For expenses while employed in endeavoring to arrest, under process, any person charged with or convicted of a crime, the sum actually expended, not to exceed two dollars a day, in addition to his compensation for service and travel.

For every commitment or discharge of a prisoner, fifty

cents.

For transporting criminals, ten cents a mile for himself and for each prisoner and necessary guard; except in the case provided for in the next paragraph.

For transporting criminals convicted of a crime in any district or Territory where there is no penitentiary available for the confinement of convicts of the United States, to a prison in another district or Territory designated by the attorneygeneral, the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistence and hire.

12 May, 1864, c. 85, s. 1, v. 13, p. 74.

For attending the circuit and district courts, when both are in session, or either of them when only one is in session, and for bringing in and committing prisoners and witnesses during the term, five dollars a day.

For attending examinations before a commissioner, and bringing in, guarding, and returning prisoners charged with crime, and witnesses, two dollars a day; and for each deputy not exceeding two, necessarily attending, two dollars a day.

For traveling from his residence to the place of holding court, to attend a term thereof, ten cents a mile for going only.

For traveling, in going only, to serve any process, warrant, attachment, or other writ, including writs of subpoena in civil or criminal cases, six cents a mile, to be computed from the place where the process is returned to the place of service, or, when more than one person is served therewith, to the place of service which is most remote, adding thereto the extra travel which is necessary to serve it on the others. But when more than two writs of any kind required to be served in behalf of

the same party on the same person might be served at the same time, the marshal shall be entitled to compensation for travel on only two of such writs; and to save unnecessary expense, it shall be the duty of the clerk to insert the names of as many witnesses in a cause in such subpoena as convenience in serving the same will permit.

In all cases where mileage is allowed to the marshal he may elect to receive the same or his actual traveling expenses, to be proved on his oath, to the satisfaction of the court. [See § 1660.] 26 Feb., 1853, c. 80, s. 1, v. 10, p. 165.

Compensation for the custody of goods.-The marshals' fees for the custody of goods in case of seizure and in proceedings in rem, are not honorary, but are dependent upon the precise regulations of the law, or, in the absence of such regulations, are to be allowed upon the principles of quantum meruit, graduated by the ordinary value of such services, and dependent upon the circumstances of each particular case. The practice in admiralty is to refer disputed cases of this nature to an auditor to examine the evidence and hear the parties and report the case to the court for decision. Bottomley v. United States, 1 Story, 153 (1840).

In case of settlement, before levy of execution, and other cases-compensation.-The marshal is entitled to receive on an execution in his hands, the commission allowed by the statute (now the same as allowed for similiar services to sheriffs of the States respectively) where the money is paid, without sale of the property. And it is not material whether the payment is made before or after a levy, or whether the money is paid to the plaintiff or the marshal, the marshal is entitled to commissions. Pomroy v. Harter, 1 McLean, 448; United States v. Smith, 2 Wood. and M., 184. But, see, Erwin v. Cummins, Hemp., 703.

He is entitled to compensation for transporting witnesses in custody, though it is not mentioned in the statute, by analogy to the statute compensation for transporting criminals. 6 Op. Att'y Gen., 58.

Where he has received, in due course of law, process of summons and subpœna for the same party, and has served them, he is entitled to compensation for both. 3 Id., 496.

When allowed fees, when not.-A fee is allowed for commitment when made under an order of the court, or in execution of a mittimus, but not in other cases. And a fee for a discharge is proper when the prisoner is entirely released from custody, but not when brought into court for trial or testifying. Ex parte Paris, 3 Wood. and M., 227.

He is entitled to mileage actually traveled in enabling him to make a return of nulla bona; but not to commissions on a forfeited delivery bond. Anonymous, Hemp., 450.

SEC. 830. What fees to be paid to marshals.-There shall be paid to the marshal his fees for services rendered for the United States, for summoning jurors and witnesses in behalf of any prisoner to be tried for a capital offense, for the maintenance of prisoners of the United States confined in jail for any criminal offense; also, for his reasonable actual expense for the transportation of criminals, and of the marshal and guards, to prisons designated by the attorney-general, and for hire and subsistence in that behalf, as herein before provided; also, his fees for the commitment or discharge of prisoners; his expenses necessarily incurred for fuel, lights, and other contingencies that may accrue in holding the courts within this district, and providing the books necessary to record the proceedings thereof: Provided, That he shall not incur, or be allowed, an expense of more than twenty dollars in any one year for furniture, or fifty dollars for rent of a building and making improvements thereon without first submitting a statement and estimates to the attorney-general and getting his instructions in the premises.

