CHAPTER XXVIII.

FEES OF OFFICERS AND OTHERS.

WITH

Sec. 1108. NOTHING HEREIN ΤΟ PROHIBIT AGREEMENTS CLIENTS. The following, and no other, compensation shall be taxed and allowed to attorneys, solicitors, proctors, district attorney, clerk of the supreme court of the District, marshal, commissioners, witnesses, and jurors, except in cases otherwise provided for by law; but nothing herein shall be construed to prohibit attorneys, solicitors, and proctors from charging or receiving 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 or may be agreed upon:

Sec. 1109. ATTORNEYS, SOLICITORS, AND PROCTORS. On a trial before a jury in civil or criminal causes or before referees, or on a final hearing in equity or admiralty, a docket fee of twenty dollars: Provided, That in cases of admiralty and maritime jurisdiction where the libelant recovers less than fifty dollars the docket fee of his proctor shall be only ten dollars.

In cases at law where judgment is rendered without a jury, ten dollars.

In cases at law when the cause is discontinued, five dollars.

For scire facias, or other proceedings on recognizances, five dollars. For each deposition taken and admitted in evidence in a cause, two dollars and fifty cents.

For services rendered in a case removed from the supreme court of the District by an appeal to the court of appeals, five dollars.

For examination by the district attorney before a judge or commissioner of persons charged with crime, five dollars a day for the time necessarily employed.

For each day of the district attorney's attendance in court, five dollars.

When an indictment for a crime is tried before a jury and a conviction is had the district attorney may be allowed, in addition to the fees herein provided, a counsel fee in proportion to the importance of the cause, not exceeding thirty dollars.

There shall be paid to the district attorney two per centum on all moneys collected or realized in any suit or proceeding under the revenue law conducted by him to which the United States is a party, in lieu of all costs and fees in such proceeding.

When the district attorney appears by direction of the Secretary or Solicitor of the Treasury on behalf of any officer of the revenue in any suit against such officer for any act done by him, or to recover any money received by him and paid into the Treasury in the course of his official duty, he shall receive such compensation as may be certified to be proper by the court and approved by the Secretary of the Treasury.

Sec. 1110. CLERK'S FEES. For issuing and entering every process, commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire, or a summons or subpoena for a witness, one dollar.

For issuing a writ of subpoena or summons, twenty-five cents.

For filing and entering every declaration, plea, or other paper, twenty-five cents.

For administering an oath or affirmation, except to a juror, twentyfive cents.

For taking an acknowledgment, fifty cents.

For taking and certifying depositions to file, twenty cents for each folio of one hundred words.

For a copy of such deposition furnished to a party on request, ten cents a folio.

For entering any return, rule, order, continuance, judgment, decree, or recognizance, or drawing any bond, or making any record, certifi cate, return, or report, for each folio, fifteen cents.

For a copy of any entry or record, or any paper on file, for each folio, ten cents.

For making dockets or indexes, issuing venire, taxing costs, and all other services on the trial or argument of a cause where issue is joined and testimony given, three dollars.

For making dockets or indexes, taxing costs, and all other services in a cause where issue is joined but no testimony is given, two dollars. For making dockets or indexes, taxing costs, and all other services in a cause which is dismissed or discontinued or where judgment or decree is made or rendered without issue, one dollar.

For making dockets and taxing costs in cases removed by appeal, one dollar.

For affixing the seal of the court to any instrument when required, twenty-five cents.

For every search for any particular judgment or lien, fifteen cents. For swearing applicant, recording and making certificate of declaration to become a citizen of the United States, one dollar.

For swearing applicant, recording and making certificate of naturalization, three dollars.

For searching the records of the court for judgments, decrees, or other instruments constituting a general lien on real estate and certifying the result of such search, fifteen cents for each person against whom such search is required to be made.

For receiving, keeping, and paying out money in pursuance of any statute or order of court, one per centum of the amount so received, kept, and paid.

For his attendance on the court while actually in session, five dollars per day.

For all services rendered to the United States in cases in which the United States is a party of record, five dollars.

For each marriage license, one dollar.

For each official certificate of marriage, one dollar.

