WOOSTEH ·v.”'HANDY.. 5].
The questions to beconsidered arisemainly under the statutory
provisions in regard to fees and costs. The fee bill of February 26,
1853, (10 St. at Large, 161,) provided as follows:
Section 1. "In lieu of the compensation now allowed by law to attorneys,
solicitors, and proctors in the United States courts, * * * witnesses
* * t* in the several states, the following and no other compensation shall
be taxed and allowed. But this act shall not be construed to prohibit attor-
neys, solicitors, and proctors from charging to and receiving from their cli-
ents, other than the government, such reasonable compensation for their serv-
ices, in addition to the taxable costs, as may be in accordance with general
usage in their respective states, or may be agreed upon between the parties.
"Fnns or Arronnnrs, Somcrcrons, AND Pnoorons. In a trial before a
jury in civil and criminal causes, or before referees, or on a final hearing in
equity or admiralty, a docket fee of twenty dollars. Provided, that in cases
in admiralty and maritime jurisdiction, where the libelant shall recover less
than tifty dollars, the docket fee of the proctor shall be but ten dollars; in
cases at law, where judgment is rendered without a jury, ten dollars, and tive
dollars where a cause is discontinued; for scire facias, and other proceedings
in recognizances, live dollars; for each deposition taken and admitted as evi-
dence in the cause, two dollars and fifty cents."
"Sec. 3. * * * Wrr1~:nss12s’ Fans. For each day’s attendance in court,
or before any oiiicer pursuant to law, one dollar and fifty cents, and live cents
per mile for traveling from his place of residence to said place of trial or
hearing, and nve cents per mile for returning. When a witness is subpoe·
naed in more than one cause between the same parties in different suits at
the same court, but one travel fee and one per diem compensation shall be
allowed for attendance, to be taxed in the iirst case disposed of, and • per
diem ’ only in the other causes, to be taxed from that time in each case, in
the order in which they may be disposed of. * * * The bill of fees of
clerk, marshal, and attorneys, and the amount paid printers and witnesses,
and lawful fees for exempliiications and copies of papers necessarily obtained
for use on trial in cases where by law costs are recoverable in favor of the pre-
vailing party, shall be taxed by a judge or clerk of the court, and be included
in and form a portion of a judgment or decree against the losing party.
* * * That before any bill of costs shall be taxed by any judge or other
oincer, or allowed by any ofllcer of the treasury, in favor of clerks, marshals,
commissioners, or district attorneys, the party claiming such bill shall prove,
by his own oath, or some other person having a knowledge of the facts, to be
attached to such bill and filed therewith, that the services charged therein
have been actually and necessarily performed as therein stated."
The foregoing provisions appear in the following form in the Re-
vised Statutes:
"Sec. 823. The following, and no other, compensation shall be taxed and
allowed to attorneys, solicitors, and proctors in the courts of the United
States,.t0 * * * witnesses * * * in the several states and territories,
except inicases otherwise expressly provided by law. But nothing herein
shall be construed to prohibit attorneys, solicitors, and proctors from charg-
ing to and receiving from their clients, other than the government, such rea-
sonable compensation for their services, in addition to the taxable costs, as »
may be in accordance with general usage in their respective states, or may be
agreed upon between the parties. ,
’ "}?`1::ms or-Arrormnrs, Somorrorzs, Ann Pnoorons. Sec. 824. On a trial
before a jury, in civil or criminal causes, or before referees, or on a final hear-
ing in equityor admiralty, a docket fee of twenty dollars: provided, that in