place where they are required during the previous calendar year, and all the circumstances going to show the necessity of providing them.

Applications for furniture are required to be accompanied by a detailed estimate, showing the prabable cost of each article, and the certificate of the marshal to the effect that each article named in such estimate is necessary to the convenient transaction of the public business, and that the estimate of cost is reasonable. These, also, are to be accompanied by the certificate of the district judge and attorney to the same effect.

In cases where buildings are owned by the United States, applications for authority to make repairs thereon are to be made in the same form as those for furniture. And where either accommodations for the courts or officers, furniture, or repairs, are needed, the application for authority to incur the expense for the same should be made at a sufficiently early day to enable the Department to give the application full consideration and to communicate its decision thereon to the marshal, before the same are actually required for use.

Applications have heretofore been frequently made by marshals, requesting that offices and furniture therefor be provided for them at the expense of the United States; but this has generally been refused, the rule being to allow office accommodations when at particular places or in large cities the Government is compelled, on account of the large amount of business transacted, to make provision for the courts by renting or erecting buildings, and rooms can be spared without inconvenience or additional expense, but not otherwise.

All applications for accommodations for the courts or their officers, for repairs thereon, or furniture therefor, are required to be made by or through the marshal, and the expenditures, if authorized, to be made by him. In cases, however, where leases exist or are entered into, this rule is modified so far that all payments thereunder will be made by this Department directly from the Treasury, unless the marshal shall be otherwise specially directed. He will cause an account to be rendered by the lessor annually, semi-annually, or quarterly, as the lease may provide, of the rent due, referring to such lease, giving date, &c., certify to its correctness, and cause the same to be forwarded to this Department, when an account will be stated at the Treasury in favor of such lessor, or other person rightfully entitled to the same, and the amount remitted directly to such person.

In some districts the marshals have been in the habit of furnishing fuel, lights, and stationery for their own offices, and for those of the clerks and district attorneys, at the expense of the United States; but this practice is wrong, and will not be tolerated.

PUBLIC FUNDS.

Forms have been adopted by this Department for a report to be made by United States marshals at the close of each week and each month of the amount of public funds on deposit and on hand.

This report will be made up and forwarded promptly at the close of business on the days indicated above. The observance of this duty is enjoined upon them forcibly, as the practice of some United States marshals, in delaying for several weeks these statements, to make them all atonce for a month or longer period, has caused serious embarrassment, and tends to defeat the object of the regulation. They will therefore avoid this practice.

Particular attention is called to the series of notes at the bottom of the printed form upon reports which are to be made. These reports are to be forwarded regularly, whether public funds are in hand or not, and if they are in arrears when funds are required for court purposes none will be advanced.

The following is the form adopted for these reports, and must be strictly followed:

Notes 2, 4.

(Observe the foot-notes.)

[To be made regularly, without reference to any other report.]

OFFICE OF THE MARSHAL OF THE UNITED STATES
DISTRICT OF

FOR THE

18-.

SIR: I have the honor to report my balances of public funds, advanced for court purposes, on deposit and in hand at the

close of business for the

Notes 1, 5.

Note 6.

Note 3.

ending
bank at-

18-, as follows:

-, 18—, authority to hold $.
Amount of money on hand unexpended ·

Personally accountable for money expended for
which no accounts have been rendered...
Amount in transit

NOTE 1-Write name and place of the depositary after the above “On deposit." NOTE 2.-This statement must be made and forwarded to the Attorney-General U. S. at the end of each week; also at the close of every month, except when the month ends on Saturday, whether funds are in hand or not.

NOTE 3.-Disbursing agents are required, by the act of June 14, 1866, and Independent Treasury Regulations of January 2, 1872. to deposit all moneys intrusted to them for disbursement with some depositary of the United States, and to make payments by checks. Money can be kept in hand only by written authority of the Secretary of the Treasury.

NOTE 4.-No advances will be made if these reports are in arrears.
NOTE 5.-Deposits must be made with none other than designated depositaries.
NOTE 6.-Insert date of Secretary's written authority.

United States marshals are required to furnish the judge of the district court, at the close of their official business on Saturday of each week during the session of court, a duplicate of their statement of public funds for that date, to the credit of the appropriations for jurors and witnesses.

Any marshal who takes a receipt in blank from deputies or others for accounts against the United States will be deemed to have committed an offense warranting his instant removal from office.

Owing to irregularities that at times exist in relation to accounts against the United States, payments of which have been delayed, to the loss of the claimants, through the neglect or misunderstanding of the marshals, it is necessary to impress upon these officers the importance of the following instructions, and they will be expected to adhere strictly to their spirit and letter, in respect to all official disbursements:

Fees and mileage to jurors and witnesses are payable at the time of their discharge. All other claims against the United States, which marshals are expected to settle, are payable when due.

