In  conclusion  I  respectfully  invite  your  attention  to  the  paragraph  of  the  same
act  in  the  following  words  :  "  That  before  any  bill  of  costs  shall  be  taxed  by
any  judge  or  other  officer,  or  allowed  by  any  officer  of  the  treasurv,  in  favor  of
clerks,  marshals,  commissioners,  or  district  attorneys,  the  party  daimiog  BUch
bill  shall  prove  by  hie  own  oath,  or  some  other  person  having  a  knowledge  of
the  facts,  to  be  attached  to  such  bill  and  tiled  therewith,  that  the  services  chained
therein  have  been  actually  and  neeettarily  performed,  as  therein  stated."  And
would  inquire  whether,  if  you  should  answer  questions  one  and  two  in  the  af-
firmative, the  requirenients  of  the  attorney  to  show  that  the  "  teroicet  "  charged
for  by  him  "  hare  heat  actually  and  ntceuarily  performed,"  would  not  forbid
the  allowance  of  auy  charge  for  coMntmctive  tratel,  in  other  words,  whether  the
word  "  services  "  includes  travel,  or  refers  only  to  attendance  iu  court.
To  enable  you  more  fully  to  understand  the  questions  iu  controveny,  as  well
as  to  place  bdbre  you  the  respective  views  of  the  Comptroller  and  District  Attor-
ney Spencer,  I  transmit  herewith  all  the  papers  relating  to  the  appeal,  as  per
indoraed  list.
Very  respectiully,  &c,
Hon.  J.  B.  Black,  Attorney  General.
J.  THOMPSON,  Secretary.
3dbvG00g[e


PEES  AND   HILEAOE    OF  MABSHALS,   ETC.
Attoexby  General's  Okfice,

FcbruoTy  11,  1860.
