ACT OF CONGRESS TO AMEND THE ACTS REGULATING THE FEES, COSTS, AND OTHER JUDICIAL SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That hereafter, before the accounts of the United States marshals, district attorneys and clerks, are presented to the accounting officers of the Treasury Department for settlement, they shall be examined and certified to by the district judge of the United States in the district in which the officers presenting the accounts officiate, whether in the states or territories, and the same shall be subject to revision upon their merits by said accounting officer, as in case of other public accounts: Provided, however, That no accounts of fees or costs paid to any witness or juror, upon the order of any judge or commissioner, shall be so reexamined as to charge any marshal for an enormous taxation of such fees or costs. SEC. 2. And be it further enacted, That the accounts of the commissioners of the United States circuit court shall be examined and certified to by the district judge of the district in which they are appointed, previous to their presentation to, or revision by, the accounting officers of the Treasury Department. SEC. 3. And be it further enacted, That in no case shall the fees of more than four witnesses be taxed against the United ́ States in the examination of criminal cases before the commissioners of the United States circuit courts, unless their materiality and importance shall first be approved and certified to by the United States district attorney for the district in which the examination shall take place, subject to revision, as in other cases. SEC. 4. And be it further enacted, That in all these cases before mentioned, an appeal shall lie from the decision of the accounting officers to the secretary of the Interior. SEC. 5. And be it further enacted, That the judges of the supreme court in each of the territories, or a majority of them, shall, when assembled at their respective seats of government, fix and appoint the several times and places of holding the several courts in their respective districts, and limit the duration of the terms thereof: Provided, That the said courts shall not be held at more than three places in any one territory: And provided, further, That the judge or judges holding such courts shall adjourn the same, without day, at any time before the expiration of such terms, whenever, in his or their opinion, the further continuance thereof is not necessary. SEC. 6. And be it further enacted, That all cost and fees for services rendered by the clerks of the several courts in the district of Columbia, chargeable to others than the United States, shall be payable immediately after the services are performed, and shall be collected by such rules and regulations, not incompatible with law, as may be prescribed by the courts in which such services are rendered, but shall in no case, be paid by the United States. SEC. 7. And be it further enacted, That the several circuit and district courts of the United States, the district courts of the territories, and the criminal court of the district of Columbia, shall have the power to discharge the grand juries of the respecsive courts whenever they shall be of opinion that the public interests will not be subserved by a further continuance of the session of said grand jury. SEC. 8. And be it further enacted, That no officer of the United States, including the bailiffs, guards, or deputies of the United States marshals, whether in the states, territories, or district of Columbia, shall be entitled to witness fees, either before a court, or commissioners where he is officiating. SEC. 9. And be it further enacted, That the United States shall hereafter be liable to the justices and constables of the county of Washington, in the district of Columbia, for their fees, and services in cases of felony only, and so much of the fifteenth section of the act of May seventeenth, eighteen hundred and forty-eight, entitled, "An act to continue, alter, and amend the charter of the city of Washington," as provided otherwise, is hereby repealed; said fees shall be paid by the United States marshal, upon the approval of the judge of the criminal court of the district of Columbia, subject to the revision by the accounting officers of the treasury, and to appeal to the secretary of the interior. SEC. 10. And be it further enacted, That it shall be the duty of each of the judges of the supreme court of the respective territories of the United States to designate and appoint one person as clerk of the district over which he presides, where one is not already appointed, and to designate and retain but one such clerk where more than one is already appointed, and only such district clerks shall be entitled to a compensation from the United States except for fees taxable to the United States. SEC. 11. And be it further enacted, That so much of the third section of the act of February twenty-sixth, eighteen hundred and fifty-three, entitled "An act to regulate the fees and costs to be allowed to clerks, marshals and attorneys of the circuit and district courts of the United States, and for other purposes," as requires "that when the compensation of any clerk shall be less than five hundred dollars per annum, the difference ascertained and allowed by the proper accounting officers of the treasury shall be paid to him therefrom," is hereby repealed. SEC. 12. And be it further enacted, That all accounts of the United States district attorneys for services rendered in cases instituted in the United States or state courts, when the United States is a party in interest, but not of record; or in cases instituted against the officers of the United States or their deputies or duly appointed agents, for acts committed or omitted or suffered by them in the lawful discharge of their duties, shall be audited and allowed as in other cases, assimilating the fees, as near as may be, to those provided by said act of February twenty-sixth, eighteen hundred and fifty-three, for like or similar services. SEC. 13. And be it further enacted, That no marshal or deputy marshal, of any of the courts of the United States, shall hold or exercise the duties of commissioner of any of said courts, nor receive compensation therefor. SEC. 14. And be it further enacted, That whenever from any cause, it may be impossible for the district attorney to attend at court, it shall be his duty to see that a meet and proper person, learned in the law, residing as near the place where the court is held as possible, does attend to such business as may appertain to the duties of his office, and in all such cases, the fecs and charges to be paid shall be only such as the district attorney would have been authorized by law to charge had he personally attended and performed the service: Provided, however, That before any substitution is sanctioned, or payment made, the necessity therefor shall be shown to the satisfaction of the secretary of the interior. SEC. 2. And be it further enacted, That all provisions of law inconsistant with this act are hereby repealed. APPROVED, August 16th, 1856. AN ACT REQUIRING AN OATH OF ALLEGIANCE, AND TO SUPPORT THE CONSTITUTION OF THE UNITED STATES, TO BE ADMINISTERED TO CERTAIN PERSONS IN THE CIVIL SERVICE OF THE UNITED STATES. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be the duty of the heads of the several departments to cause to be administered to each and every officer, clerk, or employé, now in their respective departments, or in any way connected therewith, or who shall hereafter in any way become connected therewith, the following oath, viz: "I do solemnly swear (or affirm, as the case may be,) that I will support, protect, and defend the constitution and government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution, or law of any state convention or legislature to the contrary notwithstanding; and, further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever; and further, that I will well and faithfully perform all the duties which may be required of me by law. So help me God." And that each and every such civil officer and employé, in the department aforesaid, or in any way connected therewith, in the service or employment of the United States, who shall refuse to take the oath or affirmation herein provided, shall be immediately dismissed and discharged from such service or employment. SEC. 2. And be it further enacted, That the oath or affirmation, herein provided for in the first section of this act, may be taken before any justice of the peace, or notary public, or other person who is legally authorized to administer an oath in the state or district where the same may be administered. And that any violation of such oath, by any person or persons taking the same, shall subject the offender to all the pains and penalties of wilful and corrupt perjury, who shall be liable to be indicted and prosecuted to conviction for any such offence before any court having jurisdiction thereof: And provided further, That such offender shall be forthwith discharged from such service or employment. APPROVED, August 6, 1861. AN ACT TO PRESCRIBE AN OATH OF OFFICE, AND FOR OTHER PURPOSES, SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter every person elected or appointed to any office of honor or profit under the government of the United States, either in the civil, military or naval departments of the public service, excepting the president of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe to the following oath, or affirmation: "I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof: that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto: that I have neither sought nor accepted, nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States: that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto. And I further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the constitution of the United States against all enemies foreign and |