Page:United States Statutes at Large Volume 31.djvu/504

 452 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. action or proceeding therein, by the payment of certain sums of money, as rovided in this cha ter, w ich are denominated trial fees. ‘““°“‘"°‘· §)EC. 756. The trial flee is as follows: First. In the district court, for every trial by jury, twelve dollars; for every trial by the court, six dollars; for every judgment given without trial, three dollars; Second. In j]ustice’s court, for every trial by jury, six dollars. ,,u*§,?§§,‘f§§d *‘” ‘““' SEO. 757. T e trial fee is to be(pa1d by the plaintiff, appellant, or moving] party before he is entitle to or can claim the trial or other procee ing upon which such fee is imposed; and if the party paying such fee prevail in the action, or proceeding, so as to be entitled to recover costs therein, such fee shal be allowed and taxed as a disbursement and collected off the adverse party. _ ueiudbx p‘§;{P°'°’¥°“ Sec. 758. When the United States or any public corporation is a party to a judicial roceeding it need not pay the trial fee in advance, and if it be entitled) to recover costs therein, such fee shall be allowed and taxed in its favor as a disbursement and collected off the adverse ·_ party as in ordinary cases. ‘ 4 w},‘gnJ§§f,°‘{§ §,‘§,‘},§§; Sec., 759. The trial fee in a gusticefs court shall be paid to the justice paid- for the demand for a ljury, an unless so paid the demand shall be disregarded and the tria proceed as if no such demand had been made, excelpt when a party is prosecuted in a criminal action at the suit of the nited States, in which case the party is entitled to a jury trial without the prepayment of such fee; and 1f judgment be iven a inst him, the fee shall be allowed and taxed in favor of the lInited States as other disbursements in ordinary cases. p°Y,‘;h,$,”p“{’“'°Y *°° Sec. 760. If at any time it appear to the satisfaction of the court or ` jludge thereof, from the andavit of the party or other evidence, that e can not pay the trial fee, such court or judge may direct that he be allowed to proceed without the prepayment thereof; but if such party prevail ,so.~·as to be entitled to co lect such fee as a disbursement off the adverse party, when collected it shall be retained by the clerk as if paid in advance. _, w'{¤,}g£{g;k*° *>° P°id Sec. 761. Theitrial fees shall be paid to the clerk of the court, who ` shall keep a regular account of them and by whom paid in his fee book, an deposit them in the manner provided in the case of other moneys collected by virtue of his office. c°'f,;{¤**¤°i¤i“¤**°°’¤ SEc. 762. In justice’s court the trial fee shall be paid to a justice ` He shall keep anaccount of them and by whom pa1d, and distribute the amount among the jury in the particular case in payment of their legal fees. _ " ’ CHAPTER SEVENTY-NINE. or GENERAL PROVISIONS 11Es1·EcT1NG THE ADMINISTRATION or ESTATES. Sec. Sec. _ 763. Probate jurisdiction of commis- 767. Index to such books. sioner. 768. Costs and disbursements. 764. Forms of pleadings. I 769. Orders and decrees for the payment 765. Nature of procedure. of money, how enforced. 766. Books and records. . ukcgate. irpésdic- SE-o. 763. The commissioners appointed in pursuance of this Abt and °° ° °°mm °°°" other laws of the United States have jurisdiction within their res ctive precincts, subject to the supervision of the district judge, in allwtestamentary and probate matters; that is, First. To take proof. of wills; Second. To grant and revoke letters testamentary, of administration, and of uardianship;. . Thing To-dinect and control the conduct and settle the accounts of executors, adridinistrators, and guardians; · ·