Henry Billings Brown

“ The reasons for double allowance in this case are much stronger than in the Case of Erwin, since the commissioner acted in a double capacity-First, as clerk of the court; and, second, as a commissioner of the circuit court. There is no incompatibility between these offices, and, as congress has never legislated against their being held by the same person, the practice has obtained in most of the districts of appointing the clerk a commissioner. ”

“ St. § 1030. 'no writ is necessary to bring into court any prisoner or person in custody. or for remanding him from the court into custody, but the same shall be done on the order of the court or district attorney, for which no fees shall be charged by the clerk or marshal.' Before this item can be allowed, we think it should be made to appear that the commitments were issued in cases not falling within the above section, and hence that they were a proper charge under the circumstance of each particular case. It is entirely possible that the clerk may be entitled to the fees charged. ”