Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN HEnORY OF JUDGE DOUQLASS BOARDMAN FmST DEAN OF THE SCHOOL By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library KF8841.M98 A treatise on proceedings in the United 3 1924 020 154 468 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924020154468 A TREATISE Proceedings in the United States Courts, DESIGNED POK THE USE OP AHOMEYS AND COUNSELORS PKACTICING THEREIN, AND ALSO FOB THE DEPUTIES OF THE UNITED STATES MARSHALS, AND OTHBK OFFICERS OF THE UNITED STATES, • PEACTICAL FORMS AND AN APPENDIX. By JAMES ANDREW MURRAY. ALBANY: WEED, PAESONS AND COMPAKT, PUBLISHEKS AND PRINTERS, 1869. Entered according to Act oT Congress, in the year eighteen hundred and sixty-nine, by JAMES ANDEBW MTIEEAT , In the Clerk's Office of the District Conrt of the United States for the Northern District of New Tork. TO TTTTT, MEMORY OF MY BROTHER, 1 JOHI^ B. MUEEAY, THIS ■WORK IS AJj'i'KUTiOWA'i'lliljY DEDICATED. PREFACE. A work of practical utility, as this is intended to be, requires but few words by way of preface or explanation of its plan or design. For convenience of reference, I have divided the work into four parts. . In Part I will be found — un- der their appropriate heads — matters of general information pertaining to the office of Deputy Mar- shal. In Parts II, III and IV, are set forth the various forms for returns to process now in use in the Northern District of New York, to wit : In Part II, forms in Informatwn suits — that is, where pro- perty is seized on land; in Part III, forms in Admiralty cases — or, where property is seized on water ; and in Part IV, miscellaneous forms in civil and criminal cases. The Author has been induced to commence this work from a belief in its usefulness and necessity. And, although he is aware that the practice in the different districts of the United States is not similar to that in this District, he is confident that the 6 PREFACE. greater part of this book will be found of practical use in all. It was at first intended to make it a book of forms ; , but afterwards it was deemed ex- pedient to publish it in the form it is now presented. With the hope that this work may meet with a kind reception, it is submitted to the favorable con- sideration of those for' whom it is designed. J. A. M. Buffalo, October, 1869. A LIST OF THE ABBREVIATIONS USED. Abb. Aim Abbott's Admiralty Reports. Blatch. C. C Blatcbford's Circuit Court Reports. Brock. Marsh , Brockenbrougb's Marshals' Decisions. Bum. (Wis.) Burnett's Wisconsin Reports. Cliff Clifford's Circuit Court Reports. Cranch C. Ct Cranch's Circuit Court Reports. Cranch Cranch's Supreme Court Reports. Gall Gallison's Circuit Court Reports. Hempst Hempstead's Circuit Court Reports. How Howard's Supreme Court Reports. Id Idem — the same. Ibid Ibidem — in the same case. Op. Atty. Gen Opinions of Attorneys-General. Pet. C. C Peters' Circuit Court Reports. Pet Peters' Supreme Court Reports. McL McLean's Circuit Court Reports. Sprague Sprague's Decisions. Stat, at L U. S. Statutes at Large. U. S. Const Constitution of the United States. Wall. C. Ct Wallace's Circuit Court Reports. Wall Wallace's Supreme Court Reports. Wheat Wheaton's Supreme Court Reports. JUSTICES OF THE SUPREME COURT. Chief-JusUae. Hon. salmon P. CHASE, Washington, D. 0. Associates. Hon. SAMUEL JSTELSON, Coopeestown, JST. T. Hon. EOBEET 0. GEIEE, Philadelphia, Pa. HoN.-NATHAlSr CLIFFOED, Poetlaot, Me. Hon. ITOAH H. SWAYNE, Columbus, O. Hon. SAMUEL F. MILLEE, Keokuk, Iowa. Hon. DAYID DAYIS, Bloomington, III. Hon. STEPHEN J. FIELD, San Feancisco, Cal. Clerh of the Court. D. W. MIDDLETON, Washington, D. C. United States Attorney- General. Hon. E. E. HOAE, Washington, D. 0. UNITED STATES DISTRICT JUDGES. Alabama — northben, southern and middle districts. Hon. EICHAED BUSTEED, Mobile. ^/■^a^sas — EASTERN and western districts. Hon. HENEY C. CALDWELL, Little Eock. ' California. Hon. OGDETS" HOFFMAlSr, San Francisco. Connecticut. Hon. WM. D. SHIPMAN, Haetfoed. Delaware. Hon. WILLAED HALL, Wilmington. Florida — northern district. Hon. PHILIP FEASEE, Jacksonville. SOUTHERN DISTRICT. Hon. THOS. J. BOYNTON", Key West. Georgia — northern and southern districts. Hon. JOHN" EESKINE, Savannah. Illinois — NORTHERN DISTRICT. Hon. THOS. DEUMMOND, Chicago. SOUTHERN DISTRICT. Hon. SAMUEL H. TEEAT, Springfield. 12 DISTRICT JUDGES. Indiana. HoiT. WALTER Q. GEESHAM, New Albany. Iowa. HoK. JAMES M. LOVE, Otttjmwa. Kansas. Hon. MAEK "W". DELAHAT, Topeka. Kentucky. Hon. bland BALLAED, Lothsville. Louisiana. Hon. E. H. DUEELL, New Oeleans. Maine. Hon. EDMUND FOX, Poetland. Maryland. Hon. WM. FELL GILES, Baltimoee. , Massachusetts. Hon. JOHN LOWELL, Newton. Michigan — bastben disteict. Hon. EOSS WILKINS, Deteoit. western disteict. Hon. S. L. WITHEY, Geand Eapids. Minnesota. Hon. E. E. NELSON, St. Paul. Mississippi — noetheen and southeen disteiots. Hon. EOBEET A. HILL, Oxfoed. Missouri — bastbkn disteict. Hon. SAMUEL TEEAT, St. Loots. DISTRICT JUDGES. 13 WESTERN DISTEICT. Hon. AENOLD KEEKEL, Jefferson Citt. Nebrcdka. Hon. ELMEE S. DUNDY, Falls Citt. Nevada. Hon. a. W. BALDWIN, Ydbginia. New Hampshire. Hon. DANIEL CLAEK, Manchester. New Jersey. Hon. EICHAED S. FIELD, Princeton. New York — northern district. Hon. NATHAN K. HALL, Btofalo. southern district. Hon. SAMUEL BLATCHFOED, New York. EASTERN DISTRICT. Hon. CHAS. L. BENEDICT, Brooklyn. North Carolina. Hon. GEOEGE W. BEOOKS, Elizabeth Citt. Ohio ' — northern district. Hon. CHAELES T. SHEEMAN, Cleveland. southern DISTEICT. Hon. HUMPHREY H. LEAVITT, Cincinnati. Orsgon. Hon.- MATTHEW P. DEADY, Portland. Pennsylvania — eastern district. Hon. JOHN CADWALADEE, Philadelphia. 14 DISTRICT JUDGES. WESTERN DISTEICT. Hon. WILSON MoCANDLESS, PrrrsBUEGH. Rhode Island. Hon. JOHN P. KNOWLES. South Carolina. Hon. GEOKGE S. BEYAN, Chaeleston. Tennessee — basteen, wbsteen and middle disteicts. Hon. CONNALLY F. TRIGG, Memphis. Texas — eastern district. Hon. JOHN C. WATROUS, Galveston. western district. Hon. THOMAS H. DUVAL, Austin. Vermont. Hon. DAYID A. SMALLEY, Buelington. Yirginia. Hon. JOHN C. UNDERWOOD, Richmond. » West Virginia. Hon. JOHN G. JACKSON, Paekeesbueg. Wisconsin. Hon. ANDREW" G. MILLER, Milwaukee. TABLE OF OOE'TEl^ITS. Preface 5 List of Abbreviations 7 List of the Justices of tlie U. S. Supreme Court 9 List of tie Judges of the XJ. S. District Courts 11 Table of Contents '. 15 F-AJRT I. General information 17 Section 1. Of admiralty 33 3. Of affidavits and depositions 34 3. Of arrest 38 4 Of attachment 31 5. Of bail 83 6. Of distress warrants 38 7. Of execution 43 8. Of extradition 49 9. Of fees, 53 10. Of indictment, 53 11. Of interest 54 13. Of imprisonment for debt 55 13. Of jails 56 14. Of judgments 58 15. Of juries 59 16. Of limitation 64 17. Of name 68 18. Of oaths 68 19. Of pardon 69 30. Of powers, duties and liabilities of Marshals 71 16 TABLE OF CONTENTS. PAGE. Section 21. Of prisoners 77 23. Of process 79 23. Ql seizure cases 81 24. Of subpoenas and witnesses 83 PART II. - Forms for returns in information spts 91 P.ART III, Forms for returns in admiralty cases 103 Pu^RT IV. Miscellaneous forms, and forms in civil and criminal cases 121 Appendix (A) ; 149 Appendix (B) 165 Index 171 A TEEATISE ON PROCEEDINGS IN THE UNITED STATES COUETS, DESISNBD rOR THE USB OF ATTORNEYS AND COUNSELORS PRACTICING- THEREIN, AND ALSO FOR THE DEPUTIES OF THE UNITED STATES MARSHALS, AND OTHER OFFICERS OF THE UNITED STATES. "WITH PRACTICAL FORMS AND AN APPENDIX. PART I. GENERAL mFORMATION. On receiving his appointment, and before entering on the duties of his office, the Deputy Marshal is re- quired to take the following oath or affirmation, viz. : " I, , 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's Deputy of the District of , dur- ing my continuance in said office, and take only my lawful fees. So help mo God. "And I do further solemnly swear [or affirm] that I will support the Constitution of the United States. So help me God." (Act Sept. 24, 1789 ; 1 Stat, at L. 87, § 27 ; Act June 1, 1789 : 1 Stat, at L. 23, § 1.) 3 L8 GENERAL INFORMATION. This oath should be taken before the District Judge ; but when a Deputy Marshal shall " reside and be " more than twenty miles from the place where the District -Judge of his District shall " reside and be," the oath may be administered and taken by and be- fore 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 said District Judge, shall be as effectual as if administered or taken before the District Judge. (Act • Feb. 28, 1799 ; 1 Stat, at L. 625, § 2.) It may also be taken before any United States Commissioner. By Act of Congress, approved July 2, 1862 (12 Stat, at L. 502, § 1), the Deputy Marshal is also re- quired, before entering upon the duties of his office, to take and subscribe the following oath or affirma- tion, viz. : " I, , do solemnly swear [or affirm] that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted, nor attempted to exercise the functions of, any office whatever, under any authority or pretended authority in hostility to the United States ; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto. And I do further swear [or affirm] that, to the best of ray knowledge and ability, I will support and defend the Consti- tution of the United States against all enemies, foreign and domestic ; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental GENERAL INFORMATION. 19 reservation or purpose of evasion, and tliat I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." The Deputy is also obliged to execute a bond to the Marshal for the faithful performance of his duties, — the penal sum whereof is whatever the Mar- shal of the District may require, but is usually from five to ten thousand dollars. (See form No. 27.) Every Deputy should provide himself with two dockets, in one of which should be entered all crimi- nal cases, showing what has been done in each, the disposition made thereof and the fees therein ; and in the other should likewise be entered all civil cases. It will also be found convenient to have a scrap book, in which should be placed copies of all legal notices published by the Deputy. It is of very great importance that all papers should be returned in as clean a state as when placed in the hands of the Deputy, and that his returns should be indorsed on some part of the process, other than that whereon is the indorsement of the court. He should also indorse on all process placed in his hands, the hour of the day, day of the month, and the year, of its receipt by him, and promptly execute and return the same to the Marshal. Where proof of publication of any notice is required, the same should be obtained and annexed to the process at the time of making return thereof. It very often happens that process of arrest and execution are given to the Deputy in the first instance, instead of being sent to the Marshal. In such case, the Deputy should, as soon as possible, inform the 20 GENERAL INFORMATION. Marshal of the fact, giving the title of the case, nature of the writ, the amount sued for or to be collected, the name of the attorney, and such other information as will be requisite for the Marshal to know and ena- ble him to make the proper entries on his books. In Commissioners' Courts, United States witnesses should be paid as soon as thej are discharged by the Commissioner. The Deputy takes a receipt on dupli- cate pay-rolls for the amount paid each witness. If more than four witnesses have been paid, the District Attorney's certificate should be obtained as to their necessity and materiality. (See page 84.) The pay-rolls should then be forwarded to the Marshal as vouchers for such payments. As soon as a case is determined before a Commis- sioner, the Deputy should forward to the Marshal the warrants and subpoenas served by him, with the proper returns thereon indorsed, and give the result of the examination, whether the prisoner was discharged, gave bail, or was committed to jail, always stating for what term the recognizance was taken, or the com- mittal made. This is necessary to enable the Mar- shal to make correct estimates for term expenses, and also to know to whom to send subsequent process in the case. He should also see that the Commissioner's minutes, with a correct list of the names and residence of the witnesses who will be required before the Grand Jury, are forwarded to the District Attorney, without delay. It is proper to state here, that, in accordance with the provisions of the law requiring witnesses to be subpoenaed to testify generally on the part of tho GENERAL INFORMATION. 21 United States, the name of a witness is inserted in a subpoena hut once for the same #er?«; unless he is re- quired to be summoned duces tecum, after having been theretofore subpoenaed, and unless, also, he has been discharged, and it is afterwards ascertained that he will be needed in another cause. (See page 86.) When subpoenas are needed on the part of the United States, the District Attorney issues a prcecipe to the Clerk of the court wherein the suit is pending, and the Clerk makes out the subpoenas accordingly. Under no circumstances should the Deputy alter process, or allow the same to be altered, after it comes into his hands. Ho name should b.e inserted in a sub- poena unless it is done by the Clerk. If additional witnesses are needed, the Deputy should inform the District Attorney ; but should not subpoena them without process. When a Deputy Marshal is present at a term of the court, and has cases for trial, or for the Grand Jury, he should be constant in his attendance, in order that the District Attorney can have his aid in keeping the witnesses at his command, and can consult with him when necessary. 22 GENERAL INFORMATION. SECTION I. ADMIEALTY. Ill any case brought in the courts of the United States, exercising jurisdiction in admiralty, where a warrant of arrest, or other process in rem, shall be issued, it shall be the duty of the Marshal to stay the exectition of such process, or to discharge the property arrested, if the same has been levied, on receiving from the claimant of the same a bond or stipulation, in doiible the amount claimed by the libellant, with sufficient surety, to be approved by the Judge of the said court, or, in his absence, by the Collector of the port, conditioned to abide and answer the decree of the court in such cause ; and such bond or stipulation shall be returned to the said court, and judgment on the same, both against the principal and sureties, may be recovered at the time of rendering the decree in the original cause, etc. (Act March 3, 1847 ; 9 Stat. at L: 181.) This does not, however, apply to suits for forfeiture; but only to private suits in rem. If a bond is not given as above stated, the Mar- shal is required to publish the notice mentioned in form No. 14. No delivery on bail can legally be made, where the United States is a party, without due notice to the Dis- trict Attorney. {Ex parte RohUns, 2 Grail. 320.) When the Marshal holds a vessel, by virtue of two warrants to arrest, in different suits, the custody fees are to be charged equally upon the two suits. {The John Walls, Jr., Sprague, 178.) GENERAL INFORMATION, 23 Where a vessel, seized under a warrant from the District Court, continued in the custody of the Mar- shal until the case was disposed of in the Circuit Court, the Marshal had no right to effect insurance on the vessel, while so remaining in his custody, at the expense of either party, without their consent. Money paid by the Marshal for such insurance can- not be allowed in the taxable costs. {Burke v. Brig M. P. Rich, 1 Cliff. 509.) Under rules 47 and 48 of the United States Dis- trict Court for the Southern District of New York, notice of sale under a venditioni exponas (except on condemnation of property on seizure by the United States) must be^published for six days ; and the sale will be set aside if this full number of publications is not made. (The Hornet, 1 Abb. Adm. 67.) It is not a sufficient return to a venditioni exponas, " that A B, to whom the property was struck off at the sale, has neglected and refused to comply with the terms of sale." ( Wortman v. Conyngham, Pet. C. C. 241.; It is the duty of the Marshal to offer the property at sale again, if he had time to do so ; and if not, by a proper return, enable the plaintiff to take out an alias (Ibid.) 24 GENERAL INFORMATION. SECTION II. AFFIDAVITS AND DEPOSITIONS. All of the coiirts of the United States shall have power to impose and administer necessary oaths and affirmations. (Act Sept. 24, 1789, 1 Stat, at L. 83, The Commissioners appointed by the Circuit Courts are authorized "to take acknowledgments of bail and affidavits" (act Feb. 20, 1812, 2 Stat, at L. 679, § 1) ; "to take affidavits and bail in civil causes, to be used in the several District Coui'ts of the United States" (act March 1, 1817, 3 Stat, at L. 350, § 1); and also in civil causes, to take depositions of persons de bene esse. (Id.) By act of February 26, 1853 (10 Stat, at L. 163, § 1), the Clerks of the District and Circuit Courts respectively, ex officio, are " authorized and empowered to administer oaths, take acknowledgments, take and certify affidavits and depositions in the same manner as Commissioners." Notaries Public are also authorized to " take depo- sitions, and do such other acts in relation to evidence to be used in the courts of the United States, in the same manner, and with the same effect, as Commis- sioners to take acknowledgments of bail and affidavits may now lawfully take or do." (Act July 29, 1854, 10 Stat, at L. 315, § 1.) Under the last mentioned provision of the law, affidavits taken before Notaries Public having a seal GENERAL INFORMATION. 25 are accepted by the United States Courts in the Northern District of New York. Eegisters in bankruptcy shall have power to admin- ister oaths in all cases and in relation to all matters in which oaths may be administered by Commissioners of the Circuit Courts of the United States, and such Commissioners may take proof of debts in bankruptcy in all cases, subject to the revision of such proofs by the Register and by the court, according to the pro- visions of the bankruptcy act. (Act July 27, 1868, 2 Pamphlet Laws, 228, § 3.) See " Oaths." The Clerks of the District and Circuit Courts, in the absence or in case of the disability of the Judges, are authorized to take " the affidavits of all surveyors relative to their reports, and to administer oaths to all persons identifying papers found on board of vessels or elsewhere, to be used on trial in admiralty causes." (Act May 3, 1792, 1 Stat, at L. 278, § 10.) In case of the District Judge in any District being unable to discharge his duties, * * the District Clerk of such District shall be authorized and empowered, by leave or order of the Circuit Judge of the Circuit in which such District is included, to take, during such disability of the District Judge, all examinations and depositions of witnesses, and make all necessary rules and orders preparatory to the final hearing of all causes of admiralty and maritime jurisdiction. (Act March 2, 1809, 2 Stat, at L. 535, § 3.) When the testimony of any person shall be neces- sary in any civil cause depending in any District, in any court of the United States, who shall live at a greater distance from the place of trial than one hun- 26 GENERAL INFORMATION. dred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of such District, and to a greater distance from the place of trial than as. aforesaid, before the time of trial, or is ancient or very infirm, the deposition of such person may be taken de hem esse, before any Justice or Judge of any of the courts of the United States, or hefore any Chan- cellor, Justice or Judge of a Supreme or Superior Court, Mayor or chief magistrate of a city, or Judge of a County Court or Court of Common Pleas of any of the United States, not being of counsel or attorney to either of the parties, or interested in the event of the cause. (Act Sept. 24, 1789, 1 Stat, at L. 88, § 30.) Every Secretary of Legation and consular officer is hereby authorized, whenever he shall be required or may deem it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate or commercial agency, to administer to or take from any person an oath, affirmation, affidavit or deposition, and also to perform any notarial act or acts such as any notary public i§ required or authorized by law to do or perform within the United States ; and every such oath, affirmation, affidavit, deposition and notarial act administered, sworn, affirmed, taken, had or done, by or before any such officer, when cer- tified under his hand and seal of office, shall be as good, valid, effectual, and of like force and effect within the United States, to all intents and purposes, as if such oath, affirmation, affidavit, deposition or notarial act had been administered, sworn, affirmed, taken, had or done, by or before any other person within the United States duly authorized and compc- GENERAL INFORMATION". 27 tent thereto ; and if any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirm- ation, affidavit or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any Dis- trict of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offense ; and any document purporting to have affixed, impressed or subscribed thereto or thereon, the seal and signature of the officer administering or taking the same in tes- timony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and, on conviction, shall be imprisoned not exceeding three years and not less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted and dealt with therefor, in the District where he may be arrested or in custody. (Act Aug. 18, 1856, 11 Stat, at L. 61, § 24) 28 GENERAL INFORMATIOlSr. SECTION III. AEEEST. Of this it is not necessary to treat at length, as every Deputy Marshal is presumed to be familiar with the mode of arrest and commitm'ent. But there are several matters which require partic- ular attention on the part of the Deputy, viz. : First. In making an arrest on a hailaWe capias, the Deputy should take a bond to the Marshal for the amount named in the writ, and conditioned that the de- fendant shall put in special bail within twenty days after the return day thereof and perfect such bail if required. (See form No. 34.) If the defendant can- riot give bail, he should be committed to the common jail of the county wherein the arrest was made, and the proper return indorsed on the capias. (See form No. 32.) If he does give bail, he is not required to appear at court on the return day of the capias. He has merely to enter his appearance with the Clerk, and serve notice thereof on the District Attorney (which can be done by his attorney), and put in special bail within twenty days after the return day. A party cannot be arrested on a non-bailable capias. The Deputy merely makes service by showing the origi- nal writ to the defendant and leaving with him a copy thereof The forms of both writs are the same, and the only apparent difference is in the one being in- dorsed bailable capias and the other non-bailable ca- pias. They may, however, be distinguished by the GENERAL INFORMATION. 29 cause of action mentioned in the writ, — for instance, a suit to recover a penalty is bailable, while an action on a bond or recognizance is not. Secondly. In arresting a defendant on a ca. sa., and he does not immediately pay the debt and costs, he should, forthwith, be committed to the common jail of the county wherein he is arrested. The Marshal cannot accept bail, nor can he allow the debtor to go out of the way to procure money wherewith to pay the debt. He must commit him directly to jail ; otherwise he may make himself liable as for an escape. Thirdly. It often happens that a person indicted in one District makes his escape into another. In such case, the Deputy should obtain a capias for his arrest, and a certified copy of the indictment to use as evi- dence. He should then produce the same, and make complaint, before the District Judge of the District where the defendant may be. The Judge will there- upon issue his warrant commanding the Marshal of that District to arrest and bring before him the body of the defendant. The Marshal will either make the arrest himself, or authorize the Deputy to execute the writ. On the prisoner being brought before the Judge, he will, upon proof of identity being furnished, issue his warrant to the Marshal of that District to trans- port the defendant to the District wherein the offense was committed. And this applies also to detained witnesses. (See act Sept. 24, 1789 1 Stat, at L. 91, § 33.) The Deputy should then obtain a deputization from the Marshal of that District to transport the prisoner. On making the removal, he should deliver a copy of 30 9^NERAL INFORMATION". the warrant to the sheriff Or jailer from whose cus- tody the prisoner is taken, and another copy thereof to the sheriff or jailer to whose custody he may be committed, and the original writ, with his return thereon, should be returned to his Marshal. In some Districts, the Judge issues his warrant for the arrest and transportation of the prisoner directly to the District wherein the offense was committed, without requiring the production of his body before him. Complaint may also be made before a United States Commissioner, and the same proceedings had as be- fore the Judge, except that the Commissioner must commit the defendant to jail to await the warrant of the Judge for his removal. (For form of Judge's warrant and return thereto, see forms Nos. 66 and 67.) But the Deputy should, in the first instance, go before the District Judge in all cases where it is prac- ticable to do so ; and, for that purpose, it would be best to have an indictment previously found, as it will save a great deal of time and expense. As the Marshal of- the foreign District will be enti- tled to the fees for the arrest and transportation of the prisoner, whether he performs the service or not, the Deputy should require him to sign a disclaimer of ail such fees in cases where it is proper to do so. (See form No. 31.) For any crime or offense against the United States, the offender may, by any Justice or Judge of the United States, or by any justice of the peace or other magistrate of any of the United States, where he may be found (or by any Commissioner of the Cir- GENERAL INFORMATION. 