The republic., 1851-11-01
united states marshals, Fees.
From he Detroit (MicA.) Daily Aduerti.e

From The Detroit (hIich.) Daily AdUertise.
CRcUrr CoURT OF THE UNITED STATES ron THE
SEVENTH CIRcUIT, DIsrRIcr or MIcHIG AN.-IHe
United States We. Joshua Hotoard, late Marshal Of
Miehigan.-Action of assumpsit to recover balance
due from defendant of s. ,Il3 49, in his hands, for
which he had presented vouchers which were re-
jected by the accounting officers in Washington,
although they were duly certified, taxed, and al
lowed by the court, or one of the judges thereof.
After the presentation ofsueh Vouchers all Of which
one had been presented to the auditor and
comptroller, and by them rejected credits to the
defendant-the court charged the jury on the seve-
raj points presented by the counsel for the defend
ant as follows, viz;
l. That all vouchers for the legal fees of the
clerk, attorney, marshal, witnesses and Jurors, III
"crminal prosecutions" if certified and examined
by the court, or one of the judges thereof must be
passed in the usual manner at and the amount
thereof paid out of the Treasury of the United
States, and that the jury must allow to the defend
ant all such items; and that the certificate and ex
animation by the court or Judge in such cases, un
der the 4th section of act 1892 conclusive of the
legality of said fees, and fna and that the ac
counting officers at Washington city cannot look
behind that certifcate.-Act Sth May, 1892, 4,
vol l, Statutes at Large, on page 277. Opinions of
Judge Story and Chief Justice Taney, file in
the clerks office.
That, by 4th section above referred TO. the Judge
is made the auditing officer of the Treasury De-
partment much any other auditor in the
Treasury Department at Washington. When ac-
counts are allowed and examined by the judge, we
instruct you to give credit TO the defendant. Con
gress has clothed the judge with authority as an
auditing officer, and as the one most competent TO
Judge; and, if accounts are once allowed are to be
paid.
They cannot go behind the certificate of the
judge at Washington; and if he, the judge, or the
court has passed the account the door is closed
against the Government; 1t is tinais and the ac
counts are not to be again disturbed.
III. That the compensation of the marshal and
other officers of the court in cases in this dis
trct do not require the examination and certificate
of the judge butt are fixed by the act of IS4l which
provides that "for any services Gncluding the
compensation for mileage) performed by said ofi-
GERS (marshal clerk or Attorney in the discharge
of their official duties, for which compensation
provided by the law of the State of Michigan,
on the Sd of March, lS4l, (the day of the passage
of said act) auch officers shall receive such fees
are no,O (Nlarch 3, lS4l) allowed by law according
to the eTsting usage and practice of the said
of the United States.-U. S. Statutes at Large, vol
5, page 437.
III. That on the Sd Of March, lS4l, the day of
the passage of said act, there compensation
allowed by the laws of the State of Michigan to
either the sheriff. clerk, or attorneys of the State
courts, and that consequently the compensation Of
the marshal. clerk, and attorneys in civil cases
pending in the courts of this District, to be
taxed and allowed according to the erising usage
and practice of said courts of the United on the Sd
of March, 1851
w. That the practice and usage SO existing in
the courts of the United States on the Sd of March,
lS4l, established in civil by tho rules of
this courtNos. 10, II 70, 73-that all rejected items
in the defendants account in CIVIL matters, taxed
and allowed according to the said rules, were
"allowed by law according to the THEN (March 3,
IS4) EXISTING usage and practice of the courts of
the United States for this State, and that the de-
fendant is entitled to credit for each voucher so
taxed and certified under said rules.
v. That if the jury find, from the vouchers ad
duced in criminal prosecutions that the same
have been examined and certified by the court, of
Of the judges thereof, they will allow to the de-
fendant all such vouchers; and, if they find from
the vouchers adduced by the defendant in civil
cases, that the same are taxed and certified, sac
cording to the usage and practise of the circuit
court of the United States" for this district, il
existed on the Sd of March, 1871, they will then
allow all such vouchers credits to the defendant
Act of l792 act of March Sd, lSil
After hearing the charge Of the court, the jury
retired, and, after few minutes consutation, al
lowed to the defendant all the items rejected by
the comptroller, and rendered verdict in favor of
the United States for $50 35.
George C. Bates, United States District Attorney,
for plaintiff; d. b. Duffied, esq.,. for defendant.