26 Feb., 1853, c. 80, s. 2, v. 10, p. 165; 12 May, 1864, c. 85, ss. 1, 3, v. 13, pp. 74, 75; 22 June, 1870, c. 150, s. 15, v. 16, p 164; 16 June, 1874, c. 285, v. 18, p. 72; 22 Feb., 1875, c. 95, s. 7, v. 18, p. 334.

SEC. 831. Attendance on rule-days, and when circuit and district courts sit at same time.-No per diem or other allowance shall be made to any district attorney, clerk of a circuit court, clerk of a district court, marshal or deputy marshal, for attendance at rule-days of a circuit or district court; and when the circuit and district courts sit at the same time no greater per diem or other allowance shall be made to any such officer than for an attendance on one court.

26 Feb., 1853, c. 80, s. 3, v. 10, p. 167.

SEC. 832. Marshal of the Supreme Court of the United States.-The marshal of the Supreme Court of the United States shall be entitled to receive for the service of any warrant, attachment, summons, capias, or other writ, ex

cept execution, venire, or a summons, or subpoena for a witness, one dollar for each person on whom such service may be made. His fees for all other services shall be the same as are herein allowed to other marshals; but he shall pay into the treasury of the United States all fees received by him, and render a true account thereof at the close of each term to the attorney-general.

27 June, 1864, c. 163, ss. 1, 4, v. 13, pp. 195, 196; 2 Mar., 1867, c. 156, s. 2, v. 14, p. 433; 22 June, 1870, c. 150, s. 15, v. 16, p. 164.

SEC. 833. Semi-annual returns of fees by district attorneys, marshals, and clerks.--Every district attorney, clerk of a district court, clerk of a circuit court, and marshal, shall, on the first days of January and July, in each year, or within thirty days thereafter, make to the attorney-general, in such form as he may prescribe, a written return for the half year ending on said days, respectively, of all the fees and emoluments of his office, of every name and character, and of all the necessary expenses of his office, including necessary clerkhire, together with the vouchers for the payment of the same for such last half year. He shall state separately in such returns the fees and emoluments received or payable under the bankrupt act; and every marshal shall state separately therein the fees and emoluments received or payable for services rendered by himself personally, those received or payable for services rendered by each of his deputies, naming him, and the proportion of such fees and emoluments which, by the terms of his service, each deputy is to receive. Said returns shall be verified by the oath of the officer making them. [See 22 3085,

4644, 4647.]

26 Feb., 1853, c. 80, s. 3, v. 10, p. 165; 22 June, 1870, c. 50, s. 15, v. 16, p. 164.

SEC. 834. What to be included in the semi-annual returns of district attorneys and marshals.—The preceding section shall not apply to the fees and compensation allowed to district attorneys by sections eight hundred and twenty-five and eight hundred and twenty-seven. All other

fees, charges, and emoluments to which a district attorney or a marshal may be entitled, by reason of the discharge of the duties of his office, as now or hereinafter prescribed by law, or in any case in which the United States will be bound by the judgment rendered therein, whether prescribed by statute or allowed by a court, or any judge thereof, shall be included in the semi-annual return required of said officers by the preceding section.

3 Mar., 1863, c. 76, ss. 11, 12, v. 12, p. 741; 27 June, 1864, c. 163, s. 2, v. 13, p. 196.

SEC. 835. Compensation of district attorney.-No district attorney shall be allowed by the attorney-general to retain of the fees and emoluments of his office which he is required to include in his semi-annual return, for his personal compensation, over and above the necessary expenses of his of fice, including necessary clerk-hire, to be admitted and allowed by the proper accounting officers of the treasury department, a sum exceeding six thousand dollars a year, or exceeding that rate for any time less than a year.

26 Feb., 1853, c. 80, s. 3, v. 10, p. 166; 3 Mar., 1863, c. 76, s. 11, v. 12, p. 741; 27 June, 1864, c. 163, s. 2, v. 13, p. 196; 30 June, 1864, c. 174, s. 19, v. 13, p. 312; 22 June, 1870, c. 150, s. 15, v. 16, p. 164.

SEC. 836. Sum to be paid to district attorney of southern district of New York for office expenses.There shall be paid to the district attorney for the southern district of New York, in addition to his salary, at the rate of six thousand dollars a year, such sums as shall be necessary, together with the costs and fees allowed him by law, to pay such amount as may be fixed by the attorney-general for the proper expenses of his office. But nothing in this or the preceding section shall forbid the allowance of additional compensation for services in prize causes, as provided in Title "PRIZE."

6 Aug., 1861, c. 55, s. 1, v. 12, p. 317; 22 June, 1870, c. 150, s. 15, v. 16, p. 164; 30 June, 1864, c. 174, s. 19, v. 13, p. 312.