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and in the exercise of his said office until his successor was appointed and duly qualified. 24 Sept., 1789, c. 20, s. 28, v. 1, p. 87.
Sec. 790. Marshals and deputy marshals, when removed or office expires, may execute process in their hands.-Every marshal or his deputy, when removed from office, or when the term for which the marshal is appointed expires, shall have power, notwithstanding, to execute all such precepts as may be in their hands respectively at the time of such removal or expiration of office; and the marshal shall be held responsible for the delivery to his successor of all prisoners who may be in his custody at the time of his removal, or when the term for which he is appointed expires; and for that purpose he may retain such prisoners in his custody until his successor is appointed and duly qualified.
24 Sept., 1789, c. 20, s. 28, v. 1, p. 87; 7 May, 1800, c. 45, s. 3, v. 2, p. 61.
Removal from office, acts done after.-A sale of land by a marshal on a venditioni exponas after he is removed from office is not void. And when such sale is returned to the court and confirmed by it on motion, and a deed ordered to be made by the new marshal to the purchaser, such sale is valid. Doolittle v. Bryan, 14 How., 563 (1852).
Sec. 791. Marshals' returns to the solicitor of the treasury.-Every marshal shall, within thirty days before the commencement of each term of the circuit and district courts in his district, make returns to the solicitor of the treasury of the proceedings had upon all writs of execution, or other process, which have been placed in his hands, for the collection of moneys adjudged and decreed to the United States in the said courts respectively.
15 May, 1820, c. 107, s. 8, v. 3, p. 596; 29 May, 1830, c. 153, s. 2, v. 4, p. 414.
Sec. 792. Returns of marshals to auditors of post-office department.-Every marshal to whom any execution upon a judgment in any suit for moneys due on account of the post-office department has been directed, shall make returns to the sixth auditor at such times as he may direct, of the proceedings which have taken place upon the said process of execution.
2 July, 1836, c. 270, s. 16, v. 5, p. 83; 22 June, 1874, c. 390, 8. 19, v. 18, p. 184.
Sec. 793. Vacancies in office of district attorney and marshal, how filled temporarily.-In case of a vacancy in the' office of the district attorney or marshal within any circuit, the circuit justice of such circuit may fill the same, and the person appointed by him shall serve until an appointment is made by the President, and the appointee is duly qualified, and no longer. The appointment made by such justice shall be in writing, which shall be filed in the clerk's office of the circuit court, and a copy thereof shall be entered upon the journal of said court. Any marshal so appointed shall give bond, as if appointed by the President, and the bond shall be approved by said justice. It shall then be filed in the clerk's office of said court, and a copy shall be entered on the journal of the court. A certified copy of such entry shall be prima
facie proof of the execution of such bond, and of the contents thereof. 3 Mar., 1863, c. 93, s. 2, v. 12, p. 768.
SEC. 794. Oath of clerks. The clerk of the Supreme Court, and every clerk and deputy clerk of a. circuit or district court, shall, before he enters upon the execution of his office, take an oath or affirmation in the following form: “I, A B, being appointed a clerk of — do solemnly swear (or af. firm) that I will truly and faithfully enter and record all the orders, decrees, judgments, and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God.” The words “so help me God” shall be omitted in all cases where an affirmation is admitted instead of an oath.
24 Sept., 1789, c. 20, s. 7, v. 1, p. 76; 30 June, 1870, c. 180, s. 7, v. 16, p. 175.
Sec. 795. Clerk's bond.—The clerk of every court shall give bond, in a sum to be fixed and with sureties to be approved by the court which appoints him, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court of which he is clerk; and a new bond may be required whenever the court deems it proper that such bond should be given. A copy of every bond given by a clerk shall be entered on the journal of the court for which he is appointed, and the bond shall be deposited for safe-keeping as the court may direct. A certified copy of such entry shall be prima facie proof of the execution of such bond and of the contents thereof.
24 Sept., 1879, c. 20, s. 7, v. 1, p. 76; 3 Mar., 1863, c. 93, s. 2, v. 12, p. 768; 22 Feb., 1875, c. 95, ss. 2, 3, v. 18, p. 333.
