§ 233. Duties of district attorneys.

§ 261. Statement of suits.

$25. Returns of district attorneys to treasury.

236. Returns of, to commissioner of internal revenue

Report by district attorney.

$237.

$273. Returns to the solicitor of the treasury.

§ 274. Returns, post-office department.

$275. Vacancies, how filled.

§ 276. Suits on marshal's bond-costs.

§ 277. Marshal's bond to remain after judgment.

§ 282. May execute process in their hands when removed. $283. Oath of clerks.

$285.

Clerks and marshals, when to give increased bond.

$286. Bond of deputy clerks.

$287. List of judgments.

§ 256. Restriction on appointment of, That no person related to any justice or judge of any court of the United States by affinity or consanguinity, within the degree of first cousin, shall hereafter be appointed by such court or judge to, or employed by such court or judge in, any office or duty in any court of which such justice or judge may be a member. (Approved March 3, 1887; August 13, 1888, sec. 7; 24 U. S. Stats. 552; 25 U. S. Stats. 433.)

§ 257. Clerk not to be receiver or master No clerk of the district or circuit courts of the United States, or their deputies, shall be appointed a receiver or a master in any case except where the judge of said court shall determine that special reasons exist therefor, to be assigned in the order of appointment. (20 U. S. Stats. 415; 1 Sup. Rev. Stats. 464.)

That no

§ 258. Extra compensation. civil officer of the government shall hereafter receive any compensation or perquisites, directly or indirectly, from the treasury or property of the United States beyond his salary or compensation allowed by law; provided, that this shall not be construed to prevent the employment and payment by the department of justice of district attorneys as now allowed by law for the performance of services not covered by their salaries or fees. (Approved June 20, 1874. See Rev. Stats. secs. 619, 767,

776, 843.)

$ 259

Residence of officers. That every

clerk of the circuit 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 districts. (See secs. 619, 767, 776; 18 U. S. Stats. 109; 1 Sup. Rev. Stats. 47.)

§ 260.

District attorneys and marshals.-There shall be appointed in each district a person learned in the law, to act as attorney for the United States in such district. (Rev. Stats., secs. 767, 776.)

Special provisions as to district attorneys and marshals in particular States will be foun 1 in Alabama Rev. Stats, secs. 767, 768; 18 U. S. Stats. 195; California, 21 U. S. Stats. 398; Colorado, 19 U. S. Stats. 61: Georgia, 22 U. S. Stats. 47; Towa, 22 TT. S. Stats. 172; Louisiana, 21 U. S. Stats. 507; North Carolina, 18 U. S. Stats. 193; Texas, 20 U. S. Stats. 318.

§ 261. Term and oath of district attorney.-District attorneys shall be appointed for a term of four years, and their commissions shall cease and expire at the expiration of four years from their respective dates. And every district attorney, before entering upon his office, shall be sworn to a faithful execution thereof. (Rev. Stats. sec. 768.)

§ 262. Salaries of district attorneys.The district attorney for the southern district of New York is entitled to receive quarterly, for all his services, a salary at the rate of six thousand

dollars a year. For extra services the district attorney for the district of California is entitled to receive a salary at the rate of five hundred dollars a year, and the district attorney for all other districts at the rate of two hundred dollars a year. (Rev. Stats. sec. 770.)

? 263. Duties of district attorneys.It shall be the duty of every district attorney to prosecute, in his district, all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States are concerned, and, unless otherwise instructed by the secretary of the treasury, to appear in behalf of the defendants in all suits and proceedings in his district against collectors, or other officers of the revenue, for any act done by them or for the recovery of any money exacted by or paid to such officers, and by them paid into the treasury. (Rev. Stats. sec. 771.)

§ 264. Statement of suits.-Every district attorney shall, on instituting any suit for the recovery of any fine, penalty, or forfeiture, immediately transmit to the solicitor of the treasury a statement thereof. (Rev. Stats. sec. 772.)

$265. Returns of district attorneys to treasury.-Every district attorney shall, immediately after the end of every term of the circuit and district court for his district, forward to the solicitor of the treasury, except in the cases provided in the next section, a full and particular statement accompanied by the certificate of the clerks of said courts, respectively, of all causes

pending in said courts, and of all causes decided therein during such term, in which the United States are party. He shall also, on the first day of October in each year, make a return to said solicitor of the number of suits and proceedings commenced, pending and determined within his district during the fiscal year next preceding the date of such return, showing the date when such proceeding or suit in each case was commenced. If the determination thereof has been delayed or continued beyond the usual or reasonable period, the reasons must be set forth, and a statement must be made of the measures taken by the district attorney to press such proceedings or suit to a close. (Rev. Stats, sec. 773.)

$266. Returns of internal revenue. When any suit or proceeding arising under the internal revenue laws, to which the United States are party, or any suit or proceeding against a collector or other officer of the internal revenue, wherein a district attorney appears, is commenced, the attorney for the district in which it is brought shall immediately report to the commissioner of internal revenue the full particulars relating to the same; and he shall, immediately after the end of each term of the court in which such suit or proceeding is pending, forward to the said commissioner a full and particular statement of its condition. (Rev. Stats. sec. 774.)

§ 267. Reports by district attorney.Each district attorney shall, immediately after the end of every term in which any suit for moneys due on account of the post-office department has