Page:United States Statutes at Large Volume 47 Part 1.djvu/1028

 1 004 72d C ONGRESS. SESS. II. CH. 127. FE BRU ARY 27, 1933 . shall have the force of a final judgment. S uch de clara tion may be 'had before there has been any breach of the obligation in respect to which said decla ration is sought. Powers noteseroised ' when. SEC. 540. PowER NOT EXERCISED WHEN .-The court may refuse to exercise the power granted by this subchapter in any case where its declaration or determination is not necessary or proper at the time Other remedies not under all the circumstances. affected. SEC. 541. OTHER REMEDIES NOT AFFECTED.-The remedies provided by this sub-chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party to such action, and no judgment under this sub- chapt er sha ll pr eclud e any party from obtai ning addit ional relief based upon the same facts. ETC., 'DST1 O CH APT ER 17.-FEES ; COSTS AND SECURITY FOR COSTS A N DESCA AGITS- IN THE DIS TRICT AND MAGISTRATE S' COURTS Fees in general. FEES IN G ENERAL S cIBo fees only, to SEC. 542. LAwifut TO DEMAND SPECIFIC FEES ONLY .-It shall be law- be dimanaedc ful for the clerk of the district court, referees, and commissioners appointed by t he district cour t, the marshal, magistrates, con stables, and other officers and persons hereinafter mentioned, together with their assistan ts and deputies, to demand, and receive, the her einafter menti oned fees and no more ; but all fees collected by officers draw- ing a re gu lar salary or fixed compensation fr om the Government shall be paid over to the Collector of the Panama Canal. services Dooket tees, for SEC. 543 . DOCKET FEES AND OTHER DEPOSITS FOR SERVICES OF CLERK magistrate. clerk or OR MA GISTR ATE. -The U nited Stat es of Ameri ca, t he Gov ernme nt of the Canal Zone, and the Panama Canal, or any officer thereof who sues or is sued in his official capacity, shall not be required to pay any costs for the bringing or defending of an action. Every ,other plaintiff iii a civil action commenced in the district court, except as hereinafter designated, shall deposit with the clerk or assistant clerk thereof a docket fee of $8 upon the filing of the complaint. An inter venor wh o is all owed to interven e therein shall d eposit $ 5 upon the filing of the p etition of inter vention. A plaintiff in a habeas c orpus, m andamus, certior ari, or prohibiti on proce eding, o r any other special proceeding, except a probate or guardianship pro- ceeding, shall deposit $3 upon the filing of the complaint. Such sum or sums so deposited shall be full compensation for the clerk or assistant clerk for all services performed in any such action or proceeding, except lawful copy fees for furnishing copies of any paper or record therein. Any other plaintiff in a civil action com- menced in a magistrate's court at the time of commencing the action shall deposit a docket fee of $3. An intervenor who intervenes therein shall deposit a fee of $1 at the time of appearance. Su ch sum o r s li ms so deposited sha ll be full compe nsation for all s ervices of the magistrate in said action ; except that lawful copy fees may be ch arg ed and collected for furnishing copies of any paper or record therein. jury fees. SEC. 544. JURY FEE .-Any party to a civil case in the district court, who demands, a trial by jury, shall accompany said demand with a deposit of $10 as a jury fee ; and - unless such deposit is made, the case shall be tried without the intervention of a jury. Probate, eta, fees. SEC. 545 . FE ES IN PROB ATE AND G UARDIANSHIP MATTERS .-The fees for the services of the clerk or assistant clerk 6f the district court in probate and guardianship matters shall be as follows : Where the value of the estate does not exceed $1,000, $3 ; where the value of