Executive Order 8062—Tariff of Fees of Officers of United States Court for China

By virtue of the authority vested in me by section 9 of the act of June 30, 1906, 34 Stat. 816 (U. S. C., title 22, sec. 202), I hereby prescribe, in terms of the American dollar, the following tariff of fees to be charged and collected by officers of the United States Court of China:

FEES OF CLERK

1. Upon the institution of any suit or proceeding in the United States Court for China, the Clerk of the Court shall collect from the party or parties instituting such suit or proceeding, as a fee for all services to be performed by the Clerk therein, except as hereinafter provided, the sum of $5.00.

2. Upon the filing of any answer or paper joining issue or the entering of an order for trial, the Clerk shall collect from the party or parties filing such answer or paper, as an additional fee for services performed and to be performed by the Clerk in such suit or proceeding, the sum of $5.00: Provided, that after one fee, as hereinbefore provided in this paragraph, has been paid by any defendant, cross-petitioner, intervenor, or party, other defendants, cross-petitioners, intervenors, or parties, separately appearing or filing any answer or paper in such suit or proceeding, shall pay a further fee of $2.00 for each answer or paper so filed: And provided further, that upon a plea of guilty in any criminal case there shall be charged in the costs the sum of $5.00, which, however, shall not be demanded of any such defendant unless and until by order, judgment, or decree of the Court the costs in the case are taxed and assessed against him.

3. Upon the entry of any judgment, decree, or final order of the Court in any suit or proceeding, the Clerk shall collect from the prevailing party or parties, as an additional fee for services performed and to be performed in such suit or proceeding, the sum of $5.00. In any criminal case the Clerk shall not be required to account for any such fee not collected by him.

4. Upon the filing of any petition for appeal to any Circuit Court of Appeals or the Supreme Court of the United States, the Clerk shall collect from the party or parties prosecuting such appeal, as an additional fee in such suit or proceeding, the sum of $5.00.

5. Upon the filing of any petition or application for a writ of habeas corpus the Clerk shall collect from the petitioner or applicant as full payment for all services performed or to be performed by him in such proceeding, the sum of $5.00. If an appeal is prosecuted from the order of the Court in such proceeding, the Clerk shall collect an additional sum of $5.00, as provided in paragraph 4 hereof.

6. For each additional trial or final hearing, upon a reversal by a Circuit Court of Appeals or the Supreme Court of the United States, or the granting of a new trial or rehearing by the Court, the Clerk shall collect from the party or parties securing such reversal, new trial, or rehearing, the sum of $5.00. The Clerk shall not be required to account for any such fee not collected by him in any criminal case.

7. In probate matters, the Clerk shall collect an inclusive fee for all services to be performed by him as follows: $10.00 in case the inventory is less than $2,500.00; $20.00 in case the inventory is more than $2,500.00 but less than $10,000.00; and $50.00 in case the inventory exceeds $10,000.00: Provided, that in case any claimant, intervenor, or other party files a caveat to the will or objection to probate, or objection to the disallowance of a claim by the executor or administrator, or objection to the executor's or administrator's report, or any other petition, motion, or pleading of a controversial nature which requires a hearing and determination by the Court, the Clerk shall collect from the party or parties filing such caveat, etc., the sum of $5.00.

8. For performance of the marriage ceremony (by the Judge), the Clerk shall collect the sum of $10.00.

9. For the docketing of an appeal from a consular court, the Clerk shall collect from the appellant or appellants, the sum of $15.00.

10. In addition to the fees for services rendered in cases hereinbefore enumerated, the Clerk shall collect for miscellaneous services performed by him and his assistants, except when on behalf of the United States, the following fees:

(a) For issuing any writ or subpoena for a witness not in a case instituted or pending in the Court, and filing and entering the return of the Marshal thereon, 50 cents.

(b) For filing and indexing any paper not in a case or proceeding, 25 cents.

(c) For administering an oath or affirmation not in a case or proceeding pending in the Court, 10 cents.

