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For serving venires and summoning every twelve men as grand or petit jurors, four dollars or thirtythree and one-third cents each. In States where, by the laws thereof, jurors are drawn by lot, by constables, or other officers of corporate places, the marshal shall receive, for each jury, two dollars for the use of the officers employed in drawing and summoning the jurors and returning each venire, and two dollars for his own services in distributing the venires. But the fees for distributing and serving venires, drawing and summoning jurors by township officers, including the mileage chargeable by the marshal for each service, shall not at any court exceed fifty dollars.

For holding a court of inquiry or other proceed ings before a jury, including the summoning of a jury, five dollars.

For serving a writ of subpoena on a witness, fifty cents; and no further compensation shall be allowed for any copy, summons, or notice for a witness..

For serving a writ of possession, partition, execution, or any final process, the same mileage as is allowed for the service of any other writ, and fo making the service, seizing or levying on property, advertising and disposing of the same by sale, setoff, or otherwise according to law, receiving and paying over the money, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the States, respectively, in which the service is rendered.

For each bail bond, fifty cents.

For summoning appraisers, fifty cents each.

For executing a deed prepared by a party or his attorney, one dollar.

For drawing and executing a deed, five dollars. For copies of writs or papers furnished at the request of any party, ten cents a folio.

For every proclamation in admiralty, thirty

cents.

For serving an attachment in rem or a libel in admiralty, two dollars.

For the necessary expenses of keeping boats, vessels or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents a day.

When the debt or claim in admiralty is settled by the parties without a sale of the property, the marshal shall be entitled to a commission of one per centum on the first five hundred dollars of the claim or decree, and one half of one per centum on the excess of any sum thereof over five hundred dollars; provided, that when the value of the property is less than the claim, such commission shall be allowed only on the appraised value thereof.

For sale of vessels or other property under process in admiralty, or under the order of a court of admiralty, and for receiving and paying over the money, two and one-half per centum on any sum under five hundred dollars, and one and one-quarter per centum on the excess of any sum over five hundred dollars.

For disbursing money to jurors and witnesses, and for other expenses, two per centum.

For expenses while employed in endeavoring to arrest, under process, any person charged with or convicted of a crime, the sum actually expended, not to exceed two dollars a day, in addition to his compensation for services and travel.

For every commitment or discharge of a prisoner, fifty cents.

For transporting criminals, ten cents a mile for himself and for each prisoner and necessary guard; except in the case provided for in the next paragraph.

For transporting criminals convicted of a crime in any district or Territory where there is no penitentiary available for the confinement of convicts of the United States, to a prison in another district or Territory designated by the attorney-general, the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistence and hire.

For attending the circuit and district courts, when both are in session, or either of them when only one is in session, and for bringing in and committing prisoners and witnesses during the term, five dollars a day.

For attending examinations before a commissioner, and bringing in, guarding and returning prisoners charged with crime, and witnesses, two dollars a day; and for each deputy not exceeding two, necessarily attending, two dollars a day.

For traveling from his residence to the place of holding court, to attend a term thereof, ten cents a mile for going only.

For travel, in going only, to serve any process, warrant, attachment, or other writ, including writs of subpoena in civil or criminal cases, six cents a mile, to be computed from the place where the process is returned to the place of service, or, when more than one person is served therewith, to the place of service which is most remote, adding

thereto the extra travel which is necessary to serve it on the others. But when more than two writs of any kind required to be served in behalf of the same party on the same person might be served at the same time, the marshal shall be entitled to compensation for travel on only two of such writs; and to save unnecessary expense, it shall be the duty of the clerk to insert the names of as many witnesses in a cause in such subpoena as convenience in serving the same will permit.

In all cases where mileage is allowed to the marshal he may elect to receive the same or his actual traveling expenses, to be proved on his oath, to the satisfaction of the court. (Rev. Stats. sec. 829. See sec. 1660; also 26 U. S. Stats. 839; 1 Sup. Rev. Stats. 909.)

Note. The Act of February 26, 1853 (10 Stats. 161), limits the allowance as to deputy marshals to threefourths of the fees and emoluments earned by them. The twenty per cent. resolution of February 28, 1867 (14 Stats. 569), does not extend to a deputy marshal whose compensation was not fixed by law, but consisted of a proportion of the fees and emoluments earned by him. (Phillips v. United States, 11 Ct. of Cl. 570.) A marshal cannot be compelled to bear the expense of a reference as to his fees in a case pending in court, to which he was not a party. (The Captain John, 41 Fed. Rep. 147.)

Execution of process.-The fees of the marshal on an execution depend upon the law of the State (Alexander v. Thomas, 1 Cranch C. C. 92; Thomas v. Brent, 1 Cranch C. C. 161; Pomeroy v. Harter, 4 Mason, 448; In re Black, 2 Bank. Reg. 65); where execution is extended on land, he is entitled to fees though the land is not sold. (U. S. v. Smith, 1 Wood. & M. 184.) The marshal is entitled to the same fees and poundage for serving an execution as are allowed to sheriffs for similar services (U.S. v. Haas, 5 Fed. Rep. 29); but he is not entitled to poundage on

property which he does not take into his custody (Ringgold v. Lewis, 3 Cranch C. C. 367); nor is he entitled to compensation for its custody. (The Hibernia, 1 Sprague, 78.) No allowance beyond two dollars and a half per day can be made as necessary expenses for keeping property (U. S. v. Barrels, 1 Ben. 72; The Circassian, 6 Ben. 512; The Trial, Blatchf. & H. 94; The Free Trader, Brown Adm. 72; The Hibernia, 1 Sprague, 78; Bottomley v. U. S., 1 Story, 153); but if the property be removed to a warehouse, such reasonable expense as has been actually paid may be allowed (U. S. v. Barrels, 1 Ben. 72), and his claim for compensation must be established by vouchers or otherwise. (The Free Trader, Brown Adm. 72; The Phoebe, 1 Ware, 354.) He cannot lawfully rent any building except under order of court. (Perrin v. Epping, Chase, Dec. 430.) The fee for keeping a vessel on process issued in several cases will be divided equally among all the cases. (The Circassian, 6 Ben. 512; The John Wells Jr., 1 Sprague, 178.) He may be allowed premiums paid for insurance during the time the property is in his custody. (U. S. v. Barrels, 1 Ben. 72.) Where the owners of a seized vessel maintains a man on board for pumping, who is able to do all the work, no charge for pumping can be allowed to the marshal. (The Captain John, 41 Fed. Rep. 347.) Where a small steamer loaded with coal is seized by a marshal for forfeiture, and has neither crew nor engineer nor provisions on board, and there are no extraordinary circumstances apparent, the marshal cannot be allowed more than $2.50 per day for keeping the vessel. (The Captain John, 41 Fed. Rep. 147.)

Serving venire.-Where jurors are drawn by a State officer he is entitled to a fee of two dollars for serving the venire. (U. S. v. Cogswell, 3 Sum. 204; U. S. v. Smith, 1 Wood. & M. 184.)

Commissions.-The marshal is allowed for commissions on all sales made under an interlocutory decree (The Avery, 2 Gall. 308); so he is entitled to commissions where the property is, by contest, removed into another district and sold. (The San Jose Indians, 2 Gall. 311; see the Russia, 5 Ben. 84.) He is entitled to commissions if the case is settled (The City of Washington, 13 Blatchf.

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