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SECTION III.

Of the Clerks of Courts.

How appointed-oath-bond-compensation

608

Clerk of supreme court-office

residence--may not practice-
care of records

609

ART. 608. The supreme court, and the district courts shall have power to appoint clerks for their respective courts, and the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the following oath or affirmation : “İ, A. B., being appointed clerk of do solemnly swear or affirm, 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." Which words, “ so help me God," shall be omitted in all cases where an affirmation is admitted instead of an oath. And such clerks shall also severally give bond with sufficient sureties, (to be approved of, by the supreme and district courts, respectively) to the United States, in the sum of two thousand dollars, 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.(1)

The compensation to the clerk of the supreme court of the United States, shall be, for his attendance in court, ten dollars per day; and for his other services, double the fees of the clerk of the supreme court of the state in which the supreme court of the United States shall be holden. To the clerks of circuit and district courts in each state, respectively, the same fees as are allowed in the supreme court of the said state, with an addition thereto of one-third of said fees, and five dollars per day for his attendance at any cir. cuit or district court, and at the rate of ten cents per mile for his travel from the place of his abode to either of said courts; and in case a clerk of a court of the United States perform any duty which is not performed by the clerks of the state, and for which the laws of the state make no provision, the court in which such service shall be performed, shall make a reasonable compensation therefor.

And in all cases of admiralty jurisdiction, the clerk of the district court shall be allowed:

For drawing every stipulation, process, monition or subpæna, for each sheet, containing ninety words, fifteen cents.

And for engrossing each sheet, ten cents.
Entering the return of process, fifteen cents.
Filing every libel, claim, pleading, or other paper, six cents.

Copies of the pleadings, interrogatories, depositions and exhibits when required, for each sheet of ninety words, ten cents.

Entering cach proclamation, fifteen cents.
Entering each default, twelve cents.
Eotering every rule of court, fifteen cents.

Examining each witness, and drawing his deposition, for each sheet containing ninety words, fifteen cents.

(1) Act 24th Sep. 1789, sec. 7.-Act See also the acts which establish the seApril 18th, 1814.-Act March 8th, 1824. veral district courts, since 1789.

Certifying each exhibit, or writing shown to a witness, at his examination, twenty-five cents.

Drawing each decree or decretal order, for each sheet, containing ninety words, fifteen cents.

And for entering the same in the minutes, for each sheet, as aforesaid, ten cents.

For drawing a record, or making a copy of the proceedings, for each sheet, containing ninety words, fifteen cents.

But no pleading, deposition, exhibit, or other writing, to be inserted there. in, verbatim, or in hæc verba, shall be computed as any part of such draft.

Entering a record in the register, or engrossing or copying proceedings or records to be sealed or exemplified, for each sheet of ninety words, includ. ing all the pleadings, depositions, exhibits and writings inserted therein, ten cents.

Every certificate, twenty cents.

Entering return of appraisement or sales, for each sheet of ninety words, ten cents.

Affixing the seal to any paper, when required, twenty-five cents.

Drawing commission to examine witnesses, for each sheet, containing nine. ty words, fifteen cents.

And for engrossing the same, if on parchment, including the parchment, twenty cents.

And if on paper, for each sheet of ninety words, ten cents.
Swearing each witness in court, ten cents.

For every entry, or writing not mentioned or described, such allowance shall be taxed, as for similar services herein mentioned.

All money deposited in court, one half of one per cent.(1)

The clerks of the district and circuit courts shall be entitled to one half of one per centum, and no more, on money deposited in court.(2)

609. The clerk of the supreme court shall reside and keep his office at the seat of the national government, and shall not practice as an attorney or counsellor of that court.(3)

He shall not furnish any record of the court, to be taken out of his office, but by the consent of the court, otherwise he shall be responsible for it.(4)

SECTION IV.

Of the Marshals and Cryers, fc. Fees of Officers.

615

Marshals appointed for each district Further powers and duties of mar. -powers and duties-deputies

shals bonds-oath 610, 616 Compensation of marshals

616 Proceedings on marshal's bonds in Deeds, how made-lands, how sold

case of breach of condition 6 11 --when marshal shall die, or be reWhen marshal or deputy is party

moved from office

617 writs-how served

612 Prisons of U. $.-marshals to proOn death of marshal, deputy to con- vide---when-prisoners may be tinue in.office-proceedings

removed in case of epidemic 618 against on misfeasance

613 Cryers and attendants-appointment Power and duty of marshal, when

-compensation of

619 removed from office, &c. 614 Fees of officers—how recovered 620

Penalty on taking illegal fees 621

(1) Act Feb. 28th, 1799, sec. 3.-March 1st, 1793, sec. 2.

