Page:United States Statutes at Large Volume 58 Part 1.djvu/764

 PUBLIC LAWS-CH. 414 -SEPT. 27, 1944 Fee oninstitution "SEC. 2. Upon the institution of any suit or proceeding, whether ofu orproc by original process, removal, indictment, information, or otherwise, there shall be paid by the party or parties so instituting such suit or proceeding, as fees of the clerk for all services to be performed by him in such case or proceeding, except as hereinafter provided, Criminal case. the sum of $15: Provided, however, That the clerk shall not be required to account for any such fee not collected by him in any Collection. criminal case: Provided further, That nothing herein contained shall prohibit the court from directing by rule or standing order the col- lection at the time the services are rendered of the fees herein enu- merated from either party, but all such fees shall be taxed as costs in the respective cases." 483t. 857 SEC. 2. Sections 3, 4, and 7 of the Act entitled "An Act to provide 2 .V. c. i S50, fees to be charged by clerks of the district courts of the United I 55o. II States", approved February 11, 1925, as amended, are hereby repealed. SEC. 3. Section 5 of the Act entitled "An Act to provide fees to be charged by clerks of the district courts of the United States", 4sUt.st. 752 approved February 11, 1925, as amended, is amended to read as follows: ceorar. or writ ° "SEC. 5 . Upon the filing of any separate or joint notice of appeal or petition for appeal (including assignment of errors) to any circuit court of appeals or the Supreme Court of the United States, or upon the receipt of any order allowing or notice of the allowance of an appeal or of a writ of certiorari from an appellate court, there shall be paid by the party or parties prosecuting such appeal or procuring such writ of certiorari, as an additional fee in said suit or action, or proceeding in bankruptcy, the sum of $5." 43 Stai.87i SE. 4 . Section 6 of the Act entitled "An Act to provide fees to be charged by clerks of the district courts of the United States", approved February 11, 1925, as amended, is amended to read as follows: ordeyoratton or' "SEC. 6 . Upon the filing of any petition or application for a writ cer appeal. of habeas corpus, or appeal from a deportation order of a United States commissioner, there shall be charged and collected by the clerk, from the petitioner or applicant, as full payment for all services performed or to be performed by him in said proceeding, the sum of $5." 2 Uts8 ^. s.. SEC. 5. Section 8 of the Act entitled "An Act to provide fees to supp. III, I 5. be charged by clerks of the district courts of the United States", approved February 11, 1925, as amended, is amended to read as follows: ke. ane srv- S "SEC. 8 . In addition to the fees for services rendered in cases, hereinbefore enumerated, the clerk shall charge and collect, for mis- cellaneous services performed by him, except when on behalf of the United States, reasonable fees which shall be prescribed from time to time by the Judicial Conference of Senior Circuit Judges: Pro- Certain criminal vided, That in each criminal case not provided for in section 1033 Requests of defend- of the Revised Statutes of the United States the clerk shall furnish ants. 18 . S.C. 562. each defendant, upon his request, a copy of any information filed or indictment returned against him, the fees for said copy and the certificate thereto, at the rates fixed as herein provided for, to be taxed as costs; but such fees shall not be demanded of any such defendant unless and until by order, judgment or decree of the court the costs in the case are assessed against him." Prior or pendin SEC. 6. This amendatory Act shall take effect thirty days after its sits,- enactment: Provided, That in all suits or actions or proceedings instituted prior to and pending of record on the effective date of this amendatory Act, fees for services thereafter performed by clerks of district courts of the United States shall be charged and collected as 744 [58 STAT.

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