31 cuit Court, act Aug. 23, 1842, 5 Stat, at L. 516, § 1), agreeably to the usual mode of process against oiFeuders in such State, and at the expense of the United States, be arrested and imprisoned or bailed, as the case may be, fol* trial before such court of the United States as by this act has cognizance of the offense. (Act Sept. 24, 1789, 1 Stat, at L. 91, § 33.) SECTION IV. ATTACHMENT. If a witness subpoenaed on the part of the United States to attend at a term of the Circuit or District Court refuses to attend, an attachment maybe pro- cured to compel his attendance. It is only necessary^ to produce proof of service of the subpoena, and the coiurt will grant an order for attachment, on motion- of the District Attorney, — if, "upon being called in court, the witness does not appear. It is presvimed, however, that, in suits between private parties, the court will require proof of the tender of the legal fees to the witness at the time of serving the subpoena. In all cases where debts are due from postmasters, mail-contractors or other officers, agents or employees of the post-office department, who are in default or delinquency, a warrant of attachment may issue against all property, real and personal, possessions and rights, legal, equitable and contingent, belonging to such officer and his sureties,, or either of them,, in. the following cases: 32 GENERAL INFORMATION. 1. When any such officer, agent or employee, and his sureties, or either of them, has participated in, aided, abetted or countenanced any rebellion against the United States. 2. When such officer, agent or emyloyee, and his sureties, or either of them, is a non-resident of the District where such officer was appointed, or has de- parted the District for the purpose of permanently residing elsewhere, or of defrauding the United States, or of avoiding the service of civil process. 3. When such officer or his sureties, or either of them, has conveyed, or is about to convey, or has re- moved or is about to remove, his property, or any part thereof, from the District with intent to defraud the United States. And where such removal has taken place, certified copies of the warrant may be sent to the Marshal of any other District into which such property may have been removed, under which certified copies, it shall be lawful for such Marshal to seize such property and convey it to some convenient point within the jurisdiction of the court from which the warrant originally issued. Immediately upon the execution of the warrant of attachment, the Marshal shall cause due publication of such attachment to be made, in the case of abscond- ing debtors or adherents of the rebellion, for two months, and in case of non-residents for four months. Such publication to be made in some newspaper or newspapers within the District where the property attached is situated, and the details of such publica- tion shall be regulated in each case by the order under which the warrant is issued. GENERAL INFORMATION. 33 When any person or persons indebted to or having possession of the property of such dei'endants, or either of them, shall be known to the District Attor- ney or the Marshal, it shall be the duty of such officer to see that personal notice of such attachment is served upon such persons, as in cases of garnishees. The fees, costs and expenses of issuing and serving the warrant of attachment shall be regulated as far as possible by the existing laws of the United States and the rules of court made in pursuance thereof (Act Feb. 23, 1865, 13 Stat, at L. 432.) SECTION V. BAIL. The subject of arrest and bail in the United States Courts is regulated and governed by the local law in each District. As a general rule, bail should reside within the ju- I'isdiction of the court before whom the prisoner is acknowledged to appear, — or before whom the suit or proceeding, wherein bail is offered, shall be pending. Any party charged with a criminal offense, and admitted to bail, may, in vacation, be arrested by his bail and delivered to the Marshal or his Deputy, be- fore any Judge or other officer having power to com- mit for such offense ; and, at the request of such bail,' the Judge or other officer shall recommit the party so arrested to the custody of the Marshal, and indorse 34 GENERAL INFORMATION". on the recognizance, or certified copy thereof, the dis- charge and exoneratur of such bail ; and the, party so committed shall therefrom be held in custody until discharged by due course of law. (Act Aug. 8, 1846, 9 Stat, at L. 73, § 4.) Upon all arrests in criminal cases, bail shall be ad- mitted, except where the punishment may. be death, in which cases, it shall not be admitted, but by the Supreme or a Circuit Court, or by a Justice of the Supreme Court, or a Judge of a District Court, who shall exercise their discretion therein, regarding the nature and circumstances of the offense, and of the evi- dence and the usages of law. And if a person com- mitted by a Justice of the Supreme or a Judge of a District Court, for an offense not punishable with death, shall afterward procure bail, and there be ho Judge of the United States in the District to take the same, it may be taken by any Judge of the Supreme or Superior Court of law of such State. (Act Sept. 24, 1789, 1 Stat, at L. 91, § 33.) Bail for appearance in any court of the United States, in any criminal cause in which bail is by law allowed, may be taken by any Judge of the United States, any Chancellor, Judge of a Supreme or Supe- rior Court, or chief or first Judge of any Court of Common Pleas of any State, or mayor of a city in either of them, and by any person having authority from a Circuit Court, to take bail ; which authority, revocable at the discretion of such court, any Circuit Court may give to one or more discreet persons, learned in the law, in any District for which such court is holden, where, from the extent of the District, GENERAL INFORMATION. 35 and remoteness of its parts from the usual residence of any of the before-named officers, such provision shall, in the opinion of the court, be necessary : Pro- vided, that nothing herein shall be construed to ex- tend to taking bail in any case where the punishment for the offense may be death ; nor to abridge any power heretofore given by the laws of the United States to any description of persons to take bail. (Act March 2, 1793, 1 Stat, at L. 334, § 4.) Upon the necessary proof being made to any Judge of the United States, or other magistrate having authority to commit on criminal charges against the laws of the United States, that a person previously admitted to bail on any such criminal charge is about to abscond, and that his bail is insufficient, it shall and may be lawful for any such Judge or magistrate to require such person to give better security, or, for default thereof, to cause him to be committed to prison ; and, to that end, an order for his arrest may be indorsed on the former commitment, or' a new warrant therefor may be issued by such Judge or magistrate, setting forth the cause thereof. (Act Aug, 8, 1846, 9 Stat, at L. 73, § 6.) The Clerks of the District and Circuit Courts, in the absence or in case of the disability of the judges, are authorized " to take recognizances of special bail, de bene esse, in any action depending in either of the said courts. (Act May 8, 1792, 1 Stat, at L. 278, § IQ.) The Judges of the Supreme Court, and of the several District Courts of the United States, and all Judges and Justices of the courts of the several States, having authority by the laws of the United 36 GENERAL INFORMATION". States to take cognizance of offenses against the Con- stitution and laws thereof (and also the Commission- ers of the Circuit Court, act May 15, 1862, 12 Stat, at L. 387, § 8), shall respectively have the like power and authority to hold to security of the peace and for good behavior, in cases arising under the Constitution and laws of the United States, as may or can be law- fully exercised by any Judge or Justice of the peace of the respective States, in cases cognizable before them. (Act July 16, 1798, 1 Stat, at L. 609, § 1.) In all cases where a defendant, who hath procured bail to respond the judgment in a suit brought against him in any of the courts of the United States, shall afterwards be arrested in any District of the United States, other than that in which the first suit was brought, and shall be committed to a gaol, the use of which shall have been ceded to the United States for the custody of prisoners, it shall be lawful for and the duty of any Judge of the Court in which the suit is depending, wherein such defendant had so pro- cured bail as aforesaid, at the request and for the in- demnification of the bail, to order and direct that such defendant be held in the gaol to which he shall have been committed a prisoner, in the custody of the Marshal, within whose district such gaol is, and upon the said order duly authenticated being delivered to the said Marshal, it shall be his duty to receive such prisoner into his custody, and him safely to keep, and the Marshal shall thereupon be chargeable, as in other cases, for an escape. And the said Marshal there- upon shall make a certificate, under his hand and seal, of such commitment, and transmit the same to the GENERAL INFORMATION. 37 court from which such order issued ; and shall also, if required, make a duplicate thereof, and deliver the same to such bail, his or their agent or attorney, and upon the said certificate being returned to the Court which made the said order, it shall be lawful for the said Court or any Judge thereof, to direct that an exoneratur be entered upon the bail piece where special bail shall have been found, or otherwise to dis- charge such bail, and such bail shall thereupon ac- cordingly be discharged. § 2. The Marshal or his Deputy, serving such order as aforesaid, shall therefor receive the same fees and allowances as for the service of an original process com- mitment thereon to the gaol and the return thereof § 3. In every case of commitment as aforesaid, by virtue of such order as aforesaid, the person so com- mitted shall, unless sooner discharged by law, be holden in gaol until final judgment shall be rendered in the suit in which he procured bail as aforesaid, and sixty days thereafter, if such judgment shall be ren- dered against him, that he may be charged in execu- tion, which may be directed to and served by the Marshal in whose custody he is. (Act March 2, 1799, 1 Stat, at L. 727.) See "Affidavits and Depositions." 38 GENERAL INFORMATION. SECTION VI. DISTRESS WAEEANTS. If any collector of the revenue, receiver of public money, or other officer who shall have received the public money before it is paid into the treasury of the United States, shall fail to render his account, or pay over the same in the manner or within the time required by law, it shall be the duty of the first comp- troller of the treasury to cause to be stated the ac- count of such collector, receiver of public money or other officer, exhibiting truly the amount due to the United States, and certify the same to the [Solici- tor of the Treasury, act May 29, 1830, 4 Stat, at L. 414, § 1], who is hereby authorized and required to issue a warrant of distress against such delinquent officer and his sureties, directed to the Marshal of the District in which such delinquent officer and his surety or sureties shall reside, and where the said officer and his surety or sureties shall re- side in different Districts, or where they, or either of them shall reside in a District other than that in which the estate of either may be situate, which may be intended to be taken and sold, then such warrant shall be directed to the Marshals of such Districts, and to their Deputies respectively ; therein specifying the amount with which such delinquent is chargeable and the sums, if any, which have been paid. And the Marshal authorized to execute such-warrant shall, by himself or by his Deputy, proceed to levy and GENERAL INFORMATION. 39 collect the sum remaining due, by distress and sale of the goods and chattels of such delinquent officer ; having given ten days' previous notice of such in- tended sale, by affixing an advertisement of the arti- cles to be sold at two or more public places in the town and county where the said goods or chattels were taken, or in the town or county where the owner of such goods or chattels may reside ; and if the goods and chattels be not sufficient to satisfy the said warrant, the same may be levied upon the person of such officer, who may be committed to prison, there to remain until discharged by due course of law. Notwithstanding the commitment of such officer, or if he abscond, or if goods and chattels cannot be found sufficient to satisfy the said warrant, the Mar- shal or his Deputy may and shall proceed to levy and collect the sum which remains due by such delin- quent officer, by the distress and sale of the goods and chattels of the surety or sureties of such officer; having given ten days' previous notice of such in- tended sale, by affixing an advertisement of the arti- cles to be sold at two or more public places in the town or county where the said goods or chattels were taken, or in the town or county where the owner of such goods or chattels resides. And the amount due by any such officer as aforesaid shall be, and the same is hereby declared to be, a lien upon the lands, tene- ments and hereditaments of such officer and his sure- ties, from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof made in the office of the Clerk of the District Court of the proper District, until th same 40 GENERAL INFORMATION". shall be discharged according to law. And for want of goods and chattels of such officer, or his surety or sureties, sufficient to satisfy any warrant of distress issued pursuant to the provisions of this act, the lands, tenements and hereditaments of such officer and his surety or sureties, or so much thereof as may be necessary for that purpose, after being advertised for at least three weeks in not less than three public places in the county or District where such real estate is situate, prior to the time of sale, may and shall be sold by the Marshal of such District or his Deputy ; and for all lands, tenements or hereditaments sold in pursuance of the authority aforesaid, the conveyance of the Marshals or their Deputies, executed in due form of law, shall give a valid title against all persons claiming under such delinquent officer, or his surety or sureties. And all moneys which may remain of the proceeds of such sales, after satisfying the said warrant of distress and paying the reasonable costs and charges of the sale, shall be returned to such delinquent officer or surety as the case may be. (Act May 15, 1820 ; 3 Stat, at L. 592, § 2.) Disbursing officers in the civil, military and naval departments of the government of the United States, and their sureties, are included in the provisions of the preceding section, and to the same extent, as if they had been described and enumerated in the said section. (Id. § 3.) If any person should consider himself aggrieved by any warrant issued under this act, he may prefer a bill of complaint to any District Judge of the United States, setting forth therein the nature and extent of GENERAL INFORMATION". 41 tlie injury of which he complains ; and thereupon the Judge aforesaid may, if in his opinion the case requires it, grant an injunction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires ; but no injunction shall issue till the party applying for the same shall give bond, and sufficient security, conditioned for the performance of such judgment as shall be awarded against the complainant, in such amount as the Judge granting the injunction shall prescribe ; nor shall the issuing of such injunction in any manner impair the lien produced by the issuing of such warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be necessary on the part of the United States ; and if, upon dissolving the injunction, it shall appear, to the satisfaction of the Judge who shall decide upon the same, that the application for the injunction was merely for delay, in addition to the lawful interest which shall be assessed on all sums which may be found due against the complainant, the said Judge is hereby authorized to add such damages as that, with the lawful interest, it shall not exceed the rate of ten per centum per annum on the principal sum. (Id. § 4.)_ ^ Such injunction may be granted or dissolved by such Judge, either in or out of court. (Id. § 5.) The above act does not apply to every commis- sioned officer of the army or navy, to whose hands any public money may be intrusted, but only to those regularly appointed disbursing officers, who may have given official bonds, with sureties, for the faithful per- 42 GENERAL INFORMATION. formance of their duties. {Ex parte Randolph, 2 Brock. Marsh. 448.) The warrant issued by the Solicitor of the Treasury- is conclusive evidence of the facts recited in it, and of the authority to make the levy, so far as to justify the Marshal in making it. {Murray's Lessee v. Hobo- ken Land and Lnprovemeni Co., 18 How. 272.) It is not inconsistent with the Constitution of the United States. (Ibid.) It is not recollected that in the Northern District of New York, any action has ever been had under the foregoing statute, and it is questionable whether any reference to such a summary mode of proceeding should here be made. But, as by the ninth section of the act it is provided that nothing in said act con- tained "shall be construed to take away or impair any right or remedy which the United States now have, by law, for the recovery of debts or demands," and as in the Northern District of New Yoi*k the practice has been, and now is, to institute an action on the bond of the delinquent officer, to recover the penalty thereof, it would seem that it is in the discre- tion of the Solicitor of the Treasury to issue a war- rant of distress, or to institute an ordinary action on the bond, for the recovery of the penalty. For form of the solicitor's warrant, see form No. 68. By reference to forms Nos. 55, 64 and 65, the Deputy Marshal will have no difficulty in making out the proper return. GENERAL INFORMATION. 43 SECTION VII. EXECUTION. Where it is now required by the laws of any State, that goods taken in execution on a writ of fieri facias shall be appraised previous to the sale thereof, it ,shall be lawful for the appraisers appointed under the authority of the State to appraise goods taken in execution on a fieri facias issued out of any court of the United States, in the same manner as if such writ had issued out of a court held under the authority of the State ; and it shall be the duty of the Marshal, in whose custody such goods may be, to Summon the appraisers in like manner as the sheriff is by the laws of the State required to summon them ; and the appraisers shall be entitled to the like fees as in cases of appraisement under the laws of the State ; and if the appraisers, being duly summoned, shall fail to attend and perform the duties required of them, the Marshal may proceed to sell such goods, without an appraisement. (Act March 2, 1793, 1 Stat, at L. 335, § 8.) ^ Writs of execution, and other final process issued on judgments and decrees rendered in any of the courts of the United States, and the proceedings thereupon, shall be the same, except their style, in each State respectively, as are now used in the courts of such State, saving to the courts of the United States in those States in which there are not courts of equity, with the ordinary equity jurisdiction, the 44 GENERAL INFORMATION. power of prescribing the mode of executing their decrees in equity, by rules of court : Provided, how- ever, that it shall be in the power of the courts, if they see fit, in their discretion, by rules of court, so far to alter final process in said courts as to conform the same to any change which may be adopted by the Legislatures of the respective States for the State courts. (Act May 19, 1828, 4 Stat, at L. 281, § 3.) Pursuant to the provisions contained in the fore- going section, the District Court for the Northern District of New York has heretofore made the follow- ing rule, viz. : " In all cases not provided for by the ruleg of this court, or by law, the practice of the Supreme Court of this State, as prescribed by the Revised Statutes of this State, and by the rules of the said court, shall regulate the practice of this court, so far as the same may be applicable." (Rule 83.) By Rule VI, of the 'Circuit Court for said District, the above rule has also been adopted by that court. From this it will readily be seen that the " Exemp- tion Laws" of the several States are applicable to executions issued out of the courts of the United States, there being no law of the United States on that subject. If property is seized under a fieri facias, before the return day of the writ, the Marshal may proceed to sell at any time afterwards, without any new process from the court : as a special return on the fieri facias is one of the necessary modes of proving the sale, the Marshal must be authorized to make the indorse- ment after the regular return term, in cases where GENERAL INFORMATION. 45 the sale was made afterwards. {Remington v. Linthi- cum, 14 Pet. 84.) All writs of execution upon any judgment obtained for the use of the United States, in any of the courts of the United States in one State, may run and be executed in any other State, or in any of the terri- tories of the United States, but shall be issued from, and made returnable to the court where the judgment was obtained, any law to the contrary notwithstand- ing. (Act March 3, 1797, 1 Stat, at L. 515, § 6.) All writs of execution, upon any judgment or de- cree, obtained in any of the District or Circuit Courts of the United States, in any one State, which shall have been, or may hereafter be, divided into two Judicial Districts, may run and be executed in any part of such State ; but shall be issued from, and made returnable to, the court where the judgment was obtained, any law to the contrary notwithstand- ing. (Act May 20, 1826 ; 4 Stat, at L. 184.) A Marshal's sale of land on execution, where the defendant had no interest in the land, will be set aside on motion. In such sale, there is no warranty by the defendant. The purchaser must understand what he buys. But where he has been deceived or misinformed, the court will release him by setting aside the sale. This is a proper mode of giving relief, if application be made before the sale shall be completed. {Rocksell V. ^//e/i, 3 McL. 357.) Whenever a Marshal shall sell any lands, tenements or hereditaments by virtue of process from a court of the United States, and shall die, or be removed from 46 GENERAL INFORMATION". office, or the term of his commission expires, before a deed shall be executed for the same by him to the purchaser ; in every such case, the purchaser or plaint- iff, at whose suit the sale was made, may apply to the court from which the process issued, and set forth the case, assigning the reason why the title was not perfected by the Marshal who sold the same ; and thereupon the court may order the Marshal for the time being to perfect the title and execute a deed to the purchaser, he paying the purchase-money and costs remaining unpaid ; and where a Marshal shall take in execution any lands, tenements or heredita- ments, and shall die, or be removed from office, or the term of his commission expires before sale, or other final disposition made of the same ; in every such case, the like process shall issue to the succeeding Marshal, and the same proceedings shall be had, as if such former Marshal had not died or been removed, or the term of his commission had not expired. (Act May 7, 1800, 2 Stat, at L. 61, § 3.) The two last clauses of the above section — in con- nection with the act of September 24, 1789 ; 1 Stat, at L. 87, § 28 (see page 74 ) — have given rise to various and conflicting decisions as to whether or not, in cases where a Marshal has made a levy, and shall die, or be removed from office, or the term of his com- mission expires before sale, he, or his Deputy, can lawfully proceed to sell the property. In the case of McFarland v. Gwin, 1845 (3 How. 720), Justice McKinley, in delivering the opinion of the court, said : " It is a well settled principle of law, that, if an execution come to the hands of a sheriff to be exe- GENERAL INFORMATION. 47 cuted, and his term of office expires before he executes it, he is bound nevertheless to complete the execution ; and the same rule applies to a Marshal. An execution is never completed until the money is made and paid over to the plaintiff, if it be practicable to make it." And in the case of Doolittle's Lessee v. Bryan, 1852 (14 How. 563), which was certified for decision from the Circuit Court for the District of Ohio, the Supreme Court there gave it as their opinion, " That a sale of land by a Marshal, on a venditioni exponas, after he is removed from office, and a new Marshal appointed and qualified, is not void." Justice Grrier delivered the opinion of the court, and remarked : " There is no express repeal of the act of 1789 to be found in this act of 1800. Nor does it contain any negative terms which are necessarily contrary to the previous affirmative act. A latter act is never construed to repeal a prior act unless there be a contrariety or repugnancy in them, or at least some notice taken of the former act so as to vindicate an intention to repeal it. The law does not favor a repeal by implication, unless the repugnance be quite plain ; hence it has been decided, that, although two acts of parliament be seemingly repugnant, yet, if there be no clause of non obstante in the latter, they shall, if possible, have such a construction that the latter may not be a repeal of the former by implication." * "The purview of the clause of the act of 1789, now in question, is to define the powers of a Marshal having process in his hands at the time he is removed or his office expires ; it authorizes him to execute pro- cess previously directed to him. The act of 1800 is 48 GENERAL USTFORMATIOlsr. evidently intended to confer rights on the parties to have the same acts performed by the new Marshal. It gives cumulative rights and powers for the benefit of suitors." It has, however, been decided that the Marshal cannot sell property after his removal from office or the expiration of his commission, even though a levy has been made. (See Boiverbank v. Morris, 1801, Wall. C. Ct. 118 ; Overton v. Gorham, 1841, 2 McL. 509 ; Steioart v. Hamilton, 1849, 4 id. 534 ; and U. S. V. Bank of Arkansas, 1846, Hempst. 