MR. JUSTICE BROWN delivered the opinion of the court.
This case depends upon the construction to be given to Revised Statutes, § 828, wherein there is allowed to the clerk "five dollars a day for his attendance on the court while actually in session," taken in connection with § 583, which provides that "if the judge of any District Court is unable to attend at the commencement of any regular, adjourned or special term, the court may be adjourned by the marshal...
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