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action accrues, saving, nevertheless, the rights of infants, married women, and insane persons, so that they sue within three years after their disabilities are removed. (Rev. Stats. sec. 786.)

Note. This limitation does not apply to an action on the marshal's bond brought by the United States. (U. S. v. Rand, 4 Sawy. 272; U. S. v. Godbold, 3 Woods, 550.) The statute does not run against a claim to proceeds of a marshal's sale suspended by appeal until after affirmance of the decree. (Montgomery v. Hernandez, 12 Wheat. 129.)

$279. Duties of marshal. It shall be the duty of the marshal of each district to attend the district and circuit courts when sitting therein, and to execute throughout the district all lawful precepts directed to him, and issued under the authority of the United States; and he shall have power to command all necessary assistance in the execution of his duty. (Rev. Stats. sec. 787.)

Note. This section does not apply to a warrant in case of extradition; such a warrant may be served beyond the limits of the district. (In re Henricks, 5 Blatchf. 414.) There is no restriction as to districts from which precepts issue, or to which they are to be returned (Voss v. Lake, 1 Cranch C. C. 331); but the subpoena should be issued to the marshal of the district where witness lives. _ (Voss v. Lake, 1 Cranch C. C. 331; Sommerville v. French, 1 Cranch C. C. 174.) He is a mere ministerial officer, and it is no part of his duty to apply to the district attorney to issue process. (Levy Court v. Ringgold, 5 Peters, 451.) He or his deputy must serve original process, as it cannot be served by a private person (Schwabacker v. Reilly, 2 Dill. 127); and when process is issued by a commissioner, it is his duty to make return thereon (United States v. Scroggins, 3 Woods, 529); but a subpoena may be served by a private person. (Russell v. Ashley, Hemp. 546; Schwabacker v. Reilly, 2 Dill. 127; Scott v. Allen, 6 Phila. 484.) A deputy marshal may make return of proc

ess, but should do so in the name of the marshal. (Spafford v. Goodell, 3 McLean, 97.) Marshal may amend his return. (Intern. Grain Ceiling Co. v. Dill, 10 Ben. 92.) A deputy marshal is an officer for whose appointment, qualification, and removal the laws of the United States expressly provide. (The E. W. Gorgas, 10 Ben. 469.)

§ 280. Powers of marshals.-The marshals and their deputies shall have in each State the same powers in executing the laws of the United States as the sheriffs and their deputies in such State may have by law in executing the laws thereof. (Rev. Stats. sec. 788.)

Note. A marshal may appoint a special bailiff to execute a particular process (U. S. v. Jailer, 2 Abb. U. S. 265), and the person appointed by him is an officer de facto. (Hyman v. Chales, 12 Fed. Rep. 85; Hopkins v. Chales, 12 Fed. Rep. 855.) This section differs from earlier statutes only in the substitution of the words "may have" for the word "have." But for the circumstance that the Revised Statutes is declared to be the re-enactment of laws already in force, this change of phraseology might be construed as conferring on marshals such powers as by State laws are conferred on sheriffs. (The E. W. Gorgas, 10 Ben. 470.) Independently of any rule of court or statute, a marshal or sheriff may direct a particular ministerial act with the performance of which he is charged, to be performed by another acting for him and under his authority and upon his responsibility. (The E. W. Gorgas, 10 Ben. 467.) A marshal of the United States has the same power to keep the peace of the United States that a sheriff has to keep the peace of the State, and is authorized to protect a judge from assault and murder. (Cunningham v. Neagle, 135 U. S. 1.) Authority from the attorney general and district attorney of the United States is sufficient to warrant a marshal in making provisions for the protection and defense of a justice of the Supreme Court while in the discharge of his duty. (Cunningham v. Neagle, 135 U. S. 1.)

In case of the

§ 281. In case of death. death of any marshal, his deputy or deputies shall continue in office, unless otherwise specifically removed, and shall execute the same in the name of the deceased until another marshal is appointed, as provided in this chapter, and duly qualified. The defaults or misfeasances in office of such deputies in the meantime 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 misfeasances in office of such deputies, during such interval, as he would be entitled to if the marshal had continued in life and in the exercise of his said office until his successor was appointed and duly qualified. (Rev. Stats. sec. 789.)

$ 282. May May execute process in their hands when removed.-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 cffice; 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. (Rev. Stats. sec. 790.)

Note. The word "execute" in this section includes making return to the process executed. (Cushing v.

Laird, 4 Ben. 70.) So a marshal may amend his return even after he has ceased to hold office. (Cushing v. Laird, 4 Ben. 70.) So execution is not complete until the money is made and paid over to the plaintiff, and all remedies to compel him to pay over the money survive his term of office. (McFarland v. Gwin, 3 How. 717.) If a marshal receives a writ of summons during his term, he may serve it after his successor is qualified. (Stewart v. Hamilton, 4 McLean, 534.) So if execution is issued to him, he may make a levy after his removal (Byers v. Fowler, 12 Ark. 218); and if he make a levy prior to removal, he may sell the property after his removal. (Byers v. Fowler, 12 Ark. 218; Doolittle v. Bryan, 14 How. 563; contra, Overton v. Gorham, 2 McLean, 509; U. S. v. Bank, Hemp. 460. Bowerbank v. Morris, Wall. Sr. 119.) If he make a levy after his removal, a sale by his successor is irregular, but valid in a collateral proceeding. (Byers v. Fowler, 12 Ark. 218.) The removal is complete as soon as the new marshal qualifies, even though no notice of the removal is given to the old marshal. (U. S. v. Bank, Hemp. 460; Överton v. Gorham, 2 McLean, 509; contra, Bowerbank v. Morris, Wall. Sr. 119.)

See power to execute in Indian Territory, 25 U. S. Stats. 167.

§ 283. 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 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." The words "so help me God" shall be omitted in all cases where an affirmation is admitted instead of an oath. (Rev. Stats. sec. 794.)

§ 284. Clerk's bond. That the clerks of the Supreme Court and the circuit and district courts respectively shall each, before he enters upon the execution of his office, give bonds, with sufficient sureties, to be approved by the court for which he is appointed, to the United States, in the sum of not less than five and not more than twenty thousand dollars, to be determined and regulated by the attorney-general of the United States, 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 it shall be the duties of the district attorneys of the United States, upon requirement by the attorney-general, to give thirty days' notice of motion in their several courts that new bonds, in accordance with the terms of this act, are required to be executed; and upon failure of any clerk to execute such new bonds his office shall be deemed vacant. The attorneygeneral may at any time, upon like notice, through the district attorney, require a bond of increased amount, in his discretion, from any of said clerks within the limits of the amount above specified; and the failure of the clerk to execute the same shall in like manner vacate his office. All bonds given by the clerks shall, after approval, be recorded in their respective offices, and copies thereof from the records, certified by the clerks, respectively, under seal of court, shall be competent evidence in any court. The original bond shall be filed in the department of justice. (18 U. S. Stats. 333; 1 Sup. Rev. Stats. 145. See Rev. Stats. sec. 795.) Note. The addition "that the clerk shall faithfully account for all moneys," does not vitiate the bond (U. S.

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