APPOINTMENT. 953. United States commissioners are appointed by the United States district courts. The number of commissioners is determined by the court, which also fixes the official residence. Such appointments are for terms of four years, subject to removal by the court. (See act May 28, 1896, 29 Stat. L., 184.) 954. The same person may not be both commissioner and clerk, or deputy clerk, of a United States court without the approval of the Attorney General. 955. Except as stated in the foregoing paragraph, no civil or military employee of the Government may exercise the duties of a commissioner. (See 29 Stat. L., 184.) 956. Commissioners may not be appointed receivers in any case pending in the courts of the United States. 957. The same person can not legally hold the office of commissioner for two judicial districts at the same time. (See 7 Comp., 230.) 958. Appointments of commissioners purporting to take effect before their dates are inoperative prior to the date when actually made. (See 9 Comp., 167.) OATH OF OFFICE. 959. Commissioners must take and subscribe to the oath of office prescribed by section 1756, Revised Statutes. This oath should be taken on the day the commissioner assumes duties and filed in the office of the clerk of the district court. SEAL. 960. Every commissioner must provide for himself an impression seal, 2 inches in diameter, in the following form, substituting, of course, his own name and the district for which he is appointed for those shown in the form. No fees 961. This seal should be used generally in the authentication of official acts of the commissioner, when acting as such. should be charged, however, for affixing said seal. ACCOUNTS. PREPARATION OF ACCOUNTS. 962. A single account covering all charges arising against the United States should be prepared within 20 days after the close of each quarter, and transmitted to the district attorney, to be submitted to the court for approval. (See 18 Stat. L., 333, and 28 Stat. L., 207.) There may be extended delay in the settlement of accounts not rendered within the 20 days prescribed by law. 963. The quarters of a fiscal year end September 30, December 31, March 31, and June 30, respectively. .964. Each account should include all charges for services actually rendered during the quarter. When a complaint in a case is drawn in a given quarter and the hearing completed in a later quarter, the charge for each service should, nevertheless, be made in the account for the quarter in which it was rendered. 965. Forms 8 inches wide by 14 inches long should be used. Only one side of the paper may be used, and only one case should be . placed upon a page. 966. Cases should be arranged in chronological order, using the date when each case was instituted as a basis, and a schedule of the cases should be attached. 967. The following descriptive entry (with the blank spaces filled) should precede the first page: 968. The pages should be numbered consecutively in the lower left-hand corner. The footing of each page should be carried forward to the top of the next page. 969. All of the information contemplated by the following form, which is recommended for use by commissioners, must be supplied in every instance. In cases where a warrant is issued by another commissioner, his name and the date when issued must also be shown. * Complaints by private citizens in internal-revenue cases must be approved in writing by district attorney efore issuance of warrants. As to who are private citizens, see Pars. 981 to 983. Remarks: Hearing and deciding on criminal charges and Drawing final bond of defendant and sureties, Issuing final commitment and making copy of Entering return of final commitment. Recognizance of all witnesses in the case, defendant Oath to U. S. witnesses as to attendance and Order in duplicate to pay first witness on behalf Transcript of proceedings required by order of Copy of warrant of arrest, with certificate to same, Examination and certificate under section 1042, Total fees in case... Amount carried forward.. Page Amount brought forward. SUPPLEMENTAL ACCOUNTS. 970. A commissioner must include in his regular accounts all fees earned during the period covered by his account, and supplemental accounts will not be considered unless the fees were inadvertently omitted and a satisfactory reason is given for his failure to include the items in his regular account. (See 5 Comp., 511, and 9 Comp., 117.) FORM OF AFFIDAVIT BY A UNITED STATES COMMISSIONER TO HIS ACCOUNT. UNITED STATES OF AMERICA, I, District of..... United States commissioner for the...... district of.. being duly sworn, depose and say that the foregoing account, amounting to $... is just and true, as stated therein; that no payment has been received by me on account thereof, and that the services therein charged have been actually and necessarily performed as stated; that in no internal-revenue case mentioned in said account was the warrant issued upon the sworn complaint of a private citizen unless first approved in writing by the United States district attorney, and that in each case wherein two per diems are charged in the account the hearing could not be completed in one day. United States Commissioner. Subscribed and sworn to before the undersigned this......day of.. 19... 