nished the appointee, such appointee not having been an officer until he accepted his appointment. (See 8 Comp., 479.)

889. A clerk is not entitled to the fee for affixing the seal to(a) A certificate of the clerk which is for use of officers of the court only. (See 6 Comp., 540.)

(b) A copy of an order of court where the order itself directs a "certified" copy only. (See 6 Comp., 900.)

(c) Original writs, the seal being a component part of the writ for the issuance of which a fee is provided. (See 8 Comp., 479.)

SEARCHES.

890. In the absence of a rule or order of court to the contrary, a clerk may properly charge a fee of 10 cents for filing a requisition for a search, 15 cents for making the search, 15 cents per folio for the certificate, and 20 cents for the seal, when the seal is required to be affixed. (See 18 Comp., 947-949.)

PRINTING BRIEFS, RECORDS, COURT CALENDARS, ETC.

891. Not later than June 1 of each year clerks will confer with district attorneys and solicit competitive bids for—

(a) The printing of briefs and records for the approaching fiscal year.

(b) The printing of court calendars, bar dockets, trial and jury lists for the approaching fiscal year.

NOTE. The instructions contained in section (b) of the above paragraph apply only to those districts where it is customary to provide calendars, etc., for distribution.

892. Bidders should have definite and identical information upon which to base proposals. The rates per page to be charged for briefs, records, calendars, etc., must be separately stated.

893. All bidders must offer in writing to comply with the provisions of the act of June 19, 1912. (See 37 Stat. L., 137.) Bids which

do not contain this offer will not be considered.

894. The bids submitted should be transmitted to the department with proper recommendations for authority to award the contract for the year's work. The award of the contract, however, does not ordinarily convey any authority to have calendars, briefs, or records printed. Applications for such authority must be made in the usual manner on Form 25-B, by the clerk as to calendars, bar dockets, etc., and by the district attorney as to records and briefs, in each particular case as the necessity arises.

VOUCHERS.

895. Form 324, entitled "Voucher for purchases and services other than personal," should be used for bills for printing calendars, briefs, records, etc. Payment will be made by the marshal from the appropriation "Miscellaneous Expenses, U. S. Courts," covering duly authorized expenses, set forth on properly prepared and certified vouchers.

RECORDING AND REPORTING APPOINTMENTS, ETC., OF COMMISSIONERS.

(See also pars. 953 to 959, Instructions to Commissioners.)

896. Appointments of commissioners must be entered of record by the clerk of the district court, and notice furnished at once by the

clerk to the Attorney General. In reporting appointments or reappointments, clerks should state

(a) The full name of the appointee.

(b) The date of the order of appointment.

(c) The date the appointment became effective.

(d) The date the appointee executed the oath of office.

(e) The official residence of the appointee.

897. In reporting resignations or removals, the clerk should state definitely when they become effective. "At the close of" (giving the date) is the form to be observed.

898. Certificates or seals to notices of the appointment of commissioners, copies of orders of appointment, or copies of their oaths of office are not required. Fees therefor will not be allowed.

MISCELLANEOUS MATTERS.

899. Clerks should ordinarily forward process direct to the marshal. If, however, immediate service is necessary, it may be delivered to a deputy marshal.

900. Clerks should furnish the Department of Justice and the Auditor for the State and Other Departments with copies of rules of court, when printed, and copies without seals of new rules or amendatory orders.

901. Fees will be allowed for issuing executions and subpoenaing witnesses on behalf of the United States only when the accounts show affirmatively that they were issued either

(a) Upon the written request or præcipe of a United States attorney. (b) In obedience to an order of court.

(c) Upon request made by a grand jury.

902. Witnesses on behalf of the United States shall be subpoenaed to testify generally, and not to depart without leave. Under such

process they shall also appear before the grand or petit jury, or both, as may be required. (See sec. 877, R. S. U. S.)

903. It is the duty of the clerk to insert the names of as many witnesses in a given subpoena as convenience in serving will permit. (See sec. 829, R. S. U. S.)

904. If subpoenas are to be sent out of the district, they should show upon their face whether they were issued in civil or criminal causes or for appearance before the grand jury. (See sec. 876, R. S. U. S.)

905. It is the duty of clerks to transmit the original accounts of marshals (as well as their own accounts) to the Attorney General for examination, and retain the duplicates, which shall be open to public inspection. Such accounts should be forwarded immediately after approval. (See 18 Stat. L., 333, and 28 Stat. L., 210.)

906. Clerks must certify to marshals abstracts of payments to jurors and witnesses. But one certificate is required for each complete list for a term of court, included in one account. The seal of the court is unnecessary. (See pars. 482 to 486.)

907. Clerks will not be allowed fees for furnishing district attorneys with copies or transcripts of entries covering data which, under these instructions, should be available from the records of the attorney's office.

