Wallace v. United States 21 Ct. Cl. 497

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.