No due-bills or certificates of indebtedness, issued by the marshals as disbursing officers, will be recognized as valid unless it is made to appear clearly that, without any fault or negligence on the part of the marshal, money could not be obtained to pay the accounts when they accrued.

Fees and mileage of jurors and witnesses, and bills for all other expenses of the court, including the support of prisoners, must be actually paid in lawful money before they can be charged to the United States. The marshals will be literally exact when supporting their accounts with the verification that the expenses incurred were necessary and were "paid in good faith."

ACT OF JUNE 20, 1874.

The attention of the marshals of the United States is specially invited to the second section of the act approved June 30, 1874, entitled "An act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1875, and for other purposes," which is as follows:

SEC. 2. That every clerk of the circuit court or district court of the United States, United States marshal, or United States district attorney, shall reside permanently in the district where his official duties are to be performed, and shall give his personal attention thereto; and in case any such officer shall remove from his district, or shall fail to give personal attention to the duties of his office, except in case of sickness, such office shall be deemed vacant: Provided, That in the southern district of New York said officers may reside within twenty miles of their district.

By this section the marshals and attorneys of the United States, and clerks of the courts, are required to reside permanently in the district where their official duties are to be performed, and give their personal attention thereto.

United States marshals and district attorneys will therefore understand that they cannot absent themselves from their respective districts at pleasure, but that their absence therefrom must be upon official business or upon leave obtained from the Department.

INSTRUCTIONS AND FORMS FOR UNITED STATES ATTORNEYS.

On taking the oath of office, United States attorneys will immediately transmit a copy thereof to this Department. They will, at the earliest practicable period, obtain from their predecessors in office the books, papers, and other property of the United States in their hands.

Whenever a district attorney retires from office he should make a complete inventory of all books in his office belonging to the United States, taking receipts in duplicate from his successor, one of which must be sent to this Department before a final settlement of his accounts can be made.

Unless already furnished with them, each attorney will procure a well-bound docket and letter-book, properly labeled and marked, inside and outside, "The property of the United States," with suitable indexes; for which he will be allowed on the settlement of his accounts. He will make full and minute entries in these dockets of the time of issuing and receiving papers and process, and of whatsoever is done by him in United States cases of all kinds, with correct dates. The letterbook will contain full and true copies of all letters written by him officially, relating to suits or to matters in which the United States are interested.

All official letters relating to United States cases, received by United States attorneys, will be preserved as public property. Whenever such letters accumulate sufficiently to make a volume, the officer having them in possession will cause the same to be bound according to their dates, and the expense thereof will be allowed in his accounts. All papers and documents used by, or coming to the possession of, any United States attorney, during the progress of a suit and relating thereto, shall be properly filed and kept in a bundle with the other papers relating to the cause, and these, together with the books referred to above and other public property, shall be delivered to his successor in office.

EMOLUMENT RETURNS.

The 833d section of chapter 16 of the Revised Statutes of the United States requires that every district attorney shall, upon the first day of January and July in each year, make to the Attorney-General, in such form as he shall prescribe, and under oath, a return, in writing, embracing all the fees and emoluments of his office of every name and character; also embracing all his necessary office expenses, together with the vouchers for the payment of the same, for the half year ending on the said first day of January or July, as the case may be. It is further provided by section 844 that the attorney shall, with each such return made by him, pay into the Treasury of the United States or deposit to the credit of the Treas urer thereof, as may be directed by the Attorney-General, any surplus of the fees and emoluments of his office, which his half-yearly return so made as aforesaid shall show to exist, over and above the compensation and allowances therein authorized to be retained by him.

11277 REG-13

The following has been adopted as the form in which all such returns are required to be made:

Fees and emoluments earned in the performance of any official service enumerated
in the act of February 26, 1853, or of any duty imposed by any other existing
provision of law and not herein otherwise stated
Do

FIFTH :

For salary during same period.....

Total gross emoluments

...received. .not received..

Allowances to be deducted from the gross earnings and retained by the attorney.

For amount paid for rent of office, as per voucher No.

For amount paid for necessary furniture for same, as per voucher

No.

For amount paid for necessary clerk-hire, as per voucher No.

For amount paid for necessary stationery, as per voucher No.

For amount paid for necessary fuel, as per voucher No.
For amount paid for necessary lights, as per voucher No.

Total amount of allowances

Total net emoluments..

Maximum compensation, at the rate of $6,000 per annum...

Balance (if any) due the United States, a certificate of deposit for which is herewith

Fees and emoluments heretofore returned as "not received" for the half year ending on the 1st day of

188

(And the same for any fees or emoluments received, not included in the earnings, during the half year for which the general return is made.)