delivered the opinion of the Supreme Court, January 18, 1886.
JOHN H. WALLACE v. THE UNITED STATES.
(20 C. Cls. R., 273; 116 U. S. R., 398.)
On the defendants’ Appeal.
A circuit court, at the request of the Attorney-General, orders each commissioner to keep a prescribed docket of criminal proceedings. The court allows a docket fee of $3 in each case where issue was joined and testimony taken, and $1'in cases where the defendant was discharged.
The court below decides—
(1.) An order of a circuit court requiring each commissioner to keep a prescribed docket in criminal proceedings before him is a legal requirement entitling the commissioner to compensation.
(2.) A commissioner legally bound to keep a docket of cases coming before him is entitled, under the Revised Statutes, section 847, to the fees prescribed for clerks by section 828.
(3.) When a statute (Rev. Stat., § 828) allows a commissioner the compensation allowed to clerks for “ Wee service,” it means similar, not identical service.
The judgment of the court below is affirmed on the same grounds.
Case Details
21 Ct. Cl. 497
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