costs. This must be disallowed, as there is no authority for taxing such an item." Case No. 16. Jacobsen v. Lewis Klondike Expedition Co. (1901; 9th Cir.) 50 C. C. A. 121, 112 Fed. 73 (in admiralty). The court say (page 128): "We are also of the opinion that the exception to the item of $71 for costs incurred in the premium paid for bond should not be sustained. The claimant of the libeled vessel secured an order from the district court requiring the libelant to give security to the claimant in the sum of $5,000, to respond in damages as claimed in respondent's cross libel. The order was made in accordance with admiralty rule 53, and the libelant furnished the American Bonding & Trust Company of Baltimore City as surety on the indemnity bond. The cost for this security was $71, as charged in the cost bill, and allowed by the district judge. Expenses incurred under a lawful order of the court may be taxed as part of the judgment against the losing party. Neff v. Pennoyer, 3 Sawy. 336, Fed. Cas. No. 10,084; Simpson v. One Hundred & Ten Sticks of Hewn Timber, 7 Fed. 243, 246; Dennis v. Eddy, 12 Blatchf. 195, Fed. Cas. No. 3,793." Case No. 17. The Robert Dollar (1902; Wash.) 116 Fed. 79 (in admiralty). Judge Hanford said: "This court has heretofore decided that the prevailing party in an admiralty cause is entitled to recover, as part of the taxable costs, the amount of actual expenditures for a surety company bond, when necessary to release a vessel from custody, and the practice of the court in allowing such actual disbursements has been approved by the circuit court of appeals for the ninth circuit. The South Portland, 95 Fed. 295; Jacobsen v. Lewis Klondike Expedition Co., 50 C. C. A. 121, 112 Fed. 80." But he disallowed the item on the ground that it had not been actually paid. Case No. 18. Edison v. American Mutoscope Co. (1902; S. D. N. Y.) 117 Fed. 192. Lacombe, J., said: "Two of the items disallowed by the clerk, to wit, the premiums paid for appeal bond and for supersedeas bond, should be allowed. The court of appeals in the sixth circuit disallowed a similar charge when sought to be taxed as costs, the only reason stated being that there is no authority for taxing such an item.' Lee Injector Mfg. Co. v. Penberthy Injector Co., 48 C. C. A. 760, 109 Fed. 964. There is authority, however, for taxing legitimate and proper disbursements which are rendered necessary by rules of practice as disbursements in the circuit court, and these premiums seem to be such disbursements." Case No. 19. Pine River Logging Co. v. United States (1902) 186 U. S. 279, 22 Sup. Ct. 920. The court say: "The item of $353.69, reporter's fees for a transcript of the record used by the plaintiff in preparing its bill of exceptions on the former appeal, was improperly allowed. By Rev. St. § 983, lawful fees for exemplifications and copies of papers necessarily obtained for use on trials in cases where, by law, costs are recoverable in favor of the prevailing party, shall be taxed by a judge or clerk of the court;' and by rule 31, subdivision 3, of the circuit court of appeals, 'the cost of the transcript of the record from the court below shall be taxable in that court as costs in the case.' It has been held in a number of cases that section 983 did not include a transcript of the evidence for the personal use of counsel in preparing a case for an appellate court. Wooster v. Handy, 23 Blatchf. 113, 23 Fed. 49, 60, by Judge Blatchford, who says the language implies that the copies must have been actually used on or in the trial or final hearing, or at least obtained for such use. In The William Branfoot, 8 U. S. App. 129, 3 C. C. A. 155, 52 Fed. 390, 395, it was held by Mr. Justice Fuller that a copy of the official stenographer's notes, obtained for libelant by his counsel, was simply for convenience, and not a copy necessarily used on the trial, and the charge therefor was properly rejected. To the same effect are Gunther v. Liverpool, L. & G. Ins. Co., 20 Blatchf. 362, 390, 10 Fed. 830, Kelly v. Springfield R. Co., 83 Fed. 183, and Monahan v. Godkin, 100 Fed. 196. This error, however, does not render it necessary to reverse the judgment of the court below. The amount of the reporter's fees-$353.69-may be deducted from the judgment." Case No. 20. In re Hoyt (1903; N. C.) 119 Fed. 987 (in bankruptcy). Judge Purnell said: "The claim of the O. K. Stove & Range Company, amounting to $607.27, mostly for attorneys' fees and expenses, except as allowed by the special master, is disallowed. Two items in this claim are for bonds,-one it does not appear for what it was given; and the other states, 'bond to indemnify the marshal.' The costs in bankruptcy go, as in other causes, to the prevailing party. These parties have not prevailed, and are not entitled to costs. "Prior to the act of congress giving the privilege of giving bonds in surety companies (a modern convenience), such a thing as a fee for bondsmen was unheard of as costs. There is no act making it taxable as costs, and, while courts may have allowed such costs to prevailing parties litigant, it is a new departure, and has not yet become the rule of court. But this is upon a supposition or presumption. It does not appear the amounts were paid a surety company, and they must be disallowed for the reasons stated in the report of the special master." (95) CHAPTER XI. § 24. Statutes. WITNESS' FEES AND MILEAGE. 25. Attendance Without Subpoena. (a) Cases Holding Fees and Mileage not Taxable. 26. Mileage-More Than One Hundred Miles Travel. (a) Statutes. (b) Mileage Taxable Only Within Reach of Subpoena. (c) Mileage not Restricted to Reach of Subpoena. (d) Mileage More Than One Hundred Miles Within District. (e) Compensation Under Special Circumstances. 27. Attendance in More Than One Cause. 28. Number of Witnesses on Each Issue. 29. Attendance, Per Diem, etc. 30. Officers of Corporations as Witnesses. 31. Parties as Witnesses. 32. Clerks and Officers of the United States as Witnesses. 33. Witness' Fees and Mileage-Miscellaneous Matters. 34. Question of Payment Before Taxation. $ 24. Statutes. St. 1799, § 6 (1 Stat. 626), provided that the compensation to a witness "summoned" should be, etc. Under this statute it was held, in Dreskill v. Parish (1851) 5 McLean, 241, Fed. Cas. No. 4,076, that a party could not be taxed with the fee of a witness who was not regularly summoned. The statute of 1853 (10 Stat. 167), like the present statute, read: "For ance * * pursuant to law," etc. * attend Rev. St. § 823: "The following and no other com pensation shall be taxed and allowed to * * wit 1 |