460.) The opinions in favor of the sale by a Marshal on execution after his removal from office, or the expira- tion of his commission, it will be seen were given by the Supreme Court of the United States, while the decisions against it were rendered in several of the Circuit Courts. In conclusion, the law laid down in McFarland v. Gwin, and Doolittle's Lessee v. Bryan, are, as a matter of course, entitled to the greater consideration as eman- ating from the highest court of the Union ; and also from the further fact that the former case is the latest decision on the subject, and reviews in a general way all prior cases. It may, therefore, with safety be said that, when a Marshal shall be removed from office, or his commission expires, he may execute and return all process remaining in his hands at the time of his removal or the expiration of his commission ; and, in case he shall die, then that his Deputies may execute and return the same. And this includes the sale of property on execution, on which a levy has been made, as well as the service of all other process. GENERAL INFORMATIOK 49 SECTION VIII. EXTRADITION. By section 1, act of Aug. 12, 1848 (9 Stat, at L. 302, § 1), the Justices of the Supreme Court, and Judges of the several District Courts of the United States, and the Judges of the several State courts, and the Commissioners authorized so to do by any of the courts of the United States, are authorized to hear and decide cases under the act for the extradition of foreign criminals. Where a court of one of the States assumes to take, by habeas corpus, out of the hands of the Mar- shal of the United States, a person held by him as a fugitive from crime committed in a foreign country, and under reclamation by treaty, it is the right of the Marshal to refuse to have the body of the party be- fore the State court, and it is the duty of the courts and other authorities of the United States to protect the Marshal in such refusal by all means known to the law. (6 Op. Atty.-Gen. 237.) Where a Marshal of the United States has in cus- tody a fugitive from foreign justice, under warrant of extradition from the proper authorities of the United States, and a State court undertakes to usurp jurisdiction of the case, it is the duty of the Marshal, disregarding any process of the State court, to take the party to the exterior line of such State, and there deliver him to the agent of the foreign government (6 Op. Atty.-Gen. 290.) 50 GENERAL INFORMATIOK A person not conveyed out of the United States within two calendar months after commitment for extradition, over and above the time actually required to convey the prisoner from the jail to which he or she may have been committed, by the readiest way, out of the United States, it shall be lawful for any Judge of the United States, or of any State, upon application made to him, and upon proof that reason- able notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause shall be shown to such Judge why such discharge ought not to be ordered. (Act Aug. 1% 1848, 9 Stat, at L. 303, § 4.) The ordinary expenses attending the process of international extradition are to be defrayed by the demanding government. (7 Op. Atty.-Gren. 612, 396 ; 9 id. 497.) " Whenever any person who shall have been deliv- ered by any foreign government to an agent or agents of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transpor- tation and safe keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crime [s] or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a rea- sonable time thereafter. And it ehall be lawful for the President, or such person as he may empower GENERAL INFORMATION. 5] for that purpose, to employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe keeping and protection of the accused as aforesaid. " Section 2. And be it further enacted, That any per- son duly appointed as agent to receive in behalf of the United States the delivery by a foreign govern- ment of any person accused of crime committed within the jiirisdiction of the United States, and to convey him to the place of his trial, shall be, and hereby is, vested with all thq powers of a Marshal of the United States, in the several Districts 'through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for his safe keeping. " Section 3. And he it further enacted, That, if any person or persons shall knowingly and willfully ob^ struct, resist or oppose such agent in the execution of his duties, or shall rescue, or attempt to rescue, such prisoner, whether in the custody of the agent aforesaid, or of any Marshal, sheriff, jailer or other officer, or person to whom his custody may have law- fully been committed, every person so knowingly and willfully offending in the premises shall, on convic- tion thereof before the District or Circuit Court of the United States for the District in which the offense was committed, be fined not .exceeding one thousand dollars, and imprisoned not exceeding one year." (Act March 3, 1869, 3 Pamphlet Laws, 1868-9, 337.) 52 GENERAL INFORMATION. SECTION IX. PEES. . For Attorneys', Clerks', Marshals', Jurors', Witnesses' Printers and Commissioners' fees, see Appendix (A.) A Marshal of the United States is entitled to com- pensation for serving a subpoena in a criminal case on a witness beyond the limits of his own District^ and also for executing an attachment on the same witness for failing to appear. (9 Op. Atty.-Gren. 265.) Marshals are entitled to compensation for trans- porting witnesses in custody, though it be not men- tioned by the statute, by analogy of the statute com- pensation for the transportation of criminals. (6 Op. Atty.-Gen. 58.) Where a Marshal received, in due course of law, process of summons and subpoena for the same wit- nesses (it being the usual mode of procuring the attendance of witnesses in the court from which they issued), and served the same as required, he is entitled to his fees for both services, on their being allowed and certified by the District Judge. (3 Op. Atty.-Gen. 496.) " Before the accounts of the United States Mar- shals, District Attorneys and Clerks are presented to the accounting officers of the Treasury Department for settlement, they shall be examined and certified to by the District Judge of the United States in the District in which the officers presenting the accounts officiate, whether in the States or Territories, and the GENERAL INFORMATIOlSr. 53 same shall be subject to revision upon their merits by said accounting officers, as in case of other public accounts : Provided, however, that no accounts of fees or costs paid to any witness or juror, upon the order of any Judge or Commissioner, shall be so re-exam- ined as to charge any Marshal for an erroneous taxa- tion of such fees or costs." (Act Aug. 16, 1856, 11 Stat, at L. 49, § 1.) An appeal lies from the decision of the accounting officers to the Secretary of the Interior. (Id. § 4.) SECTION X. INDICTMENT. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases aris- ing in the land or naval forces, or in the militia, when in actual service, in time of war or public danger ; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.* (Art V. Amendments to United States Constitution.) Indictments for all offenses against the United States may be found indifferently, either in the Dis- trict or Circuit Court, and may, at the instance of the District Attorney, by order of the court having pos- session of them, be transmitted from the one court to the other for trial, except that all indictments for cap- ital offenses found in either court are triable only in the Circuit Court, whither it is made the duty of the 54 GENERAL INFORMATION. District Court to send all such indictments found therein. (Act Aug. 8, 1846; 9 Stat, at L. 72, §§ 2, 3.) No indictment shall be found, nor shall any pre- sentment be made, without the concurrence of at least twelve Grand Jurors. (Act March 3, 1865, 13 Stat, at L. 500, § 1.) Whenever there are or shall be several charges against any person or persons for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or trans- actions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments, the whole may be joined in one indicts ment in separate counts ; and if two or more indict- ments shall be found in such cases, the court may order them consolidated. (Act Feb. 26, 1853, 10 Stat, at L. 162.) SECTION XI INTEREST. On all judgments in civil cases, recovered in the Circuit or District Courts, interest is allowed, and may be levied by the Marshal, under process of exe- cution issued thereon, in all cases where, by the law of the State in which such Circuit or District Court shall be held, interest may be levied, under process of execution, on judgments recovered in the courts of such State, to be calculated from the date of the judg- ment, and at such rate per annum as is allowed by law on judgments recovered in the courts of such State. (Act Aug. 23, 1842, 5 Stat, at L. 518, § 8.) GENERAL INFORMATION. 55 SECTION XII IMPEISONMENT FOR DEBT. No person shall be imprisoned for debt in any State, on process issuing out of a court of tbe United States, where, by the laws of such State, imprisonment for debt has been abolished ; and where, by the laws of a State, imprisonment for debt shall be allowed, under certain conditions and restrictions, the same conditions and restrictions shall be applicable to the process issu- ing out of the courts of the United States ; and the same proceedings shall be had therein as are adopted in the courts of such State. (Act Feb. 28, 1839, 5 Stat, at L. 321, § 1.) The above provision is to be " so construed as to abolish imprisonment for debt on process issuing outi of any court of the United States, in all cases what- ever, where, by the laws of the State in which the court shall be held, imprisonment for debt has been, or shall hereafter be, abolished." (Act Jan. 14, 1841, 5 Stat. atL. 410,,§ 1.) Imprisonment for debt is abolished in all cases, where, by the laws of the State, it has been or shall be abolished, " upon similar or analogous process issu- ing from a State court ;" that is, if a defendant in the State courts is exempt from personal arrest and imprisonment on all process, whether mesije or final, in cases sounding in contract, then the defendant in admiralty will, in all such cases, be, in like manner, exempt. {The Kentucky, 4 Blatch. C. C. 450.) 56 GENERAL INFORMATION. "Whenever, upon mesne process or execution issuing out of any of the courts of the United States, any defendant therein is arrested or imprisoned, he shall be entitled to discharge from such arrest or imprison- ment in the same manner as if he was so arrested or imprisoned on like process of the State courts in the same District. And the same oath may be taken, and the same length of notice thereof shall be re- quired, as is provided by such State laws ; and all modifications, conditions and restrictions upon impris- onment for debt, now existing by the laws of any State, shall be applicable to process issuing out of the courts of the United States therein, and the same course of proceedings shall be adopted as now are or may be in the courts of such States. But all such proceedings shall be had before some one of the Com- missioners appointed by the United States Circuit Court to take bail and affidavits. (Act March 2, 1867, 14 Stat, at L. 543.) SECTION XIII. JAILS. On the 3d day of March, 1791 (1 Stat, at L. 225), after reciting that it had theretofore been recom- mended to the several States to pass laws making it expressly the duty of the keepers of their jails to receive and safe keep therein all prisoners committed under the authority of the United States ; and, in order to insure the administration of justice, Congress did thereupon resolve. GENERAL INFORMATION. 57 " That in case any State shall not have complied with the said recommendation, the Marshal in such State, under the direction of the Judge of the District, be authorized to hire a convenient place to serve as a temporary jail, and to make the necessary provision for the safe-keeping of prisoners committed under the authority of the United States, until permanent pro- vision shall be made by law for that purpose ; and the said Marshal shall be allowed his reasonable ex- penses incurred for the above purposes, to be paid out of the treasury of the United States." By a resolution passed March 3, 1821 (3 Stat, at L. 646), this provision was extended to all cases in which any State or States, having complied with the aforemen- tioned recommendation, " shall have withdrawn, or shall hereafter withdraw, either in whole or in part, the use of their jails for prisoners committed under the authority of the United States." And by a further provision of law it was enacted, " That in any State where the jails are not allowed to be used for the imprisonment of persons arrested or committed under the laws of the United States, or where houses are not allowed to be so used, it shall and may be lawful for any Marshal, under the direc- tion of the Judge of the United States for the proper District, to use other convenient places, within the limits of said State, and to make such other provision as he may deem expedient and necessary for that purpose." (Act March 2, 1833, 4 Stat, at L. 634, § 6.) All persons who have been, or who may hereafter be convicted of crime by any court of the United States (not military), the punishment whereof shall 58 GENERAL INFORMATION". be imprisonment, in a District or Territory where, at the time of such conviction, there may be no peni- tentiary or other prison suitable for the confinement of convicts of the United States, and available there- for, shall be confined during' the term for which they have been or may be sentenced, in some suitable prison in a convenient State or Territory to be desig- nated by the Secretary of the Interior, and shall be transported and delivered to the warden or keeper of the prison by the Marshal of the District or Territory where such conviction shall have occurred ; * * the reasonable actual expense of transportation, necessary subsistence and hire, and transportation of guards and the Marshal, * * only, to be paid by the Secretary of the Interior out of the judiciary fund : Provided, that if, in the opinion of the Secretary, the expense of transportation from any State or Terri- tory * * in which there is no penitentiary will exceed the cost of maintaining them in jail in the State or Territory * * during the period of their sentence, then it shall be lawful so to confine them therein for the period designated in their sentence. (Act May 12, 1864, 13 Stat, at L. 74, § 1.) SECTION XIV. JUDGMENTS. " That judgments and decrees hereafter rendered in the Circuit and District Courts of the United States, within any State, shall cease to be liens on real estate or chattels real in the same manner and at GENERAL INFORMATION. 59 » like periods as judgments and decrees of the courts of such State now cease by law to be liens thereon." (Act July 4, 1840, 5 Stat, at L. 393, § 4.) In all criminal cases in which there has been or shall be a judgment or sentence against any person, as a fine or penalty, whether alone or along with any other kind of punishment, the same shall be deemed a judgment debt, and (unless pardoned or remitted by the President) may be collected on execution in the common form of law. (Act Feb. 20, 1863, 12 Stat, at L. 657, § 2.) When a Sheriff first levies on personal property, under a State judgment, there is a prior lien, over a levy subsequently made on the sdme property by the Marshal. {Earl v. Raymond, 4 McL. 233.) A judgment against one of the partners of a firm, will authorize the sheriff or Marshal to levy on the interest of the judgment debtor in the goods. (U. S. v. B. O. Williams, id. 236.) SECTION XV. JUEIES. "Every Grand Jury impaneled before any Dis- trict or Circuit Court of the United States, to inquire into and presentment make of public offenses against the United States, committed or triable within the District for which the court is holden, shall consist of not less than sixteen and not exceeding twenty-three persons. If, of the persons summoned, less than six- teen attend, they shall be placed on the Grand Jury, 60 GENERAL INFORMATION. and the court shall order the Marshal to summon, either immediately or for a day fixed, from the body of the District, and not from the bystanders, a suffi- cient number of persons to complete the Grrand Jury. And whenever a challenge to an individual grand juror is allowed, and there are not other jurors in attendance, sufficient to complete the Grrand Jury, the court shall make a like order to the Marshal to sum- mon a sufficient number of persons for that purpose. No indictment shall be found, nor shall any present- ment be made, without the concurrence of at least twelve grand jurors. From the persons summoned and accepted as grand jurors, the court shall appoint the foreman, who shall have power to administer oaths and affirmations to witnesses appearing before the Grrand Jury." (Act March 3, 1865, 13 Stat, at L. 500, § 1.) When the ofPense charged be treason or a capital offense, the defendant shall be entitled to twenty and the United States to five peremptory challenges. On a trial for any other offense in which the right of peremptory challenge now exists, the defendant shall be entitled to ten and the United States to two peremptory challenges. All challenges, whether to the array or panel, or to individual jurors for cause or favor, shall be tried by the court without the aid of triers. (Id. § 2.) And in all trials in capital cases, if the party in- dicted shall peremptorily challenge above the number of jurors allowed by law, such excess of challenges shall be disallowed by the court, and the cause shall proceed for trial in the same manner as if the same GENERAL INFORMATION. 61 challenges had not been made. (Act March 3, 1835, 4 Stat, at L. 777, § 4) By an act entitled " An act to provide for the sum- mary trial of minor offenses against the laws of the United States," if the trial of a complaint for any offense therein mentioned be had before a jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers. (Act June 11, 1864, 13 Stat, at L. 125, §7.) In addition to the existing causes of disqualification and challenge of grand and p.etit jurors in the courts of the United States, the following are hereby declared and established, namely: Without duress and coercion to have taken up arms or to have joined any insurrec- tion and rebellion against the United States ; to have adhered to any rebellion, giving it aid and comfort ; to have given, directly or indirectly, any assistance, in money, arms, horses, clothes or anything what- ever, to or for the use or benefit of any person or persons whom the person giving such assistance knew to have joined, or to be about to join, any insurrection or rebellion, or to have resisted, or to be about to resist with force of arms, the execution of the laws of the United States, or who, he had igood ground to believe, had joined, or was about to join, any insur- rection or rebellion, or had resisted or was about to resist, with force of arms, the execution of the laws of the United States; and to have counseled and advised any person or persons to join any insurrection and rebellion, or to resist with force of arms the laws 62 GENERAL INFORMATION. of the United States. (Act June 17, 1862, 12 Stat, at L. 430, § 1.) Jurors to serve in the courts of the United States, in each State respectively, shall have the like quali- fications, and be entitled to the like exemptions, as jurors of the highest court of law of such State now have and are entitled to, and shall hereafter from ,time to time have and be entitled to ; and shall be designated by ballot, lot or otherwise, according to the mode, of forming such juries now practiced and hereafter to be practiced therein, in so far as such mode may be practicable by the courts of the United States, or the oflScers thereof ; and for this purpose the said courts shall have power to make all neces- sary rules and regulations for confoi'ming the desig- nation and impaneling of juries, in substance, to the laws and usages now in force in such State ; and fur- ther, shall have power, by rule or order, from time to time, to conform the same to any change in these respects which may be hereafter adopted by the Legislatures of the respective States for the State courts. (Act July 20, 1840, 5 Stat, at L. 394, § 1.) * * "And shall be returned, as there shall be occasion for them, from such parts of the District, from time to time, as the court shall direct, so as shall be most favorable to an impartial trial, and so as not to incur an unnecessary expense, or unduly to burden the citizens of any part of the District with such serv- ices. And writs of venire facias, when directed by the court, shall issue from the clerk's office, and shall be served and returned by the Marshal in his proper person or by his Deputy, or, in case the Marshal or GENERAL INFORMATION". 63 his Deputy is not an indifferent person, or is inter- ested in the event of the cause, by such fit person as the court shall specially appoint for that purpose, to whom they shall administer an oath or affirmation that he will truly and impartially serve and return such writ." * * * (Act Sept. 24, 1789, 1 Stat, at L. 88, § 29.) Jurors to serve in the courts of the United States shall be designated by lot or otherwise, in each State or District respectively, according to the mode of forming juries to serve in the highest courts of law therein now practiced ; so far as the same shall ren- der such designation, practicable by the courts and Marshals of the United States. (Act May 13, 1800, 2 Stat, at L, 82, § 1.) This provision of the law is in force in the State of PennsylvajQia only. On completing the panels, the Deputy Marshal should send a copy thereof to the clerk of the court for which they are drawn, and a copy of the list of grand jurors to the United States Attorney of his District. In the Northern District of New York the jurors are required to be summoned at least six days pre- vious to the holding of the court, by giving personal notice to each person, or by leaving a written notice at his place of residence, with some person of suit- able age. (See form No, 43.) 64 GENERAL INFORMATION. SECTION XVI LIMITATION. " No person shall be prosecuted, tried, or punished for the capital offenses [treason, murder, piracy, and casting away vessels] set forth in the act to which this act is in addition (act April 30, 1790, 1 Stat, at L. 119, § 32; act March 26, 1804, 2 Stat, at L. 290, §§ 1, 2), unless the indictment for the same is found by a grand jury within five years after such capital offense is committed." (Act July 25, 1868, 2 Pamphlet Laws, 1867-8, 183, § 1.) " This act shall take effect from and after its pas- sage, and its provisions shall be applicable equally to offenses committed "within three years before and offenses committed after its passage. (Id. § 2.) * * " Nor shall any person be prosecuted, tried or punished for any offense not capital, * * unless the indictment * * for the same shall be found or insti- tuted within two years from the time of committing the offense. * * Provided, that nothing herein con- tained shall extend to any person or persons fleeing from justice." (Act April 30, 1790, 1 Stat, at L. 119. ^32.) No suit or prosecution shall be maintained for any penalty or forfeiture, pecuniary or otherwise, accruing under the laws of the United States, unless the same suit or prosecution shall be commenced within five years from the time when the penalty or forfeiture accrued. Provided, the person of the offender or the GENERAL INFORMATION. 65 property liable for such penalty or forfeiture shall, within the same period, be found within the United States, so that the proper process may be instituted and served against such person or property therefor. (Act Feb. 28, 1839, 5 Stat, at L. 322, § 4.) "That the time for finding indictments in the courts of the United States in the late rebel States for offenses cognizable by said courts, and which may have been committed since said States went into rebellion, be, and hereby is, extended for the period of two years from and after [the time when] said States are or may be restored to representation in Congress : Provided, however, that the provisions hereof shall not apply to treason or other political offenses." (Act March 3, 1869, 3 Pamphlet Laws 1868-9, 340.) " No suit or prosecution, civil or criminal, shall be maintained for any arrest or imprisonment made, or other trespasses or wrongs done or committed, or act Omitted to be done, at any time duping the present rebellion, by virtue or under color of any authority derived from or exercised by or under the President of the United States, or by or under any act of Con- gress, unless the same shall have been commenced within two years next after such arrest, imprison- ment, trespass or wrong may have been done or committed, or act may have been omitted to be done : Provided, that in no case shall the limitation herein provided commence to run until the passage of this act, so that no party shall, by virtue of this act, be debarred of his remedy by suit or prosecution until two years from and after the passage of this act." (Act March 3, 1863, 12 Stat, at L. 757, § 7.) 