For each certificate of official character, including the seal, fifty cents.

For filing and recording notice of mechanic's lien, one dollar.
For entering release of mechanic's lien, fifty cents.

Sec. 1111. FEES APPERTAINING TO THE PROBATE COURT.-The register of wills, clerk of the probate court, shall be entitled to demand and to receive for services performed by him, in advance of such services, the following fees: For filing petition or caveat, fifty cents; for filing other papers, each, five cents; for making docket and indexes and taxing costs in each case, two dollars and fifty cents; for additional docket entries, each, twenty-five cents; for issuing subpoena to witness and copies, each, twenty-five cents; for issuing subpoena duces tecum, fifty cents; for issuing summons, citation, commission, rule, warrant, notice of trial, process, execution, attachment, or writ, each, one dollar; for issuing notices to creditors, distributees, and legatees, each, fifty cents; for copies of summons, citation, rule, warrant, or other process, order of publication, notices to creditors, legatees, and distributees, attested under seal and delivered for service or publication, each, fifty cents; for taking and recording every bond, one dollar and fifty cents; for every probate of will, inventory, or account, one dollar; for issuing letters testamentary or of administration, collection, or guardianship, one dollar; for issuing certificate of appointment of executor, administrator, collector, or guardian, one dollar; for entering panel of jury and swearing them, fifty cents; for administering an oath or affirmation, fifteen cents; for passing a claim against an estate and entering in docket of claims, thirty cents; for drawing depositions of witnesses, per folio, fifteen cents; for every search of the files or records outside of a regular proceeding, where no other service is performed for which a fee is allowed, one dollar; for examining or stating any account of executor, administrator, collector, guardian, receiver, or trustee, not exceeding oné hundred items, five dollars; for each additional item, two cents; for stating the distribution of an estate, for each distributee, one dollar; for copy of an account, not exceeding one hundred items, one dollar and fifty cents; for each additional item, two cents; for recording all papers, per folio, fifteen cents for copies of all papers not otherwise specified, per folio, twelve cents; for every certificate under seal, not otherwise specified, fifty cents! Provided, That in all cases where the estate does not exceed two hun dred dollars in value the register of wills shall receive no fees, and where the estate does not exceed five hundred dollars in value the fees shall not exceed ten dollars: Provided further, That the court na allow to the register reasonable fees for any service he may rehder not specified in the preceding section.-Act of June 30, 1902. desm

[Sec. 1111. FEES APPERTAINING TO THE PROBATE COURT.-The fees shall be those now prescribed by section nine hundred and thirty-one of the Revised Statutes of the United States, relating to the District of Columbia, and by orders of the said probate term under section nine hundred and thirty-two of the said Revised Statutes except that in all cases when the estate does not exceed two hundred dollars in, Malue the register of wills shall not receive any fees; and when the estate does not exceed five hundred dollars the fees of the register of wills shall not exceed ten donde vided, That for any services required of the register of wills, as clerk of Probate court, for which no fees are specified by statute, he may be allowed to collect the fees prescribed by this code to be collected by the clerk of the supreme court of the District of Columbia for similar services.]

Sec. 1112. MARSHAL'S FEES. For the service of any warrant attacht ment, summons, capias, or other writ (except execution, venire, or a summons or subpoena for a witness), one dollar for each person, on whom service may be made: Provided, however, That for the service of any citation, summons, notice, or rule issued by the probate court the fee shall be fifty cents for each person on whom service may be made.

For the keeping of personal property attached on mesne process, such compensation as the court, on petition setting forth the facts under oath, may allow.

For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or thirty-three and one-third cents each. For holding an inquisition or other proceeding before a jury, including the summoning of a jury, five dollars.

For serving a writ of subpoena on a witness, fifty cents; and no further compensation for a copy, summons, or notice for a witness.

For summoning appraisers, fifty cents.

For executing a deed prepared by a party or his attorney, one dollar. For drawing and executing a deed, five dollars.

For copies of writs or papers furnished at request of any party, ten cents a folio.

For every proclamation in admiralty, thirty cents.

For serving an attachment in rem or libel in admiralty, two dollars. For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents a day.

