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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 attorney-general, the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistence and hire.

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 travel, 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. (Rev. Stats. sec. 829. See sec. 1660; also 26 U. S. Stats. 839; 1 Sup. Rev. Stats. 909.)

Note. The Act of February 26, 1853 (10 Stats. 161), limits the allowance as to deputy marshals to threefourths of the fees and emoluments earned by them. The twenty per cent. resolution of February 28, 1867 (14 Stats. 569), does not extend to a deputy marshal whose compensation was not fixed by law, but consisted of a proportion of the fees and emoluments earned by him. (Phillips v. United States, 11 Ct. of Cl. 570.) A marshal cannot be compelled to bear the expense of a reference as to his fees in a case pending in court, to which he was not a party. (The Captain John, 41 Fed. Rep. 147.)

Execution of process.-The fees of the marshal on an execution depend upon the law of the State (Alexander v. Thomas, 1 Cranch C. C. 92; Thomas v. Brent, 1 Cranch C. C. 161; Pomeroy v. Harter, 4 Mason, 448; In re Black, 2 Bank. Reg. 65); where execution is extended on land, he is entitled to fees though the land is not sold. (U. S. v. Smith, 1 Wood. & M. 184.) The marshal is entitled to the same fees and poundage for serving an execution as are allowed to sheriffs for similar services (U.S. v. Haas, 5 Fed. Rep. 29); but he is not entitled to poundage on

property which he does not take into his custody (Ringgold v. Lewis, 3 Cranch C. C. 367); nor is he entitled to compensation for its custody. (The Hibernia, 1 Sprague, 78.) No allowance beyond two dollars and a half per day can be made as necessary expenses for keeping property (U. S. v. Barrels, 1 Ben. 72; The Circassian, 6 Ben. 512; The Trial, Blatchf. & H. 94; The Free Trader, Brown Adm. 72; The Hibernia, 1 Sprague, 78; Bottomley v. U. S., 1 Story, 153); but if the property be removed to a warehouse, such reasonable expense as has been actually paid may be allowed (U. S. v. Barrels, 1 Ben. 72), and his claim for compensation must be established by vouchers or otherwise. (The Free Trader, Brown Adm. 72; The Phoebe, 1 Ware, 354.) He cannot lawfully rent any building except under order of court. (Perrin v. Epping, Chase, Dec. 430.) The fee for keeping a vessel on process issued in several cases will be divided equally among all the cases. (The Circassian, 6 Ben. 512; The John Wells Jr., 1 Sprague, 178.) He may be allowed premiums paid for insurance during the time the property is in his custody. (U. S. v. Barrels, 1 Ben. 72.) Where the owners of a seized vessel maintains a man on board for pumping, who is able to do all the work, no charge for pumping can be allowed to the marshal. (The Captain John, 41 Fed. Rep. 347.) Where a small steamer loaded with coal is seized by a marshal for forfeiture, and has neither crew nor engineer nor provisions on board, and there are no extraordinary circumstances apparent, the marshal cannot be allowed more than $2.50 per day for keeping the vessel. (The Captain John, 41 Fed. Rep. 147.)

Serving venire.-Where jurors are drawn by a State officer he is entitled to a fee of two dollars for serving the venire. (U. S. v. Cogswell, 3 Sum. 204; U. S. v. Smith, 1 Wood. & M. 184.)

Commissions.-The marshal is allowed for commissions on all sales made under an interlocutory decree (The Avery, 2 Gall. 308); so he is entitled to commissions where the property is, by contest, removed into another district and sold. (The San Jose Indians, 2 Gall. 311; see the Russia, 5 Ben. 84.) He is entitled to commissions if the case is settled (The City of Washington, 13 Blatchf.

410); and although the property is discharged on a stipulation (The City of Washington, 13 Blatchf. 410; The Russia, 5 Ben. 84); but he is not entitled to commissions if the case is settled before any claimant appears. (The Norma, Newb. Adm. 433.) His commissions are estimated upon the sum paid a libelant in settlement of his claim, and not on the amount claimed in the libel. (Robinson v. 15,516 Bags of Sugar, 35 Fed. Rep. 603.) He is entitled to a commission upon the value of a vessel seized by him for violation of law, and released on a remission of the forfeiture by the secretary of the treasury on payment of costs. (The Captain John, 41 Fed. Rep. 147.) When a claim is settled without a sale and the marshal's name nowhere appears in the proceedings, his compensation is not based on any service rendered, but is given to him by way of compensation for loss of the opportunity to earn fees. (Smith v. The Morgan City, 39 Fed. Rep. 572.)

Custody of persons. -In case of arrest the marshal is entitled to the expense incurred in employing a deputy (U. S. v. Harker, 3 Sawy. 237); and a fee for a commitment when a person is imprisoned under final judgment or order of court. (Ex parte Paris, 3 Wood. & M. 227.) If a witness be held in custody he is entitled to a fee on each day that the witness is remanded to jail (Ex parte Paris, 3 Wood. & M. 227); and a fee for discharge is allowed when the prisoner is set at large. (Ex parte Paris, 3 Wood. & M. 227).

Mileage. He is entitled to mileage on a return of nulla bona for the distance actually traveled by him or his deputies (Anonymous, Hemp. 450); but he is not entitled to mileage for serving a venire on a State officer (U. S. v. Smith, 1 Wood. & M. 184); nor for serving a rule to plead on the defendants. (Parker v. Bigler, 1 Fish. 285.) If he serves a subpoena out of the State, he cannot charge mileage for more than one hundred miles. (Parker v. Bigler, 1 Fish. 285.) Expenses necessarily incurred by the marshal are properly taxable. (The F. Merwin, 10 Ben. 407.) Where a vessel seized was released on stipulation for her appraised value, the marshal is entitled to his commissions on such appraised value. (The Acadia, 10 Ben. 482.) This section restricts within certain limits many

items of expense and disbursements which the officer is likely to incur in the performance of his duty, and actual disbursements beyond those limits must be disallowed; but as to expenses not provided for and necessarily incurred, the marshal may be reimbursed. (The F. Merwin, 10 Ben. 407.) Under this section the marshal is entitled to his commissions when, after seizure, the suit is settled without an order of sale. The commissions to be computed upon the amount paid in settlement. (The Clintonia, 11 Fed. Rep. 740, following the Russia, 5 Ben. 84; The City of Washington, 13 Blatchf. 410, and denying the Norma, Newb. Adm. 533.)

§ 298. Services rendered on account of United States.-There shall be paid to the marshal his fees for services rendered for the United States, for summoning jurors and witnesses in behalf of the United States, and 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 exponse 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 his 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

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