Page:Federal Reporter, 1st Series, Volume 6.djvu/479

 STRAFER V: CARR. 467 �which the t)laintiff objecta io, and files this motion to retax the costs as to that particular item. The plaintiff claims that by the laws of the United States there should have been taxed a dockot fee of five dollars instead of twenty. Whether the docket fee shall be five or. twenty dollars depends upon the construction of section 82e ,of the U. S. Kevised Stat- utes. This section provides, anaong other fees of attomey, that there shall be, "on a trial before a jury in civil or criminal causes, or before referees, or on a final hearing in equity or admiralty, a docliet fee of $20, providing that in cases of admiralty and maritime jurisdiction, where the libellant recovexS: less than $50, the docket fee of his proctor shall be but $10; in cases at law where judgment is rendered without a jury, $10; in cases at lavr where the cause is dis- continues, $6." These aire the only provisions of law which bear upon the question ^iesented,. and its determination de- pends Upon the construction which shall be given to them. . TJbe defendant claims that whea a jury bas been empan- nelled and the case fully submitted to it for determination, it isa "trial before a jury" within the letter and spirit of the law, although they may be unable to agree and shall be dis- charged. But the plaintiff claims that such a trial is not a "trial before a .jury," as rccntemplated by this law, but in order to bring it within the provisions of the law it niust have been a trial which resulted in a -verdict by which the rights of the parties should be determined. The other provisions by which docket fees are given are only upon the existence of Jthe ineans by Tyliich- the ,cas,e is finally. disposed of. In equity and admiralty it is uponi the final hearing; in cases at law where judgment is rendered without a jury; and in cases at.Jaw where the cause is discontiiinea. I know it may be said that the purpose of the law was to give a docket fee in proportion to the labor performed, and in this view it was as much a "trial before a jury" as if they had agreed; but so it ruay be said that there might have been a hearing in equity which involved more labor than the final hearing, but it is only upon & final hearing that a docket fee is tobe taxed. In a general sense it may be true that there had been a "trial ��� �