Page:Federal Reporter, 1st Series, Volume 2.djvu/501

 494 jmdvràXi bkpobtbb. �In re United States vs. Oiqabs, ete. �(Dùtriet Court, E. D. Pennsylvania. Hlay 25, 1880.) �Fees— Retention of bt Opficebs of Court in Retende Cases— Pba(v TiCB. — In revenue cases, when the government is successful, the district Bttorney, clerk and marshal may retain their fees ont of the moneys col- lected as in otber cases �Bamb — AcTS OF CoNGBESS — CONSTRUCTION OF. — Sections856 and 3216 of the Revised Statutes, providing that the fees for which the Dnited States are liable shall be paid on the settlement of the officers' accounts, and that costs recovered by the government shall be paid to the collector of internai revenue, relate only to cases in -which the government is unsuc- oessf ul, and to cases in which it has paid fees in the progress of the cause, and subsequently recovered them,as costs. �Bame — Circuit Court. — Concurring opinion by circuit judge establish- ing same rule for circuit court. �Bamb— Payment into Court — Practice. — The practice of paying the entire amount recovered, including fees, into court, in such cases, ap- proved. �Thia was a motion for an order to pay the local collector of internai revenue the whole fund recovered by the govern- ment in certain revenue cases, and paid into the registry of the court, including the fees, costs, charges and expenses of the officers of the court. The only question raised by the motion was whether the fees of the officers might be retained by them, or should be paid to the collector. �John K. Valentine, U. S. District Attorney, for the motion. �A. Sydney Biddle, contra. �Butler, D. J. This motion contemplates a change of practice, respecting the officers' fees in revenue cases. Here- tofore, the fees, in these, as in other cases, have been retained by the officers when coUected and received, and accounted for in their semi-annual returng. Now, it is claimed, that the amount should be paid over to the internai revenue de- partment, through the collector, and the officers look to the treasury for its return. �That the practice heretofore pursued conformed to the law, as it existed prior to the aot of June 30, 1864, re-enacted �•Preparedby Frank P. Pritchard, of the Philadelphia Bai. ����