Page:Federal Reporter, 1st Series, Volume 2.djvu/504

 IN BB UNITED STATES V. «ISARS. e07 �the payment, and send the ol'fiuers to avio-.lic ùopartmcnt to recover them back, sunh a piirpose will iiot be attributed to the statuts in the absence of plain terins to that efïect. �This interpretation gives full force to the language of tho Btatute, and, I have no doubt, to its purpose. The f^.istinction between costs to which asuecessful party is entitled, and /ces belonging to an officer, is well understood by the profession, and is judically stated by the court in Messer v. Good, 1 S. & E. 248, and again in Beale v. The Commonwealth, before cited. In the former case the court says: "Costs are an allowance to a party for expenses incurred in condueting his suit ; fees are a compensation to an ojicer for services ren- dered in the progress of the cause." The act of 1866, mani- festly, recognizes this distinction, and -was npt intended to affect the officers referred to, by taking possession of their fees, but simply to turn the money coming to the government, in the form of costs, from revenue cases, into another depart- ment, more appropriate for its reception. �The entire amount collected in the cases referred to, has been paid into court ; and we regard this as a proper practice, as it affords ail persons interested an opportunity of contesting the officers' claims. �The motion is therefore denied. �McKennan, g. J. The statutes referred to in the opinion of the district judge apply as well to the disposition of money collected or paid under proceedings in the circuit court as to money in the custody of the district court. Hence it was desired that the circuit judge should sit with the district judge at the argument of the motion. �The questions involved in it were argued with great fulbiess and ability, and the foregoing opinion is the resuit of our con- current judgment. It is to be understood, therefore, as prac- tically an adjudication by both courts, and as establishing the rule by which similar applications will be determined by the circuit court. ���v.2,no.5— 32 ����