52 rnnnnm ·~BEPOR'1'1IB·
cases of admiralty and maritime jurisdiction, where the libelant recovers less
than fifty dollars, the docket fee of his proctor shall be but ten dollars. In
cases at law, when judgment is rendered without a jury, ten dollars. In cases
at law, when the cause is discontinued, five dollars. For scircfacias, and
other proceedings on recognizances, Eve dollars. For each deposition taken
and admitted in evidence in a cause, two dollars and fifty cents."
"WITNESSES’ Finns. Sec. 848. For each day’s attendance in court, or be-
fore any oiiicer pursuant to law, one dollar and fifty cents, and five cents a
mile for going from his place of residence to the place of trial or hearing, and
five cents a mile for returning. When a witness is subpoenaed in more than
one cause between the same parties, at the same court, only one travel fee
and one per diem compensation shall be allowed for attendance. Both shall
be taxed in the case first disposed of, after which the per diem attendance fee
alone shall be taxed in the other cases in the order in which they are disposed
of."
"Sec. 983. The bill of fees of the clerk, marshal, and attorney, and the
amount paid printers and witnesses, and lawful fees for exeinplifications and
copies of papers necessarily obtained for use on trials in cases where by law
costs are recoverable in favor of the prevailing party, shall be taxed by a
judge or clerk of the court, and be included in and form a portion of a judg-
ment or decree against the losing party."
_ "Sec. 984. Beforeany bill of costs shall be taxed by any judge or other ofii-
cer, or allowed by any officer of the treasury, in favor of clerks, marshals,
commissioners, or district attorneys, the party claiming such bill shall prove
by his own oath. or that of 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 objections taken bythe defendants to the disallowance of items
which were disallowed will first be considered.
1. Docket fees. In suits Nos. 1, 9 and 10, a solicitor’s docket
fee in each case was claimed, of $20, for each one of the two hear-
ings, but only one docket fee of $20 was taxed in each one of the
three cases. It is contended, for the plaintiff, that only one docket
fee of $20 in each one of the three cases was taxable; that the first
hearing was not the "final hearing" referred to in the statute_; that
the docket fee of $20 is only taxable once in a suit, although there is
more than one trial or more than one hearing of the case; that a final
hearing in an equity suit is the hearing pursuant to which the final
decree is entered; and that there can be but one Hnal hearing of a.
cause inthe same court. · The words of section 824 are, "on a final
hearing in equity or admiralty." The same words were used in sec-
tion 1 of the act of 1853. The words "final hearing" had a recog-
nized meaning, in the practice and procedure of courts, in 1853.
Those words are found in the removal act of July 27, 1866, (.14 St.
at Large, 306,) in the provision for a removal by a petition filed "at
any time before the trial or Hnal hearing of the cause," which provis-
, ion is reproduced in that language in subdivision 2 of section 639 of
the Revised Statutes. They are also found in the removal act of
March 2, 1867, (14 St. at Large, 558,) in the provision for a removal
by a petition filed "at any time before the final hearing or trial of the
suit, " which provision is reproduced in subdivision 3 of section 639