payment has been made to the claimant from the appropriation "Fees of Witnesses, U. S. Courts."

694. If vouchers contain charges for Sunday per diems, it must be shown affirmatively that services were actually and necessarily rendered on such days.

695. These vouchers should be prepared in duplicate, and all of the information contemplated by the forms supplied. If expenses are allowed, subvouchers should be furnished as far as practicable. Receipts for railroad fare, sleeping-car fare, or single meals are not required. The purpose of each trip must be shown.

PRINTING RECORDS AND BRIEFS.

696. For instructions relative to the printing of records and briefs see paragraphs 891 to 895, in instructions to clerks of United States courts.

696a. As all cases in which the United States is a party or interested, pending in the Supreme Court of the United States, are looked after by the Department itself, the printing of briefs on behalf of the Government therein at the request of United States attorneys will not be granted.

EXPENSE OF ABSTRACTS OF TITLE.

(See also paragraph 727.)

697. If an abstract of title is needed for use in condemnation proceedings application for authority to procure same, accompanied by two or more competitive bids, should be transmitted to the department, prepared upon Form 25–B.

698. If the land is needed as a site for a public building (other than a life-saving station or a pierhead light) and the land is to be purchased, without resorting to condemnation proceedings, the grantor in each case must furnish, free of all expense to the Government, all requisite abstracts, official certifications, and evidences of title that the Attorney General may deem necessary. (See act of Mar. 2,

1889, 25 Stat. L., 941; also see 7 Comp., 53.)

699. The expense of procuring an abstract of title to land to be used as a site for a fortification (as distinguished from a public building) is a proper charge against the appropriation made for the purchase of the site, if the abstract is needed by the United States attorney to assist him in examining the title, provided the land is to be purchased and not condemned. (See 3 Comp., 216.)

OFFICE FILES AND RECORDS.

700. All incoming letters, telegrams, and other papers, as well as copies of all outgoing letters, telegrams, etc., pertaining to a given case or proceeding should be placed together in an orderly manner

and filed under a cover or label, stating definitely the title and nature of the action. These groups of papers should be arranged according to the docket numbers of the respective proceedings.

701. All incoming letters, telegrams, etc., and carbon copies of all outgoing letters, etc., which do not pertain to a given proceeding and can not, therefore, be suitably filed, as directed in the foregoing paragraph, should be carefully classified and filed alphabetically by subjects. The copy of the answer to each letter or telegram should be placed therewith.

DOCKETS.

702. The following dockets, which must be kept up to date, are prescribed for use by district attorneys. They are furnished by the department upon requisitions, which should be prepared upon Form 17 A:

(a) Register of complaints.

(b) Grand jury docket.
(c) Criminal docket.
(d) Civil docket.

(e) Witness docket.

703. There should be entered in the register of complaints all formal complaints (other than those which are manifestly trifling, frivolous, or which clearly do not involve violations of United States laws), whether oral or written and whether prosecution is or is not instituted. The following information should be recorded:

(a) Name of person submitting complaint.

(b) Name of person making affidavit for warrant of arrest, if any is to be issued.

(c) Date of said affidavit.

(d) Nature of offense charged and name and residence of defendant. (e) Names and addresses of proposed witnesses as far as known. (f) Result of the preliminary hearing, if held, of the accused.

704. There should be recorded in the grand jury docket the names of defendants, and of witnesses for the Government, and any other information essential to the proper presentation of the case. The action of the grand jury should be shown in each matter. Information should be recorded in this docket promptly as received from day to day, in order that the docket may be ready for immediate use in the grand jury room.

705. There should be recorded in the criminal docket every step taken in each criminal case after an indictment is found or information filed, until its final determination.

706. There should be recorded in the civil docket a brief entry of every pleading and proceeding in each civil case brought on behalf of or against the United States; from the issuance of the praecipe to its conclusion.

707. There should be recorded in the witness docket the following data:

(a) Names and addresses of all witnesses subpoenaed for the Government in both civil and criminal cases.

(b) Dates when witnesses are summoned to appear, when they attend, and when they are discharged.

DOCKET REPORTS.

708. A report on Form No. 90 of each and every case, civil or criminal, in which the district attorney enters his appearance as a representative of the United States or any department, bureau, or office thereof, whether handled by the district attorney or by special counsel, must be transmitted to the Department of Justice not later than the close of business on the day following its institution. such report must show:

(a) The court docket number.

