OATH.

1268. Before entering upon the duties of his office, each clerk of a United States court must take the oaths or affirmations of office prescribed by sections 794 and 1757; certified copies of which should be forwarded to the Department of Justice.

BOND.

1269. Sections 2 and 3 of the act of February 22, 1875 (18 Stat. L., 333), provide:

SEC. 2. That whenever the business of the courts in any judicial district shall make it necessary, in the opinion of the Attorney-General, for the clerk or marshal to furnish greater security than the official bond now required by law, a bond in a sum not to exceed forty thousand dollars shall be given when required by the AttorneyGeneral, who shall fix the amount thereof.

1270. SEC. 3. That the clerks of the Supreme Court and the circuit and district courts, respectively, shall each, before he enters upon the execution of his office, give bond, with sufficient sureties, to be approved by the court for which he is appointed, to the United States, in the sum of not less than five and not more than twenty thousand dollars, to be determined and regulated by the Attorney-General of the United States, faithfully to discharge the duties of his office and seasonably to record the decrees, judgments, and determinations of the court of which he is clerk.

1271. And it shall be the duty of the district attorneys of the United States, upon requirement by the Attorney-General, to give thirty days' notice of motion in their several courts that new bonds, in accordance with the terms of this act, are required to be executed; and upon failure of any clerk to execute such new bonds, his office shall be deemed vacant.

1272. The Attorney-General may at any time, upon like notice through the district attorney, require a bond of increased amount, in his discretion, from any of said clerks within the limit of the amount above specified; and the failure of the clerk to execute the same shall in like manner vacate his office. * * *

1273. All bonds given by the clerks shall, after approval, be recorded in their respective offices, and copies thereof from the records, certified by the clerks, respectively, under seal of court, shall be competent evidence in any court. The original bonds shall be filed in the Department of Justice.

1274. The approval required by said section 3 is an approval in open court, and a certified copy of the order of approval should be annexed to the original bond forwarded to the Department of Justice. Clerks should not make copies of surplusage in connection with bonds, such as financial statements of bonding companies, etc.

1275. Sec. 5 of an act approved March 2, 1895 (28 Stat. L., 807), provides that:

Hereafter every officer required by law to take and approve official bonds shall cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary.

1276. Hereafter every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strengthened oftener if he deem such action

necessary.

1277. Blanks for bonds to be executed by clerks of United States courts will be furnished by the Department of Justice upon application therefor.

DEPUTY CLERKS AND OFFICE ASSISTANTS.

APPOINTMENT, ETC.

1278. Section 558, Revised Statutes:

One or more deputies of any clerk of a district court may be appointed by the court on the application of the clerk, and may be removed at the pleasure of judges authorized to make the appointment. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the default or misfeasance in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate, and the sureties in his official bond shall be liable.

1279. Section 624, Revised Statutes, has the same provisions regarding deputies of the clerks of the circuit courts.

1280. Attention is directed to paragraph 1267 as to the appointment of persons related to the judges.

1281. Authority for payment of salaries from official emoluments must be obtained from the Attorney-General before employing a deputy or other assistant. Such application should state the following: 1. Name of proposed employee.

2. Facts necessitating the employment. 3. Proposed rate of compensation.

QUALIFICATION.

1282. Before entering upon the duties of their offices deputy clerks must take the oaths or affirmations prescribed by sections 794 and 1757, Revised Statutes.

1283. Bonds and oaths of office of deputy clerks should not be entered of record at any other place in the district than that at which the clerk resides.

COURT RECORDS, OFFICIAL LETTERS, ETC.

1284. In making application for record books for official use in recording the proceedings of the courts, clerks will be guided by the directions in paragraphs 906 to 910.

1285. Attention is invited also to the instructions as to the printing of records, paragraphs 1125 to 1127.

1286. Application must be made to the Attorney-General for authority to print court calendars. Such application must be accompanied by competitive bids, stating the proposed rate per page, and indicating the number of copies needed, the term of court for which required, and the probable duration of the term. Clerks will not incur any expense for this purpose without first obtaining authority.

1287. The attention of clerks is invited to the following provision of law relating to final records in equity and admiralty cases:

SEC. 750, R. S. In equity and admiralty causes, only the process, pleadings, and decree, and such orders and memorandums as may be necessary to show the jurisdiction of the court and regularity of the proceedings, shall be entered upon the final record.

1288. Section 828, Revised Statutes, provides that:

All books in the offices of the clerks of the circuit and district courts containing the docket or minute of the judgments, or decrees thereof, shall, during office hours, be open to the inspection of any person desiring to examine the same, without any fees or charge therefor.

1289. All official letters relating to United States cases or business in which the United States is interested, received by clerks and not needed by them as vouchers for the payment of money, should be preserved as public property and delivered to their successors. Where the originals are essential as vouchers, copies thereof should be left in their places. Whenever such letters accumulate in number sufficient to make a volume, the clerk should cause the same to be bound in chronological order, and the expense thereof will be allowed in his emolument return.

MONEYS SUBJECT TO ORDER OF COURT.

REGISTRY FUNDS.

1290. Special attention is called to the following quoted sections of the Revised Statutes of the United States:

1291. SEC. 995. All moneys paid into any court of the United States, or received by the officers thereof, in any cause pending or adjudicated in such court, shall be forthwith deposited with the Treasurer, an assistant treasurer, or a designated depositary of the United States, in the name and to the credit of such court: Provided, That nothing herein shall be construed to prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court.

