Henry Billings Brown

“ St. § 831, prohibiting a double per diem or other allowance for attendance 'when the circuit and district courts sit at the same time,' should be construed as indicating that congress intended to legislate against double per diems in all cases, and that it should be extended to cases like this, where the per diem is claimed for services before a commissioner on the same day that it is allowed for attendance upon the court. ”

“ In neither event can he draw more than $5, though he be engaged for the entire day, unless a case be in some manner finally disposed of by the court, when he becomes entitled, under another clause of the section, to an additional fee of from $5 to $50. ”