(2) Act April 18th, 1814.

(3) Rule sup. court, Feb. 1790.
(4) Ibid. Aug. term, 1797.

ART. 610. A marshal shall be appointed in and for each district, for the term of four years, but shall be removable from office at pleasure.* He shall attend the district and circuit courts when sitting therein.(1) He shall execute throughout the district, all lawful precepts directed to him, and issued under the authority of the United States, and shall have power to command all necessary assistance in the execution of his duty, and to appoint, as there shall be occasion, one or more deputies, who shall be removable from office by the judge of the district court, or the circuit court sitting within the district, at the pleasure of either. Before he enters on the duties of his office, he shall become bound for the faithful performance of the same, by himself and by his deputies, before the judge of the district court, to the United States, jointly and severally, with two good and sufficient sureties, inhabitants and freeholders of such districts, to be approved by the district judge, in the sum of twenty thousand dollars, and shall take before said judge, as shall also his deputies, before they enter on the duties of their appointment, the following oath of office: “I, A. B., do solemnly swear or affirm, that I will faithfully execute all lawful precepts directed to the marshal of the district of

under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office, of marshal, (or marshal's de. puty, as the case may be,) of the district of

during my continuance in said office, and take only my lawsul fees. So help me God.(2)

When a deputy marshal, who shall be duly appointed by the marshal of any district, shall reside and be more than twenty miles from the place where the district judge of such district shall reside and be, the oath of office required of such deputy, before he enters on the discharge thereof, may be administered and taken by and before any judge or justice of any state court within the same district, or before any justice of the peace, having authority therein, and being certified by him, to the district judge, shall be as effectual as if administered or taken before such district judge.(3)

611. The bond given by the marshal of any district, for the faithful performance of his duties, shall be filed and recorded in the office of the clerk of the district court, or circuit court, sitting within the district, for which such marshal shall have been appointed, and copies thereof certified by the clerk, under the seal of such court, shall be competent evidence in any court of justice.(4)

In case of the breach of the condition of any such bond, any person, or body politic thereby injured, may institute a 'suit upon such bond in the name and for the sole use of such party, and thereupon recover such damages as shall be legally assessed with costs of suit; for which execution may issue for such party in due form: and in case such party shall fail to recover in the suit, judgment may be rendered, and execution may issue for costs in favour of the defendant or defendants against the party who shall have instituted the suit; and the United States shall, in no case, be liable therefor.(5)

Such bond shall, after any judgments rendered thereon, remain as a security for the benefit of any person, or body politic, injured by breach of the condition thereof, until the whole penalty shall have been recovered ; and the proceedings shall always be in the same manner as hereinbefore directed.(6).

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• The marshals are appointed by the president and senate.

All suits on marshal's bonds, shall be commenced and prosecuted within six years after the right of action shall have accrued, and not afterwards : saving, nevertheless, the right of infants, feme coverts, and persons non com. pos mentis, so that they sue within three years after their disabilities are removed.(1)

612. In all causes wherein the marshal or his deputy shall be a party, the writs and precepts therein shall be directed to such disinterested person as the court, or any justice or judge thereof may appoint, and the person so appointed, may execute and return the same.(2)

613. And in case of the death of any marshal, his deputy or deputies shall continue in office, unless otherwise specially removed ; and shall execute the same in the name of the deceased, until another marshal shall be appointed and sworn: And the defaults or misfeasances in office of such deputies in the mean time, as well as before, shall be adjudged a breach of the condition of the bond given, by the marshal who appointed them; and the executor or administrator of the deceased marshal shall have like remedy for the defaults and misseasances in office of such deputy or deputies during such interval, as they would be entitled to if the marshal had continued in life and in the exercise of his office, until his successor was appointed, and sworn or affirmed.(2)

614. Every marshal or his deputy when removed from office, or when the term for which the marshal is appointed shall expire, 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 answerable for the delivery to his successor of all prisoners which may be in his custody at the time of his removal, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody until his successor shall be appointed and qualified as the law directs.(2)

