excepting suits for violation of internal-revenue laws, must be reported by United States attorneys to this office immediately after process shall be issued. At the end of every term of the district and circuit courts they will make a general report containing a list of all such suits commenced by them since the close of the last preceding term of the court, with a full statement of the cause of the action and all proceedings therein; and also of all such proceedings since the close of the last term in causes previously commenced, so as to furnish a full history of what has been done since the previous term, including any trial, verdict, decision, or judgment, and the issuing of any execution, with the time when issued. Blank forms for reports under this rule will be furnished from this office. The term reports should also include all criminal cases in which fines have been imposed, except those for violation of internal-revenue laws.

1247. As required by section 773 of the Revised Statutes, United States attorneys will, on the 1st of October of each year, transmit to this office reports showing all civil suits or proceedings in which the United States is a party or has an interest commenced, pending, and determined within their respective districts during the fiscal year (ending June 30) next preceding the date of such returns. These returns should be as full as practicable, and should be rendered punctually in order to enable the Solicitor of the Treasury to prepare his annual report required by the act aforesaid.

1248. In the report called for by this section it is required that the cases shall be classified as follows, viz:

(a) Suits on Treasury transcripts.

(b) Suits for fines, penalties, and forfeitures under the customs-revenue, navigation, and kindred laws, embracing suits of whatever nature arising out of frauds upon the customs.

(c) Suits upon custom-house bonds.

(d) Suits against collectors of customs, or other officers or agents of the United States, for refund of moneys exacted or for acts performed in the line of official duty. (e) Suits for fines, penalties, etc., under postal laws.

(f) Miscellaneous. suits, including those on forfeited recognizances and for the recovery of duties on imported merchandise, and all criminal cases in which fines have been imposed, excepting those under internal-revenue laws, and all other cases not embraced in the before-mentioned classes.

1249. It is required that all proceedings had during the fiscal year shall be noted, particularly all decrees or judgments, whether for or against the United States, and the nature, amount, and date of the same; and that all executions or orders of sale issued during that period shall be specified, with their date of issue and return and the nature of the marshal's return thereof.

1250. It is required also that all collections made during the year shall be reported, whether in respect of cases commenced during the year or of those instituted prior thereto.

1251. When a suit shall have been commenced, either by direction of a public officer or otherwise, it will be the duty of the United States attorney having such suit in charge to press the same to judgment at as early a day as possible consistent with the interest of the United States.

1252. In this connection the attention of United States attorneys is called to the provisions of section 957 of the Revised Statutes.

1253. In all such suits judgment must be demanded, and should be entered at the return term, unless defendants shall have taken all the steps required by this statute to obtain a continuance. United States attorneys are directed, as far as may be in their power, to see that its provisions are strictly complied with and enforced.

1254. Where a suit shall have been continued he will, in his next return, state upon whose motion and on what grounds the continuance was directed. No attorney will discontinue a suit, or consent to a dismissal thereof, or suspend proceedings, or agree that a judgment or decree shall be taken for a less amount than is claimed by the United States, without express instructions from the Solicitor of the Treasury, unless such attorney shall be of opinion that the suit has been improperly brought, that an error has been committed in the pleadings or proceedings which may be fatal or hazardous to the interests of the Government, or that the evidence in his power to produce is insufficient to support the action, and there shall not be sufficient time to communicate with and receive instructions, and, in all cases of such agreement, consent, discontinuance, suspension, or dismissal, the attorney will immediately report upon the facts and reasons for his action.

1255. As early as practicable, after the perfecting of judgment, execution will be placed in the hands of the marshal by the United States attorney, who will take duplicate receipts therefor, one of which he will transmit to this office. He will see that the marshal does his duty zealously in searching for property, in making levy, sale, and return, or in any other usual and proper efforts for the collection of the money. At the commencement of every term of the court the attorney will carefully examine and ascertain whether the marshal has properly returned all process placed in his hands the return of which is due. If he shall find that the proper return has not been made, it will be his duty to take prompt and efficient measures to compel a return, in which case he will report to this office the steps taken and their result. The vigilance of the United States attorney should not cease until every resource looking to the collection of the judgment is exhausted.

