witnesses for the Government, but they should receive their actual expenses. This does not, however, apply to officers who are compensated by fees, who are entitled to the ordinary compensation of witnesses.

779. Certain Government employees who receive allowances in lieu of expenses, as post-office inspectors, internal-revenue agents, special examiners of the Pension Office, and special agents of the Treasury Department, should not be paid their actual expenses when called as witnesses in cases in which they are employed by direction of their respective bureaus or departments.

780. The appropriation for examiners in the Bureau of Pensions makes more specific provision for the expenses of such examiners in attendance upon court as witnesses than is made by the appropriation for fees of witnesses in the United States courts, and is therefore exclusively applicable thereto. (4 Comp. Dec., 649; 5 Comp. Dec., 2.)

781. The expenses which a deputy collector of internal revenue may properly charge in his account of actual expenses as a witness are those only which are, after he is regularly subpœnaed, incurred in traveling to, attendance upon, and returning from the court or commissioner hearing the case.

782. Marshals are requested to aid the Department in putting a stop to the practice of deputy collectors in charging, in such accounts, expenses other than those above enumerated. If it appears from the accounts of a marshal that a deputy collector has charged in his witness account, and has been paid, expenses incurred other than his legitimate expenses as a witness, the matter will be brought to the special attention of the Secretary of the Treasury.

783. Hereafter employees of the Post-Office Department will not include in their accounts of actual expenses, under section 850, Revised Statutes, any amounts paid to persons who act as substitutes. Provision is made by the act of Congress approved June 13, 1898 (30 Stat. L., 441), for payment of substitutes of employees absent from their duties as Government witnesses from the revenues of the PostOffice Department. (See Department letter of Oct. 24, 1898.)

784. Salaried officers and employees of the Government in rendering actual expense accounts under section 850, Revised Statutes, should use Department Form 2. They must itemize and swear to same, and furnish receipts for hotel and livery bills, stage fare, and all expenditures for which it is practicable to obtain receipts. The affidavits to accounts of this character must include the statement that the witness has not received and is not entitled by the regulations of the bureau or department in whose service he is or was employed to claim or receive and will not claim from such bureau or department any allowance whatever for those expenses.

785. These expenses must be passed upon and ordered paid by the court or commissioner the same as fees to other witnesses, and then entered on the regular pay roll and the receipt of the payee taken therefor.

786. The expenses of officers of light-house tenders while attending court as witnesses in a suit in which the United States was interested, there being no provision of law making it their duty to aid in the prosecution of such suit, are payable from the appropriation for fees of witnesses. (7 Comp. Dec., 293.)

787. Section 851, Revised Statutes, provides that

There shall be paid to each seaman or other person who is sent to the United States from any foreign port, station, sea, or ocean, by any United States minister, chargé d'affaires, consul, captain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensation, exclusive of subsistence and transportation, as such court may adjudge to be proper, not exceeding one dollar for each day necessarily employed in such voyage, and in arriving at the place of examination or trial. In fixing such compensation, the court shall take into consideration the condition of said seaman or witness, and whether his voyage has been broken up, to his injury, by his being sent to the United States.

788. When such seaman or person is transported in an armed vessel of the United States no charge for subsistence or transportation shall be allowed. When he is transported in any other vessel, the compensation for his transportation and subsistence, not exceeding in any case fifty cents a day, may be fixed by the court, and shall be paid to the captain of said vessel accordingly.

WITNESSES BEFORE COMMISSIONERS.

789. Section 981, Revised Statutes, provides that

In no case shall the fees of more than four witnesses be taxed against the United States, in the examination of any criminal case before a commissioner of a circuit court, unless their materiality and importance are first approved and certified to by the district attorney for the district in which the examination is had; and such taxation shall be subject to revision, as in other cases.

790. A United States commissioner is not authorized to issue a subpoena for a witness outside of his district, and a witness attending before a commissioner upon a subpoena issued by him is entitled to mileage for travel within his district only. (9 Comp. Dec., 121.)

