Savannah morning news. [volume] (Savannah) 1868-1887, 1884-12-05
CouRT OFFICIALS. COSTS.

Judge Boarman Establishes a Prece-
dent in the United states Court for
the Regulation of Marshals' and
Clerks Costs.
A report was received in the United
States Court yesterday from Capt. George
A. Mercer, :. B. Adams, Esq. and Col.
James Atkins, referees in the matter OF
the costs Of the United States Marshal
and Clerks Of the United states Court
in the case Of the consolidated libels
against the bark Thomas Fletcher, which
we're contested by W. VI. Hayward, Esq,
as being illegal or excessive.
The referees first take up the Marsha's
fees The charge Of 500 for preparing
copies, objected to on the ground or in
defniteness. and no provision being made
in the statute, is allowed. The exception
to the charge by the Marshal for
mileage, cents a mile for 1l2
miles in each Of the four cases,
on the ground that the papers were sent
BY mail and served by resident Deputy
| at Brunswick. is sustained. The referees
saw: seThe Marshal can charge mileage
| only when he has performed actual traVel
and that both reason and authority, ana
particularly the act Of Congress OF req
| %. $50. prohibit charge for constructive
| mileage" The Marsha's charge OF - iOr
/ attendance on the court on the return day
Of the monitiOn excepted to on the ground
| that the court was not IN session ana
/ the Marshal only made proclamation be-
/ fore the Clerk is disallOwed. The
! referees say in this case that the
| Marshal is only entitled under the
| language Of the fee bill to s. for attend
/ ance on the court when actually IN
| session. and in such case ne received MS
| attendance fee from the United States. 1t
/ was shown TO have been the custom OF
the Narshars Office to make this charge
| since the adoption Of admiralty rule No.
| in this district. which made the attach
| meut returnable before the Clerk instead
| of before the court. Attendance before
! the Clerk is not attendance upon the
court. and the charge is disallOwed. The
| Marshal is entitled 10 the fee OF 80 cents
| for making proclamation before the CLERK.
The finding in the exception 10 dlsourse-
| ments is that the Marshal has the Voucn-
ers. and there is no evidence that he was
at anv time unwilling to show them.
| ONLY one Of the claims in the bill OF
| costs Of Mr.. Erwin. Clerk Of the District
Court. is disallOWed-that Of 81 for at
| tendance on the court on return day. The
referees state that such claims have been
allowed all clerks since 1867, but the
| claim is disallOwed for the same reason as
with the similar charge by the Marshal.
In the objection 10 the District Clerks
| charges for certificate TO the order for pro-
| cess. on the ground that the practice did
| not require il. the referees ind that
the charge is correct; the process was
| authenticated bv the Clerk and the al
testatiOn is cOmpTehended by the word
certificate. The charge for the certih-
cate to the orders for default is sustained
| for the same reason. The charge fOT
drawing notices for publication Of at
tachment, objected TO because it was the
| duty or the Marshal and charged for by
| him. is sustained, the finding being that
/ Il has been the practice in this district
for the Clerk 10 prepare the notices WITH
out objection from the Marshal, and the
/ Clerk prepared the notices charged for.
I Tce objection to the charge for drawing
stipulatiOns on the ground that II was
done by the prOcJOrs is not sustained, as
il is shown that the prOctCrs merely nlled
! IN blanks which had been printed at the
| Clerks expense, and the Clerk is entitled
10 the fee allowed for drawing any
| bond. On the objection to the charge
of SO 30 for the final record on the
ground that unnecessary papers were re-
co ded. the referees lind that the Clerk
has not abused his discretion, and that II
the parties had objection to any proceed
| fngs being recorded the Clerk should have
been notified before the record was made.
The finding on the objection to the l per
cent. commission charged by the Clerk
on S7,973 y is that he is entitled to ii
within the meaning of the law. The charge
for separate indexes, etc, IN the four
cases is sustained on the ground that they
were made before the order was taken
consolidating them.
In the matter of the objection to the
charge of SOL made by the Clerk OF the
Circuit Court for the final record the refe
rees decide that the Clerk should only
have recorded such pleadings as origlna
ted in that court. and 50 much OF the
charge for final record as was for record
ing the transcript is disallOwed. The ref
erees were unanimous on all the questions
/ decided BY the report except the last one
upon which Capt. Mercer and Mr.. Adam:
agreed, Col. Atkins not expressing any
opinion.
Judge BOarman confirmed the referees
report on all points except as to the qu5s
ton whether the final record in the Circuit
Court should contain the transcript sem
Cd from the District Court. Mr.. King
, tue Clerk Of the Circuit Court, having
excepted TO the report on this point
Judge BOarman made an order allowing
the parties at interest to submit the ques
, ton Of law involved, by brief, to Judge
Pardee who heard the cause and rendered
the decree in the case. On all Otherques
tiOns. Judge BOarman SAID the repOr
must be accepted as a precedent in this
district