This was known to the district judge when lie examined and certified the account. and his accounts so made out to July. 1884. were examined and adjusted by the accounting officers of the Treasury. Under a rule made by the district court in 1855 the clerk had charged and received the $3 as a gross sum for examining In advance of their presentation to the court the application papers and reporting to the court whether they were in conformity with law. and had made no division for specific services. according to any items in the fee bill in sections 823 et seq. of the Revised Statutes. In a suit brought In December. 1884. on the official bond of the clerk. against him and his surety. to recover the amount of the naturalization fees: Held(1) The provision in section 823. taken from section 1 of the act of February 26. 1853 (chapter 80. 10 Stat.. 161). that the fees to clerks shall be "taxed and allowed." applies. prima facie. to taxable fees and costs in ordinary suits between party and party prosecuted in a court. and there is no specification of. naturalization matters in the fees of clerks. (2) The statute being of doubtful construction as to what fees were to be returned. the interpretation of It by judges. heads of departments. and accounting officers. contemporaneous and continuous. was one on which the obligors in the bond had a right to rely. and. it not being clearly erroneous. it will not now be overturned. This was an action at law to recover from the defendants in error fees which it was claimed the clerk of the district court of the United States for the district of Massachusetts should have accounted for. the defendants being the clerk and his bondsman. Judgment for defendants. to review which this writ of error was sued out.
Keywords matched
naturalization