Weekly national intelligencer., 1851-11-01
MARSHALS' FEES.
FROM TIE DETROIT DAILY ADVERTISER.
CracuIr CouRr or rHE UNrrED srArrs

CIRcUIr CoURr THE UNITED STATS
ron 7TH CIRoUIr DIsTRIcr OF MICHIGAN
The United States Joshua Hotoard late Marshal Of
csganAcon Of assumpsit to balance due from
defendant Of l3 in his hands, for which he had pre-
sened vouchers which rejected by the accounting Off
GERS in Washington although they duly certified, taxed,
and allowed by the court Of the judges thereof After
the presentation Of such vouchers, all Of which, one,
had been presented the Auditor and Comptroller and by
them rejected credits to the defendant the charged
jury the several points presented by the counsel for the
defendant as follows, viz
l. That all vouchers for the legal fees of the clerk aor
ney, marshall witnesses and jurors in criminal prosecu-
ons if certified and examined by the court or one OF the
judges thereof must be passed in the usual manner at and
the thereof paid OF the Treasury OF the United
States and that the jury must allow to the defendant all such
items ard that the certificate and examination by the court
or Judge such cases. under the 4h section OF the act OF
1892 conclusive Of the legality Of said fees, and final
and that the accounting officers at Washington cannot look
behind tina, ceiicate-Ac 9Th May, 1892, A. VOL l,
Statutes Large page 277 Opinions Judge Story and
Chief Justice Taney file in the clerks Office.
That by the 4h section above referred to the Judge is made
the auditing officer Of the Treasury Department. much
any other auditor in the Treasury Department at Washing-
When accounts allowed and examined by the Judge
instruct you give credit TO the defendant Congress
hiss clothed the Judge with authority auditing officer,
and the competent to judge and accounts
allowed, are to b, paid.
They go behind the certificate of the Judge at
Washington and he the judge court has passed on the
account the door is closed against the Government; is
fnaL and the accounts not to be again disturbed
2 That the compensation of the marshal and other off,
GERS OF the Court in In this district DO not re-
que the examination and certificate the Judge but fixed
by the act Of s4 which provides that oI only services n-
cludng the compensation for meage performed by said Off
GERS, (masha clerk, aorney in the discharge of their
official duties, for which compensation provided by
the law Of the State Of Michigan the Sd of March, ls4l
(he day of the passage Of said such officers shall
ceive such fees March 8, S4l allowed by law
according the eng and practice of the said courts
of the United States 8. Statutes at Large, volume g.
page 437
of said act there compensation allowed by the laws
of the State Of Michigan TO either the sheriff. clerk at
torneys of the State courts and that consequently the
pensaion of the marshall clerk and attorneys in civil
pending in the courts of this district to be taxed and al
lowed according the esiig usage and practice Of said
Courts Of the United Saies the Sd of March, 1851
A. That the practice and usage existing in the Courts of
the United States on the Sd Of March, s4 established
in civil by the rules of this Court Nos that
all rejected items the defendants account in CIVIL matters
taxed and allowed according to the said rules allowed
by law, according the March 8, ls4l EXISTING
usage and practice Of the Courts of the United States for
this State, and that the defendant is entitled credit for
each voucher taxed and certified under said rules.
5. That if the Jury find from the vouchers adduced in
criminal prosecutions that the have been examined
and certified by the court of the Judges thereof they
will allow to the defendant all such vouchers and they find
from the vouchers adduced by the defendant in civil
that the taxed and certified according the
and practice of the Circuit Court of the United States" o
this district existed the Sd of March, ls4 they will
then allow all such vouchers credits the defendant
of l792.-Act of March 3, ls4l.
After hearing the charge Of the Court the jury retired and
after few minutes consutaon allowed to the defendant
the items rejected by the Comptroller and rendered vedc
in favor of the United States for S3.35 cents.
GEoReE G. BATES, u s. District Attorney, for plaintiff
d. b. DurrIELD, Esq. for defendant.