(b) The name of each and every party.

Each

(c) When, where, how (by indictment, information, or otherwise), and in what court commenced.

(d) The departmental identification number. For instance, in cases under the 28-hour law, show Department of Agriculture number; in cases under the safety-appliance act, show Interstate Commerce Commission number, etc.

(e) In civil cases.--The exact nature of the case and on what account money or other claims are made. In suits to recover land the acreage and description, as well as the purpose, should be stated. This rule applies also to other classes of property.

(f) In criminal cases.-The specific offense charged; statute violated; and sufficient additional information to show the classification of the case. For instance, in indictments under sections 35, 37, and 125 of the Penal Code, the report should show the object of submitting the false claim, to whom presented, etc.; give the crime in connection with which a conspiracy arises, state whether to defraud the United States, and the object of the conspiracy; and in cases of perjury, show the offense out of which the perjury charge grows.

709. A report on Form 91, which is a continuation sheet of Form 90, designed to show all material docket entries made subsequent to the institution of the case, must be made at the close of each calendar month, and also within five days after the business of the United States has been disposed of for each term of court. Such report should show:

Items (a), (b), (c), and (d), as described under Form No. 90.

(e) The transfer of cases to another division. State both old and new docket numbers.

(f) All material docket entries in the case, with dates.

(g) The conclusion of the suit. Show the exact amount of money or property recovered; the amount of fine or penalty imposed, the costs and interest as separate items, and in cases of imprisonment, give date of sentence and place of confinement.

(h) In cases settled out of court, show the amount of land, money, or other property recovered.

ADMINISTRATIVE FORESIGHT AND ECONOMY.

710. The issuance of alias and pluries writs of capias when there is no expectation of service, and writs of fieri facias or executions when there is no expectation that anything will be realized, should be avoided. Sound discretion should be exercised in such matters. If the clerk of the court issues executions in United States cases without being first requested to do so, the matter should be brought to the attention of the court.

711. District attorneys should endeavor to see that only responsible sureties are accepted and the expense of forfeiting worthless bail bonds and recognizances avoided.

712. Frivolous and unnecessary prosecutions should not be initiated. Any disposition by commissioners to encourage such prosecutions should be reported to the court, and like practice by deputy marshals to the marshal and Attorney General.

713. Only necessary witnesses should be subpoenaed. They should be discharged as promptly as practicable. In all cases where any considerable expense is involved there should be cooperation in this matter with the Bureau of Investigation of the department and proposed witnesses interviewed by agents of this bureau to determine whether it is worth while to have them subpœnaed.

714. There should be noted in the witness' docket the dates of attendance and discharge of witnesses, and a memorandum of same furnished to the clerk of the court.

715. With the consent of the judge, a definite number of cases should be assigned for trial each day during the time allowed for the transaction of criminal business. Such assignments should be made with particular reference to the attendance of witnesses, that they may be examined and discharged at the carliest possible opportunity.

716. Witnesses who are to appear at approximately the same time in two or more cases at one term should not be served with separate subpoenas as to each case. This matter may be controlled by naming each witness only once in the præcipes for a given term.

NOTE. See paragraphs 526 to 535, relative to advances to witnesses.

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717. Section 362 R. S. U. S., places district attorneys under the general supervision and direction of the Attorney General.

717a. All reports, recommendations or requests for instructions, unless otherwise specifically directed, should be made to the Attorney General.

717b. CONTROL OF CAUSES.-The control (extrajudicial) of the conduct and disposition of all litigation, both civil and criminal, in which the Government of the United States is interested, either directly or indirectly, is at all times in the Attorney General of the United States.

718. Section 771 R. S. prescribes the general duties of district attorneys in both civil and criminal matters.

719. Among the specific duties required by various statutes are the initiation and prosecution, or defense of, or performance of, other legal services in connection with:

(a) Actions brought against officers of either House of Congress on account of their official acts (see 18 Stat., 401); taking testimony with relation to any private claim pending before Congress (see 20 Stat., 278);

(b) The procurement of title for public buildings, other than lifesaving stations and pierhead sites (see R. S., sec. 335; 25 Stat., 941);