66 GENERAL INFORMATION. Whenever, during the existence of the present rebiellion, any action, civil or criminal, shall accrue against any person who, by reason of resistance to the execution of the laws of the United States, or the interruption of the ordinary course of judicial proceedings, cannot be served with process for the commencement of such action or the arrest of such person, or whenever, after such action, civil or crim- inal, shall have accrued, such person cannot, by reason of such resistance of the laws or such inter- ruption of judicial proceedings,' be arrested or served with process for the commencement of the action, the time during which such person shall so be beyond the reach of legal process shall not be deemed or taken as any part of the time limited by law for the commencement of such action. (Act June 11, 1864, 13 Stat, at L. 123.) All suits on Marshals' bonds, if the right of action has already accrued, shall be commenced and prose- cuted within three years after the passage of this act, and not afterwards. And all such suits, in case the right of action shall accrue hereafter, shall be com- menced and prosecuted within six years after the said right of action shall have accrued, and not after- wards ; saving, nevertheless, the rights of infants, feme coverts and persons non compos mentis, so that they sue within three years after their disabilities are removed. (Act April 10, 1806, 2 Stat, at L. 374, § 4.) " That the time fixed for the limitation of suits against the sureties of postmasters, by the third sec- tion of the act of Congress, entitled, ' An act to reduce into one the several acts establishing and regulating GENERAL INFORMATIOK 67 tlie Post-office Department,' approved March third, one thousand eight hundred and twenty-five, shall not be considered as running in any State, or part thereof, the inhabitants whereof have been by proclamation of the President declared in a state of insurrection, during the time the insurrection shall continue." (Act July 11, 1862, 12 Stat, at L. 530, § 1.) The time fixed for the limitation of suits a-gainst the sureties of postmasters, by the third Section of the act of Congress, approved March 3, 1825, above referred to, is repealed by section 16 of the act. of July 27, 1868 (2 Pamphlet Laws, 1867-8, 197) ; and in and by which it is provided, that nothing therein contained shall repeal any of the provisions of the act approved July 11, 1862 (12 Stat, at L. 530), en- titled, " An act in relation to the Post-office Depart- ment." If on the final settlement of the account of any postmaster it shall appear that such postmaster is indebted to the United States, and suit shall not be instituted within three years after the close of such account, then, and in that case, the sureties on the bond of such postmaster shall not be liable to the United States. (Act July 27, 1868, 2 Pamphlet Laws, 1867-8, 197, § 17.) Proceedings for the punishment of certain frauds committed by persons in the military or naval serv- ice, or by civilians — in presenting fictitious claims against the United States or any department or officer thereof, and making false vouchers, etc., etc. — are to be " commenced within six years from the doing or committing of the act, and not afterwards." (Act March 3, 1863, 12 Stat, at L. 698, § 7.) 68 GENERAL INFORMATION. SECTION XVII. NAME. The law knows of but one Christian name, and the omission or insertion of the middle name, or of the initial letter of that name, is not material. {Games v. Stiles, 14 Pet. 322.) Affix " Jr." not an essential part of a name. {Clark V. Gilbert, Burn. (Wis.) 207.) SECTION XVIII. OATHS. In all cases in which, under the laws of the United States, oaths or affirmations or acknowledgments may now be taken or made before any justice or justices of the peace of any State or Territory, such oaths, affirma- tions or acknowledgments may be hereafter also taken or made by or before any notary public duly appointed in any State or Territory ; and when certi- fied under the hand and official seal of such notary, shall have the same force and effect as if taken or made by or before such justice or justices of the peace : * * Provided always, that on any trial for either of these offenses [perjury or subornation of perjury], the seal and signature of the notary shall not be deemed sufficient in themselves to establish the official char- acter of such notary, but the same shall be shown by GENERAL INFORMATION. 69 other and proper evidence. (Act Sept. 16, 1850, 9 Stat, at L. 458, § 1.) That all the powers and authority conferred in and by the preceding section of this act upon notaries public be and the same are hereby vested in, and may be exer- cised by, any Commissioner appointed, or hereafter to be appointed, by any Circuit Court of the United States, under any act of Congress authorizing' the appointment of Commissioners to take bail, affidavits or depositions, in causes pending in the courts of the United States. (Id. § 2.) ' By a resolution passed on the tenth day of April, A. D. 1869, Congress resolved, "That any officer or clerk of any of the executive departments of the gov- ernment, who shall be lawfully detailed to investigate frauds, or attempts to defraud, on the government, or any irregularity or misconduct of any officer or agent of the United States, shall have power to administer oaths to affidavits taken in the course of any such investigation." (See 1 Pamphlet Laws, 1869, p. 55, § 2.) See " Affidavits and Depositions." SECTION XIX. PAEDON. The President alone has power to grant reprieves and pardons for offenses against the United States except in cases of impeachment. (U. S. Const, art. 11, § 2.) In order to obtain the pardon of a person under sentence of imprisonment, a petition for that purpose, 70 GENERAL INFORMATION. accompanied by any other additional papers or affi- davits as may be deemed necessary, should be for- warded to the President. The petition should, among other things, set forth the nature of the crime of which the prisoner has been convicted ; at what term of the court he was convicted ; for what period of time he was sentenced ; and to what prison or peni- tentiary. The petition is usually referred by the President to the Attorney-General, by whom it is forwarded to the Attorney of the United States for the pistrict wherein the prisoner was convicted, for a report of the facts in the case, with his opinion thereon. On receiving the report of the District Attorney, the Attorney-Greneral submits the same to the President, by whom (if he so decides) a warrant of pardon is issued to the Marshal of the United States for the District wherein the prisoner is confined, — who com- municates the same to the keeper of the prison. If the prisoner serves the full term of his sentence, without being pardoned, he is, of course, di vested of his citizenship. He may, however, be restored to the full rights of a citizen on petition to the President for that purpose, and showing by proper proof that he is worthy of being so restored. " That (to remove doubts as to the true meaning of former laws), hereafter, whenever by the judgment of any court or judicial officer of the United States, in any criminal proceeding, any person shall be sen- tenced, or shall have been sentenced heretofore, to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discre- tionary power to pardon or remit, in whole or in part. GENERAL INFORMATION. 71 either one of the two kinds, without in any manner impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted." (Act. Feb. 20, 1863, 12 Stat, at L. 656, § 1.) SECTION XX. POWERS, DUTIES AND LIABILITIES OF MARSHALS. The Deputy of the Marshal is a sworn officer, known to the law, and he may return, according to the general practice, as Deputy, the process served by him. {Spafford v. Goodell, 3 McL. 97.) The Deputy Marshal is an officer of the District Court, amenable to its jurisdiction for malfeasance in office ; and this jurisdiction may be exercised by summary order or attachment for contempt. {Bark " Laurens" 1 Abb. Adm. 508.) A Deputy of a Marshal of the United States is an officer of the United States, authorized to serve pro- cess, within the meaning of section 22, act of Con- gress, approved April 30, 1790 (1 Stat, at L. 117), which imposes a penalty on any person or persons who shall " knowingly and willfully obstruct, resist or oppose any officer of the United States, in serving or attempting to serve or execute any mesne pro- cessj or warrant, or any rule or order of any of the courts of the United States, or any other legal or judicial writ or process whatsoever." {U. 8. v. Tinkle- paugh, 3 Blatch. C. C. 426.) : "The Marshals of the several Districts of the United States, and their Deputies, shall have the 72 GENERAL INFOEMATION. same powers in executing tlie laws of the United States as Sherififs and their deputies in the several States have by law, in executing the laws of the respective States." (Act July 29, 1861, 12 Stat, at L. 282, § 7.) A Marshal of the United States, when, opposed in the execution of his duty by unlawful combinations, has authority to summon the entire able-bodied force of his precinct as a posse comitatus. (6 Op. Atty.-Gen. 466.) This authority comprehends not only" bystanders and other citizens generally, but any and all organized armed forces, whether militia of the State, or officers, soldiers, sailors and marines of the United States. (Id.) If a debtor committed to jail under process from the courts of the United States escape, the Marshal is not liable. {Randolph v. Donaldson, 9 Cranch, 85.) The act of Congress has limited the responsibility of the Marshal to his own acts and the acts of his Dep- uties. The kefeper of a State jail is neither in fact nor in law the Deputy of the Marshal. He is not appointed by nor removable at the will of the Mar- shal. When a prisoner is regularly committed to a State jail by the Marshal, he is no longer in the cus- tody of the Marshal nor controllable by him. (Ibid.) Where a Deputy Marshal receives money on a judgment, after he has returned the execution, he may be attached on a neglect to pay over the amount in pursuance of the order of the court. The Marshal is responsible for the acts of his Dep- uty done in the line of his duty. But when the Deputy does not so act, the Marshal is not responsible. GENERAL INFORMATION. 73 The Deputy is an officer of the Circuit Court, and may be held responsible as such. {Bagley v. Yates 8f Prentiss, 3 McL. 465.) The service of a summons by a Deputy Marshal, the day after the new Marshal has filed his bond and taken the oath, the process having before been in the hands of the Deputy, is good. {Stewart v. Hamilton, 4 McL. 534.) By act of Congress, approved June 21, 1860 (12 Stat, at L. 69, § 1), it is provided that " whenever any Marshal, Deputy Marshal or other ministerial officer, shall have in his custody any prisoner by virtue of process issued under the laws of the United States by any court. Judge or Commissioner, and such Marshal, Deputy Marshal or other ministerial officer, shall vol- untarily suffer such prisoner to escape, the officer so offending shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any District or Circuit Court of the United States, shall be fined or impris- oned, or both, according to the discretion of the court in which such conviction shall take place, having respect to the nature of tTie crime with which the escaped prisoner shall have been charged, in a sum not exceeding two thousand dollars, and for a term not exceeding two years. This act shall be taken and construed to apply not only to cases in which the prisoner who escaped was charged or found guilty of an offense against the laws of the United States, but also to cases in which a prisoner may be in custody, charged with offenses against any foreign government with whom the United States have treaties of extradi- tion." 10 74 GENERAL INFORMATION. The Marshal, in his official capacity, has no authority to do any act that shall expressly or impliedly bind any one by warranty. If he steps aside from his official duty, and does what the law has given him no authority to do, he may make himself personally responsible, and the injured party must look to him for redress. The same principle is applicable to any representations of his agent the auctioneer. (^The Monte Allegre, 9 Wheat. 616.) The removal of a United States Marshal may be either express, by notice of an order of removal, or implied, by the appointment of another person to the same office. But, in either case, the removal is not completely effected until notice is actually received by the officer removed. His acts, done before such notice, are valid. {Bowerbank v. Morris, Wall. C. Ct. 118.) " In case of the death of any Marshal, his Deputy or Deputies shall continue in office, unless otherwise specially removed ; and shall execute [all writs and precepts] in the name of the deceased, until another Marshal shall be appointed and sworn : And the defaults or misfeasances in office of such Deputy or 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 ex- ecutor or administrator of the deceased Marshal shall have like remedy for the defaults and misfeasances in office of such Deputy or Deputies during such interval, as they would be entitled to if the Marshal had con- tinued in life and the exercise of his said office, until his successor was appointed, and sworn or affirmed : GENERAL INFOEMATIOlSr. 75 And every Marshal or his Deputy when removed from office, or when the term for which the Marshal is appointed shall expire, shall have power, notwith- standing, 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." (Act Sept. 24, 1789, 1 Stat, at L. 87, § 28.) A Marshal appointed while such District covered the entire State, continued in office, after the State was divided, as Marshal of both Districts, and his bail continued liable for his acts. (5 Op. Atty.-Gen. 96.) Where a writ of capias ad respondendum comes to the hands of a Deputy Marshal, who arrests the debtor, and the debtor thereupon pays to the Deputy the amount of the debt for which he was sued, and the officer discharges the debtor from custody, and returns the writ " debt and costs satisfied," this is not an official act which binds his principal. The Deputy Marshal is a mere ministerial officer, and he has no right to adjust the debt, and make himself responsible to the plaintiff. He is bound to pursue the mandate of the writ, and that requires him to arrest the debtor and take bail. (Z7. S. v. Moore, 2 Brock. Marsh. 317.) If the plaintiff has received the debt and costs, the Marshal cannot detain the defendant upon a ca. sa. for •the poundage. {Causin v. Chubb, 1 Cranch C. Ct. 267.) 76 GENERAL INFORMATION. When a writ of habeas corpus is served on a Mar- shal or other person having a prisoner in custody under the authority of the United States, it is his duty, by a proper return, to make known to the State Judge or court the authority by which he holds such prisoner. But it is his duty, at the same time, not to obey the State process, but to execute that of the United States. (Ableman v. Booth, 21 How. 506.) As to the liability of an officer, all writs and pro- cess of the courts may be divided into two classes : 1. Those which point out specifically the property or thing to be seized. 2. Those which command the officer to make or levy certain sums of money, out of property of a party named. In the first class the officer has no discretion, but must do precisely what he is commanded. Therefore, if the court had jurisdiction to issue the writ, it is a protection to the officer in all courts. But in the second class the officer must determine for himself whether the property which he proposes to seize under the process is legally liable to be so taken, and the court can afford him no protection against the consequences of an erroneous exercise of his judg- ment in that determination. He is liable to suit for injuries growing out of such mistakes, in any court of competent jurisdiction. {Buck v. Colbath, 3 Wall. 334.) GENERAL INFORMATION. 77 SECTION XXI. PEISONEKS. No writ sliall be necessary to bring into coiort any prisoner or person in custody, or for remanding him from the court into custody ; but tbe same shall be done on the order of the court or District Attorney, for which no fee shall be charged by the Clerk or Marshal. (Act Feb. 26, 1853, 10 Stat, at L. 169, § 3.) When a prisoner is regularly committed to a State jail by the Marshal, he is no longer in the custody of the Marshal, nor controllable by him. The Mar- shal has no authority to command or direct the keeper in respect to the nature of the imprisonment. {Randolph v. Donaldson, 9 Cranch, 85.) " Whenever any criminal, convieted of any offense against the United States, shall be imprisoned, in pur- suance of such conviction and of the sentence there- upon, in the prison or penitentiary of any State or Territory, such criminal shall, in all respects, be subject to the same discipline and treatment as convicts sen- tenced by the courts of the State or Territory in which such prison or penitentiary is situated ; and while so confined therein, shall also be exclusively under the control of the officers having charge of the same, under the laws of the said State or Territory." (Act June 30, 1834, 4 Stat, at L. 739.) " In every case where any person convicted of any offense agaiiist the United States shall be sentenced' to imprisonment for a period longer than one year, it 78 GENERAL INFORMATION. shall be lawful for tlie court by which the sentence is passed, to order the same to be executed in any State prison or penitenltiary within the District or State where such court is held, the use of which prison or penitentiary is allowed by the Legislature of such State for such purposes ; and the expenses attendant upon the execution of such sentence shall be paid by the United States." (Act March 3, 1865, 13 Stat, at L. 500, § 3.) " Juvenile offenders against the laws of the United States, being under the age of sixteen years, and who may hereafter be convicted of crime by any court of the United States, the punishment whereof shall be imprisonment, shall be confined, during the term of sentence, in some house of refuge, to be desig- nated by the Secretary of the Interior, and shall be transported and delivered to the warden or keeper of such house of refuge by the Marshal of the District where such shall have occurred." (Act March 3, 1865, 13 Stat, at L. 538, § 1.) Whenever a prisoner is committed to a Sheriff or jailor by virtue of a writ, warrant or mittimus, a copy thereof shall be delivered to the Sheriff or jailor, as his authority to hold the prisoner, and the original writ, warrant or mittimus shall be returned to the proper court or officer, with the officer's return thereon. (Act Feb. 26, 1853, 10 Stat, at L. 163.) Convicts under the laws of the United States, con- fined in any State prison or penitentiary in execution of the judgment or sentence upon such conviction, who so conduct themselves that no charge for mis- conduct shall be sustained against them, shall have a GENERAL INFORMATION. 79 deduction of one month in eacli year made from the term of their sentence, and shall be entitled to their discharge so much the sooner, upon the certificate of the warden or keeper of such prison or penitentiary, with the approval of the Secretary of the Interior, (Act March 2, 1867, 14 Stat, at L. 424.) SECTION XXII. PROCESS. Process returnable forthwith, should be executed within twenty-four hours. Process may be served in any part of the District in which it is issued, and the service may be made either by the Marshal, by his general Deputy, or by a special Deputy or Bailiff constituted for that pur- pose by the Marshal. Whenever two or more charges are or shall be made, or two or more indictments shall be found, against a person, only one writ or warrant shall be necessary to arrest and commit him for trial ; and it shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them in very general terms. Only one writ or warrant shall be necessary to remove a prisoner from one District to another; a copy of which may be de- livered to the Sheriff or jailor from whose custody the prisoner may be taken, and another copy thereof to the Sheriff or jailor to whose custody he may be committed, and the original writ, with the Marshal's 80 GENERAL INFORMATION". return thereon, shall be returned to the clerk of the District to which he may be removed. (Act Feb. 26, 1853, 10 Stat, at L. 162.) 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 is hereby authorized to exe- cute and return the same. (Act Sept. 24, 1789, 1 Stat, at L. 87, § 28.) The courts of the United States, and those of a State, have concurrent jurisdiction in many cases ; and where persons or property are liable to seizure or arrest by the process of both, that which first attached has the preference. Where a person is properly in custody under State authority, the Circuit Court has no authority to take the accused by habeas corpus from such custody. Nor has a State court authority to remove a defendant from the custody of a court of the United States. {JJ. S. V. Rector, 5 McLean, 174; 6 Op. Atty.-Gren. 713.) In equity, when husband and wife are co-defend- ants, service upon the husband alone is good service of a writ of subpoena. {Robinson v. CatJicart, 2 Cranch C. C. 590.) GENERAL INFORMATION. 81 SECTION XXIII. SEIZURE CASES. These are either of Admiralty or Common Law jurisdiction. The first embrace all cases of seizure on water, and are commenced by the filing of a liihel, when the suit is between private parties, and of a Liihel of Information, when proceedings are instituted on the part of the Government. The latter include all seizures of property on land, generally by officers of the revenue, and are commenced by the filing of an Information. Actions in Admiralty are either in rem (against the thing), or in personam (against the person). The party bringing the suit is called the Lihellant. The person claiming the property is called the Claimant ; and he against whom an action is brought is called the Respondent. While in actions at Common Law, the person who institutes the action is called the Plaintiff; the person claiming the property is called the Claimant ; and he against whom an action is brought is called the De- fendant. The officers of court by whom proceedings in ad- miralty are conducted in behalf of suitors, are called Proctors and Advocates ; which terms are equivalent to Attorneys and Counselors at Common Law, and to Solicitors and Counselors in Equity. On making a seizure, the Marshal is required to give notice thereof by publication " in some news- 11 82 GENERAL INFORMATION. paper published near the place of seizure, and also by posting up the same in the most public manner, for the space of fourteen days, at or near the place of trial ; for which advertisement a sum not exceed- ing ten dollars shall be paid." (Act March 2, 1799, 1 Stat, at L. 695, § 89.) He is also required to give at least fifteen days' notice (except in case of perishable goods) of the time and place of sale of property, by publication " in one or more of the public newspapers of the place where such sale shall be ; or, if no paper is published in such place, in one or more of the papers published in the nearest place thereto ; for which ad- vertising a sum not exceeding five dollars shall be paid." (Act March 2, 1799, 1 Stat, at L. 696, § 90.) Under the act of Congress, of March 2, 1799 (1 Stat, at L. 696, § 90), the notices of sale in cases of condemnation under the act must be published every day for fifteen days in the newspapers directed by the act. {The Hornet, 1 Abb. Adm. 57.) In seizure cases the Deputy Marshal is very often required to place a person in charge of the property seized. But before doing so, he should agree on the amount to be paid for such service, which must not exceed the rate and sum of two dollars and fifty cents per day. On discharging such person, the Deputy should pay him the amount due and take duplicate vouchers therefor — one of which he should transmit to the Marshal, and the other retain. If the amount so paid exceeds fifty cents per day, the bills should be sworn to. (See forms 9 and 19.) " Whenever two or more things belonging to the same person or persons are or shall be seized for an GEMERAL INFORMATIO'N'. 83 alleged violation of the revenue laws, the whole shall be included in one suit ; and if not so included, and separate actions are prosecuted, the court may con- solidate them." (Act Feb. 26, 1853, 10 Stat, at L. 162.) At the March Term, 1869, of the United States District Court for the Northern District of New York, held at Utica, an order was made in reference to the publication of Marshal's notices, a copy of which will be found in Appendix (B). On completing a sale of property, the Deputy should obtain and forward to the Marshal proper vouchers for all disbursements made, together with the warrant under which the sale was had, with his proper return indorsed thereon, and also the amount realized from such sale. SECTION XXIV. SUBPOENAS AND WITNESSES. Subpoenas for witnesses who may be required to attend a court of the United States, in any District thereof, may run into any other District : Provided, that in civil causes, the witnesses living out of the District in which the court is holden, do not live at a greater distance than one hundred miles from the place of holding the same. (Act March 2, 1793, 1 Stat, at L. 335, § 6.) Whenever any indictment shall be pending in any court of the United States, and any defendant thereto shall make an affidavit setting forth that there are 84 GENERAL INFORMATION. witnesses whose evidence is material to his defense, and that he cannot safely go to trial without them, what he expects to prove by each of them, that they are in the District in which the court is held, or within one hundred miles of the place of trial, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses,' the court in term, or any judge thereof in vacation, may, if it appear proper to do so, order that such witnesses be subpoenaed; if found within the limits aforesaid ; and in such case the costs incurred by such process and the fees of such witnesses shall be paid in the same manner that similar costs and fees are paid iii case of witnesses sabpoenaed in behalf of the United States. (Act Aug. 8, 1846, 9 Stat, at L. 74 § 11.) In the courts of the United States there shall be no exclusion of any witness on account of color, nor in civil actions because he is a party to, or interested in, the issue tried. (Act July 2, 1864, 13 Stat, at L. 3.51, § 3.) No officer of the United States, who is in attend- ance upon any court of the United States, in the dis- charge of the duties of said office, shall receive any pay or compensation for his attendance as a witness on behalf of the government, at the same time that he receives compensation as such officer. (Act July 21, 1852, 10 Stat, at L. 22, § 1.) " In no case shall the fees of more than four wit- nesses be taxed against the United States in the examination of criminal cases before the Commis- sioners of the United States Circuit Courts, unless their materiality and importance shall first be ap- proved and certified to by the United States District GENERAL INFORMATION. 