TWENTY-SEVENTH CONGRESS. Sess. II. Ch.29. 1842.
484
Surplus to bepaid into theTreasury, &c.
Further provi-so •. no per diemto be made incertain cases.
Proviso.
Miscellaneous.Annuities andgrants.
Treasury, a sum exceeding six thousand dollars per year, or at and afterthat rate, for such time as lie shall hold the office; and every such offi-cer shall, with each such return made by him, pay into the Treasuryof the United States , or deposite to the credit of the Treasurer thereof,as he may be directed by the Secretary of the Treasury, any surplusof the fees and emoluments of his office, which his half-yearly return somade as aforesaid shall show to exist over and above the compensationand allowances hereinbefore authorized to be retained and paid by him.And in every case where the return of any such officer shall show thata surplus may exist, the said Secretary of the Treasury shall cause suchreturns to be carefully examined and the accounts of disbursements tobe regularly audited by the proper officers of his Department, and anacco,..it to be opened with such officer in proper books to be providedfor that purpose, and the allowances for personal compensation for eachcalendar year shall be made from the fees and emoluments of that year,and not otherwise : And provided, further , That nothing in any exist-ing law of Congress authorizing the payment of a per diem compensa-tion to a district attorney, clerk of a district court, or clerk of a circuitcourt, or marshal, or deputy marshal, l'or attendance upon the district orcircuit courts during their sittings, shall be so construed as to authorizeany such payment to any one of those officers for attendance upon eitherof those courts, while sitting for the transaction of business under thebankrupt law merely, or for any portion of the time for which either ofthe said courts may be held open, or in session, by the authority con-ferred in that law; and no such charge, in an account of any such offi-cer, shall be certified as payable, or shall be allowed and paid out of themoney hereinbefore appropriated for defraying the expenses of the courtsof the United States , unless such district attorney, clerk, or marshal,shall be required by the judge of said court or the Solicitor of the Trea-sury to attend the sessions of the same, and shall actually attend for theperformance of the duties of his said office. And no per diem or otherallowance shall be made to any such officer for attendance at rule days,of the circuit or district courts, and when the circuit and district courtssit at the same time, no greater per diem or other allowance shall bemade to any such officer than for an attendance on one court: Andprovided further, That the district attorney, marshal, clerk of the cir-cuit court and clerk of the district court of the United States for thenorthern and southern districts of New York , shall not hereafter receiveany greater or other fees and emoluments, including fees and emolu-ments under the act entitled “An act to establish a uniform system ofbankruptcy throughout the United States, ” for services rendered bythem, respectively, in the said courts, than now are or hereafter may beallowed by the laws of the State of New York to attorneys, solicitors,counsel, sheriffs, and clerks, in the highest courts of law or equity, oforiginal jurisdiction, of the State of New York , according to the natureof the proceedings, for like services rendered therein : Provided, Thatno part of the fund hereby appropriated, shall be applied unless in addi-tion to the certificates now required by law, the clerk of the said courtshall certify in his official capacity, that the services have been rendered,and the supplies furnished for, and used by the court, and that thecharges therefor were legal and proper.
Miscellaneous. —No. 168. Annuities and grants: Josiah H. Webb,per act of twelfth December, eighteen hundred and eleven, fifty dollars;Rachael Dohrman, per act of third March, eighteen hundred and sev-enteen, three hundred dollars; Elizabeth C. Perry, per act of secondMarch, eighteen hundred and twenty-one, four hundred dollars; Eliz-abeth M. Perry, per act of second March, eighteen hundred and twenty-one, one hundred and fifty dollars; making in all nine hundred dollars.
No. 169. For survey of the coast of the United States , including