well-known member of the principal political party in the district in which the court is held opposing that to which the clerk may belong, the clerk and said commissioner each to place one name in said box alternately, without reference to party affiliations, until the whole number required shall be placed therein.

735. "But nothing herein contained shall be construed to prevent any judge from ordering the names of jurors to be drawn from the boxes used by the State authorities in selecting jurors in the highest courts of the State ***

736. The above act was amended by the act of August 8, 1888 (25 Stat. L., 386), "so that whenever any circuit and district court of the United States shall be held at the same time and place they shall be authorized and required, if the business of the courts will permit, to use interchangeably the juries in either court drawn according to the provisions of said act.”

737. Section 802, Revised Statutes:

Jurors shall be returned from such parts of the district, from time to time, as the court shall direct, so as to be most favorable to an impartial trial, and so as not to incur an unnecessary expense, or unduly to burden the citizens of any part of the district with such services.

738. Section 804, Revised Statutes:

When, from challenges, or otherwise, there is not a petit jury to determine any civil or criminal cause, the marshal or his deputy shall, by order of the court in which such defect of jurors happens, return jurymen from the bystanders sufficient to complete the panel; and when the marshal or his deputy is disqualified as aforesaid, jurors may be so returned by such disinterested person as the court may appoint, and such person shall be sworn, as provided in the preceding section.

739. Section 805, Revised Statutes:

When special juries are ordered in any circuit court, they shall be returned by the marshal in the same manner and form as is required in such cases by the laws of the several States.

740. Section 808, Revised Statutes:

Every grand jury empaneled before any district or circuit court shall consist of not less than sixteen nor more than twenty-three persons. If of the persons summoned less than sixteen attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. And whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose.

741. There are special provisions of law relating to the selection and drawing of juries in certain districts. As to the district of Vermont, see section 807, Revised Statutes; as to the several districts of Kentucky and Indiana, see section 815, Revised Statutes; as to the dis

tricts of North Carolina, see section 816, Revised Statutes; as to the western district of the district of South Carolina, see section 817, Revised Statutes; as to the western district of Michigan, see act of June 19, 1878 (20 Stat. L., 175); as to the Indian Territory, see act of March 1, 1895 (28 Stat. L., 693); and as to the district of Columbia, see the Code of the District of Columbia.

PER DIEMS.

742. Under an act of Congress approved June 21, 1902, jurors are entitled to $3 a day for actual attendance at any court or courts, and for the time necessarily occupied in going to and returning from the same.

743. Marshals are instructed not to pay per diems to jurors who reside at the place where court is held for days on which court is not in session and no service is rendered by them.

744. Under the act of August 1, 1888, providing for condemnation proceedings in the Federal courts, agreeably to the procedure in the State court, the jurors and witnesses may be paid the usual fees from the appropriations for expenses of United States courts, unless by the practice in the State court special compensation is payable for the services of the jury or witnesses, in which case such compensation would be payable from the appropriation for miscellaneous expenses of United States courts. (2 Comp. Dec., 377.)

MILEAGE.

745. Under section 852, Revised Statutes, jurors are entitled to five cents a mile for the distance necessarily traveled from their residence in going to and returning from court by the shortest practicable route. 746. An act approved August 3, 1892 (27 Stat. L., 347), provides: That jurors and witnesses in the United States courts in the States of Wyoming, Montana, Washington, Oregon, California, Nevada, Idaho, and Colorado, and in the Territories of New Mexico, Arizona, and Utah, shall be entitled to and receive fifteen cents for each mile necessarily traveled over any stage line or by private conveyance and five cents for each mile over any railway in going to and returning from said courts: Provided, That no constructive or double mileage fees shall be allowed by reason of any person being summoned both as witness and juror

* * *

747. The number of miles for which travel is allowed should in all cases be the number of miles actually and necessarily traveled going from the place of residence of the juror to the place where he attended court, and returning, at 5 cents a mile, not one way at 10 cents.

748. The mileage of a juror should not be "estimated," nor should the statement of the juror be accepted as conclusive. All mileage should be verified, and for this purpose authority will be granted by the Department, upon application, for the purchase of the necessary maps from the Post-Office Department.

PAY ROLLS.

749. Form 1 should be used as the pay roll of jurors, except where jurors are allowed 15 cents a mile for travel by stage, when Form 29 should be used.

750. The names of the grand and petit jurors should be entered on separate rolls.

751. The residence of each juror should be given by stating the county and the post-office; or if a juror does not reside at a post office, by stating the county and the distance and direction from the nearest post-office.

752. The column headed "Dates for which paid" should contain all the dates for which a juror is paid, both for attendance and for the time consumed in traveling to and from court. The column headed "Dates of travel" should contain the dates for which a juror is paid for traveling to and from court.