85 Attorney for the District in whicli the examination shall take place, subject to revision, as in other cases." (Act Aug. 16, 1856, 11 Stat, at L. 49, § 3.) No officer of the United States courts, including the bailiffs, guards, or deputies of the United States Marshals, whether in the States, Territories, or District of Colvimbia, shall be entitled to witness fees, either before a court or commissioners where he is offici- ating. (Id. § 8.) In all hearings before any justice or judge of the United States, or any Commissioner of the Circuit Court, where the crime or offense is charged to have been committed on the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States, it is lawful for such justice, judge or commis- sioner, in his discretion, to require a recognizance of any witness produced in behalf of the accused, with such surety or sureties as he may judge necessary, as well as in behalf of the United States, for their appearing and giving testimony, at the trial of the cause, whose testimony, in his opinion, is important for the purposes of justice at the trial of the cause, and is in danger of being otherwise lost ; and such witnesses shall be entitled to receive from the United States the usual compensation allowed to government witnesses for their detention and attendance, if they shall appear and be ready to give testimony at the trial. (Act Aug. 23, 1842, 5 Stat, at L. 517, § 2.) On the application of any attorney of the United States for any District, and upon satisfactory proof of the materiality of the testimony of any person who shall be a competent witness, and whose testimony 86 GENERAL INFORMATION. shall, in the opinion of any judge of tlie United States, be necessary upon the trial of any criminal cause or proceeding in which the United States shall be a party or interested, any such Judge may compel such person, so required or deemed by him necessary as a witness, to give recognizance, with or without sureties, in his discretion, to appear on the trial of said cause or proceeding and give his testimony therein ; and for that purpose, the said Judge may issue a warrant against such -person, under his hand, with or without seal, directed to the Marshal or other officer authorized to execute civil or criminal process in behalf of the United States, to arrest such person and carry him before such Judge. And in case the person so arrested shall neglect or refuse to give said recognizance in the manner required by said Judge, the said Judge may issue a warrant of commitment against such person, which shall be delivered to said officer, whose duty it shall be to convey such person to the prison mentioned in said mittimus. And the said person shall remain in confinement until he shall be removed to the court for the purpose of giving his testimony, or until he shall have given the recogniz- ance required by said Judge. (Act Aug. 8, 1846, 9 Stat, at L. 73, § 7.) "Witnesses who are required to attend any term of the court on the part of the United States, shall be subpoenaed to attend to testify generally on their behalf, and not depart the court without leave of the court or District Attorney, under which it shall be their duty to appear before the Grand Jury or Petit Jury, or both, as they shall be required by the court GENERAL INFORMATION. 87 or District Attorney." (Act February 26, 1853, 10 Stat, at L. 169, § 3.) When a witness is detained in prison for want of security for his appearance, he shall be entitled to a compensation of one dollar per day over and above his subsistence. (Id. p. 167.) When a Clerk, or other officer of the United States, shall be isent away from his place of business as a witness for the Grovemment, either with or without papers or books, his salary shall continue ; his neces- sary expenses, stated in items and sworn to, in going, returning, and attendance on the court, shall be audited and paid, but no mileage nor other compen- sation shall in any case be allowed. (Id.) There shall be paid to such seamen or other per- son, as has been or shall be sent to the United States, from any foreign port, station, sea, or ocean, by any United States Minister, ChargS d' Affaires, Consul, Commander, or Captain, to give testimony in any criminal case, which has been or may be depending in any court of the United States, such compensation as the (iourt which had or shall have cognizance of the crime, shall adjudge to be right and proper, not to exceed one dollar for each day the said seaman or person has been or shall be necessarily on the voyage, and arriving at the place of examination or trial, ex- clusive of sustenance or transportation ; the court to take into consideration, in fixing said compensation, the condition of said seaman or witness ; whether his voyage has been broken up, to his injury, by his being sent to the United States, or not. If said seaman or person has been or shall be trans- ported in an armed vessel of the United States, no 88 GENERAL INFORMATION. charge for sustenance or transportation shall be made ; if in any other vessel, the court may adjudge what compensation shall be paid to the captain of said vessel, and the same shall be paid accordingly : Provided, that in no case shall transportation and sub- sistence be allowed at a rate exceeding fifty cents per diem. (Id.) By section 2, act March 2, 1855 (10 Stat, at L. 630), Commissioners of the Circuit Court have power to compel witnesses to appear and depose to Letters Rogatory addressed from any court of a foreign gov- ernment. PART II. FORMS FOR RETURNS IN INFORMATION SUITS'. 12 PART II. FORMS FOR RETURNS IN INFORMATION SUITS. No. 1. Kbtuen to Attachment. Property seized and in custody. In obedience to the within writ, I did, on the day of , A. D. 18 , at , in my District, seize and attach the within mentioned property [if the whole of the property is not attached, here say, " except "], and now have the same in my custody and possession at aforesaid ; and I have duly cited all persons to appear and assert their claims as I am within commanded. Dated , If. S. Marshal, by ' , Deputy. Service, $ Travel, miles, at c. per mile. 92 FORMS FOR RETURNS IN No. 2. Eettjeh- to Attachment. Property seized and released hy order of Court. In obedience to the within writ, I did, on the day of , A. D. 18 , at , in my District, seize and attach the within mentioned property [if the whole of the property is not attached, here say, " except "], and I have duly cited all persons to appear and assert their claims, as I am within commanded. Subse- quently, having received the annexed certified copy of an order of this court, directing the release of said property, I did thereupon immediately release the same. Dated , IT. S. Marshal, by J Dejputy. Service, $ Travel, miles, at c. per mile, % Discharging property, % No. 3. Retuen to Attachment. Property not found. I certify that, after diligent search, I am unable to find the within described property, or any part thereof, within my District. Dated , TJ. S. Marshal, by , Deputy. INFORMATION SUITS. 93 No. 4. Maeshal's Notice of Seizuee. No. . \lixternaV\ Revenue Seizure — MarshaVs Notice. United States of America, \ DiSTEICT OF . j ^^' Whereas [an informatioB, or a libel of inforination], hath been filed in the District Court of the United States of America, for the District of , on the day of , in the year of our Lord, one thousand eight hundred and , by , Esquire, United States Attorney, in behalf of the United States of America, against [here specify the property proceeded against], stating that the same were, on the day of , by , Esquire, Collector of for the ■ District of , seized as forfeited to the use of the said United States ; and further stating and alleging that the said forfeiture was incurred by reason of [here state the cause of the seizure], and for other reasons, as will more fully appear by reference to the said [informa- tion, or libel of information] on file with the Clerk of said court, at , and praying the usual process and monition of the said court, that all persons interested in the said property above mentioned and described, etc., etc., may be cited to answer the premises, and all due proceedings being had, that the same may be condemned and sold, and the proceeds thereof be distributed according to law : There- fore, in pursuance of the said monition, under the seal of the said court, to me directed and delivered, I do hereby give notice unto all persons generally, having or pretending to have any right, title or interest therein, to appear before the aforesaid court, in the city of , on the day of next, if it be a court day, or else on the next court day thereafter, at ten o'clock in the forenoon, 94 FORMS FOR RETURNS IN then and there to answer the said [information, or libel of information], and to make their allegations in that behalf. Dated at , the day of , in the year of our Lord one thousand eight hundred and , ZT". S. Marshal, by , D&pviby. , TJ. 8. Attorney. No. 5. EeTUEN to "WAEEAIirT OF MoNITION, ISSUED WHEEE THE PEOP- EETT HAS BEEN EELEASED ON BoND BY AN InTEENAL REVE- NUE Ohficee. In obedience to the within writ, I have summoned and given notice to the several persons therein named, as follows [here insert the mode of service, which should be made in either of the following ways] : 1. To [John Doe], on the day of j 18 , at , in my District, by [" personally showing him the said writ, and leaving with him a copy thereof"]. 2. To [Richard Roe], on the day of j 18 , at , in my District, by [" leaving a copy of said writ at the usual place of abode of said [Roe] with a person of suitable age and discretion"]. INFORMATION SUITS. 95 3. To [John Smith], on the day of , 18 , at , in my District, by [" publishing a copy of •aid writ three times in each of the following named news- papers designated for the publication of notices in bank- ruptcy, Tiz. (here insert the names of the newspapers)"] : Dated , U. S. Ma/rshal, by , Deputy:. Service, $ Travel, miles, at c. per mile, % No. 6. Retukn to Wabeaiw of 'Sale. Properfy sold. In obedience to the within warrant of sale [or, warrant of sale pendente lite'], I did, on the day of , 18 , at , in my District, sell at public auction, after due notice, as required by law, the within mentioned property, for the sum of dollars ($ ), that being the highest sum bid therefor. Dated , U. S. Marshal, by , Deputy. 96 FORMS FOR RETURNS IN No. 7. Eetukn to "Waueajstt of Sale. Property not sold. I certify that I have been unable to sell the within men- tioned property, and the same now remains on hand for want of bidders [or for any other cause arising] ; therefore I can- not have the moneys at the day and place within mentioned, as I am within commanded. Dated , U. 8. Ma/rshal. by , Deputy. No. 8. Maeshal's Nomge of Sale. \^InternaZ\ Revenue Sale , JSFo. By virtue of a warrant of sale [or, warrant of sale pen- derote lite'], issued out of the District Court of the United States of America for the District of , and to me directed and delivered : I shall sell at public auction, to the highest bidder, for cash, on [Tuesday] the day of i , 18 , at [here insert the place of sale], in the city of , the following described property, to wit : [Here describe the property.] [If the property has been condemned, then add, " con- demned at the suit of the United States."] Dated , , U. S. Marshal, by , Deputy. INFORMATION SUITS. 97 Notice of Postpanement of Sale. The above sale is postponed until [Tuesday] the day of , 18 , at the same time and place. Dated , IT. S. Marshal, by , Deputy. ISTo. 9. Bill and Affidavit of Stoeekeepee. U. S. Marshal, District of , To , Dr. : For services as storekeeper in charge of the property seized from , for th^ period from , 18 , to > 18 , both days inclusive, being days, at $ perday, .. .. $ deceived , 18 , from , U. S. Marshal for the District of , per , Deputy, dollars, iu full payment of the foregoing bill. UxrrED States of America, ] , r SS > DiSTEIOT OF . ) , being duly sworn, says : that the service charged in the foregoing bill has been actually rendered as therein stated ; that he has been paid therefor the sum of dollars ; that the same was received for said service only, and wholly for his own use 13 98 FORMS FOR RETURlSrS IN and benefit, and not for the benefit of any oflScer of the court ; and further, that there is no understanding, express or inaplied, that the whole or any part of said sum shall be paid, or in any way disposed of, or allowed, to the Marshal or his Deputy, or for his or their benefit. Subscribed and sworn to, this day of , 18 , before me J The bill should be folded, and indorsed with the number and title of the suit and the title of the court, and also with the following, viz. : " Bill of , Storekeeper, $ ." No. 10. Marshal's Bill. District Couet of the United States FOE the DiSTEKJT OF The United States vs. Six casks of whisky. \- Mo Serving mesne process at , ret. at • ■ $2 00 Travel to return the same, miles at six cents . Proclamation . . . ; 30 Expenses of custody actually paid Oath and certificate disbursements 25 Paid printer publishing notice of arrest INPORMATION SUITS. 99 Serving warrant to sell at , ret. at • • $2 00 Travel to return the same, miles at six cents. Paid printer publishing notice of sale . , Poundage on $ , amount of sale (see State Law) Fee for advertising sale (see State Law) 2 00 Percentage on disbursements Service and travel upon subpoena ret. Augt. Tr. 1869 Taxed at $ , this day ) of ,18 . ) , Clerk. United States of Ameeioa, ) NoETHEEN DiSTEIOT OF NeW YoEK, ) , Marshal of the said District, being duly sworn deposes and says, that the services charged in the foregoing bill have been actually and necessarily per- formed as therein stated, and that the expenses mentioned in said bill, have been actually and necessarily incurred as therein set forth. Subscribed and sworn before me, ) this day of , 18 . f United States Commissioner. PART III. FORMS FOR RETURNS IN ADMIRALTY CASES. PART III. FORMS FOR RETURNS IN ADMIRALTY CASES. No. 11. Eetuen to "Waeeant of Aeeest and MoNirioN. Vessel seised and in custod'y. In obedience to the within writ, I did, on the day of , 18 , at , in my District, arrest the witliin mentioned [schooner] , her taclde, apparel and furniture, and now have the same in my custody at aforesaid ; and I have duly cited all persons to appear, as I am within commanded. Dated , U. S. Marshal, by , Deputy. Service, $ Travel, miles, at c. per mile, $ Iv^. 12. Retuen to Waeeant of Aeeest and Monition. Yessel seized and released on 'bond. In obedience to the within writ, I did, on the day of , 18 , at , in my District, 104 FORMS FOR RETURNS arrest the within mentioned [schooner] , her tackle, apparel and furniture ; and I have duly cited all per- sons to appear and assort- their claims, as I am within com- raaneled. Subseqnentl}', having received a bond in the sum of S , duly approved by , and conditioned to abide and answer the decree of the court in this cause, I -V n ediately released the said [schooner], and return the said bond herewith. Dated Service, $ Travel, miles, at Bond, $ ty , n. S. Marshal, , Deputy. c. per mile, $ ■ No. 13. Eetuen to Waeeant of Aeeest and Monition. Vessel not seised. I certify, that after diligent search, I am unable to find the within mentioned [schooner] , her tackle, apparel and furniture, within my District. Dated by , W. /S. Marshal, , Deputy. m ADMIRALTY CASES. 105 No. 14. Maeshal's Notice — Admiealty Seizuee. The [Schooner'] United States of Ameeica, ) DiSTEICT OF . f Whereas, a libel hath been filed in the District Court of the United States of America for the District of , on the day of , in the year of our Lord one tliousand eight hundred and ^ , by , Esq., Proctor, in behalf of [here insert the name of libellant and the substance of the libel], and praying the usual process and monition of the court, that all persons interested in the said vessel, lier tackle, apparel and furniture, may be cited to answer the premises, and all due proceedings being had, that the same may be decreed to be sold, and the. proceeds thereof be distributed according to law : Therefo7'e, in pur- suance of the s?iid monition under the seal of said court, to me directed and delivered, I do hereby give notice generally, unto all persons having or pretending to have any right, title or interest therein, and to , master of the said , in special, to appear before the aforesaid court, at the city of , on the day of , if it be a court day, or else on the next court day thereafter, at ten o'clock in the forenoon, then and there to answer the said libeland to make their allegations in that behalf. [If it is an action for seaman's wages, here add : "And also to answer unto all other persons having claims against the said vessel, for wages earned on board thereof, who may choose to make themselves parties to the libel of the said , by way of amendment or supplement, with- out further process or citation."] 14 106 FORMS FOR RETURNS Dated at the day of of our Lord one thousand eight hundred and , Proctor. in the year , U. 8. Marshal. , Deputy. No. 15. Eet0en to Montiion. I certify that I have naonished and cited all persons to appear before the said court at the time and place as I am within commanded. Dated ,Service, $ Travel, miles, at by , U. S. Marshal, , Deputy. c. per mile, $ JSTo. 16. Maeshal's Notice on MoNirioiir. Wo. . Uncted States of America, 1 DisTEiCT op . ) Whereas, a petition hath been filed in the District Court of the United States of America for the District of , on the day of , in the year of our Lord one thousand eight hundred and , by , Esq., Proctor, in behalf of , of , in the State of , against the proceeds of the sale of the IN ADMIRALTY CASES. 107 [scliooner] , now in the registry of the said court, stating and alleging that [here state the allegations of the petition], and praying the usual process and monition of the said court, that all persons having or pretending to have any right, title or interest therein, may be cited to answer the premises, and all due proceedings being had, that the demand of the petitioner may be decreed to be paid out of the said proceeds : Therefore^ in pursuance of the said moni- tion, under the seal of the said court, to me directed and delivered, I do hereby give notice generally, unto all persons having or pretending to have any right, title or interest in the said proceeds, to appear before the said court, at the city of , on the day of , if it shall be a court day, otherwise on the next court day there- after, at ten o'clock in the forenoon, to answer the petition of the said , and further to do and receive in this behalf as to justice shall appertain. Dated at the day of , in the year of our Lord one thousand eight hundred and , Proctor. , If. S. Marshal, , Deputy. No. 17. EeTUEN to YENDmONI EZPONAS. I certify, that on the day of , 18 , at , in my District, in pursuance of the within process, and after due notice as required by law, I eold the within mentioned [schooner] , her engines, boats, tackle, apparel and fui'niture, at public auction, to , of the city of , for the sum of dollars ($ ), that being the highest bid 108 FORMS FOR RETURNS therefor, and he being the highest bidder"; and that I have paid the said sum into the registry of the said court, as I am within commanded. Dated , TJ. 8. Marshal, by , Deputy. No. 18. Maeshal's Notice of Sale upoj!I Execution in 'Admiralty. By virtue of a -writ of venditioni exponas, issued out of the District Court of the United States for the District of , at the suit of , I will expose to sale at public auction, and will sell to the best bidder, for cash, on [Tuesday], the day of , 18 , at o'clock in the forenoon, the [schooner] , her tackle, apparel and furniture, boats and appurtenances, where she now lies, at [here state the place where the vessel is harbored] in the city of Dated , TJ. 8. Marshal, by , Deputy. No. 19. Bill aito AFFiDAVTr of Shipkeepee. , U. 8. Marshal, District of ■ , To , Dr. For services as shipkeeper, in charge of the [schooner "America"], for the period from ,18 , to , 18 , both days inclusive, being days, at $ per day, $ IN ADMIRALTY CASES. 109 Eeceived, , > 18 , from , U. S. Marshal, for the District of , per , Deputy, dollars, in fall payment of the foregoing bill. (For affidavit, see Form No. .) The bill should be folded, and indorsed with the number and title of the suit and the title of the court, and also with the following, viz. : " Bill of , Shipkeeper, $ ." No. 20. Return to Waeeant m peesonam. Defendant arrested and in custody. I certify, that on the day of , 18 , at , in my District, I arrested the within named , and now have him before this court, as within I am commanded. Dated , 17. S. Marshal, by , Deputy. Service, $ Travel, miles, at c. per mile, $ 110 FORMS FOR RETURNS No. 21. Eetuen to "Waeeant m personam. Defendant arrested and discharged on hail. I certify, that on the day of , 18 , at , in my District, I arrested the within named . Subsequently, having received a bond in the sum of $ , conditioned that the said should abide the decree of the court in this cause, I discharged the said defendant, and return the said bond herewith. Dated , Z7". S. Marshal, by , Deputy. Service, $ Travel, miles, at c. per mile, $ Discharging defendant, $ No. 22. Return to "Waeeaijt m peesonam. Defendant not found. I certify, that after diligent search, I am unable to find the within named in my District, so that I may have him before this court, as within I am commanded. Dated , ZT. S. Ma/rshal, by J D&puty. IN ADMIRALTY CASES. HI No. 23. Marshal's Bill. DiSTEIOT COTJET OF THE TJnITED StATES FOE THE DiSTEIOT OF John Doe The schooner "Elizabeth," her tackle, etc. Vl^o. Serving mesne process at , ret. at , . . $2 00 Travel to return the same miles, at six cents, . . Proclamation, 30 Expenses of custody actually paid, Oath and certificate disbursements, 25 Paid printer publishing notice of arrest, Serving warrant to sell at , ret. at ,... 2. 00» Travel to return the same miles, at six cents, . . Paid printer publishing notice of sale, Poundage on % amount of sale (see State Law), . . Fee for advertising sale (see State Law), Percentage on disbursements, Paid postage. ^) Taxed at $ this day 1 of ,18 . ) , Glerh. TlNrrED States of Ameeica, ) NOETHEBN DiSTEIOT OF JN EW YoEK. ) , Marshal of the said District, being duly sworn, deposes and says, that the services charged in tlie foregoing bill have been actually and necessarily per- 1J2 FORMS FOR RETURNS formed as therein stated, and that the expenses mentioned in said bill, have been actually and necessarily incurred as therein set forth. Subscribed and sworn before me this day of , 18 . } U. S. Commissioner. No. 24. Deed of a Yessel, with Ceetifioate of Eneollment. 2^0 all to whom these presents shall coine, GEEErms : Know ye, that whereas by virtue of a [writ of ven- ditioni exponas, or warrant to sell pendente lite'] issued out of the District Court of the United States of America for the District of , tested at , on the day of * , in the year of our Lord one thousand eight hundred and , , directed and delivered to the undersigned, the Marshal of the United States for the District of , I, the said Marshal, was commanded that I should cause to be sold, the [brig " Lowell," . her boats, tackle, apparel and furniture] in the manner and form by law required, pursuant to [a decree] or [an order] made by the said court, on the said day of , in a certain cause pending therein, wherein and are libellants, against the said [brig " Lowell," her boats, tackle, apparel and furniture], which same, at the time of the making of the said [decree] or [order] and issuing the aforesaid writ, were in the custody of the said court, in virtue of the process thereof, issued in pursuance of the libel in the said cause, as by reference to the said writ [decree] or [order], and libel and other proceedings remaining of record in the said court, will more fully appear. And whereas, after the delivery to me of tlie said writ, and before the return day thereof, I did in oberlience to the man- date of the said writ, and in virtue thereof, expose for sale IN ADMIRALTY CASES. 113 at public auction, the said [brig " Lowell," her boats, tackle, apparel, furniture and appurtenances], at the city of , in the said District, after having given due notice of the time and place of such sale as by law required, and on such sale did strike off and sell the said [brig " Lowell," her boats, tackle, apparel, furniture and appurtenances,] to of the city of , for the sum of dollars, that being the best bid and he being the best bidder therefor, and which said sale was made on the day of , Anno Domini, 18 '. And whereas the said , the purchaser aforesaid, has paid to me, the said Marshal, the said sum so bid by him upon such sale as aforesaid. Now therefore know ye, that I, the said Marshal, in virtue of the said writ, and of the sale so made in pursuance thereof, and of the statute in such case made and provided, and in consideration of the said sum of money so to me paid by the said , have granted, bargained, sold, con- veyed and delivered, and by these presents do grant, bargain, sell, convey and deliver, unto the said , the said [brig " Lowell "] with all and singular her [boats, tackle, apparel and furniture] of every name and description what- soever, as the same are now lying and being at the port of , in the said District, and [the certificate of whose last enrollment is in the words and figures following, to wit :], or [a copy of whose last certificate of enrollment is hereunto annexed, and making a part of this conveyance]. To have and to hold the said granted and described [brig " Lowell," her boats, tackle, apparel and furniture], and every part thereof, to the sole and only use, benefit and behoof of the said , his heirs and assigns for- ever, as fully and absolutely as I, the said Marshal, under and by virtue of the authority aforesaid, might, could or ought to convey the same. In witness whereof, I have hereunto set my hand and seal this day of .in the year of our Lord one thousand eight hundred and . [l. s.j 15 114 FORMS FOR RETURNS No. 25. Deed of a Yessel, uo Eneollment. To all to whom these presents shall come, Geeeting : Know ye, that whereas, by virtue of a writ of venditioni exponas, issued out of the District Court of the United States of America for the District of , tested at , in the said District, the day of , in the year of our Lord one thousand eight hundred and , directed and delivered to the undersigned, the Marshal of the United States for the District of , T, the said Marshal, was commanded that I should cause to be sold the [schooner " Ida," her boats, tackle, apparel and furniture], in the manner and form by law required, pursuant to a decree made by the said court, on the day of , in the year of our Lord one thousand eight hundred and , in a certain cause pending therein, wherein is libellant against the said [schooner " Ida," her boats, tackle, apparel and furniture], and which were, at the time of the making of the said decree and issuing the aforesaid writ, in the custody of the said court, by virtue of the process thereof issued in pursuance of the libel in said cause, as by reference to the said writ, decree and libel, and other proceedings remaining of- record in the said court, will more fully appear. And whereas, after the delivery to me of the said writ of venditioni exponas, and before the return day thereof, I did, in obedience to the mandate of the said writ, and in virtue thereof, expose for sale at public auction, the said [schooner " Ida," her boats, tackle, apparel and furniture], at the city of , in the said District, after having given due notice of the time and place of such sale, as by law required, and on such sale did strike off and sell the said [schooner " Ida," her boats, tackle, apparel and furniture], to , of the city of , for the sum of dollars, that IN ADMIRALTY CASES. 