908. Articles purchased from emoluments are the property of the Government, and must be accounted for accordingly.

909. The records of a district court shall be kept at the place where the court is held. When it is held at more than one place in any district and the place of keeping the records is not specially provided by law, they shall be kept at either of the places of holding the court which may be designated by the district judge. (See 36 Stat. L., 1088.)

909a. It is urged that, in any kind of an action, where not inconsistent with a rule of court, bonds or stipulations for costs, or for the release of vessels or other property, be so drawn as to bind the obligors specifically for the payment in any event of the fees and expenses of court officers for services in their behalf.

SEAMEN'S WAGE CASES.

909b. (a) Every seaman who is a citizen of the United States is entitled to the benefit of the poor suitor's act (36 Stat. L., 866) upon taking the oath therein prescribed. If he files such oath and prevails in his action, your earnings should then be collected and accounted for.

(b) If the seaman is not a citizen of the United States or, being such, fails or declines to take the poor suitor's oath, clerks should,

except where a rule of court expressly prevents such practice in seamen's wage cases, require an advance deposit, bond, or stipulation from the seaman or in his behalf to cover your lawful earnings, as in ordinary civil cases between private litigants.

(c) If a rule of court relieves the seaman from furnishing a stipulation for the payment of costs awarded against him by the court. It is not regarded as relieving him from the necessity of either taking the poor suitor's oath or furnishing advance deposit or security for the earnings and expenses of officers for services in his behalf.

RECORD BOOKS FOR CLERKS OF COURTS (OTHER THAN THOSE SUPPLIED BY THE DEPARTMENT OF JUSTICE).

910. The cost of books for recording the proceedings of the court is payable by the marshal from the appropriation "Miscellaneous expenses, U. S. courts." They must be purchased only after receipt of authority from the Attorney General. Applications should be made upon Form 25-B.

911. Such applications must be accompanied by:

(a) Sample pages of the books.

(b) Bids from two or more reliable dealers.

(c) The certificate of the judge that they "are absolutely necessary for recording the proceedings of the court and come within the purview of section 830, R. S. U. S."

912. Such applications should state:

(a) The nature of the books.

(b) For whose use and for what purposes they are needed.

(Bills should be vouchered on Form 324, entitled "Voucher for services and purchases other than personal.")

913. Separate application should be made in duplicate upon Form 25-A for authority to procure books needed by clerks, other than those furnished by the department and those for recording the proceedings of the court. (See pars. 818 to 823.)

OTHER RECORD BOOKS.

NOTE: These books should be carefully kept. Corrections should be made by cancellation, never by erasure.

914. In accordance with the provisions of the act of June 30, 1906 (34 Stat. L., 754), the following record books, which should be kept up to date, are prescribed by the Department of Justice and are furnished upon requisition:

(a) Cash book.

(b) Civil, criminal, and bankruptcy dockets.

(c) Fees and expenses of U. S. Marshal.

915. A blotter or day book, and a ledger, the use of which, while desirable in many districts, is optional, are also furnished by the department upon requisition.

CASH BOOK.

916. This is the book of original entry for all cash transactions. Each entry should accurately represent the actual receipt or disbursement of money, excepting that receipts for the earnings of the marshal's office, when exchanged without an actual interchange of money, should be treated as cash.

917. Only the gross amount of marshal's earnings received at any one time for payment into the Treasury need be entered in the cash book. The itemization of such moneys should be made in the book entitled "Fees and expenses of U. S. marshals."

918. The total of each column should be carried continuously from page to page, until the close of business on June 30 and December 31 of each year, at which times the book should be balanced upon its face. Balances may be taken at other times, upon memorandum slips or otherwise, as frequently as may be desired.

919. Each of the specified columns of this book should be used as follows:

(a) Columns entitled "Registry funds." Only for funds deposited under sec. 995, R. S. U. S.

(b) Columns entitled "Clerk's fees and deposits therefor in cases." For moneys received for fees taxable as costs in cases, including the cost of transcripts on appeal, or writs of error, indemnity deposits for notices in bankruptcy cases and fees other than filing fees relating to bankruptcy matters, when taxable as costs in some case proceeding. Amounts received from the Treasury in payment of the clerk's earnings should also be entered in these columns. Except such amounts all entries in these columns should be posted to the cash accounts in the dockets.

(c) Columns entitled "Clerk's filing fees in bankruptcy." For clerk's filing fees only, as indicated by the illustration herein given. These entries should be posted in full to the docket.

(d) Columns entitled "Miscellaneous earnings of clerk." All miscellaneous earnings not covered by other columns, including miscellaneous earnings in bankruptcy, and fees for copies of naturalization papers.