form provided for this purpose, one copy to be filed with the duplicate account and two copies sent to the department with the original

account.

298. This abstract indicates how much of the total amount disbursed under each appropriation covers expenses which were incurred during the quarter for which the account is rendered and how much covers expenses which were incurred during each prior quarter, respectively. The general abstract should be carefully verified.

EXPLANATIONS,

SUSPENSIONS,

DISALLOWANCES,

AND RE

QUESTS FOR DECISIONS FROM THE COMPTROLLER.

299. Responses to requests from the Department of Justice for information relative to accounts should be in duplicate. They should be given immediate attention.

300. For instructions relative to explanations, suspensions, appeals to, and requests for decisions from, the Comptroller, see paragraphs 1075 to 1087, instructions to commissioners.

PAYMENT TO INTESTATE DECEDENTS.

301. Before making payment upon the vouchers of a deceased person, upon whose estate letters of administration or letters testamentary have not been issued, a special affidavit must be executed by the party in interest and attached to the voucher. Forms for such affidavits will be furnished by the Department of Justice upon application.

FEES AND COSTS IN EXTRADITION CASES.

(Fugitives from foreign jurisdiction.)

302. Credit for disbursements in extradition cases should be claimed in the regular quarterly accounts, as in other cases, the same rules and limitations being applicable. (See 32 Stat. L., 475.)

303. An abstract of such disbursements separate from and in addition to the regular abstract, showing the voucher and page where each case is to be found, must accompany quarterly accounts. 304. Form 21 should be used for abstracting salaries, fees, and expenses of marshals, and Form 125 for other appropriations.

305. When the entire amount of the marshal's fees and costs in a given extradition case has been definitely ascertained, he should immediately furnish an itemized statement thereof to the judge or commissioner who heard the case, in order that the latter may forward to the Department of Justice a certified statement of all fees and costs of every nature therein (including his own fees when the hearing is by a commissioner).

895-16- -6

306. Marshals should not pay for services of an interpreter in an extradition case unless authorized by the department.

307. If 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 marshal.

308. No money should be received by the marshal from any source other than the United States on account of fees or expenses in extradition cases.

309. A warrant of arrest issued by a commissioner in an extradition case may be served outside of the 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.)

EARNINGS FROM INDIVIDUALS AND CORPORA

TIONS.

DEPOSITS TO SECURE PAYMENT OF COSTS.

310. A bond or deposit to secure costs must be obtained in advance, covering proposed services for individuals and corporations, unless they are relieved from prepayment by the act of June 25, 1910 (see 36 Stat. L., 866), or some other provision of law.

310a. 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, but this oath relieves only the individual who takes it from the prepayment of fees and costs. If the poor suitor prevails, your fees for services rendered in his behalf should be collected and reported in the usual manner.

311. Bonds must be drawn to cover specifically the payment of all costs accruing to the United States.

312. Receipts on Form 63 should be given for deposits made to secure costs.

AMOUNTS COLLECTIBLE.

313. Fees and emoluments which were, by law, payable to marshals prior to the act of May 28, 1896, are collectible from private litigants. They should be collected promptly and paid to the clerk of the court having jurisdiction, receipts to be taken in duplicate on Form 71, the originals retained and the duplicates attached to the marshals' original accounts. (See 29 Stat. L., 179.)

314. Regular fees, as described elsewhere under their respective headings, are collectible from individuals and corporations.

315. In the districts of Arizona, Idaho, Nevada, New Mexico, North Dakota, and Wyoming double fees should be collected. (For districts in which double fees are payable to witnesses, see par. 491.)

316. If the officer serving such process receives from the Government actual expenses, and such expenses are greater than the mileage, said actual expenses are collectible; if, however, the mileage is greater than the actual expenses, said mileage is collectible.

317. When two or more writs are served on the same trip on behalf of different individuals or corporations, mileage should be collected on each of such writs.

318. When more than two writs are served on the same person on the same trip on behalf of the same individual or corporation, mileage should be collected on only two of such writs.

319. The actual expenses, chargeable against the United States, of making an unsuccessful endeavor to serve process for private litigants should be collected.

320. If objection be made to the directions contained in the preceding paragraphs, the marshal should submit the matter to the court for instructions. (See 15 Comp., 408.)

ABSTRACTING AND REPORTING.

321. Earnings from individuals and corporations should be reported on the abstract of the voucher (Form 21) in which the earnings are shown. All the data contemplated by the form should be furnished.

322. Uncollected earnings, in addition to being shown on Amended Form 21, should be reported on Form 72, and the failure to make collection fully explained.

323. Collections made on account of earnings for prior quarters should be reported on Form 72, but only in the column entitled "Amount paid to clerk.”

324. If there are no uncollected earnings and no collections on account of earnings of prior quarters, certificate to that effect, on Amended Form 72, should accompany the account.

325. Receipts from the clerk should be arranged in the order in which the cases are entered on the abstract and attached to the upper left-hand corner.

MISCELLANEOUS.

326. If it is necessary that an expense not provided for by section 829 R. S., U. S., be incurred in a case between private litigants, it should not be charged in the marshal's account, but should be paid directly by one or more of the parties to the suit, under an order or rule of court. (See 5 Comp., 871.)

327. In cases between private litigants, the expense of keeping personal property (par. 471 (b) and (0)), when payable to parties other than deputy marshals, should be paid directly (or through the marshal) by the parties to the action, but never from judiciary funds. Such items should not appear in the marshal's accounts. If, however, such services are rendered by the marshal or his deputies, the