circuit Courts of the United States for the Western District of North Carolina. The petition averred that the accounts had been duly presented to the accounting officers of the Treasury, and payment thereof refused, although such accounts had been duly presented and approved by the court in accordance with law. The court found the facts in favor of the petitioner and directed judgment in his behalf for $538.50, and the United States appealed. As the court found a large number of items in favor of the petitioner the allowance of which is not now disputed, it is unnecessary to set forth the finding in full.

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