The Federal Reporter Volume 177 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...Money received by a clerk of a Circuit or District Court of the United States as fees and emoluments is not public money of the United States when so received within the meaning of Rev. St. 5490 (U. S. Comp. St. 1901, p. 3704). Ed. Note.--For other cases, see Embezzlement, Cent. Dig. 29; Dec Dig. 21. 4. Clerks Of Courts ( 01)--Clerks Of Federal Courts--Returns Of Fees And Emoluments--Oath. The provision of Rev. St. 833 (U. S. Comp. St. 1901, p. 642), that the semiannual returns required thereby to be made by district attorneys, clerks of the Circuit and District Courts, and marshals shall be verified by the oath of the officer making the same was not repealed by Implication with respect to the returns by clerks by Appropriation Act June 28, 1902, e. 1301, 1, 32 Stat. 475 (U. S. Comp. St. Supp. 1909, p. 239). Ed. Note.--For other cases, see Clerks of Courts, Dec. Dig. 01. 5. Clerks Of Courts ( 61)--Returns Of Fees--Oath--Authority To Ad Minister--district Judge. The oath of a clerk of a District Court to his semiannual return maybe taken by the district judge. Ed. Note.--For other cases, see Clerks of Courts, Dec. Dig. 01. 6. Clerks Of Courts ( 76)--Indictment--Clerk Of Federal Court--Fals- Oath To Return. The provision of Rev. St. 833 (U. S. Comp. St. 1901, p. 042), and of Act June 28, 1902, c. 1301, 1, 32 Stat. 475 (U. S. Comp. St Supp. 1909, p. 239), requiring clerks of the District Court to make semiannual returns of fees and emoluments on the 1st days of January and July of each year, or within 30 days thereafter, is a mere regulation; and the fact that the return is not made until after the expiration of the prescribed time is no defense to an indictment charging the clerk w...