Heyward v. United States
| Decision Date | 26 February 1889 |
| Citation | 37 F. 764 |
| Parties | HEYWARD v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fourth Circuit |
John R Bellinger, for plaintiff.
H. A De Saussure, Asst. U.S. Dist. Atty.
The plaintiff is a commissioner of the courts of the United States in this district. He brings his action on the following account, for the period between 1st January, 1887 and 31st March, 1888; making dockets in 33 cases in which issue was joined, and testimony taken, $99; for making dockets in 5 cases in which no testimony was taken, $10; for issuing 16 temporary commitments, $20; for issuing 6 orders for discharge of defendants, $1.50; for taking 24 acknowledgments, $6; for transcript of docket for November term, 1887, of circuit court, 20 folios, $3. The docket has been exhibited in evidence, carefully and accurately kept. The commitments of persons whose examination extended beyond one day have been proved. So, also, with the orders of discharge. The item for acknowledgments is made up of charges for the acknowledgment of recognizances by parties, one charge being made for each name signed to the recognizance and not for each recognizance. The transcript of the docket was made and sent up under an order of the circuit court passed December 8, 1881, in accordance with the request of the attorney general, and precisely in the words requested. The charge for docket fees must be disallowed for the reasons given in Calvert v. U.S., ante, 762, (just filed.) The charge for temporary commitments is allowed because the commitments are deemed necessary. When the deputy-marshal under warrant, arrests a person, and brings him before a commissioner, the exigency of the warrant is fulfilled. Thenceforward the person is in the custody and at the disposal of the commissioner. If his examination is not completed in one day, and stands over, the commissioner, for his own protection, as well as in the interest of the law, must commit him. He has no place of his own, or, rather, he cannot be required to have a place of his own, in which to imprison persons. Hence, if he is within reach of the jail, he can commit him to the care of the jailer. This should be done in writing. The protection of the liberty of the citizen, the safety of the jailer, the accuracy of his claim on the government, all require that no person should be imprisoned except upon an order distinctly stating when, by whom, and for what, he is imprisoned. So...
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State v. Wilson
... ... 686-687; Lang v. People, ... 14 Mich. 442; Gay v. State, 7 Kan. 402; Heyward ... v. U.S. 37 F. 764; 34 Cyc. 538; People v ... Barrett, 202 Ill. 287; State v. Dorr, 59 ... 93; 3 Am. & Eng. Ency. Law (2 Ed.), p. 687; Cole v ... Warner, 93 Tenn. 155; Swan v. United States, 3 ... Wyo. 151. Where a bond or other written obligation, signed by ... the parties, ... ...
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Marvin v. United States
... ... of a warrant from the court. The first warrant of the ... commissioner is simply to arrest and bring before him; and, ... when it is executed, it has spent its force. A commitment to ... jail becomes necessary if the prisoner is to be held. Ex ... parte Morrill, 35 F. 261; Heyward v. U.S., 37 F ... 764. In this district, the copy which is required by section ... 1028 to be left with the jailer is made and certified by the ... commissioner. The fees for the warrant or mittimus, filing ... the same upon its return, entering the return, the copy, and ... the certificate, ... ...
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Goodrich v. United States
... ... Contra: McDermott v ... U.S., Id. 217; Phillips v. U.S., 33 F. 164; ... Bell v. U.S., 35 F. 889; Rand v. U.S., 36 ... F. 671; Hoyne v. U.S., 38 F. 542 ... [42 F. 394] ... A ... commissioner is entitled to 25 cents for each recognizance ... McKinstry v. U.S., 40 F. 813; Heyward v ... U.S., 37 F. 764. Contra: Crawford v. U.S., 40 ... F. 446; Barber v. U.S., 35 F. 886; Rand v ... U.S., 36 F. 671 ... He is ... entitled to charge for two subpoenas in the same case if they ... were necessary. This charge was disallowed by the comptroller ... on the ground ... ...
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Taylor v. United States
...the circuit justice and the circuit judge, thus establishing the commissioner's right to them in the fifth judicial circuit. And in Heyward v. U.S., 37 F. 764, a for but one acknowledgment was allowed for all the acknowledgments to a bond; but this is the only case so holding, and the only ......