Page:Federal Reporter, 1st Series, Volume 5.djvu/454

 442 FEDERAL REPORTER. �imder the instructions of the sficretary of the treasury. "We cannot see the difference between the responsibility of the government for mandatory and neeessary costs incurred in the defence of cases against special deputy marshals, acting in discharge of their duties under provisions of section 643 aforesaid, and the thus-admitted responsibility of the United States for costs incurred in defence of revenue officiais under the same section. The clerk's aceount for this service is- therefore approved. �With regard to the other point, section 19, act of June 22, 1874, docs undoubtedly require, under heavy penalties, the clerk to report to the attorney general "the number of ail such cases [bankruptcy] disposed of," and "the disposition of ail such cases." This requisition makes it imperative upon th& clerk to examine and search ail pending cases in bankruptcy for decrees of bankrupt's adjudication, of bankrupt's dis- charge, and of the assignee's discharge, in order to make up the report required, and if such search came within the lit- eral terms of the fee bill, section 828, U. S, Eev. St., the elaim would unquestionably be valid. The words of the section upon whieh the elaim is made are as follows : "For every Bearch for any particular mortgage, judgment, or other lien, 16 cents." �It is true that an adjudication of bankruptcy is a "deoree," and the fee for the search for a decree is 15 cents, and if the act stopped here the clerk would be entitled; but it goes fur- ther : the language is, "decree or other lien." An adjudication of bankruptcy is not a decree establishing or constituting a lien. It is generally of an opposite character, and operates to prevent the acquisition of liens. The services, therefore, are not technically and literally within the terms of the act, and although doubtless much more troublesome and difficult to make than an ordinary search, the charge for the same must be disallowed. �The aecounts will therefore be passed upon the neeessary alterations being made. ����