1292. SEC. 996 (as amended by act of Feb. 19, 1897). No money deposited as aforesaid shall be withdrawn except by order of the judge or judges of said courts, respectively, in term or in vacation, to be signed by such judge or judges, and to be entered and certified of record by the clerk; and every such order shall state the cause in or on account of which it is drawn. And it shall be the duty of the judge or judges of said courts, respectively, to cause any moneys deposited as aforesaid, which have remained in the registry of the court unclaimed for ten years or longer, to be deposited in a designated depository of the United States, to the credit of the United States.

1293. SEC. 5504. Every clerk or other officer of a court of the United States who fails forthwith to deposit any money belonging in the registry of the court, or hereafter paid into court or received by the officers thereof, with the Treasurer, assistant treasurer, or a designated depositary of the United States, in the name and to the credit of such court, or who retains or converts to his own use or to the use of another any such money, is guilty of embezzlement, and shall be punished by fine not less than five hundred dollars, and not more than the amount embezzled, or by imprisonment not less than one year nor more than ten years, or by both such fine and imprisonment; but nothing herein shall be held to prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court.

1294. Money deposited as required by section 995 is deposited to the credit of the court and not to the credit of the clerk thereof, and money so deposited can be lawfully drawn from the depository only as provided in section 996.

1295. Your attention is called to the fact that moneys deposited as required by section 995, which have remained in the registry of the court unclaimed for ten years or longer should, as soon as practicable, be deposited in a designated depository of the United States to the credit of the United States. Clerks will report to this Department, giving the cases and the amount so deposited in each case.

1296. SEC. 798, R. S. At each regular session of any court of the United States, the clerk shall present to the court an account of all moneys remaining therein, or subject to its order, stating in detail in what causes they are deposited, and in what causes payments have been made; and said account and the vouchers thereof shall be filed in the court.

WAGES, ETC., OF DECEASED SEAMEN.

1297. SEC. 4543, R. S. Every shipping commissioner in the United States shall, within one week from the date of receiving any such money, wages, or effects of any deceased seaman or apprentice, pay, remit, or deliver to the circuit court of the circuit in which he resides, the money, wages, or effects, subject to such deductions as may be allowed by the circuit court for expenses incurred in respect to such money and effects; and should any commissioner fail to pay, remit, and deliver the same to the circuit court within the time herein before mentioned, he shall incur a penalty of not more than treble the value of such money and effects.

1298. SEC. 4545, R. S. When no claim to the wages or effects of a deceased seaman or apprentice, received by a circuit court, is substantiated within six years after the receipt thereof by the court, it shall be in the absolute discretion of the court, if any subsequent claim is made, either to allow or refuse the same. Such courts shall, from time to time, pay any moneys arising from the unclaimed wages and effects of deceased seamen, which, in their opinion, it is not necessary to retain for the purpose of satisfying claims, into the Treasury of the United States, and such moneys shall form a fund for, and be appropriated to, the relief of sick and disabled and destitute seamen belonging to the United States merchant marine service.

1299. Moneys paid into the circuit court, as provided by section 4543, should be deposited to the credit of the court in a United States depository, and be drawn therefrom only upon the order of court.

PUBLIC MONEYS.

1300. Clerks of United States courts who receive public moneys accruing to the United States will deposit the same in accordance with the directions on pages 28 to 34, inclusive, ante, under the heading "Judiciary funds," applicable to public moneys held by them.

1301. Clerks are instructed that, when, in cases arising under the internal-revenue laws, moneys are recovered and paid into court for the United States, they should pay such money to the collector of internal revenue, as provided by section 3216, Revised Statutes, and the costs collected on behalf of the United States should also be paid to the collector.

1302. All fines collected for violations of law affecting the Post-Office Department, for its revenue or property, are payable into the Treasury, for the use of the Post-Office Department. (See sec. 4059, R. S.)

1303. Moneys coming into the hands of clerks of the courts belonging to the United States, otherwise than in cases and proceedings under the internal-revenue laws, will be promptly covered into the Treasury, as required by law.

1304. Moneys derived from the sale of old material of any kind. such as stoves, furniture, etc., should be promptly covered into the Treasury, as provided by section 3618, Revised Statutes. (See paragraph 1456 of these instructions.)

FEES.

1305. The fees which a clerk may earn for official services are prescribed by section 828, Revised Statutes, which is as follows:

1306. For issuing and entering every process, commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire or a summons or subpoena for a witness, one dollar.

1307. For issuing a writ of summons or subpoena, twenty-five cents. 1308. For filing and entering every declaration, plea, or other paper, ten cents. 1309. For administering an oath or affirmation, except to a juror, ten cents. 1310. For taking an acknowledgment, twenty-five cents.

1311. For taking and certifying depositions to file, twenty cents for each folio of one hundred words.

1312. For a copy of such deposition furnished to a party on request, ten cents a folio.

1313. For entering any return, rule, order, continuance, judgment, decree, or recognizance, or drawing any bond, or making any record, certificate, return, or report, for each folio, fifteen cents.

1314. For a copy of any entry or record, or of any paper on file, for each folio,

ten cents.

1315. For making dockets and indexes, issuing venire, taxing costs, and all other services on the trial or argument of a cause where issue is joined and testimony given, three dollars.