971. The signature of a notary public, clerk of State or county court, or other State or county official before whom a commissioner's account is sworn to should be attested by the official seal of the official administering the oath unless such official is not required by law to use a seal in attesting his signature. 972. If the official before whom the account is sworn to is not required by law to have a seal, that fact should be noted on the affidavit. 973. The certificate of the district attorney must be attached to each account containing charges in internal-revenue cases, or cases arising under the Chinese exclusion laws. (Use Amended Form 473.) APPROVAL OF ACCOUNTS BY THE COURT. 974. The accounting officers of the Treasury are without jurisdiction to consider items in a fee account of an officer of a United States court unless such items are approved by the court. (See 2 Comp., 223.) 975. Where the court does not approve a commissioner's per diems for days to which he had continued cases on trial before him, no fees can be allowed for services rendered necessary by and incident to such continuances. (See 2 Comp., 223.) 976. The disapproval by a court of an item in an account of a commissioner submitted to the court for approval or disapproval, as required by law, is conclusive upon the accounting officers. (See 5 Comp., 131.) FORM OF ORDER APPROVING AN ACCOUNT OF A UNITED STATES COMMISSIONER, AND CERTIFICATE THERETO. Whereas... United States commissioner for the... . . . district of has forwarded an account for his official services for the quarter ended 19., duly certified by oath attached to the account, and the district 895-16-13 attorney has submitted said account for approval in open court, and it appearing to the satisfaction of the court that the services therein charged have been actually and necessarily performed as therein stated; and it being proved to the satisfaction of the court that in each of the cases wherein more than one per diem is charged the hearing could not be completed in one day, two per diems in each of said cases are specially approved and allowed by the court; and whereas the charges in said account appear to be just and according to law, it is ordered that said account, amounting ($......), be, and the same is hereby, approved this..........day of 19... to. UNITED STATES OF AMERICA, I, District of..... clerk of the U. S. district court for the said district, do hereby certify that the foregoing is a true copy of an order entered upon the journal of said court. Witness my official signature and the seal of said court, at. day of.. A. D. 19... By... FEE BILL. this.. Clerk. Deputy. 977 { The act of May 28, 1896 (see 29 Stat. L., 184), provides: entitled to the following-named fees, and none other: (a) Drawing a complaint, with oath and jurat to same, fifty cents. (b) Copy of complaint, with certificate to same, thirty cents. (c) Issuing warrant of arrest, seventy-five cents. (d) Issuing a commitment and making a copy of same, one dollar. (e) Entering a return, fifteen cents. Issuing subpoena or subpœnas in any one case, with five cents for each necessary witness in a ldition to the first, twenty-five cents. (g) Drawing a bond of c'efendant and sureties, taking acknowle`gment of same and justification of sureties, seventy-five cents. (h) For a ministering an oath (except to witness as to attendance and travel), ten cents. (i) Recognizance of all witnesses in a case, when the defen lant or defen lants are held for court, fifty cents. (j) Transcripts of proceedings, when required by order of court, and transmission of original papers to court, sixty cents. (k) Copy of warrant of arrest, with certificate to same, when defendant is held for court, an the original papers are not sent to the court, forty cents. (1) Orer in 'uplicate to pay all witnesses in a case: For first witness, thirty cents, an for each a 'citional witness, five cents, and for oath to each witness as to atten lance an travel, five cents. (m) For hearing an! deci ing on criminal charges and re ucing the testimony to writing when require 1 by law or order of court, five dollars a day for the time necessarily employe': Provided, That not more than one per c'iem shall be allowed in a case, unless the account shall show that the hearing could not be completel in one day, when one a 'citional per ciem may be specially approvel and allowed by the court: Provided further, That not more than one per diem shall be allowed for any one day: Provided further, That no per diem shall be allowed for taking a bond or recognizance and passing on the sufficiency of the bond or recognizance and the sureties thereon when the bond or recognizance was taken after the defendant had been com |