
    HENRY H. McMULLEN v. THE UNITED STATES.
    (24 C. Cls. R., 394; 146 U. S. R., 360.)
    
      On the claimant’s Appeal.
    
    A marshal is paid Ms per diem compensation for days when Circuit and District Courts were sitting, hut not for days occurring between sessions though within the term.
    The court below decides:
    1. The provision of the Revised Statutes, § 829, which gives to marshals when a court “is in session, and for bringing in and committing prisoners and witnesses during the term, ‡5 a day,” is taken from the Act 26th of February, 1853, (10 Stat. L., 165, § 1), and its obscurity is caused by a change of phraseology.
    2. The language which refers to sessions of the Circuit and District Courts constitutes a qualifying clause, and limits the per diem compensation to the sessions of the court.
    3. A term of court begins at a time appointed by law, and continues until the next term appointed by law, or until there be an adjournment for the term; a session is constituted by an adjournment to a day certain within the term, with an interval during which jurors, witnesses, and officers are free from attendance. The ordinary intermissions, when work is suspended, but not broken off, such as for the night, or for a dies non, are not sessions.
    4.The Appropriation Act, 1887 (24 Stat. L., 541), changed the compensations of marshals by taking away the per diem for Sundays and holidays which the accounting officers had been allowing, but does not imply that Congress thought officers entitled to fees which the accounting officers had never allowed.
    The decision of the court below is affirmed on the same grounds.
   Mr. Justice Harlan

delivered the opinion of the Supreme Court December 5,1892.  