115 being the best bid and he being the best bidder therefor, and which said sale was made on the day of , A. D. 18 . And whereas, the said , the pur- chaser aforesaid, has paid to me, the said Marshal, the said sum so bid by him upon such sale as aforesaid ; Now, therefore, know ye, that I, the said Marshal, in virtue of the said writ of venditioni exponas, and of the sale so made in pursuance thereof, and of the statute in such case made and provided, and in consideration of the said sum of money so to me paid by the said , have granted, bargained, sold, conveyed and delivered, and by these presents do grant, bargain, sell, convey and deliver, unto the said , the said [schooner " Ida "], together with all and singular her [boats, tackle, apparel, furniture and appurtenances], of every name and description, as the same now are lying and being at the port of , in the said District, and being a vessel of some tons burthen, and about feet inches deep in the hold, to have and to hold the said granted and described [schooner, her boats, tackle, apparel, furniture and appurtenances], and every part thereof, to the sole and only use, benefit and behoof of the said , his heirs and assigns forever, as fully and absolutely as I, the said Marshal, under and in virtue of the authority aforesaid, might, could or ought to convey the same. In witness whereof, I, the said Marshal, have hereunto set my hand and seal, this day of , in the year of our Lord one thousand eight hundred and [L. S.J 116 FORMS FOR RETURNS No. 26. Maeshal's Deed of a Vessel Condemned at the Surr of THE United States. To all to whom these presents shall come,, Geeeting : Know ye, that whereas, by virtue of a writ of venditioni exponas, issued out of the District Court of the United States of America for the District of , tested at , in the said District, the Tuesday of , in the year of our Lord one thousand eight hundred and , directed and delivered to the undersigned, the Marshal of the United States for the Dis- trict of , I, the said Marshal, was commanded that I should cause to be sold [the schooner "Adelaide," her boats, tackle, apparel and furniture], in the manner and form by law required, pursuant to a decree made by the said court on the day of , 18 , whereby the said [schooner] was condemned to be sold as forfeited to the use of the United States of America for causes and reasons in the said decree stated, the said [schooner] being at the time of the issuing of the aforesaid writ in the custody of th^ court aforesaid, in virtue of its process theretofore issued, all of which, by reference to the said process and to the libel of information and other proceedings, remaining of record in the said court, will more fully appear. And whereas, after the delivery to me of the said writ of venditioni exponas, and before the return day thereof, I did, in obedience to the mandate of the said writ, and in virtue thereof, expose for sale at public action the said [schooner "Adelaide," her' boats, tackle, apparel and furniture], at the city of , in the said District, after having giving due notice of the time and place of such sale, as by law required, and on such sale did strike off and sell the said [schooner "Adelaide," her boats, tackle, apparel and furniture], to , of , for the sum of dollars, that being the best bid, and he being the best bidder therefor, and IN ADMIRALTY CASES. 117 which said sale was made on the day of , A, D. 18 . And whereas, the said , the pur- chaser aforesaid, has paid to me, the said Marshal, the sum so bid by hiin upon such sale as aforesaid. Now, therefore, know ye, that I, the said Marshal, in virtue of the said writ of venditioni exponas, and of the sale so made in pursuance thereof, and of the statute in such case made and provided, and in consideration of the said sum of money so to me paid by the said , have granted, bargained, sold, conveyed and delivered, and by these presents do grant, bargain, seU, convey and deliver unto the said , the said [schooner "Adelaide"], together with all and singu- lar, her [boats, tackle, apparel, furniture, and appurtenances], of every name and description, as the same are now lying and being at the port of , in the said District, to have and to hold the said granted and described [schooner], her [boats, tackle, apparel, furniture and appurtenances], and every part thereof, to the sole and only use, benefit and behoof of the said , his heirs and assigns forever, as fully and absolutely as I, the Marshal aforesaid, under and in virtue of the authority aforesaid, might, could or ought to convey the same. In witness whereof, I, the said Marshal, have hereunto set my hand and seal this day of , in the year of our Lord one thousand eight hundred and [L. S.] PART IV. MISCELLANEOUS FORMS, AND FORMS IN CIVIL AND CRIMINAL CASES. PART lY. MISCELLANEOUS FORMS, MD FORMS IN CIVIL AND CRIMINAL CASES. No. 27. Deputy's Bond to Maeshax. Know all men hy these presents, that we of , in the county of and State of , and are jointly and severally held and firmly bound unto , Marshal of the United States for the District of , in the sum of dollars, good and lawful money of the United States of America, to be paid to the said , or to his heirs, executors, administrators or assigns, to the payment of. which sum, well and truly to be made, we bind ourselves, our heirs, executors and administrators, each and every one, firmly by these presents. Signed with our hands, and sealed with our seals,, this day of , 18 . Whereas, the said has this day, by an' instrument in writing, duly executed under his hand and seal, appointed the said , Deputy Marshal of the United States for the District of : Now, therefore, the condition of this obligation is such, that if the 16 122 MISCELLANEOUS FORMS. above boiinden shall and does legally, fairly, honestly and faithfully perform, execute and discharge all the duties of the said office of Deputy Marshal, and all acts and things pertaining thereto or connected therewith, and shall at all times pay over to the said , or to such other person or persons, court or officer as of right the same shall belong, all damages, costs, fines, fees, sum or sums of money that shall be collected or received by him as such Deputy Marshal ; and shall in all things and at all times indemnify and save harmless the said , as such Marshal, for, touching and in any wise concerning the due execution and return of all writs and process that shall come to the hands of the said , as such Deputy Marshal, and also for and concerning all, any and every escape that the said , as such Deputy Marshal, shall or may sufl:er, whether the same be negligent or voluntary, and of and from the payment of all damages, costs, trouble, counsel charges and expense which the said may be charged with, subject to, or in any manner become liable to pay for, on account of, or by reason of any act or thing of the said , in relation to the said office of Deputy Marshal, either of omission or commission or otherwise ; and also, if the said shall duly and faithfully furnish and forward to the said , Marshal, as aforesaid, within three days after the receipt of each and every process which he may receive from any person than the said , the title of the cause and the name and address of the attorney or proctor who shall issue the same, together with the time of service thereof, when served, and make return to the said Marshal of all process served by ithe said , and pay to the said Marshal all , money collected on execution or otherwise without delay, ithat the Marshal can make the appropriate returns to the Clerk's office ; and shall, at the time of noticing any and every sale of any property, at the same time send to the eaid Marshal notice of such sale, and also notify him of all MISCELLANEOUS FORMS. 123 adjournments of sale, and shall also in all things well and truly observe and follow the instructions of said Marshal ; then this obligation to be void and of no effect, and otherwise to remain in fidl force and virtue. Sealed and delivered ] in presence of ) TJinTED States of America, | DiSTEIOT OP , j ' Be it remembered, that on this day of 18 , personally came before me and severally acknowledged that they executed the foregoing bond ; and I certify that they are the same persons described in and who executed said bond. United States of Amekica, ) DiSTEIOT OF , ) being severally sworn, depose and say, each for himself, that he is a resident and freeholder in the State of , and worth the sum of thousand dollars, over and above all his debts and liabilities. Subscribed and sworn this day ' of 5 18 , before me. 124 MISCELLANEOUS FORMS. No. 28. Eetubn to Cehqnal Capias, oe "Waekakt to Appeehend. Defendcmt arrested. I certify, that on the day of 5 18 , at , in my District, I arrested the within named defendant, and have him here in my custody, as I am within commanded. Dated , U. S. Ma/rshal, by , Deputy, No. 29. Ketden to Ceiminai, Capias. One of the Defendants arrested. I certify, that on the day of » 18 , at , in my District, I arrested the within named , and have him here in my custody, as I am within commanded ; but I am unable to find the within named in my District. Dated , TT. 8. Marshal. by , Deputy. MISCELLANEOUS FORMS. 125 No. 30. Eetuen to Oeiminal Capias. Defend/mi not found. I certify, tliat after diligent search, I am unable to find the within named in my District, so that I may have him before this court, as I am within commanded. Dated , TI. 8. Marshal. by , Deputy. No. 31. DiSCLAIMEE. U. S. COTJET, DiSTEIOT OF The TJ. S. of America V. John Doe. The defendant was indicted at the term, 18 , of said court, held at , in said District, for the . offense of [here state the offense mentioned in the capias]- ,18 . Keceived criminal capias issued out of said court, tested the , Tuesday of , 18 , and returnable the Tuesday of A^ ■> at The defendant [John Doe] was found in the District of . Deputy Marshal was deputed by the Marshal of said District of to arrest the 12G MISCELLANEOUS FORMS. said defendant and convey lum to the District of to te further dealt with according to law. I, , Marshal of the United States for the District of , do hereby disclaim, in favor of , Marshal for the District of ' , all my right and title in and to the fees and service of pro- cess in the above entitled case ; and to the transportation of said defendant under said process ; and I hereby authorize pay- ment thereof to be made to the said Marshal Dated 18 . , JJ. 8. Marshal, District of No. 32. Eetuen to Bailable Capias. Defendant arrested and committed. I certify that, on the day of > 18 , at , in my District, I arrested the within named , and have committed him to the county jail of county, in default of bail. Dated , TT. §. Marshal, by , Deputy. Service, $ Travel, miles, at c. per mile, $ MISCELLANEOUS FORMS. 127 No. 33. •■ Eetuen to Bailable Caplas. Defendant arrested and discharged on lyail. I certify that, on the day , 18 , at , in my District, I arrested the within named , and having received a bond condi- tioned that he shall pnt in special bail within twenty days after the return day hereof; and, if required, shall perfect such bail, I immediately discharged him from arrest. Dated , TJ. S. Marshal, by , Deputy. Service, $ Travel, miles, at c. per mile, | Bond, $ 'No. 34. Bond to Marshal. On discharging a defendant arrested ort Bailable Capias.. Knmo all men lyy these 'presents, That we , of , as^ principal, and ,. of , as sm-eties, are held and bound unto , United States Marshal for the District of , in the sum of dollars, lawful money of the United States, to be paid to the said , or to his certain attorney, executors, administrators or assigns, for the payment of which, well and truly to be made, we jointly and severally bind ourselves. 128 MISCELLANEOUS FORMS. our heirs, executors and administrators firmly by these pre- sents. Sealed with our seals and dated this day of ,18 . The condition of this obligation is such, That if the above named , who has been arrested upon a certain writ of cwpias ad respondendum, issued out of the Court of the United States for the District of , returnable the Tuesday of J 18 , before the said court at , requiring the said to answer unto the United States of America, in a plea of trespass ; and also to a certain bill of the said United States against the said , for [here insert the cause of action mentioned in the capias], shall appear in this action, commenced as above recited, by putting in special bail twenty days after the return day specified in said writ, and if required shall perfect such bail according to the rules and practice of the said court, then the above obligation to be void ; otherwise, to remain in full force and virtue. DisTEicT OF , ss : , being duly sworn, each for himself, says : That he resides in the county of , in said District, and that he is a freeholder and worth the sum of over and above all his debts and liabilities. Subscribed and sworn before me, this day of ? 18 ? United States Commissioner. MISCELLANEOUS FORMS. 129 DiSTEIOT OF , ss : On this day of > 18 j before me personally came , to me known to be tlie persons described in and who executed the within instrument, and severally acknowledged that they e^eeuted the same for the uses and purposes therein stated. United States Commissioner. ISTo. 35. Eetuen to Non-bailable Capias. Defendant served. 1 certify, that on the day of j 18 5 at , in my District, I personally served the within writ on , the within defendant, by showing to him the same, with the seal of the court thereon, and at the same time delivering to him a copy thereof. Dated by Service, $ Travel, miles, at c. per mile, $ , U. S. Marshal, , Deputy. 17 130 MISCELLANEOUS FORMS. No. 36. Eetuen to Capias. Defendant not found. I certify, that after diligent search, I am unable to find the within named in my District. Dated by , U. S. Marshal, , Deputy. No. 37. Marshal's Bill — Civil SmT. DiBTEICT CotTET OF THE UnITED StATES EOE THE DiSTEICT OF The United States V. Eichard Eoe. Serving capias at , ret. at , $2 00 Travel to return the same, miles, at six cents, . . Bond, 50 Discharging defendant, 50 Oath and certificate disbursements, 25 Serving writ of inquiry at 5 00 Taxed at $ ' this day ) of ,18 . ) , Cleric. MISCELLANEOUS FORMS. 131 [ ss. TJnited States of Ameeioa, NOETHEEN DiSTEICT OF NeW YoEK, , Marshal of the said District, teing duly sworn, deposes and says, that the services charged in the foregoing bill have been actually and necessarily per- formed as therein stated, and that the expenses mentioned in said bill have been actually and necessarily incurred as therein set forth. Subscribed and sworn before me this day of , 18 . } Z7". S. Commissioner. No. 38. Eetuen TO Summons. Served. I certify, that on the day of j 18 , at , in my District, I personally served the within summons on , the within defendant [or, " on , the president, cashier or secretary, as the'case may be, of the within mentioned "], by showing to him the same, with the seal of the court thereon, and at the same time delivering to him a copy thereof. Dated , U. S. Marshal. by , Deputy. Service, $ Travel, miles, at c. per mile, $ 132 MISCELLANEOUS FORMS. No. 39. Eetuen to Weit of Subpoena in EQurrr. I certify, tHat on the day of ? 18 j at , in my DistriQt, I personally served ^the within writ on the within named , by [showing to him the same, with the seal of the court thereon, and leaving with him a copy thereof], or [by leaving a copy thereof, at his usual place of abode, with a member of his family]. Dated Service, $ Travel, miles, at by , Zr. S. Marshal, , Deputy. c. per mile, $ No. 40. Eetuen to Weit of Ceetioeaei. I certify, that on the day of j 18 , at , in my District, I personally served the within writ on [here insert the name and official title of the person on whom service is made], by showing to him the same, with the seal of the court thereon, and at the same time delivering to him a copy thereof. Dated , U. S. Marshal, by , Deputy. Service, $ Travel, miles, at c. per mile, $ MISCELLANEOUS FORMS. 133 No. 41. Eetuen to Yenieb. Tlie answer of , Marshal of the United States for the District of The execution of this precept appears by the panels hereto annexed. Dated , Z7". S. Marshal, by , Deputy. No. 42. CeETIFICATE to JtTET PaNELS. We, the undersigned, , Deputy Marshal of the United States for the District of , and , County Clerk of the county of [or, Clerk of the U. S. Circuit, or Clerk of the U. S. District Court for the District of J, do hereby certify the foregoing to be a panel of grand jurors, and a panel of petit jurors, by us duly drawn, at the office of the Clerk of the county of , on the day of , 18 . - , Deputy Marshal. , Clerk of 134 MISCELLANEOUS FORMS. Ho. 43. Notice to Jukoes. Mr. : SiE : Tou are hereby summoned to attend a Court of the United States, held for the District of , at the [court house] in the of , in the county of , on the day of 18 , at 10 o'clock A. M., as a [grand or petit] juror. -L-'dtCU. , xu , U. S. Marshal, by , Deputy. No. U. Eettjen TO SUBPCENA. Personally served on this day of J ,18 . at Travel thereon, one way. miles. , U. S. Marshal, by , Deputy. No. 45. SoBPCENA Ticket — U. S. Cases. To : , • SiE : By virtue of a subpcena, issued odt of the Court of the United States for the District of , and herewith shown unto you, you are required to appear and be before the said qourt, at the [court house] in -the of , on [Tuesday], the day MISCELLANEOUS FORMS. 135 of , 18 , at 10 o'clock in tlie forenoon, on behalf of the United States, and not to depart said court without leave. If you fail to obey such subposna, you may be fined and imprisoned, as the court shall direct. , TJ. jS. Marshal. by , Deputy. No. 46. SuBPCENA Ticket — Suits between Peivate Pajrties. To : SiE : By virtue of a subpoena, issued out of the Court of the United States for the District of , in a certain suit pending therein, wherein is the plaintiff and is the defendant, and herewith shown unto you, you are required to appear and be before the said court, at the [court house] in the city of , on the day of , 18 , at 10 o'clock in the forenoon, on behalf of the said [plaintiff]. If you fail to obey such subpoena, you may be fined and imprisoned, as the court shall direct. , TJ. S. Marshal, by J Dejptity. No. 47. Notice to be Indoesed on Subpcbsna Ticket — U. S. Cases. Take Notice : Tou will (if you appear at the place and hour appointed, and continue in court) be entitled to $1.50 per day for attendance, and five cents per mile each way for necessary travel ; but if you are called on the first or any other day, either in the forenoon or afternoon, and fail to answer, your fees for the day may be deducted, and a fine imposed on you by the court. 136 MISCELLANEOUS FORMS. No. 48. Eeceipt foe Peisonee. Eeceived of , U. S. Marshal for the District of , this day of > 18 , the body of the within named. [Name and official title of officer.] No. 49. Retuen to Attachment against Witness. I have arrested the within named , as I am within commanded, and have him now here before the court. Dated ) U. S. Marshal, by , .Deputy. Service, $ Travel, miles, at c. per mile, $ • No. 50. Special Deputization. I hereby depute and authorize ,of :ecute the within writ. Dated ,18 . 5 U. S. Marshal. to MISCELLANEOUS FORMS. 137 No. 51. Oath to Jdeoes on Weit of Inquiey. You, and each of yon, do swear [or, affirm], that you will well and truly inquire and determine the amount of debt due from to , and true inqui- sition make, according to the evidence, so help you God. No. 52. Oath to Witness on Weft of Inqiteet. You do swear [or, affirm], that the evidence you shall give in the matter in difference between and , shall be the truth, the whole truth, and nothing but the truth, so help you God. b No. 53. Eetuen to Weit of Inquiet. I certify, that on the day of j 18 ) at , in my District, I executed the within writ, as appears by the inquisition hereto annexed. Dated , 77. S. Marshal, by , Deputy. 18 138 MISCELLANEOUS FORMS. No. 54. iNQmSITION. DisTEioT OF , ss: An inquisition indented and taken at , in the city of , in the District of , on the day of j 18 , before me, , Marshal of the United States for the District of , by virtue of a writ to me directed, and to this inquisition annexed, by the oaths of [here insert the names of the jurors], good and .lawful men of the said Dis- trict, who being charged and sworn say, upon their oaths, that [here insert the name of the plaintiff], in the said writ named, hath sustained damages, occasioned by reason of the premises therein contained, besides his costs and charges by him about his suit in this behalf expended, the sum of dollars ($ ). In witness whereof, as well as I, the said , Marshal, as the jurors aforesaid, our names and seals to this inquisition have severally put, the day and year afore- said. , Z7". 8. Marshal, [l. s.J [Signatures and seals of the twelve jurors.] No. 55. Eetdhit to ExEounoiT. Satisfied. I have collected on the within execution the sum of dollars ($ ) and my fees. Dated , U. S. Marshal, by , Deputy. MISCELLANEOUS .FORMS. 139 ISTo. 56. Eetuen to Execution. Part made and Nulla Bona as to residue. I have collected the sum of dollars ($ ), part of the moneys directed to be made upon the within execution ; and I can find no goods or chattels, lands or tenements of the within defendant in my District, whereof I can make the balance of the said execution. Dated , U. 8. Marshal, by Deputy. No. 57. EeTUEN to ExECTJTIOlf. Nulla Bona. I have made diligent search, and can find no goods or chattels, lands or tenements, of the within defendant, in my District, whereof I can make the amount of the within execution or any part thereof. Dated , U. 8. Marshal, by Deputy. 140 MISCELLANEOUS FORMS. ISTo. 58. Eetuen to Execution AGArasT an Executor oe Adminib- TEATOE. Nulla Bona. The within defendant has no goods or chattels, which were of the within named deceased at the time of his death, in his hands to be administered in my District, whereof I can cause to be made the amount of the within execution, or any part thereof. Dated , TJ. S. Marshal, by Deputy. No. 59. Indoesement of Levy. Levied this dky of ? 18 > «■* o'clock . M., on the following property, under and by virtue of the within execution, at the city of , viz. : [here describe the property levied on. J , U. S. Marshal, by , Deputy. No. 60. Inboesement of Levy. . When the articles are too numerous to indorse on the execution, describe the same in a schedule, which may be marked " A," and annex it to the execution as follows : MISCELLANEOUS FORMS. 141 U. S. COUET, DiSTEICT OF The U. S. of America V. Jolm Doe. Levied this day of , 18 , at o'clock . M., on the following property, under and by virtue of the within execution, at the city of , viz. : [here describe the property levied on.] , ZT. S. Marshal, by , Deputy. The following indorsement should then be made on the execution, viz. : I have levied on the property mentioned in the annexed schedule, marked "A," under the within execution, as therein stated. , U. 8. Marshal, by , Deputy. U. S. No. 61. Receipt foe Peopeett Levied on. COTJET, DiSTEICT OF The U. S. of America V. John Doe. Execution for $ , and interest from Marshal's fees, received by nie, cation. , besides 18 , for exe- 142 MISCELLANEOUS FORMS. I liave levied upon the following property in the possession of the defendant at , under said execution, viz. : [here specify the property levied on.J , U. 8. Marshal, by , Deputy. I hereby acknowledge that I have received the above described property, so levied upon by the Marshal of the District of , from said Marshal, and hereby promise and undertake to return the same and every part thereof to the said Marshal, on demand, or pay the above judgment, interest and Marshal's fees. Dated No. 62. Notice of Sale of Peesonal Peopeett. By virtue of an execution, issued out of the Court of the United States of America for the District of , and to me directed and delivered, I have levied on and taken all the right, title and interest of , of, in and to the following property, to wit : [here describe the property], which I shall expose for sale at public vendue, as the law directs, on [Tuesday], the day of j 18 , at o'clock in the noon, at , in the city of Dated , JI. S. Marshal, by , Deputy. MISCELLANEOUS FORMS, 143 No. 63. Notice of Sale of Eeal Estate. By virtue of an execution, issued out of the Court of the United States of America for the District of" , against the goods and chattels, lands and tenements of , I have seized all the right and title of the said , of, in and to the following described premises, to wit: [here describe the property], which I shall expose for sale, as the law directs, on [Tuesday], the day of , 18 , at o'clock in the noon, at , in the city of Dated , TJ. S. Marshal, by , Deputy. No. 64. Eetuen to Ca. Sa. Debt satisfied. I certify, that on the day of , 18 , at , in my District, I arrested the within named , and committed him to the common jail of county. Subsequently, the said having paid to me the sum of dollars ($ ), being the amount of said fine [or judgment], and the interest thereon, besides my fees and expenses hereon, I immediately discharged him from arrest. Dated , TJ. S. Marshal, by ' , Deputy. 