been pending in his district, forward to the department of justice a statement of any judgment or order made, or step taken in the same, during such term, accompanied by a certificate of the clerk, showing the parties to and amount of every such judgment, with such other information as the department of justice may require. And the said attorney shall direct speedy and effectual execution upon said judgment, and the United States marshal to whom the same is directed shall make returns of the proceedings thereon to the department of justice at such times as it may direct. (Rev. Stats. sec. 775.)

$ 268.

Marshals' term.-Marshals shall be appointed for a term of four years. (Rev. Stats. sec. 779.)

§ 269. Deputy marshals.-Every marshal may appoint one or more deputies, who shall be removable from office by the judge of the district court or by the circuit court for the district, at the pleasure of either. (Rev. Stats. sec. 780.)

§ 270. Marshals' salaries.--Marshals are entitled to receive salaries, as a compensation for extra services, as follows: The marshal of the district of California, at the rate of five hundred dollars a year; the marshal of the districts of North Carolina, at the rate of four hundred dollars a year; the marshals of all other districts, except the southern and eastern districts of New York, the eastern district of Pennsylvania, the southern district of Illinois, the western district of Missouri, the northern and southern districts of Georgia, and

the districts of Massachusetts, Maryland, and Nevada, at the rate of two hundred dollars a year. (Rev. Stats. sec. 781.)

Note.-Compensation for extra services relates to such as are by law devolved on the marshal. (U. S. v. Smith, 1 Wood. & M. 184.)

§ 271. Oaths of marshals. Every marshal and deputy marshal shall, before he enters upon the duties of his appointment, take, before the district judge of the district, an oath or affirmation in the following form: "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 deputy, as the case may be) of the district of -, during my continuance in said office, and take only my lawful fees. 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; provided, that when any person who is appointed deputy marshal resides and is more than twenty miles from the place where the district judge resides and is, the said oath of office may be taken by him before any judge or justice of any State court within the same district, or before any justice of the peace having authority therein, or before any notary public duly appointed in such State, or before any commissioner of a circuit court for such district, and shall, when certified by such officer to the said district judge, be as

FED. PROC.-50.

effectual as if taken before such district judge. (Rev. Stats. sec. 782.)

Every marshal,

$272. Marshal's bond. before he enters on the duties of his office, shall give bond before the district judge of the district, jointly and severally with two good and sufficient sureties, inhabitants and freeholders of such district, to be approved by said judge, in the sum of twenty thousand dollars, for the faithful performance of said duties by himself and his deputies. Said bond shall be filed and recorded in the office of the clerk of the district court or circuit court sitting within the district, and copies thereof, certified by the clerk, under the seal of the said court, shall be competent evidence in any court of justice. (Rev. Stats. sec. 783.)

Note. The district judge alone has authority to approve the bond (Jackson v. Simonton, 4 Cranch Č. C. 255); and a bond with only one surety does not comply with the statute. (Jackson v. Simonton, 4 Cranch C. C. 255.) So a bond to the President is not a bond to the United States. (Jackson v. Simonton, 4 Cranch C. C. 255.) A marshal is not qualified until he gives the bond required and until it is received by the proper official (Jackson v. Simonton, 4 Cranch C. C. 255); but if he proves his commission and his recognition as marshal by the Federal courts, it will be presumed that he conformed to the requirements of the law. (Killpatrick v. Frost, 2 Grant, 168.) Where the question is as to the proper construction of a marshal's bond, the cause is removable into the circuit court. (Lawrence v. Norton, 13 Fed. Rep. 1.)

§ 273. 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 re

turns 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 said courts, respectively. (Rev. Stats. sec. 791.)

§ 274. Returns, 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. (Rev. Stats. sec. 792.)

§ 275. Vacancies, how filled.—In case of a vacancy in the office of 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. (Rev. Stats. sec. 793. See In re Farrow, 3 Fed. Rep. 116.)

§ 276. Suits on marshal's bond-Costs. In case of a breach of the condition of a marshal's bond, any person thereby injured may institute in his own name and for his sole use a suit on said bond, and thereupon recover such damages as shall be legally assessed with costs of suit, for which execution may issue for him in due form. If such party fails to recover in the suit, judgment shall be rendered and execution may issue against him for costs in favor of the defendant; and the United States shall in no case be liable for the same. (Rev. Stats. sec. 784.)

Note.-An action for a breach of the marshal's bond may be brought in the name of the United States for the benefit of the party whose interests are affected. (U. S. v. Davidson, 1 Biss. 433.) It may be brought in the circuit court, although all parties are citizens of the same State. (U. S. v. Davidson, 1 Biss. 433; Wetmore v. Rice, 1 Biss. 237; Adler v. Newcomb, 2 Dill. 45.) A declaration for the breach should not claim the entire penalty but merely the damages sustained. (Adler v. Newcomb, 2 Dill. 45.) If an execution creditor seeks to charge the sureties, he cannot proceed summarily, but must proceed according to law. (Gwin v. Breedlove, 2 How. 29; Gwin v. Barton, 6 How. 7.)

§ 277. Marshal's bond to remain after judgment.-The said bond shall remain, after any judgment rendered thereon, as a security for the benefit of any person injured by breach of the condition of the same, until the whole penalty has been recovered; and the proceedings shall always be as directed in the preceding section. (Rev. Stats. sec. 785.)

§ 278.

Limitation of bonds.-No suit on a marshal's bond shall be maintained unless it is commenced within six years after the right of