791. A circuit or district court is authorized to issue a subpoena for a witness outside of the district of a United States commissioner to appear before him. (9 Comp. Dec., 86.)

792. United States marshals will be governed by the two decisions above referred to in making payments to witnesses for travel made from their residences outside of the district to the place where they attend before the commissioner.

793 If a commissioner before whom a Chinese exclusion case is pending wishes to hear the testimony of witnesses on behalf of the prisoner and issues subpoenas for their attendance, the marshal will be authorized to pay his deputy all lawful fees for serving such subpoenas; but the commissioner should require a prisoner who is able to do so to pay the costs incurred by such process. The marshal is not authorized to pay the fees and mileage of witnesses subpoenaed on behalf of the prisoner. (6 Comp. MS. Dec., 9.)

COURT PAY ROLLS.

794. Form 685 should be used as the pay roll of witnesses, except where witnesses are allowed 15 cents a mile for travel by stage, when Form 686 should be used.

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

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

797. Signatures by cross marks on pay rolls of witnesses who attend upon the circuit or district courts must be attested by some person other than the marshal or his deputy.

798. 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 oppo. ite the name of the juror or witness to whose order such check was drawn, or be endorsed on the back of the pay roll, together with the name of the juror or witness.

799. When the name of a witness appears more than once on the pay roll for a term of court, cross references must be made.

800. When the names of the witnesses at a term of court are entered on more than one sheet of Form 685 or 686, the first sheet should be footed, the amount carried to the second sheet, and so on to the last sheet.

801. The sheets composing the roll should be fastened together at the upper left-hand corner.

802. 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.

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

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

COMMISSIONERS' PAY ROLLS.

805. Blanks for the pay rolls of witnesses before commissioners are not furnished by the Department of Justice, as commissioners are entitled to fees for making them.

806. The pay rolls of witnesses before commissioners should be on paper 8 by 18 inches, and should be in the form given on page 126.

I certify that all of the above witnesses were material and important.

*When more than four witnesses attend before a commissioner in a case, whether they all attend the same day or not, the marshal must not pay the fees of more than four until the district attorney has certified to the materiality and importance of the witnesses, as required by section 981, Revised Statutes.

807. Signatures by cross mark on pay rolls of witnesses before commissioners should be attested by some responsible person who is not interested in the payment. Neither the commissioner who draws the order for payment nor the deputy marshal who is officiating before the commissioner in the case in which the order is drawn should attest the signatures.

808. Marshals should impress upon commissioners the importance of promptly forwarding to them orders to pay witnesses.

809. The witness pay rolls of each commissioner should be arranged chronologically, and the rolls of all commissioners should be fastened together at the upper left-hand corner. With the rolls should be submitted an abstract on Form 125, showing the number of each voucher, the title of the case, and the amount of each voucher. The total of this abstract should be carried to the account current.

MISCELLANEOUS.

810. Marshals are authorized to pay the fees of witnesses who have attended, in United States cases, before justices of the peace or other State officers who are authorized to hold preliminary examinations, when such fees are properly taxed by the officers. They should also pay witnesses who attend before examiners of the Pension Bureau in the manner prescribed by the act of July 25, 1882 (22 Stat. L., 174). 811. Section 848, Revised Statutes, provides that:

When a witness is detained in prison for want of security for his appearance, he shall be entitled, in addition to his subsistence, to a compensation of one dollar a day.

812. A prisoner convicted of crime who was brought before a United States commissioner to testify as a witness is not entitled to mileage or fees. (9 Comp. MS. Dec., 860.)

813. A person in custody awaiting trial for an alleged offense, who attended before a United States commissioner as a witness, is entitled to the fee provided by law for such attendance. (6 Comp. Dec., 588.)

814. In a decision of the Comptroller dated March 28, 1903, to United States Marshal Palmer, of the District of Columbia, it was held that when a person who is serving a term in jail is used as a witness, if his time, in the opinion of the court, does not belong to the Government, he is entitled to per diems; otherwise he is not so entitled.

815. 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.)