753. Care should be taken that names as signed on the pay roll agree with the court's order to pay.

754. Signatures by cross marks on pay rolls must be attested, and by some person other than the marshal or his deputy.

755. Attention is invited to the following paragraph of Treasury Department Circular No. 22, dated February 11, 1899:

Payments made to jurors and witnesses on court pay rolls and witnesses on United States commissioners' pay rolls must be evidenced by the autograph signature, in the proper column, of each juror or witness to whom payment is made; and where payments are made by a check drawn to the order of each juror or witness, as prescribed in the regulations of the Department of Justice, the date and number of the check and the name of the depository on which drawn, must be stated on the pay roll opposite the name of the juror or witness to whose order such check was drawn, or be indorsed on the back of the pay roll, together with the name of the juror or witness.

756. When the name of a juror appears more than once on the pay roll for a term of court, cross references should be made.

757. When the names of the petit jurors at a term of court or the names of the grand jurors at a term of court are entered on more than one sheet of Form 1 or 29, the first sheet should be footed, the amount carried to the second sheet, and so on to the last sheet.

758. The sheets composing the roll must be fastened together at the upper left-hand corner.

759. Care must be taken to have the certificate of the clerk on the last sheet of the roll. The seal of the court is not necessary to the clerk's certificate, and no fee will be allowed therefor.

760. It is not necessary to forward with the accounts copies of orders to pay jurors, the certificate of the clerk being received as evidence that such orders were entered.

761. It is not necessary for the marshal to make affidavit to each pay roll, his affidavit to the account as a whole being sufficient.

FEES OF WITNESSES.

GENERAL INSTRUCTIONS.

762. Section 855, 'Revised Statutes, provides that

In cases where the United States are parties, the marshal shall, on the order of the court, to be entered on its minutes, pay to the jurors and witnesses all fees to which they appear by such order to be entitled, which sum shall be allowed him at the Treasury in his accounts.

763. Section 846 provides:

That no accounts of fees or costs paid to any witness or juror, upon the order of any judge or commissioner, shall be so reexamined as to charge any marshal for an erroneous taxation of such fees or costs.

764. While section 846, Revised Statutes, protects a marshal from disallowances of amounts paid by him to witnesses in obedience to orders of a court or commissioner, although the taxation of such fees may have been erroneous, still it is the duty of a marshal to scan such orders closely, and, if any error is discovered as to per diems or mileage ordered to be paid to a witness, to call the same to the attention of the district attorney that he may take action to secure correction.

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PER DIEMS.

765. Under section 848, Revised Statutes, a witness is entitled to $1.50 for each day's attendance in court, or before any officer pursuant to law."

766. The same section also provides that

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.

767. Marshals are instructed not to pay per diems to witnesses who reside at the place where court is held for days on which court is not in session and no service is rendered by them.

768. Care should be taken that no witness fees are paid to officers of the United States courts in violation of section 849, Revised Statutes, which provides that-

769. No officer of the United States courts, in any State or Territory, or in the District of Columbia, shall be entitled to witness fees for attending before any court or commissioner where he is officiating.

770. Witnesses are not, like jurors, entitled to receive pay for time occupied in going to and returning from court or examinations before United States commissioners.

MILEAGE.

771. Under section 848, Revised Statutes, a witness is entitled to "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."

772. An act approved August 3, 1892 (27 Stat. L., 347), provides:

That jurors and witnesses in the United States courts in the States of Wyoming, Montana, Washington, Oregon, California, Nevada, Idaho, and Colorado, and in the Territories of New Mexico, Arizona, and Utah, shall be entitled to and receive fifteen cents for each mile necessarily traveled over any stage line or by private conveyance and five cents for each mile over any railway in going to and returning from said courts: Provided, That no constructive or double mileage fees shall be allowed by reason of any person being summoned both as witness and juror, or as witness in two or more cases pending in the same court and triable at the same term thereof.

773. The Comptroller of the Treasury has decided (1 Cɔmp. Dec., 43) that

While the provision in the act of August 3, 1892, for mileage at 15 cents a mile for witnesses traveling by stage or private conveyance to attend a United States court does not apply to witnesses attending before a commissioner, yet, if the commissioner taxes the mileage at that rate and it is paid by the marshal, the accounts of the latter can not, under section 846, Revised Statutes, be so reexamined as to charge him with such erroneous taxation.

774. Marshals are, however, hereby directed not to make such payments to witnesses before commissioners. A favorable construction will not be put upon the action of any marshal who makes such payments.

775. The number of miles for which travel is paid shoula in no case exceed the number of miles necessarily traveled to the place where the witness attended court and in returning therefrom, at 5 cents a mile, not one way at 10 cents.

776. The mileage of a witness should not be "estimated," nor should the statement of the witness be accepted as conclusive. All mileage should be verified, and for this purpose authority will be granted by the Department, upon application, for the purchase of the necessary maps from the Post-Office Department.

ACTUAL EXPENSE WITNESSES.

777. Section 850, Revised Statutes, provides that

When any clerk or other officer of the United States is sent away from his place of business as a witness for the Government, his necessary expenses, stated in items and sworn to, in going, returning, and attendance on the court, shall be audited and paid; but no mileage, or other compensation in addition to his salary, shall in any case be allowed.

778. No fees should be paid to clerks or other salaried employees of the United States who are sent away from their places of business as