615. The marshal shall have the custody of all vessels and goods seized by any officer of the revenue, and shall be allowed such compensation therefor as the court may judge reasonable. There shall be paid to the marshal the amount of the expense for fuel, candles, and other reasonable contingencies that may accrue in holding the courts within his district, and providing the books necessary to record the proceedings thereof: And such amount, as also the compensations to the grand and petit jurors ; to the witnesses summoned on the part of the United States; to the clerk of the supreme court for his attendance; to the clerks of the district and circuit courts for their travelling and attendance; to the attorney of the district for travelling to court; io the marshal for his attendance at court; for summoning grand and petit jurors and witnesses in behalf of any prisoner to be tried for a capital offence; for the maintenance of prisoners confined in gaol for any criminal offence, and for the commitment or discharge of such prisoner; and also the legal fees of the clerk, attorney, and marshal, in criminal prosecutions, shall be included in the account of the marshal; and the same having been examined and certified by the court or one of the judges of it in which the service shall have been rendered, shall be passed in the usual manner at, and the amount thereof paid out of, the treasury of the United States, to the marshal, and by him shall be paid over to the persons entitled to the same, and the marshal shall be allowed two and a half per centum on the amount to him so paid over, to be charged in his future account.(3)

The marshals of the several districts and their deputies shall have the

(1) Act April 10th, 1806, sec. 4.
(2) Act Sept. 24th, 1789, sec, 28.

(3) Act 8th May, 1792, sec. 4.-But see Act 2d March, 1799, sec. 69.

same powers in executing the laws of the United States, as sheriffs and their deputies in the several states have by law in executing the laws of the respective states.(1)

616. The compensation shall be to the marshals of the several districts of the United States, for the service of any writ, warrant, attachment or process issuing out of any court of the United States, two dollars—and in case there be more than one person named in such writ, warrant, attachment or process, then two dollars for each person so named; for his travel out in serving each writ, warrant, attachment or process aforesaid, five cents per mile, to be computed from the place of service, to the court where the writ or process shall be returned ; and if more persons than one are named therein, the travel shall be computed from the court to the place which shall be the most remote, adding thereto, the extra travel which shall be necessary to serve it on the other; for each bail bond, fifty cents ; for actually summoning witnesses, or appraisers, each fifty cents; for every commitment or discharge of a prisoner, fifty cents, for every proclamation in the admiralty, thirty cents; for sales of vessels, or other property, and for receiving and paying the money, for any sum under five hundred dollars, two and one half per centum ; for any larger sum, one and one quarter per centum upon the excess ; for summoning each grand and other jury, four dollars : But in DO case shall the fees for summoning jurors to any one court, exceed fifty dollars; and in those states where jurors, by the laws of the state, are drawn by constables, or other officers of corporate towns or places, by lot, the marshal shall receive for the use of the officers employed in summoning the jurors and returning the venire, the sum of two dollars, and for his own trouble in distributing the venire, the sum of two dollars; for attending the supreme or circuit court, five dollars per day; and for attending the district court, where such court has the powers and cognizance of a circuit court, five dollars per day; and for attending the district courts in other cases, four dollars per day, and at the rate of ten cents per mile, for his travel from the place of his abode to either of the said courts—for all other services, not herein enumerated, except as shall be hereafter provided, such fees and compensations as are allowed in the supreme court of the state where such sera vices are rendered.(2)

There shall be appointed in each of the territories of the United States, a marshal who shall receive the same fees as are allowed by law, to the marshals of the several districts, and the annual sum of two hundred dollars, in full compensation of all extra services.(3)

The marshals of the following districts, besides the regular fees, are allowed a fixed yearly compensation of two hundred dollars for all extra services, viz: Missouri,(4) Illinois,(5) Western district of Virginia,(6) Mississippi,(7) Indiana,(8) Ohio (9) East Tennessee, West Tennessee, (10) Kentucky, New Hampshire, Vermont, Maine,(11) Eastern district of Louisiana,(12) Western district of Louisiana,(13) Western district of Pennsylvania, and Northern district of New York,(14) Connecticut,(15) of the Eastern

(1) Act 28th Feb. 1795, sec. 9.

(8) Act March 3d, 1817, sec. 5. (2) Act 28th Feb. 1799, sec. 1.--and (9) Act Feb. 19th, 1803, sec. 5. see Acts 8th May, 1792–18th April, (16) Act Feb. 28th, 1799, sec. 1. 1814_8th March, 1824.

(11) Act April 29th, 1802, sec. 19, (3) Act 27th Feb. 1813-Act Feb. (12) Act April 8th, 1812. 28th, 1799, sec. 1.-See acts establish (13) Act March 3d, 1823.-Act March ing territories.

16th, 1822. (4) Act March 16th, 1822, sec. 5. (14) Act March 15th, 1820, sec. 4. (5) Act March 3d, 1819, sec. 5.

(15) Act 5th May, 1830.-Act 6th Jan, (6) Act Feb. 4th, 1819, sec. 4.

1829. (7) Act April 3d, 1818, sec. 5,

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