144 MISCELLANEOUS FORMS. No. 65. Ketuen to Ca. Sa. Defendant arrested and committed. I certify, that on the at named common jail of Dated day of ,18 in my District, I arrested the within , and have committed him to the county. by Service, % Travel, miles, at e. per mile. , U. S. Marshal, , Deputy. No. 66. Waeeant of Disteict Judge fok the E.emoval of a Peisonee CojiJiirrED BY A Unitbd States Commissionee. 77(e President of the United. States of America, to the Mar- shal of the United States for the District of , and to his Deputies whomsoever, Geeeting : Whereas, has been cliarged before , Esq., a commissioner duly appointed by the Circuit Court of the United States for the District of , with having committed an offense against the laws of the United States, in this, that on the day of , A. D. 18 , at , in the District of , tlie said did [here state the offense mentioned in MISCELLANEOUS FORMS. 145 the commissioner's commitment]. And after an examination of tlie witnesses against tlie said , it appearing to the said commissioner that the said offense has been committed, and that there is probable cause to believe the said . to be guilty of the offense thus charged. And the said , not having offered sufficient bail for his appearance at the next court having cognizance of such offense, to answer therefor, was by the said commis- sioner committed to the coinmon jail of the county of , for want of sureties, and until he should be discharged by due course of law, or be removed into the District where said offense was. committed; and whereas, also, the said still remains, and now is, in the said common jail of the county of , in the Dis- trict of , pursuant to the aforesaid commitment, and is unable to give bail ; you are, therefore, hereby com- manded, that you take the body of the said forth- with, if he shall still be in custody under said commitment, and deliver him into the custody of the Marshal of the TJnited States for the said District of • , that being the District in which the alleged offense was committed, to be there dealt with according to law; and do you make return what you shall have done, together with this wi-it, to the clerk of the said District of [here insert the name of the District into which the prisoner is to be removed]. In testimony whereof, I have hereunto set my hand and seal at , in the District of , this day of , A. D. 18 , and of the Independence of the United States the District Judge of the United States for the District of 19 146 MISCELLANEOUS FORMS. No. 67. Maeshal's Eetubn to above Waeeaot'. I hereby certify, that in obedience to the within writ, I did, on the day of , A. D. 18 , at , in my District, take the body of the within named , and on the same day [or any subsequent day] did transport and deliver him into the custody of the United States Mar- shal for the District of , at , Marshal^ by , Deputy. Service, $ Travel, miles. No. 68. Solicptoe's Disteess Waeeant. To Esq., United States Marshal for the District of . Whereas, , late [official title], in relation to his several accounts, stands in- debted to the United States in a cash balance of dollars, as appears by the settlement of his said accounts, made by the proper accounting officers of the treasury, a copy of which is herewith inclosed ; and whereas the said , having failed to pay over according to the act of Congress, passed the 15th day of May, 1820, entitled "An act for the better organization of the treasury department," the said sum of dollars, these- are, therefore, in pur- suance of said act, to command you to proceed immediately to levy and collect the said sum of dollars, by dis- tress and sale of the goods and chattels of the said , giving ten days previous notice of such intended MISCELLANEOUS FORMS. 147 sale, by affixing an advertisement of the articles to be sold at two or more public places in the town or county where the said goods or chattels were taken, or in the town or county where the owner of such goods and chattels may reside ; and should there not be found sufficient goods and chattels to satisfy the said sum of dollars remaining due and unpaid as aforesaid, you are hereby commanded to commit the body of the said to prison, there to remain until discharged by due course of law ; and should the said be committed to prison, as aforesaid, or if he abscond, and goods and chattels sufficient to satisfy the said sum of dollars, be not found, you are hereby commanded to levy upon, and expose to sale, at public auction, for cash, to the highest bidder, the lands, tenements and hereditaments of the said , or sp much thereof as may be necessary to satisfy the said sum of dollars, or whatever sum there may remain due and unpaid thereof, after you shall have given notice of the said sale, at least three weeks prior to its taking place, in not less than three public places in the county or district where such real estate is situate ; and all moneys which may remain of the proceeds of such sale, after satisfying the said sum of dollars, and paying the reasonable costs and charges of the sale, you are required to return to the proprietor or proprietors of the land or real estate sold as aforesaid ; and whatever you may do in obedience to this warrant, make return thereof to this office ; and for so doing this shall be your sufficient authority. Given under my hand and seal at my office, in the Treas- ury Department at Washington, this day of , A. D., 18 . Solicitor of the Treasury. APPENDIX (A). APPENDIX (A). FEE BILL. In lieu of the compensation now allowed by law to attorneys, solicitors and proctors in the United States courts, to United States district attorneys, clerks of the district and circuit courts, marshals, witnesses, jurors, commissioners, and print- ers, in the several States, the following and no other compen- sation shall be taxed and allowed. But, this act shall not be construed to prohibit attorneys, solicitors and proctors from charging to and receiving from their clients, other than the government, such reasonable compensation for their services, in addition to the taxable costs, as may be in accordance with general usage in their respective States, or may be agreed upon between the parties. Fees of Attoenets, Solicitoes, and Peootoes. In a trial before a jury, in civil and criminal causes, or before referees, or on a final hearing in equity or admiralty, a docket fee of twenty dollars : Provided, that in cases in admiralty and maritime jurisdiction, where the libellant shall recover less than fifty dollars, the docket fee of his proctor shall be but ten dollars. In cases at law, where judgment is rendered without a jury, ten dollars ; and five dollars where a cause is discontinued. For scire facias and other proceedings on recognizances, five dollars. 152 > APPENDIX (A), For each deposition taien and admitted as evidence in the cause, two dollars and fifty cents. A. compensation of five dollars shall he allovred for the services rendered in cases removed from a district to a cu'cuit coiu't, by writ of error or appeal. (Act Feb. 26, 1853, 10 Stat, at L. 161.) DisTEicT Attoenet's Fees. For examination by a district attorney, before a judge or commissioner, of a person or persons charged with crime, five dollars per day for the time necessarily employed. For each day of his necessary attendance in a court of the United States, on the business of the United States, when the same shall be held at the place of his abode, five dollars, and the like sum for his attendance for each day of the term when the said court shall be held elsewhere. For traveling, from the place of his abode to the place of holding any court of the United States in his district, and to the place of any examination before a judge or commissioner, of a person or persons charged with crime, ten cents per mile for going, and ten cents for returning. When an indictment for crime shall be tried before a jury, and a conviction is had, in addition to the attorney's fees allowed by this act, the district attorney may be allowed a counsel fee in proportion to the importance and difficulty of the cause, not exceeding thirty dollars. For the services of counsel, rendered at the request of the head of a department, such sum as may be stipulated or agreed on. (Act Feb. 26, 1853, 10 Stat, at L. 162.) There shaE be taxed and paid to district attorneys two per centum upon all moneys collected or realized in any suit or proceeding arising under the revenue laws conducted by them in which, the United States is a party. The act in relation to costs, approved February 26th, 1863, shall not apply to such allowances, and the same shall be in lieu of all costs and fees in such suit or proceedings. (Act March 3, 1863, 12 Stat, at L., 741, §11.) APPENDIX (A). 153 Cleees' Fees. For issuing and entering every process, commission, sum- mons, capias, execution, wartant, attachment or other writ, except a writ of venire, summons or subpoena for a witness, one dollar. For filing and entering every declaration, plea or other paper, ten cents. For administering every oath or affirmation to a witness or other person, except a juror, ten cents. For entering any return, rule, order, continuance, judg- ment, decree or recognizance, drawing any bond or making any record, certificate, return or report, for each folio, fifteen cents ; and for a copy of any such entry or record, or of any paper on file, not exceeding one folio, ten cents; and for each additional folio, ten cents. For making dockets and indexes, and for all other services on the trial or argument of a cause where issue is joined and testimony given, including venire and taxing costs, three dollars. For making dockets and indexes, and for all other services in a cause where issue is joined and no testimony given, including taxing costs, two dollars. For making dockets and indexes, and for taxing costs and other services in a cause which is dismissed, discontinued, or a judgment or decree is made or rendered therein without issue, one dollar. In equity and admiralty causes only, the process, plead- ings and decree, and such orders and memoranda as may be necessary to show the jurisdiction of the court and regu- larity of the proceedings, shall be entered upon the final record ; and, in , case of an appeal, copies of the proofs, and of such entries and papers on file as may be necessary on hearing of the appeal, may be certified up to the appellate court. For affixing a seal of the court to any instrument when required, twenty cents. For issuing a writ of subpoena, 20 154 APPENDIX (A). twenty-five cents. Fox every search for any particular mort- gage, judgment or other lien, fifteen cents. For traveling from the office of the clerk, -where he is required by law to reside, to the place of holding any court required to be held by law, five cents per mile for going and five for returning, and five dollars per day for his attendance on any such court or courts while actually in session. For searching the records of the court for judgments, decrees and other instruments constituting a general lien upon real estate, and certifying the result of such search, fifteen cents for each person against whom such search is , required to be made. For receiving, keeping and paying out money, in pursu- ance of the requirements of any statute or order of court, one per cent on the amount so received, kept and paid. In cases removed by writ of error or appeal, the clerk's fees for making dockets and taxing '. costs, shall be but one dollar; and the clerks of the district and circuit courts respectively, ex officio, shall be, and hereby are, authorized and empowered to administer oaths, take acknowledgments, take and certify affidavits and depositions in the same man- ner as commissioners, and shall be entitled to the same fees and compensation therefor. (Act Feb. 26, 1853, 10 Stat, at L. 163.) Maeshals' Fees. For service of any warrant, attachment, summons, capias or other writ (except execution, venire or a summons or sub- poena for a witness), two dollars for each person on whom such service may be made : Provided, that on petition, set- ting forth the facts on oath, the court may allow such fair compensation for the keeping of personal property attached and held on mesne process, as shall on examination be found to be reasonable. 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 witness. APPENDIX (A). 155 For travel in goiug only to serve any process, warrant, attachment or other writ, including writs of subpoena in civil and criminal cases, six cents per mile, to be computed from the place of service to the court or place where the writ or process is returned ; and if more than one person is served therewith, the travel shall be computed from the court to the place of service which shall be the most remote, adding thereto the extra travel which shall be necessary to serve it on the other : Provided, that when more than two writs of any kind in behalf of the same party or parties, to be served on the same person or persons, or part of the same persons, are or might be served at the same time, the Mar- shal 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 wit- nesses in a cause in such subpoena as convenience in serving the same will permit. And, in all cases where mileage is allowed to the Marshal by this act, it shall be at his option to receive the same, or his actual traveling expenses, to be proved on his oath to the satisfaction of the court. For each bail bond, fifty cents. For summoning appraisers, each fifty cents. For every commitment or discharge of a prisoner, fifty cents. For every proclamation in admiralty, thirty cents. For sales of vessels or other property, under process in admiralty, or under the order of a court of admiralty, 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 serving an attachment in rem, or a libel in admiralty, two dollars ; and the necessary expenses of keeping boats, vessels or other property attached or libeled in admiralty, not exceeding two dollars and fifty cents per day ; and, in case the debt or claim shall be settled by the parties without a sale of the property, the Marshal shall be entitled to a commission of one per cent on the first five hundred dollars 156 APPENDIX (A). of the claim or decree, and one-half of one per cent on the excess over five hundred dollars : Provided, that in case the value of the property shall be less than the claim, then, and in such case, such commission shall be allowed only on the appraised value thereof. For serving a writ of possession, partition, execution or any final process, the same mileage as is herein allowed for the service of any other writ ; and for making the service, seizing or levying on property, advertising and disposing of the same by sale, set-off, 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 several States, respectively, in which the service may be rendered. For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or thirty-three and one- third cents each ; and in those States where jurors, by the laws of the State, are drawn by constables or other ofiicers of corporate towns or places by lot, the Marshal shall receive for the use of the officers employed in drawing and summon- ing the jurors and returning each venire, two dollars ; and for his own trouble in distributing the venires, two dollars for each jury : Provided, that in no case shall the fees for distributing and serving venires, and drawing and summon- ing jurors by township officers, including mileage chargeable by the Marshal for such service, at any court, exceed fifty dollars. For traveling from his residence to the place of holding court, to attend a term thereof, ten cents per mile for going only, and five dollars per day for attending the circuit and district courts when they are both in session, or for attend- ing either of said courts when but one is in session, and for bringing in and committing prisoners and witnesses during the term. For executing a deed prepared by a party or his attorney, one dollar. For drawing and executing a deed, five dollars. APPENDIX (A). 157 For transporting criminals, ten cents per mile for himself, each necessary guard, and each prisoner. For copies of writs or papers furnished at the request of any party, ten cents per folio. For holding a court of inquiry or other proceedings before a jury, including the summoning of a jury, five dollars. The Marshal of the District of South Carolina shall here- after be entitled to receive a salary of two hundred dollars per annum. The respective courts of the United States shall appoint criers for their courts, to be allowed the sum of two dollars per day ; and the Marshals are hereby authorized to appoint such a number of persons, not exceeding five, as the judges of their respective courts shall determine, to attend upon the grand and other juries, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by and included in the accounts of the Mar- shal, out of any money of the United States in his hands ; the compensation to be given only for actual attendance ; and when both courts are in session at the same time, to be paicf but for attendance on one court. For expenses while employed in endeavoring to arrest, under process, any person charged with or convicted of a crime, the sura actually expended, not to exceed two dollars per day, in addition to his compensation for service and traveL For disbursing money to jurors and witnesses, and for other expenses, two per centum. For attending examinations before a commissioner, and bringing in, guarding and returning prisoners charged with crime, and witnesses, two dollars per day, and the same for each Deputy necessarily attending, not exceeding two. Sec. 2. And he it further enacted, that 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 ofiense ; for the maintenance of prisoners of the United Staites confined in jail for any criminal oflfense ; for the commitment 158 APPENDIX (A). or discharge of sucli prisoners ; for the expenses necessarily incurred for fuel, lights and other contingencies that may accrue in holding the 'courts within the district, and providing the books necessary to record the proceedings thereof : Pro- vided, that the Marshal shall not incur an expense of more than twenty dollars in any one year for furniture, or iifty dol- lars for rent of building and making improvements thereon, without first submitting a statement and estimates to the Secretary of the Interior, and getting his instructions in the premises. Sbo. 3. And he it further enacted, that every district atttorney, clerk of a district court, clerk of a circuit court, and Marshal of the United States, shall, until otherwise directed by law, upon the first day of January and July, in each year, commencing with the first day of July next, or within thirty days from and after the days specified, make to the Secretary of the Interior, in such form as he shall pre- scribe, a return in writing, embracing all the fees and emolu- ments of their respective offices, of every name and character, distinguishing the fees and emoluments received or payable under the bankrupt act from those received or payable for any other service ; and in the case of a Marshal, further dis- tinguishing the fees and emoluments received or payable for services by himself personally rendered from those received or payable for services rendered by a Deputy ; and also dis- tinguishing the fees and emoluments so received or payable for services rendered by each Deputy, by name, and the pro- portion of such fees and emoluments which, by the terms of his service, each Deputy is to receive ; and also embracing all the necessary office expenses of such officer, together with the vouchers for the payment of the same, for the half year end- ing on the said first day of January or July, as the case may be ; which return shall be, in all cases, verified by the oath of the officer making the same • * * * * and no Marshal shall be allowed by the said Secretary to retain, of the fees and emoluments of his office, for his own personal compen- sation, over and above a proper allowance to his Deputies, APPENDIX (A). 159 which shall in no case exceed three-fourths of the fees and emoluments received as payable for the services rendered by the Deputy to whom the allowance is made, and may be reduced below that rate by the said Secretary of the Inte- rior, whenever the return shall show that rate of allowance to be unreasonable, and over and above the necessary ofBce expenses of the said Marshal, the necessary clerk hire included, also to be audited and allowed by the proper accounting offi- cers of the treasury, a sum exceeding six thousand dollars per year, or at and after that rate for such times as he shall hold the office ; and every such officer shall, with each such return made by him, pay into the treasury of the United States, or deposit to the credit of the Treasurer thereof, as he may be directed by the Secretary of the Interior, any surplus of the fees and emoluments of his office, which his half-yearly return so made as aforesaid shall show to exist, over and above the compensation and allowances hereinbefore autho- rized to be retained and paid by him. And in every case where the return of any such officer shall show that a surplus may exist, the said Secretary of the Interior shall cause such returns to be carefully examined, and the accounts of dis- bursements to be regularly audited by the proper officers of his department, and an account to be opened with such officer, in proper books to be provided for that purpose ; and the allowances for personal compensation for each calendar year shall be made from the fees and emoluments of that year, and not otherwise : And provided, further, that nothing in any existing law of Congress, authorizing the payment of a per diem compensation to a district attorney, clerk of a dis- trict court, or clerk of a circuit court, or Marshal, or Deputy Marshal, for attendance upon the district or circuit courts during their sittings, shall be so construed as to authorize any such payment to any one of those officers for attendance upon either of those courts while sitting for the transaction of business under the bankrupt law merely, or for any portion of the time for which either of the said courts may be held open or in session by the authority conferred in that law ;, 160 APPENDIX (A). and 110 such charge in an account of any such officer shall be certified as payable, or shall be allowed and paid out of the money hereinbefore appropriated for defraying the expenses of the courts of the United States. And no per diem or other allowance shall be made to any such officer for attend- ance at rule days of the circuit or district courts ; 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. * * * * * The bill of fees of clerk. Marshal and attorneys, and the amount paid printers and witnessess, and lawful fees for exemplifications and copies of papers necessarily obtained for use on trial in cases where by law costs are recoverable in favor of the prevailing party, shall be taxed by a judge or clerk of the court, and be included in and form a portion of a judgment or decree against the losing party. Such taxed bills shall be filed with the papers in the cause. In cases where the United States are parties, the Marshal shall, on the order of the court, to be entered in its minutes, pay to the jurors and witnesses all such fees as they may appear by such order to be entitled to, which sums shall be allowed him at the treasury in his accounts. The fees of the Marshals, clerks, commissioners and dis- trict attorneys, in cases where the United States are liable to pay the same, shall be paid on settling their accounts at the treasury, such accounts to be made out and verified by the party under oath, and forwarded to the First Auditor of the Treasury. In prize cases, where there is a condemnation and sale, the costs, so far as they are payable and can be paid out of the proceeds of sale, shall be paid on the order of the court upon the filing of the taxed bills, making them a portion of the record in the case. No district attorney. Marshal or clerk, or their deputies, shall receive any other or greater compensation for any serv- ices rendered by him than is provided in this act; and all acts and parts of acts, allowing to either of them any other APPENDIX (A). 161 or greater fees than is herein provided, are hereby repealed, and to receive any other or greater compensation is hereby declared to be a misdemeanor. And if any officer hereinbe- fore mentioned, or his deputy, shall, by reason or cover of his office, willfully and corruptly demand and receive any otlier or greater fees than those allowed in this act, he shall, on conviction thereof in any court of the United States, for- feit and pay a fine not exceeding five hundred dollars, and be impinsoned not exceeding six months, at the discretion of the court before whom the conviction shall be had. But this shall not be construed to prohibit the payment of any salary authorized by statute. * * That before any bill of costs shall be taxed by any judge or other officer, or allowed by any officer of the treasury, in favor of clerks, Marshals, commissioners or district attorneys, the party claiming such bill shall prove by his own oath, or , some other person having a knowledge of the facts, to be attached to such bill, and filed therewith, that the services charged therein have been actually and necessarily per- formed, as therein stated. * * Sec. 4. And ie it further enacted, that if any person shall falsely take an oath or affirmation in relation to any matter aluthorized by this act, such person shall be deemed guilty of pei'jury, and upon conviction thereof shall suffer the pains and penalties in that case provided. Sec. 5. And le it further enacted, that all laws and regula- tions heretofore made, which are imcompatible with the pro- visions of this act are hereby repealed and abrogated. * * * (Act Feb. 26, 1853, 10 Stat, at L. 164.) Jtjeoes' Fees. For actual attendance at any court or courts, two dollars per day during such attendance. For traveling from their residence to said court or courts, five cents per mile f®r- going, and the same for returning, (Act Feb. 26, 1853, 10 Stat, at L. 168.) 