Sec. 796. Bond of deputy clerks.—Any circuit or district court may require any deputy clerk thereof to give bond to the United States for the faithful discharge of his duty as such deputy, in the same penalty, and with suréty in the same manner, as is required by law of clerks; and such bond shall be recorded and preserved in like manner. But the taking of such bond shall not affect the legal responsibility of the clerk for the acts of such deputy. 30 June, 1870, c. 180, s. 7, v. 16, p. 175.
Sec. 797. Clerk to forward to solicitor of the treasury a list of judgments. Every clerk of a circuit or district court shall, within thirty days after the adjournment of each term thereof, forward to the solicitor of the treasury a list of all judgments and decrees, to which the United States are parties, which have been entered in said court, respectively, during such terin, showing the amount adjudged or decreed, in each case, for or against the United States, and the term to which execution thereon will be returnable. [He shall also, at the close of each quarter or within ten days thereafter, report to the commissioner of internal revenue all moneys paid into court on account of cases arising under the internal revenue
laws, as well as all moneys paid on suits on bonds of collectors of internal revenue. The report shall show the name and nature of each case, the date of payment into court, the amount paid on account of debt, tax, or penalty, and also the amount on account of costs. If such money, or any portion thereof, has been paid by the clerk to any internal revenue officer, or other person, the report shall show to whom each of such pay. ments was made; and if to an internal revenue officer, it shall be accompanied by the receipt of such officer.]
15 May, 1820, c. 107, s. 8, v. 3, p. 596; 29 May, 1830, c. 153, s. 2, v. 4, p. 414; 22 Feb., 1875, c. 95, 88. 5, 6, v. 18, p. 324; amended by c. 125, Mar. 1, 1879, p. 327.
Sec. 798. Account of payments and moneys in court to be stated by the clerk.-At each regular session of any court of the United States, the clerk shall present to the court an account of all moneys remaining therein, or subject to its order, stating in detail in what causes they are deposited, and in what causes payments have been made; and said account and the vouchers thereof shall be filed in the court. •
24 Mar., 1871, c. 2, s. 3, v.-17, p. 596; 22 Feb., 1875, c. 95, s. 5, v. 18, p. 334.
SEC. 799. Oaths to persons identifying papers in admiralty cases, when adininistered by clerks.The clerks of the district and circuit courts may, in the absence or in case of the disability of the judges, administer oaths to all persons identifying papers found on board of vessels or elsewhere to be used on trials in admiralty causes. 8 May, 1792, c. 36, s. 10, v. 1, p. 278.
Sec. 7990. That whenever the business of the courts in any judicial district shall make it necessary, in the opinion of the attorney-general, for the clerk or marshal to furnish greater security than the official bond now required by law, a bond in a sum not to exceed forty thousand dollars shall be given when required by the attorney-general, who shall fix the amount thereof.
Ch. 95, Feb. 22, 1875, p. 333.
Sec. 800. Jurors, qualifications and selec-812. Jurors not to be summoned of
tion of, according to State tener than once in two years. laws.
813. Grand juries of district courts 802. Jurors, how to be appointed in may act in cases cognizable in the district.
circuit court. 803. Writ of venire, how issued and 814. Arkansas, western district, at served.
Helena; jurors. 804. Talesmen for petit juries. 815. Juries in Kentucky and Indiana. 805. Special juries in the circuit | 816. North Carolina, juries at special courts.
terms. 806. New York.
817. Juries for western district of 807. Vermont, when petit jury to be South Carolina. summoned.
818. Vermont, charge to grand jury 808. Number of grand jurors; com by the circuit court. pleting jury.
819. Challenges. 809. Foreman of grand jury, appoint- 822. Grand and petit jurors, in cases ment and powers of.
under act 20 April, 1881, c. 810. Grand juries, when summoned. 811. Discharge of grand juries.
Sec. 800. Jurors, qualifications and selection of, according to State laws.-Jurors to serve the courts of the United States, in each State respectively, shall have the same qualifications, subject to the provisions hereinafter contained, and be entitled to the same exemptions, as jurors of the highest court of law in such State may have and be entitled to at the time when such jurors for service in the courts of the United States are summoned; and they shall be designated by ballot, lot, or otherwise, according to the mode of formning such juries then practiced in such State court, so far as such mode may be practicable by the courts of the United States or the officers thereof. And for this purpose the said courts