MANDATES.

1045. There is no provision of law compensating commissioners for issuing warrants or mandates to bring prisoners before them to give bail. (See 9 Comp., 226.)

1046. A commissioner is entitled to the fee of 15 cents for entering a return on a mandate. (See 9 Comp., 226.)

OATHS TO EXPENSE ACCOUNTS.

1047. Under the provisions of the act of August 24, 1912, a commissioner may not charge in his accounts fees for administering oaths to expense accounts. (See Comp. MS, in re Adams, July 3, 1915.)

PENALTY ENVELOPES.

1048. All correspondence which commissioners are required by law to conduct as commissioners may be transmitted in the mails, free of postage, under cover of penalty envelopes.

REFERENCE OF A LITIGATED MATTER.

1049. When fees are charged for attending to a reference in a litigated matter, a copy of the order of reference should be attached to the account.

1050. A commissioner who is appointed by the court as a special referee in a case in which the United States is plaintiff can be allowed only the fee of $3 a day for "attending to a reference in a litigated matter." (See 4 Comp., 400.) But this does not exclude fees provided by the commissioner's fee bill for other services rendered in the case. (See 5 Comp., 87.)

REMOVAL OF DEFENDANTS.

1051. Sections 1014 and 1029, R. S. U. S., provide a complete mode of procedure for the commitment and removal of an offender committed in a district other than that where the offense is to be tried, and the commissioner of the district to which the offender is removed is not entitled to fees for proceedings had before him, such proceedings being without authority of law. (See 7 Comp., 578.) 1052. (For transcripts in removal proceedings see pars. 1035 and 1036, ante.)

STATE PRACTICE.

1053. Under section 1014, R. S. U. S., which provides for the arrest of certain offenders, it is a well-settled rule that commissioners must conform to the practice prescribed by the statutes of the State wherein the arrest is made, without regard to the fees to be earned by them. (See 5 Comp., 172; also 10 Comp., 340.)

STENOGRAPHER.

1054. If a commissioner employs a stenographer to assist in the taking and transcribing of depositions, testimony, or otherwise, it must be at his own expense.

SURRENDER OF DEFENDANTS BY SURETIES.

1055. Commissioners are authorized to accept the surrender of defendants by sureties only during vacation of the court to which such defendants are bound. The facts as to the vacation of the court should be affirmatively shown in the account. (See sec. 1018, R. S. U.S.)

TESTIMONY.

1056. The per diem fee of $5 is the only compensation provided for reducing testimony to writing. (See 4 Comp., 239.)

EXTRADITION CASES.

1057. Only those commissioners who are specially authorized by the court have jurisdiction in extradition cases. Evidence of such authorization must be furnished.

1058. Charges for services rendered in such cases should be included in the regular quarterly accounts. The fees chargeable are those prescribed in the commissioner's fee bill. (See 14 Comp., 693.)

1059. The allowance of a commissioner's fees in an extradition case, charged in an account covering the quarter during which the case was concluded, will be made only after the commissioner has transmitted to the department an itemized and certified statement showing the fees and costs of every nature in such case, including his own fees, the fees and expenses of the marshal, fees of witnesses, cost of support of prisoner or prisoners, and all other expenses incurred therein by the United States. Such statement of costs is separate and distinct from the quarterly account, and should be prepared and forwarded as soon as the total costs in the case have been ascertained.

1060. If it is found necessary to employ an interpreter in an extradition case, the matter should be taken up with the district attorney, who will make the necessary arrangements.

1061. In case the representative of the foreign Government desires to employ a stenographer to expedite the hearing, the stenographer should be paid by such representative and not by the commissioner or the marshal.

1062. No money should be received by the commissioner from any source other than the United States on account of fees or expenses of any character in connection with extradition cases.

1063. A commissioner can issue a warrant in an extradition case which will run into another district, but the defendant can not be returned to the commissioner who issued the warrant without a hearing in the district where he was arrested. (See 194 U. S., 205.)

1064. When a commissioner is engaged in hearing and deciding a criminal charge and also a case under the extradition treaty between the United States and Great Britain on the same day he is entitled, in addition to the per diem fee allowed by the commissioner's fee bill for hearing and deciding on criminal charges, to $5 per day for the time necessarily employed in hearing and deciding the case undersaid treaty. (See 18 Comp., 118.)

CHINESE-EXCLUSION CASES.

1065. No warrant of arrest for violations of the Chinese-exclusion laws shall be issued by a commissioner except upon sworn complaint. of a district attorney, assistant district attorney, collector, deputy collector, or inspector of customs, immigration inspector, marshal, or deputy marshal, or Chinese inspector, unless the issuing of such warrant shall first be approved or requested in writing by the district. attorney of the district in which issued. (See act Mar. 3, 1901, 31 Stat. L., 1093.)