1256. United States attorneys will not receive payment of any demand due the United States except where specially authorized by law. If a defendant shall desire to make a payment previous to judgment, or at any time when the execution is not in the hands of the marshal, the proper course for him will be to cause the money to be deposited in the registry of the court, taking triplicate certificates therefor, stating particularly the name and the nature of the suit. On the receipt of two of these certificates the attorney will cause the proper allowance to be made, and will transmit one of the certificates, with a special report upon the subject, to this office and retain the other.

1257. The Solicitor of the Treasury having been designated by the AttorneyGeneral to superintend the collection of all debts due to the Post-Office Department, including all penalties and forfeitures imposed on postmasters for failing to make returns or pay over the proceeds of their offices, and to direct suits and legal proceedings, and take all such measures as may be authorized by law to enforce the prompt payment thereof, these instructions are to be understood as applying to all suits or proceedings concerning debts, penalties, and forfeitures of the foregoing description. United States attorneys will accordingly report as to all such suits or proceedings, and also as to all prosecutions for mail depredations and penal offenses against the postal laws. In all cases, when practicable, the name of the post-office where the suit or prosecution originated should be stated.

1258. These instructions must not be understood as applying to suits arising under the internal-revenue laws, such suits being by law under the direction of the Commissioner of Internal Revenue.

MISCELLANEOUS.

1259. United States attorneys, marshals, and clerks will report to the Solicitor the existence and situation of any property belonging to the United States which is not in the care of any officer or agent of the Government, to the end that it may be

protected and preserved. If either of them shall discover that any claim in favor of the Government, not in his hands, can be collected, he will report to the Solicitor, and recommend the best mode of proceeding. They will also report immediately to the Solicitor any default of a United States attorney, marshal, clerk, collector, or other person engaged in the collection of any debt due to the United States, or of the revenuc, or in the disbursement of any money belonging to the Government.

1260. Letters to this office will be on ordinary sized letter paper, with a margin on all sides of an inch in width, so as to admit of binding.

1261. All letters will be inclosed in envelopes. Each distinct subject will be communicated in a separate letter, under a separate envelope. Such letters should be indorsed on the back thus:

(Name of party writing.)

(Official designation of writer.)

(Date of letter.)

(Brief of contents.)

1262. In all cases, when desired, triplicate receipts for moneys or papers received will be executed by the parties receiving them.

1263. In all cases where receipts, notices, returns, or other papers are required to be sent to the Solicitor's office, they must be forwarded by the first mail.

PART THREE.

INSTRUCTIONS TO CLERKS OF UNITED STATES COURTS.

Appointment and qualification

Deputies and assistants

Court records, official letters, etc

Moneys subject to order of court

Public moneys

Fees....

Accounts

Compensation.

Emolument returns

Regulations of the Solicitor of the Treasury...

Miscellaneous matters.

Decisions of the Supreme Court and the Comptroller of the Treasury

Page.

187

189

189

190

192

192

194

197

198

201

202

204

APPOINTMENT AND QUALIFICATION.

APPOINTMENT.

1264. Section 555, Revised Statutes:

A clerk shall be appointed for each district court by the judge thereof, except as otherwise provided for by law

1265. Section 3 of the act of February 6, 1889 (25 Stat. L., 655), provides that:

Hereafter all appointments of clerks of circuit courts of the United States shall be made by the circuit judges of the respective circuits in which such circuit courts are or may be established; and all provisions of law inconsistent herewith are hereby repealed.

1266. Section 2 of the act of March 3, 1891 (26 Stat. L., 826), establishing circuit courts of appeals, provides that:

The court shall also appoint a clerk, who shall perform and exercise the same duties and powers in regard to all matters within its jurisdiction as are now exercised and performed by the clerk of the Supreme Court of the United States, so far as the same may be applicable.

1267. Section 7 of the act of August 13, 1888 (25 Stat. L., 437), provides:

That no person related to any justice or judge of any court of the United States by affinity or consanguinity within the degree of first cousin shall hereafter be appointed by such court or judge to or employed by such court or judge in any office or duty in any court of which such justice or judge may be a member.