Hillyer

On the 4th of August, 1890, the United States filed a petition in the United States district court for Alaska against M. C. ■ Hillyer, marshal of said district, and the sureties upon his official bond, to recover $3,941.89, moneys claimed to have been misappropriated to the use of said marshal, and paid out by him, contrary to law. Issue was joined upon the petition, and the court, after hearing the cause, made findings of fact and conclusions of law, and rendered judgment for the United States for $2,290.16 and costs. Not being satisfied with this judgment, the United States brings the record into this court upon writ of error.

. The assignments of error refer wholly to the correctness of the conclusions of law arrived at by the court in allowing certain items of the marshal’s account. One item allowed consisted of witness fees, amounting in the aggregate to $602.80. It is claimed that the payment of these fees was illegal, for the reason that the witnesses to whom the fees *337 were paid were officers of the United 'States, and, as such, were not entitled to receive witness fees.

Section 850, Rev.St. (28 U.S.C.A; § 604), provides:

It is not disputed that the witnesses…