When the debt or claim in admiralty is settled by the parties without a sale of the property, a commission of one per centum on the first five hundred dollars of the claim or decree, and one-half of one per centum on the excess of any sum thereof over five hundred dollars: Provided, That when the value of the property is less than the claim such commission shall be allowed only on the appraised value thereof. For sale of vessels or other property under process in admiralty and for receiving and paying over the money, two and one-half per centum on any sum under five hundred dollars, and one and one-half per centum on the excess of any sum over five hundred dollars.

For disbursing money to jurors and witnesses and for other expenses, two per centum.

For expenses while employed in endeavoring to arrest under process any person charged with or convicted of crime, the sum actually expended, not to exceed two dollars a day.

For every commitment or discharge of a prisoner, fifty cents.

For transporting criminals convicted of a crime in the District to a prison in a State or Territory designated by the Attorney-General, the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistence and hire.

For attending court and bringing in and committing. prisoners and witnesses during the term, five dollars a day.

For attending examinations before a commissioner and bringing in, guarding, and returning prisoners charged with crime, and witnesses, two dollars a day, and for each deputy, not exceeding two, necessarily attending, two dollars a day.

For fuel, lights, and other contingencies that may accrue in holding the courts, the amount of his expenses necessarily incurred.

For levying upon leasehold or freehold property in land and selling the same, a commission of one and one-half per centum on the proceeds to the amount of the debt.

For levying upon leasehold or freehold property in land where no sale thereof is made, one dollar.

For levying upon personal property and selling the same, a commission of three per centum on the proceeds to the amount of the debt

and the reasonable cost for storage, keeper, insurance, advertising, and auctioneer.

For levying upon personal property where no sale thereof is made, two dollars and fifty cents and the reasonable cost for storage, keeper, and insurance incurred for the preservation of the same: Provided, That the court, on notice to all parties in interest, may allow additional compensation.

Sec. 1113. COMMISSIONERS' FEES.-Drawing a complaint, with oath and jurat to same, fifty cents; copy of complaint, with certificate to same, thirty cents.

Issuing a warrant of arrest, seventy-five cents.

Issuing a commitment and making copy of same, one dollar.
Entering a return, fifteen cents.

Issuing a subpoena or subpoenas in any one case, with five cents for each necessary witness in addition to the first, twenty-five cents.

Drawing a bond of defendant and sureties, taking acknowledgment of same, and justification of sureties, seventy-five cents.

Administering an oath (except to witness as to attendance and travel),

ten cents.

Recognizance of all witnesses in a case when the defendant or defendants are held for court, fifty cents.

Transcripts of proceedings when required by order of court and transmission of original papers to court, sixty cents.

Copy of warrant of arrest, with certificate to same when defendant is held for court and the original papers are not sent to court, forty

cents.

Order in duplicate to pay all witnesses in a case-for first witness, thirty cents, and for each additional witness, five cents, and for oath to each witness as to attendance and travel, five cents.

For hearing and deciding on criminal charges and reducing the testimony to writing, when required by law or order of court, five dollars a day for the time necessarily employed: Provided, That not more than one per diem shall be allowed in a case, unless the account shall show that the hearing could not be completed in one day, when one additional per diem may be specially approved and allowed by the court: Provided further, That not more than one per diem shall be allowed for any one day: And provided further, That no per diem shall be allowed for taking a bond or recognizance and passing on the sufficiency of the bond or recognizance and the sureties thereon when the bond or recognizance was taken after the defendant had been committed to prison upon a final commitment, or has given bond or been recognized for his appearance at court, or when the defendant has been arrested on a capias or bench warrant or was in custody under any process or order of a court of record.

For the examination and certificate in cases of the application for discharge of poor convicts, imprisoned for nonpayment of fine, or fine and costs, and all services connected therewith, three dollars.

For attending to a reference in a litigated matter in a civil cause at law, in equity, or in admirality, in pursuance of an order of the court, three dollars a day.

For taking and certifying depositions to file in civil cases, ten cents for each folio.

For each copy of the same furnished to a party on request, ten cents for each folio.