Page:United States Statutes at Large Volume 5.djvu/520



Treasury, a sum exceeding six thousand dollars per year, or at and after that rate, for such time as he shall hold the office; and every such officer shall, with each such return made by him, pay into the Treasury of the United States, or deposite to the credit of the Treasurer thereof, as he may be directed by the Secretary of the Treasury, any surplus of the fees and emoluments of his office, which his half-yearly return so made as aforesaid shall show to exist over and above the compensation and allowances hereinbefore authorized to be retained and paid by him. And in every case where the return of any such officer shall show that a surplus may exist, the said Secretary of the Treasury shall cause such returns to be carefully examined and the accounts and disbursements to be regularly audited by the proper officers of his Department, and an account to be opened with such officer in proper books to be provided for that purpose, and the allowances for personal compensation for each calendar year shall be made from the fees and emoluments of that year, and not otherwise: And provided, further, That nothing in any existing law of Congress authorizing the payment of a per diem compensation to a district attorney, clerk of a district court, or clerk of a circuit court, or marshal, or deputy marshal, for attendance upon the district or circuit courts during their sittings, shall be so construed as to authorize any such payment to any one of those officers for attendance upon either of those courts, while sitting for the transaction of business under the merely, or for any portion of the time for which either of the said courts may be held open, or in session, by the authority conferred in that law; and no such charge, in an account for any such officer, shall be certified as payable, or shall be allowed and paid out of the money hereinbefore appropriated for defraying the expenses of the courts of the United States, unless such district attorney, clerk, or marshal, shall be required by the judge of said court or the Solicitor of the Treasury to attend the sessions of the same, and shall actually attend for the performance of the duties of his said office. And no per diem or other allowance shall be made to any such officer for attendance at rule days, of the circuit or district courts, and when the circuit and district courts sit at the same time, no greater per diem or other allowance shall be made to any such officer than for an attendance on one court: And provided further, That the district attorney, marshal, clerk of the circuit court and clerk of the district court of the United States for the northern and southern districts of New York, shall not hereafter receive any greater or other fees and emoluments, including fees and emoluments under the act entitled “,” for services rendered by them, respectively, in the said courts, than now are or hereafter may be allowed by the laws of the State of New York to attorneys, solicitors, counsel, sheriffs, and clerks, in the highest courts of law or equity, of original jurisdiction, of the State of New York, according to the nature of the proceedings, for like services rendered therein: Provided, That no part of the fund hereby appropriated, shall be applied unless in addition to the certificates now required by law, the clerk of the said court shall certify in his official capacity, that the services have been rendered, and the supplies furnished for, and used by the court, and that the charges therefor were legal and proper.

Miscellaneous.―No. 168. Annuities and grants: Josiah H. Webb, per, fifty dollars; Rachel Dohrman, per , three hundred dollars; Elizabeth C. Perry, per , four hundred dollars; Elizabeth M. Perry, per , one hundred and fifty dollars; making in all nine hundred dollars.

No. 169. For survey of the coast of the United States, including