1066. For services arising under the Chinese-exclusion laws a commissioner is entitled to the fee of $5 provided by the act of March 3, 1901, for "hearing and deciding," and to the fees provided by the act of May 28, 1896, for drawing complaints, issuing process, and for other miscellaneous services rendered in each case. (See 8 Comp., 195.)

1067. The fee of $5 provided by the act of March 3, 1901, for commissioners "for hearing and deciding a case arising under the Chineseexclusion laws" is not a case fee or a per diem fee, but is a specific fee chargeable in each case only upon the rendition of judgment. (See 8 Comp., 195.)

1068. If a commissioner suspends judgment in a Chinese-exclusion case to enable the defendant to present further evidence, there is no final judgment rendered by him, and he is not entitled to the fee provided by law for hearing and deciding. (See 9 Comp., 171.)

1069. If a defendant in a Chinese-exclusion case gives bond for his appearance before a commissioner for trial and afterwards defaults and forfeits his bond, and the commissioner certifies such facts to the district court, which thereupon issues a writ of scire facias for the collection of the penalty upon the bond, the commissioner is no

entitled to the fee of $5 for "hearing and deciding" a case. Comp., 649.)

(See 9

1070. (For transcripts in Chinese-exclusion cases see par. 1033.)

DOCKETS AND PAPERS.

1071. Section 21 of the act of May 28, 1896, requires that a commissioner's docket shall be a "complete record." Outgoing commissioners must deliver this docket to the clerk of the district court. See par. 977 u. All items of service should be recorded when the services are rendered. The record of proceedings shown by the docket should cover for each case:

(a) Name of defendant.

(b) Name and title (if any) of person making complaint.

(c) Date of approval of complaint by district attorney, if such approval is necessary. (d) Nature of offense charged, with the place and date of its alleged commission. (e) Place and date of arrest.

(f) Disposition of case.

(g) Name and residence of each witness for whom subpoena is issued or who is sworn, with information as to whether each is subpoenaed for the United States or for the defendant.

(h) Name and residence of each surety.

(i) Necessity for each continuance.

(j) The date and nature of each item of service in the case, an entry of the return made by the marshal on each writ, and all other material facts.

1072. If a rule of court requires the transmission of the original papers to court, they should be sent up immediately after the close of the hearing, unless otherwise directed.

1073. When original papers are not sent to court, they should be carefully filed in an orderly manner, all the papers in each case in a separate package. The use of file boxes is desirable.

1074. Books, blank forms, stationery, dockets, etc., must be obtained by commissioners at their own expense. They are not furnished by the Government.

EXPLANATIONS.

1075. Responses to requests by the Department of Justice for information relative to accounts should be made in duplicate. They should be addressed to the Chief, Division of Accounts, Department of Justice.

1076. Explanations to suspensions by the Auditor for the State and Other Departments should be sent to the auditor. They are not

required in duplicate. They should be dated, post-office address given, and supported by the following certificate:

I hereby certify that the foregoing statement is true and correct.

(Signed)

Official title.

1077. Explanations of items disallowed by the auditor should be sent to the Comptroller of the Treasury, if a revision of the auditor's action is desired. The disallowance of an item concludes the auditor's action, i. e., is final.

1078. All the items suspended by the auditor in a given account should be explained at one time, but explanations pertaining to different accounts should be made in separate communications. Accounts should be designated or referred to by certificate number and period. 1079. Suspended items should be considered in regular order and designated by specifying the item number and the amount claimed. Conceded items should be so indicated and the exact amount conceded stated.

1080. Items suspended and remaining unexplained for one year will be disallowed by the auditor.

1081. Interrogatories from this Department, statements of suspensions and disallowances by the auditor, copies of answers thereto, and other correspondence relating to a commissioner's accounts, should be carefully filed in his office, separate from other matters.

APPEALS TO, AND REQUESTS FOR DECISIONS BY, THE COMPTROLLER OF THE TREASURY.

1082. Payment accepted under settlement by the auditor precludes the person so accepting from obtaining a revision.

1083. If items disallowed have been repaid and deposited, and the auditor has balanced and closed the account, revision of such items can not be obtained, there being no outstanding difference.

1084. The comptroller is without jurisdiction to consider items standing suspended by the auditor.

1085. Application may be made to the Comptroller of the Treasury for his decision upon any question involving a payment to be made, or (within one year after date of settlement) a decision on items disallowed by the auditor. After the expiration of a year following settlement, appeal for revision may only be made to the auditor, based upon presentation of new facts.

1086. A copy of each request for a decision whether an appeal from a settlement, or the submission of a question involving a proposed

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