Page:Federal Reporter, 1st Series, Volume 7.djvu/720

 708 FEDERAL REPORTER. �clerk had searched against such name and had found noth- ing, -when in fact there was a lien of record against such name. Fortunately, in that aase, the clerk had been able to show the fact that' the name had been inserted subsequently; but the danger to which the elerk was exposed in parting with the original requisition, induced the judges to advise the clerks of the circuit and district courts for this district that it was proper for them to retain and place on file the original requisition, and to give a certificate in due form, on another paper, of the resuit of the search, in such manner as to iden- tify the certificate with the requisition. In carrying out thia System, three objects must be had in view: (1) To protect the clerk, who may be responsible in damages for an incor- rect search ; (2) to charge no more than legal fees ; (3) to have a uniform System in the two United States courts for this district. �The Mlowing provisions are found in section 828 of the Kevised Statutes, among the fees allowed to the clerks of the two courts : �"For fllIDg aud entering every declaration, plea, or other paper, 10 cents;" "for entering any return, rule, order, continuance, judgment, decree, or recognizance, or drawing any bond, or making any record, certificate, return, or report, for each folio, [of 100 words,] 15 cents;" "for afflxing the seal of the court to any instrument, when required, 20 cents;" "for searching the records of the court for judgments, decrees, or other instruments constituting a general lien on real estate, and certi- fying the resuit of such search, 15 cents for each peraon against whom such search is required to be made." �It is contended for the petitioner that the requisition �required the clerk to do only that for which, by the foregoing �provisions, he was authorized to charge 15 cents, and that �the folio provision for making a certificate does not relate to �a certificate of the resuit of a search for liens on real estate, �as that is provided for in the charge of 15 cents for each per- �son against whom a search is required to be made. It is �proper that the clerk should file the requisition for a search, �and charge 10 cents for doing so. This is necessary for the �protection of the clerk, and his search is an officiai act made by �him as clerk. The charge of 15 cents for each person against �whom a search is required to be made, authorized for search- ��� �