(d) For an acknowledgment, certificate, affidavit, or counter-signature with seal, 50 cents.

(e) For taking depositions, or executing commissions or letters rogatory, where the record of testimony including caption and certificate does not exceed 500 words, $10.00, and for each additional 100 words or fraction thereof, 50 cents. Such fees shall cover the administration of oaths and all services of the Clerk as Commissioner, but shall not include the services of stenographers, who shall receive 15 cents per folio of 100 words, and 5 cents per folio for each carbon copy.

(f) For a copy of any record, entry, or other paper, and the comparison thereof, 15 cents for each folio of 100 words.

(g) For searching the records of the Court for judgments, decrees, suits pending, or bankruptcy proceedings, including the certifying of the results of such search, 60 cents for the first name and 25 cents for each additional name embraced in the certificate.

(h) For receiving, keeping, and paying out money in pursuance of any statute or order of the Court, including cash bail, or bonds or securities authorized by law to be deposited in lieu of other security, 1% of the amount so received, kept, and paid out, or of the face value of such bonds or securities.

(i) For preparing and mailing notices in bankruptcy, 10 cents each for the first 20 notices and 5 cents for each additional notice, which fees shall cover and include all services and expenses in connection therewith, and shall not be deemed to be included in any other fees for services in bankruptcy proceedings.

(j) For all service to each estate, a fee of $10.00 on the filing of a voluntary petition in bankruptcy.

(k) For making and comparing a transcript of record on appeal when required or requested, 15 cents for each folio of 100 words.

(l) For comparing any transcript, copy of record, or other paper not made by the Clerk, with the original thereof, 5 cents for each folio of 100 words.

(m) For admission of attorneys to practice, $10.00 each; and for certificate of admission to be furnished upon request, $5.00 additional.

(n) For making any record not in a case and not provided for above, 15 cents for each folio of 100 words.

FEES OF MARSHAL

The Marshal for the United States Court for China shall collect fees as follows:

1. For service of any warrant, attachment, summons, capias, or other writ, except execution or a subpoena for a witness, $2.00 for each person on whom service is made.

2. For returning all writs, summonses, etc., 50 cents.

3. For serving a writ of subpoena on a witness, 50 cents.

4. For returning a subpoena, 25 cents.

5. For levying execution, $1.00.

6. For advertising property for sale, $2.00.

7. For releasing property under execution by order of plaintiff, $3.00.

8. For selling property under execution or attachment: 5% of the amount collected not in excess of $500.00; 2½% of the amount collected in excess of $500.00 and not more than $5,000.00; 1¼% of the amount collected in excess of $5,000.00.

9. For traveling fees in serving all process where transportation is required, for each mile, 15 cents.

10. For levy on property under execution which is paid and satisfied while in the hands of the Marshal, one-half the fees fixed for selling property under execution or attachment.

11. For executing a deed prepared by a party or his attorney, $1.00.

12. For drawing and executing a deed, $5.00.

13. For copies of writs or papers furnished at the request of any party, 10 cents per folio of 100 words.

14. For every proclamation in admiralty, 30 cents.

15. For serving an attachment in rem or a libel in admiralty, $2.00.

16. For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding $2.50 a day.

17. In admiralty cases in which the debt or claim is settled by the parties without a sale of the property, 1% on the first $500.00 of the claim or decree, and one-half of 1% on the excess of any sum over $500.00; provided, that when the value of the property is less than the claim, such fee shall be allowed only on the appraised value thereof.

18. For sale of vessels or other property under process in admiralty or under the order of a court of admiralty, and for receiving and paying over the money 2½% of any sum not more than $500.00 and 1½% on the excess of any sum over $500.00.

The tariff of fees prescribed by this order supersedes the tariff of fees made applicable to officers of the United States Court for China by the above- mentioned act of June 30, 1906, and amended by Executive Order No. 3572 of November 1, 1921.

FRANKLIN D ROOSEVELT

The White House,
March 7, 1939.