The New York herald., 1851-11-01
L. 5. Circuit Court, Detroit. Michigan.


bsioIe the Hon judges Mel can and Wiikio-.
Tlc Lnltd States Is. Joshtsa HOrard, tIts ffUShal
ef Nj hgen Action OF assumpsit, to recover ba-
lance due from defendant Of el lib H. ia bis hands,
for which be bad presented vouchers which re-
jected BY the accounting officers in Washington,
although they were duly certified, taxed and allow
ed by the Court, Of the Judges thereof After
the Iresontston Of such vouchers all of which, savo
ore, had been presented TO the Auditor and g. omp-
uoler, and by them rejected as credits to the dc.
hLdans, the court charged the jury on tho several
points presented by the counsel for the defendant as
follows, viz i-I That all vouchers for the legal
fees Of the clerk, attorney, marshal, witnesses
and Jurors, in " criminal prose cutions," IL certified
ard examined by the court, or one Of the judges
thereof, must be passed in the usual m snner at,
end the amount thereof paid out Of the Treasury Of
the United States, and that the jury must allow TO
the defen dant ell tuch items aud that the certi-
cate ard exam ton by the court judge, in such
cases, vi der the 9Th section of act 1I, 10 concu
siye Of the legality Of saii fees, and final aud
that the accounting officers at Washington city
cannot look behind that certificate (Act sth May,
lT2 soc 4, vol. !, aiutes at Large, on page 27.-
Opinions Of Judge Story and Chief ustice fancy,
Gle in the Clerks Office That by ith section, above
Te.cued to, the judge is made the auditing officer
Of the Treasury Department, a, much as any other
auditor in the Treasury Department at Washing
ton. When accounts are allowed and examined
by the Judge, instruct you to give credit to the
def ncant Congrefs has clothed the Judge with
suihoriiy as an auditing officer, and the
most eompetent to jutge and IL accounts are once
&iONtus Hic ~ uc IAius lucy CaIuOt kO oeuluu Tue
certificate Of the Judge at Washington, and ifhe,
the Judge, or Court, has passsd the account the
door is closed against the government IL is fual,
and the accounts are not 70 be sgaa disturbed III.
That the comIt nsstion Of the Marshal, and other
officers Of the Court, in civil cases. In this district,
do rot require the examination and certificate
Of the Judge-tbcy are fixed by the act Of 1911,
which provides that for any services, Gncludng
the comp.psation for mieage,) performed By said
officers (Marsbal, Clerk, or Attorney) in the dis
charge Of their Official duties for which no compen-
sstion vas provided by the Law Of the State Of
Micbigsn en- the third Of March, 1911, (the day Of
the rassage Of said sct) such officers shall receive
su fees as are now, (March ., ISL y allowed by
law, sccordirg to the existing usage and practice
CT the raid courts of the United states -(U. :. sta
Siss at vol Page M III That os On is the
act, there was no compensation allowed by the
laws of the state Of Michigan TO either the Sheriff,
Clerk OF Attorneys OF the State courts, and that,
consequently, the compensation Of the Marshal,
courts Of this district to be taxed and allowed
" according to the existing usage and practice Of
sad courts Of the United States, on the third Of
March, 1sil. Nv. That the practice and usage so
existing in the courts Of the United States, on the
third OF March, ISL were established In civil cases
by the rules Of this court-No.'sT0 n, IL T3--that
all rejected items in the defendants accounts, In
civil matters, taxed and alo red according TO the
ssid rules, were "alowed BY law according /, the
then (Msrch 3, lSil) existing usage and pra ,tice
OF the courts OF the United States for this State;
and that the defendant Is entitled TO q credit for
each voucher so taxed and certified under said rules
V. That If the jury find from the vouchers id1ced
in " criminal prose cutions" that the same have
been examined and certified by the court or one Of
the judges thereof, they will allow to the defendaut
all such vouchers; and If they fnd from the vouch-
ers sdductd by the defendant in civil cases, that
the same are taxed and certified 3" according TO the
usage and practice of the Circuit Court OF the
United states" for this district, az IL existed on the
third Of March, 1871, they will then allow all such
vouchers IS credits 10 the defendant (Act Of 17y2
Act Of March 3, lS4l
After hearing the charge OF the Court the jury
retired, and after few minutes consultation, al
lowed to the defendant all the items rejected By the
Comptroller, and rendered verdict In favor Of the
United states, for 90 30.
ti-.a..s, I. =. plGs.d, Esq tos ae.endsa..