Volume 60 · 753
Public Law 79–721
To amend section 21 of the Act of May 28, 1896 (29 Stat. 184; 28 U. S. C., sec. 597), prescribing fees of United States commissioners.
Approved August 1, 1946
Statutory text
AN ACT
To amend section 21 of the Act of May 28, 1896 (29 Stat. 184; 28 U. S. C., sec. 597), prescribing fees of United States commissioners.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 21 of the Act of May 28, 1896 (ch. 252, 29 Stat. 184, 28 U. S. C., sec. 597), be amended to read as follows:
“Sec. 21.
The fees of United States commissioners for the following services in connection with criminal eases shall be as provided in the following subdivisions of this section. The additional compensation
Ante, p. 217.
provided for by section 521 of the Federal Employees Pay Act of 1945, as amended by section 6 of the Federal Employees Pay Act of 1946, shall apply to the fees for the specified services prescribed in this Act.
“(a) In each case in which a complaint in writing and sworn to shall have been lodged with the commissioner, for all services rendered prior to the presentation of the accused before the commissioner, a fee of $2.50, said fee to accrue when the complaint is filed.
“(b) In each case in which the accused is presented before the commissioner for binding over, for all services rendered after the presentation of the accused a fee depending upon the number of such cases disposed of by the commissioner during the quarterly accounting period either by discharge or by binding over, as follows:
“(1) $7 for each of the first twenty-five cases so disposed of;
“(2) $6 for each of the next twenty-five cases;
“(3) $5 for each of the next fifty eases; and
“(4) $2 for each of all cases over one hundred.
“(c) In each case in which the accused is presented before the commissioner not for binding over but only for purposes of bail, whether or not bail is taken or a commitment is ordered, a fee of $2.50.
“(d) Application for search warrant.
For all services in connection with each formal, written application for a search warrant, whether the application be granted or denied, a fee of $4.
“(e) Application by convict for examination.
For all services in connection with the application by a convict for examination under sections 1042 and 5296 of the Revised
18 U. S. C., Supp. V, § 641 note.
Ante, p. 524.
Statutes of the United States, as amended (18 U. S. C., sec. 641), a fee of $4.
“(f) For all services in each case in which the commissioner under
Conduct of trial, etc.
the authority of section 1 of the Act approved October 9, 1940 (54 Stat. 1058; U. S. C., of 1940, title 18, sec. 576) and under the rules promulgated by the Supreme Court under the authority of section 2 of said Act (U. S. C., of 1940, title 18, sec. 576a), conducts
the trial or on a plea of guilty imposes sentence, a fee of $10 in lieu of all other fees herein provided.
“(g) For all purposes of this section, each accused shall be considered
“Case.”
as a ‘case’.”
Sec. 2.
Each United States commissioner shall be entitled to the
Civil cases.
following-named fees for the following services in connection with civil cases:
For attending to a reference in a litigated matter in a civil cause or in admiralty in pursuance to an order of the court, $5 a day.
For taking and certifying depositions to file in civil cases, 10 cents for each folio; for each copy of the same furnished to a party on request, 10 cents for each folio.
For the purpose of computing the compensation of commissioners as provided in this amendment, services performed in a case in connection with the issuance of an attachment and subsequent hearing in Internal Revenue matters as provided for in section 3615 (e) of the Internal Revenue Code, approved February 10, 1939 (53 Stat. 439, 26 U. S. C., sec. 3615 (e)), and services performed in a case in connection with settling or certifying the nonpayment of a seaman’s wage, as provided for in sections 4546 and 4547 of the Revised Statutes of the United States as amended (46 U. S. C., secs. 603 and 604), shall be considered as cases under section 21 (b) of the Act of May 28, 1896 (ch. 252, 29 Stat. 184, 28 U. S. C. 597) as amended by this Act and shall be charged for and compensated accordingly.
Sec. 3.
No commissioner may receive compensation for his services
Restriction on compensation.
in that capacity in excess of $7,500 for any one calendar year (exclusive of additions under section 521 of the Federal Employees Pay
Ante, p. 217.
Act of 1945 as amended by section 6 of the Federal Employees Pay Act of 1946).
Sec. 4.
None of the provisions hereof shall apply to United States
Commissioners in Alaska.
commissioners in the Territory of Alaska.
Sec. 5.
This Act shall become effective on the first day of the
Effective date.
month succeeding its approval and shall apply to all cases arising thereafter. A case shall be deemed to arise when it first requires action of a commissioner.
Approved August 1, 1946.