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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 commitinent 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. Big. ler, 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 expense 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

and getting his instructions in the premises. (Rev. Stats. sec. 830.)

Note. The marshal is entitled to an allowance for money expended for rent and for clerk hire (U. S. v. Cogswell, 3 Sum. 204), and for personal expenses in establishing his account with government (U. S. v. Cogswell, 3 Sum. 204), and for maintaining a person committed to his custody, pending trial of the writ of habeas corpus (Case of the Runaways, 4 Cranch C. C. 489), and he is entitled to interest on items properly chargeable against government from the time of their rejection (U. S. v. Smith, 1 Wood. & M. 184; U. S. v, Cogswell, 3 Sum. 204); but he is not entitled to any charge for superintending a State prison where United States prisoners are kept. (U. S. v. Smith, 1 Wood. & M. 184.)

§ 299. Attendance on rule days, and

when circuit and district courts sit at

same time.-No per diem or other allowance shall be made to any district attorney, clerk of a circuit court, clerk of a district court, marshal or deputy marshal, for attendance at rule days of a circuit or district court; and when the circuit and district courts sit at the same time, no greater per diem or other allowance shall be made to any such officer than for an attendance on one court. (Rev. Stats. sec. 831.)

Note. No allowance for constructive travel and attendance. (U. S. v. Cogswell, 3 Sum. 204.) If the fees of either officer fall below the maximum he is entitled only to that amount, although the fees of the other exceed the maximum. (U. S. v. Bassett, 2 Story, 389.)

§ 300. Marshal of the Supreme Court of the United States.-The marshal of the Supreme Court of the United States shall be entitled to receive for the service of any warrant, attachment, summons, capias, or other writ, except

FED. PROC.-53.

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execution, venire, or a summons or subpoena for a witness, one dollar for each person on whom such service may be made. His fees for all other serv. ices shall be the same as are herein allowed to other marshals; but he shall pay into the treasury of the United States all fees received by him, and render a true account thereof at the close of each term to the attorney-general. (Rev. Stats. sec. 832.)

§ 301. Semi-annual return of fees. — Every district attorney, clerk of a district court, clerk of a circuit court, and marshal, shall, on the first days of January and July in each year, or within thirty days thereafter, make to the attor ney-general, in such form as he may prescribe, a written return for the half year ending on said days, respectively, of all the fees and emoluments of his office, of every name and character, and of all the necessary expenses of his office, including necessary clerk hire, together with the vouchers for the payment of the same for such last half year. He shall state separately in return the fees and emoluments received or payable under the Bankrupt Act; and every marshal shall state separately therein the fees and emoluments received or payable for services rendered by himself personally, those received or payable for services rendered by each of his deputies, naming him, and the proportion of such fees and emoluments which, by the terms of his service, each deputy is to receive. Said returns shall be verified by the oath of the officer making them. (Rev. Stats. sec. 833. See secs. 3085, 4644, 4647.)

Note.-Fees charged by the clerk of a district court in naturalization cases are not for services in his official

capacity for which he must account under this section. (U. S. v. Hill, 120 U. S. 169.) If the fees of either officer fall below the maximum, he is entitled only to that amount, although the fees of the other excced the maximum. (U. S. v. Bassett, 2 Story, 389.)

§ 302. What to be included in the semiannual returns.-The preceding section shall not apply to the fees and compensation allowed to district attorneys by sections eight hundred and twenty-five and eight hundred and twenty-seven. All other fees, charges, and emoluments to which a district attorney or a marshal may be entitled, by reason of the discharge of the duties of his office, as now or hereafter prescribed by law, or in any case in which the United States will be bound by the judgment rendered therein, whether prescribed by statute or allowed by a court, or any judge thereof, shall be included in the semi-annual return required of said officers by the preceding section. (Rev. Stats. sec. 834.)

Note.--The term "officer of the revenue" means an officer of the revenue from customs. (Campbell v. James, 18 Blatchf. 196; S. C., 8 Fed. Rep. 515.) His claim for credit for taxable costs not taxed cannot be admitted on a trial unless presented and disallowed. (United States v. Ingersoll, Crabbe, 135.)

§ 303. Compensation of district attorney. No district attorney shall be allowed by the attorney-general to retain of the fees and emoluments of his office which he is required to include in his semi-annual return, for his personal compensation, over and above the necessary expense of his office, including necessary clerk hire, to be audited and allowed by the proper accounting officers of the treasury department, a sum exceeding six thou

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