21 162 APPENDIX (A). "Witnesses' Fees. For eacli day's attendance in court, or before any officer pursuant to law, one dollar and fifty cents, and five cents per mile for traveling from his place of residence to said place of trial or hearing, and five cents per, mile for return- ing. When a witness is subpoenaed in more than one cause between the same parties in different suits at the same court, but one travel fee and one per diem compensation shall be allowed for attendance, to be taxed in the first case disposed of, and " per diem" only in the other causes, to be taxed from that time in each case, in the order in which they may be disposed of. (Act Feb. 26, 1853, 10 Stat, at L. 167.) ■ Peintees' Fees. For publishing any statute, notice or order required by law, or the lawful order of any court, department, bureau or other person, in any newspaper, forty cents per folio for the first insertion, and twenty cents per folio for each subsequent insertion. That the compensation herein provided shall include the furnishing lawful evidence, under oath, of pub- lication, to be made and furnished by the printer or publisher making such publication. The term folio, in this act, shall mean one hundred words, counting each figure as a word. "When there are over fifty and under one hundred words, they shall be counted as one folio, but not when there are less, except when the whole statute notice or order contains less than fifty words. (Act Feb. 26, 1853, 10 Stat, at L. 168.) COMMISSIONEES' FeES. For administering an oath, ten cents ; taking an acknowl- edgement, twenty-five cents. For hearing and deciding on criminal charges, five dollars per day for the time necessarily employed. APPENDIX (A). 163 For attending to a reference in a litigated matter in a civil cause at law, in equity, or in admiralty, in pursuance of an order of court, three dollars per day. For taking and certifying depositions to iile, twenty cents for eacli folio of one hundred words, and ten cents per folio for each copy of the same furnished to a party on request. For issuing any warrant, or writ, or any other service, the same compensation as is allowed to clerks for like services. For issuing any warrant under the tenth article of the treaty of the ninth of August, eighteen hundred and forty- two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any of the crimes or offenses set forth in said article, two dollars ; and the same sum for any warrant issued under the provisions of the convention for the surrender of criminals, between the United States and the King of the French, concluded at "Washington on the ninth of November, eighteen hundred and forty-three ; and for hearing and deciding upon the case of any person charged with any offense or crime, and arrested under the provisions of said treaty, or convention, five dollars per day for the time neces- sarily employed. (Act Feb. 26, 1853, 10 Stat, at L. 167.) APPENDIX (B) APPENDIX (B), OEDEE FOE PUBLICATION OF MAESHAL'S H"OTICES. United States Disteict Couet, Noethees- Disteiot of New ToEK. Maech Teem, 1869. It is hereby ordered, that in all cases in which the Marshal is required to publish any notice of any process or proceeding, or any other notice, in any case pending on the common law or admiralty side of this court (other than in cases provided for by law or in the bankruptcy rules), the Marshal or his Deputy shall cause the same to be published as follows, viz. : In all cases in admiralty, except seizure cases, the notice of, or under the first process served or executed therein, shall be published in the county where such property was arrested under such process, and in the newspaper first named in the thirty-eighth general rule in bankruptcy heretofore adopted by this court as one of the newspapers in which notices in bankruptcy cases are, under said rule, to be published in said count}'' ; and in seizure cases in admiralty such notice shall be so published in the county where such seizure is illegal, in the information upon which such process was issued, to have been made, and in the newspaper therein first named in said bankruptcy rule as aforesaid; and all subsequent notices required to be published by the Marshal in either of such cases shall be published in the same paper. In all other 168 APPENDIX (B). than admiralty and bankruptcy cases, and in cases otherwise provided for by law, such notices of or under the first process or proceeding therein, and all subsequent notices in the same cause, shall be published in the county in which the property was arrested or seized as above first provided for in admiralty cases, except that such notices shall be published in the news- paper in such county secondly named in the said thirty-eighth bankruptcy rule, instead of the one firstly therein named. And in all cases where the first process is an execution or other process or order for the sale of real or personal prop- erty, or both, notices of sale under the same shall be pub- lished in the newspaper secondly named in said bankruptcy rules for publication of notices in the county in which such property may be seized under such execution, process or order. In case any other newspaper has been, or shall hereafter be, substituted for one of the newspapers named in said bankruptcy rule, the publications in this rule referred to or provided for shall, in such case, be made in such substituted newspaper instead of the newspaper now mentioned in such bankruptcy rule. But, notwithstanding the provisions hereinbefore con- tained, the judge of this court may in any case by writing, under his hand, direct any additional or different publication of any such notice ; and whenever any such direction shall be given, such notice shall be published according to such direction. And in all cases not provided for by this order, or the general rules of this court, or by law, all such notices shall be published in such newspaper, and in such manner as said judge shall by writing direct ; and in all cases in which such provision has not been made, the Marshal, before pub- lishing such notice, shall apply for and obtain such direction. All notices, unless otherwise provided by law, by the rules of court, or the special order of the court or the judge thereof, shall be published three times, and the first of such publica- tions shall be made at as early a day as may be required by law or the rules and practice of the court. APPENDIX (B). 169 And it is further ordered, that the Clerk certify a copy of the above^ and of this order, and deliver the same to the Marshal of this District, and that in all seizure cases the Clerk shall indorse, on the first process issued therein, the name of the paper in which the notices in such cases are required to be published under the above order. The thirty-eighth rule in bankruptcy, as it stands amended, and in so far as it is applicable to the foregoing order, requires that notices in cases of bankruptcy shall be published in the following named newspapers, viz. : ALBAirr County — In the Albany Evening Journal, and in the Argus. Allegany — In the Angelica Eeporter, and in the Cuba Free Patriot. Beoome — In the Binghamton Daily Eepublican, and in the Binghamton Democrat. Cayuga — In the Auburn Daily Advertiser, and in the Northern Christian Advocate. Cattaeaugus ^ In the Cattaraugus Eepublican, and in the Cattaraugus Union. Chautauqua — In the Jamestown Journal, and in the May- ville Sentinel. Chenango — In the Telegraph and Chronicle, at Norwich, and in the Chenango Union, at Norwich. Chemung — In the Elmira Daily Advertiser, and in the Elmira Daily Gazette. Clinton — In the Plattsburgh Sentinel, and in the Platts- burgh Republican. CoETLAND — In the Cortland Weekly Journal, and in the Cortland County Democrat. Delaware — In the Delaware Eepublican, and in the Dela- ware Gazette. Ekie — In the Buffalo Commercial Advertiser, and in the Buffalo Daily Courier. Essex — In the Essex County Eepublican, and in the Eliza- bethtown Post. , 22 170 APPENDIX (B). Feanklin — In the Malone Palladium, and in the Franklin Gazette. ' , FtJLTON OE Hamiltoit — In the Johnstown Independent, and in the Fulton County Democrat. Genesee — In the Batavia Advocate, and in the Spirit of the Times, published at Batavia. Heekimee — In the Journal and Courier, and in the Her- kimer County Democrat. Jeffeeson — In the Northern New York Journal, and in the Watertown Ke-TJnion. Lewis — In the Journal and Eepublican, published atLow- ville, and in the Lewis County Democrat. Livingston — In the Western New York Advertiser, pub- lished at Dansville, and in the Union and the Constitution, published at Mount Morris. Madison — In the Republican, published at Hamilton, and in the Madison Observer. MoNEbE — In the Rochester Daily Union and Advertiser, and in the Rochester Daily Democrat. Montgomeet — -In the Montgomery County Republican, and in the Montgomery Democrat, published at Fonda. NiAGAEA — In the Lockport Union, and in the Lockport Journal. Ontaeio — In the Ontario Repository and Messenger, at Canandaigua, and in the Geneva Courier. Onieda — In the Utica Morning Herald, and in the Utica Daily Observer. Oswego — In the Oswego Commercial Advertiser and Times, and in the Oswego Palladium. Onondaga — In the Syracuse Daily Standard, and in the Syracuse Daily Courier and Union. Otsego — In the Otsego Republican, and in the Freeman's Journal, published at Cooperstown. Oeleans — In the Orleans American, and in the Orleans Republican. Rensselaee — In the Troy Daily Times, and in the Troy Daily Press. APPENDIX (B). 171 ScHOHAEiE — In the Schoharie Eepublican, and in the Schoharie Union. Schenectady — In the Schenectady Daily Union, and in the Evening Star, published at Schenectady. Saeatoga — In the Saratogian, and in the Saratoga Sen- tinel, published at Saratoga Springs. St. Lawrence — In the Courier and Freeman, published at Potsdam, and in the Ogdensburgh Advance. Seneca — In the Seneca County Courier, and in the Seneca Observer. Steuben — In the Canisteo Valley Times, and in the Steuben Farmers' Advocate. ScHUTLEE — In the Havana Journal, and in the Watkins Independent, or in the Schuyler County Democrat. Tioga — In the Owego Times, and in the Owego Gazette. ToMPKENS — In the Ithaca Journal, and in the Ithaca Democrat. "Washington — In the SalBm Press, and in the Sandy Hill Herald. "Waeren — In the Glens Falls Messenger, and in the Glens Falls Eepublican. Wayne — In the Lyons "Weekly Eepublican, and in the "Wayne Democratic Press. "Wyoming — In the New Yorker, published at "Warsaw, and in the Democrat, published at the same place. Yates — In the Penn Yan Express, and in the Penn Yan Democrat. INDEX, A PAGE. Accounts, to be certified by district judge 52 may be appealed to secretary interior 53 to be forwarded to first auditor when United States are liable for fees 160 Acknowledgments, who have power to take. . .' 24 Actions, of the different kinds of 81 against property, when may be consolidated 83 Admiralty, of actions in 81 of warrant in 33 custody fees in 23 insurance on vessel in 33 clerk district court may make rules in, when 25 when imprisonment for debt allowed in 55 Affidavits, who have power to take 24, 25, 23 Appeal, lies from decision of accounting officer to secretary interior. . . 53 Appraisal, of goods taken on fl. fa 43 Appraisers, fees of 43 Arrest, of 38, 39 proceedings on, of judgment debtor in foreign district 36 Attachment, against witness 31 when may issue against property of postmasters and post- office employees 31 duty of marshal thereunder 33 forms of returns to 91, 93 return to, against witness, form of 136 Attorneys, fees of 53, 153 B Bail, of 33 where should reside 33 may surrender principal, mode of proceeding • • 33 in what cases admitted 34, 35 when may be taken by State judge 34 new, when criminal may be required to give 35 how to procure discharge of, where principal committed in foreign district 36, 37 174 INDEX. FAQE. Bail, delivery on, United States a party 33 who have power to take 24, 34 In civil actions 38 of marshal, liable fOr his acts in both districts after division of State 75 Bailiffs, to be appointed by marshal 157 BaUifif, may be deputized to serve process 79 Bankruptcy, commissioners may take proof of debts in 35 newspapers mentioned in 38th rule of 169 Bond of deputy marshal 19 Bond to marshal, form of, in civil cases 137 c Oa. sa., service of 39 marshal cannot detain defendant for poundage, when 75 returns to, form of 143, 144 Capias, service of bailable 38 service of non-bailable 38 forms of returns to criminal 134, 135 deputy marshal has no right to receive debt on 75 forms of returns to civil 136, 137, 139, 130 Capital cases, where to be tried 53 how many challenges allowed in 60 excessive challenges in, to be disallowed 60 limitations in 64 Oertiora/ri, form of return to writ of 133 Challenges, how many allowed in capital cases 60 how many allowed in other cases 60 to be tried by the court 60, 61 excessive, in capital cases to be disallowed 60 how many allowed in summary trials 61 additional causes of, established 61 Chancellor of State court, may take depositions de bene esse 36 may take bail 34 Circuit court, deputy marshal is an officer of 73 Citizenship, how to procure restoration to, of person convicted of crime 70 Civil suits, for acts done under authority of the President, etc., during late rebellion, when to be commenced 65 Clerk, accounts of, to be certified by district judge 53 in executive department detailed to investigate fraud, may ad- minister oaths 69 Clerks, fees and emoluments of 158 to make return of emoluments every half year 158 fees of, to be allowed to, for each calendar year 159 Clerk of court may tax bills of costs 160 INDEX. ^ 175 PAGE. Clerk of district court, ■wlien may make rules in admiralty 35 Clerks of district and circuit courts authorized to administer oatks, take acknowledgemnts, aflSdavits, depositions 34, 35 of district and circuit courts, wlien may take special tail de bene esse , 35 of district and circuit courts not to be allowed per diem at court sitting in bankruptcy, nor on rule days 159, 160 Common law, of actions at 81 Commissioners, fees of 53, 160 Commissioner authorized to administer oaths 69 how many United States witnesses allowed before 84 when may require recognizance from witness 85 Commissioners authorized to take bail, affidavits, depositions 34, 34 may take proof of debts in bankruptcy 25 authorized to arrest, imprison and bail offenders 80 authority to hold to security of the peace and good behavior 36 authorized to decide cases of extradition 49 may compel witnesses to depose to letters rogatory. ... 88 Commissioners' courts, witness in, when to be paid 30 number witnesses for U. S. allowed in 30 duty of deputy marshal in 30 Consular officer authorized to administer oaths, take aflBdavits, deposi- tions and perform notarial acts 26 Costs, clerk of court may tax bills of 160 billa of, to bo sworn to 161 Court, prisoner to be brought to and from, without process 77 may sentence criminal to State prison or penitentiary, when . . . 78 to appoint criers 15^ Courts of United States have concurrent jurisdiction with State, in many cases °^ Courts of United States authorized to administer oaths 24 Court, Circuit, has no authority to take prisoner from State authority by habeas corpus, when 80 Courts, State, have no authority to take prisoner from United States custody. . ." • SO have concurrent jurisdiction with United States in many cases °" Criers to be appointed by the court 157 compensation of 1" ' to be paid by marshal : • 1^7 to be paid but one per diem when in attendance on both courts. 157 Crimes and offenses, who have jurisdiction of 30 Criminal may be arrested by bail ; mode of proceeding 33 when may be required to give new bail 3» 176 INDEX. PASS. Criminal sentenced for longer than one year may be imprisoned in State prison or penitentiary 77 Criminals, United States, to be subject to same discipline as State pris- oners 77 to be under control of the officers of prison or peni- tentiary 77 to have a deduction of one month per year, when and how 78 Criminal suits for acts done under authority of President, etc., during late rebellion, when to be commenced 65 Criminal cases, judgment or sentence in, to be deemed judgment debt. 59 j udgment or sentence in, may be collected on execution . 59 D Decrees, in United States courts, when cease to be liens 58 Deed of a vessel, form of 113, 114, 116 Deed, when new marshal to execute deed to purchaser 46 Depositions, who have power to take 34, 35, 36 Deputy marshal, form of oath of 17 oath of, before whom to be taken 18 of bond of 19 of bond of, form of 131 books and papers of 19 duty of, at court 30, 31 duty of, on warrant in admiralty 33 is an officer of United States 71 may serve process 79 may return process, as deputy 71 has same powers as deputy sheriff 71 amenable to j urisdictiou of district court 71 amenable to jurisdiction of circuit court 73 to continue in office, on marshal's death 74 may execute process in his hands on marshal's death 48, 75 may complete sale, on death of marshal 48 may serve summons after new marshal appointed, when 73 duty of, on completing sale 83 may be attached for neglect to pay over money 73 may sell "on execution after return day 44 duty of, on arrest and commital of judgment debtor. . 86 duty of, on completing panels of jurors 68 duty of, where State court attempts to usurp jurisdic- tion of prisoner in his hands under extradition 49 INDEX. 177 PAGE. Deputy marslial, duty of, as to appraisal of goods on Ji. fa 43 duty of, on distress warrants 38, 39, 40 duty of, on attachment against property of post- masters, etc ,. 33 has no right to receive debt on eajiias ' 75 See "Marshal." Deputization, form of special _ . 130 Disclaimer, form of I35 Distress warrants, of 3g when and by whom issued 38 duty of deputy marshal on 38, 39, 40 when injunction may issue to stay, mode of proceed- ing 40, 41 form of solicitor's 146 District attorney, fees and emoluments of 152, 158 to make return of emoluments every half year 158 when to certify to materiality of United States wit- nesses 84 accounts of, to be certified by district judge 53 fees of, to be allowed to, for each calendar year 159 to be allowed but'one per diem when district and cir- cuit court sit at the same time 160 not to be allowed per diem at court sitting in bank- ruptcy, nor on rule days 159, 160 District court, deputy marshal is an oiEcer of 71 E Execution of, and proceedings thereon 43 when may run into any other State 45 when may run into any other district 45 marshal's sale on, when may be set aside 45 marshal may sell on, after return day 44 after removal, marshal may sell on 47, 48 deputy make complete sale on, on marshal's death 48 as to liability of marshal on 76 proceedings on, where marshal dies ' . 46 is never completed untU money is made and paid over 47 when imprisonment for debt is allowed on 55 when prisoner may be discharged from imprisonment on . . 55 when interest may be levied on, in civil cases 54 forms of returns to 138, 139, 140 Exemption governed by State laws 44 Equity, of service of writ of subpoena in 80 Extension of time of finding indictments in late rebel States 65 23 178 INDEX. Extradition, who authorized to decide cases of 49 prisoner under, when to be removed 50 prisoner under, when may be discharged 50 expenses of, by whom defrayed 50 certain persons invested with powers of marshal in cases of 51 F Pee, marshal and clerk not to charge fee for the bringing of prisoner into court , 77 Fees, custody, in admiralty 33 who esutitled to, on arrest of fugitive 30 of marshal on attachment of property of postmasters, etc 33 of marshal on committing judgment-debtor from foreign district, 37 of appraisers 43 of attorneys, solicitors and proctors 53, 151 of district attorneys 53, 153 of clerks 53, 153 of marshals '53, 154 and emoluments of district attorneys, clerks and marshals •. . 158 district attorneys, clerks and marshals to make return of, every half year 158 allowance of, to district attorneys, clerks and marshals to be for each calendar year 159 bills of, to be taxed by judge or clerk 160 where United States are liable, to be paid on forwarding accounts to first auditor 160 penalty for demanding excessive 161 bills of, to be sworn to 161 penalty for making false affidavit to bill of 161 of jurors , 53, 161 of witnesses 53, 163 of printers 53, 83, 163 of commissioners 53, 163 Foreman of grand jury to be appointed by court 60 of graijd jury authorized to administer oaths 60 Forfeiture cases, limitation in 64 Forgery of seal or signature of secretary of legation or consular offi- cer, where to be punished 27 Form of returns to attachment 93 of notices of seizure 93, 105 ' of return to warrant of monition , 94 of return to warrant of sale 95, 96 of notice of sale 96 INDEX. 179 PAGE. Form of notice of postponement of sale 97 of bill and affidavit of storekeeper 97 of marsliars bill in information suit 98 of returns to warrant of arrest and monition 103, 104 of return to monition . 106 of notice on monition 106 of retvirn to venditioni exponas 107 of notice of sale 108 of bill and affidavit of ship keeper 108 of returns to warrant in personam , 109, 110 of marshal's bill in admiralty Ill of deed of vessel 113,114, 116 of deputy marshal's bond 131 of returns to criminal capias 134, 185 of disclaimer 125 of returns to civil capias 126, 137, 129, 130 of bond to marshal, civil cases 137 of marshal's bill in civil cases 130 of return to summons 131 of return to writ of subpoena in equity 133 of return to writ of certiorari 133 of return to venire 133 of certificate to jury panels 133 of notice to jurors 184 of return to subpoena ; 184 of subpcena ticket. United States cases 184 of subpoena tickets, private suits 135 of notice to be indorsed on subpcena ticket. United States cases, 135 of receipt for prisoner 136 of attachment against vritness 136 of special deputization 136 of oath to jurors on writ of inquiry 137 of oath to vritnesses on writ of inquiry 137 of writ of inquiry 137 of inquisition 138 of returns to execution .' 138, 139, 140 of indorsement of levy 140 of receipt for property levied on 141 of notice of sale of personal property 143 of notice of sale of real estate 148 of returns of ca. sa., form of 143, 144 of warrant of district judge for removal of prisoner to foreign district 144 of marshal's return to same 146 of solicitor's distress warrant 146 180 INDEX. FAOH. Frauds, limitation of actions for certain 67 Fugitive, proceedings to arrest 39 G (Jrand jury, of how many persons to consist , 59 of, generally 60 when talesmen may be summoned for 60 court to appoint foreman of 60 foreman of, authorized to administer oath 60 H Habeas corpus, marshal bound to make return to, from State court 76 United States court cannot take prisoner from State custody by, when 80 I Indictments, of 53 in capital cases 53 may be found in district or circuit court 53 how many jurors necessary to find 60 may be tried in district or circuit courti 53 in capital cases to be tried in circuit court 53 in capital cases, when to be found 64 in cases not capital, when to be found 64 in late rebel States, when to be found 65 when several charges to be joined in one 54 Injunction, when may issue to stay distress warrant 41 Insurance, on vessel 33 Interest, when may be levied in civil cases 54 Imprisonment for debt, of 55 when allowed 55 where abolished 55 proceedings to discharge from 56 Inquisition, form of 138 J Jails, of 56 when marshal may hire place for 57 expenses for, when allowed to marshal 57 marshal has no control over prisoner committed to State 77 Jail, State, marshal in, no longer in custody of prisoner committed to . 72 marshal not liable for escape of debtor from 72 keeper of, is not deputy of the marshal 72 INDEX. 181 PAOE. Judge of United States, may order discharge of prisoner under extradi- tion, when 50 Judge of United States court, may issue warrant against witness, when 85 when may require recognizance from witness 85, 86 may take bail 34 Judges of the district courts, authorized to decide cases of 49 Judges of the United States supreme and district courts, authorized to hold to security of the peace and good behavior 35 Judges and justices of State courts, authorized to hold to security of the peace and good behavior 35 Judge of State court, may take bail, and when 34 may order discharge of prisoner under extradi- tion, when - 50 authorized to decide cases of extradition 49 Judge of county court, may take depositions de iene esse 26 of court of common pleas, may take depositions de iene esse. ... 26 Judge, chief judge of court of common pleas, may take bail 34 Judgments, in United States courts, when cease to be liens 58 in criminal oases, how may be collected 59 interest, when may bo levied on, in civil cases 54 may be collected from interest of co-partner in the goods 59 Judgment-debtor, proceedings on committal in foreign district 30 how long to be held in custody in foreign district . . 37 Jurors, fees of 52, 161 from what part of district to be drawn 63 writs of venire faoias for, to issue from clerk's oflSce 63 writs of venire facias for, by whom served 63, 63 qualifications of, in United States courts". 63 how designated 63, 63 courts have power to make rules in reference to designation and impaneling of 63 how many challenges to, allowed in summary trials 61 additional causes of challenge to, established 61 challenges to, to be tried by the court 60 challenges to, how many allowed in capital cases 60 excessive, in capital cases, to be disallowed ,. 60 to be paid by marshal 160 duty of deputy marshal on completing panels of 63 how summoned in northern district of New York 63 Jury, grand, of how many persons to consist 59 when talesmen may be summoned for 60 court to appoint foreman of 60 foreman of, authorized to administer oaths 60 of grand, generally CO 182 INDEX. TAGE, Jury panels, form of certificate to 1S8 Jurisdiction of United States and State courts 80 Justice of United States court, when may require recognizance of wit- ness 85 Justice or judge of United States authorized to arrest, imprison and bail offenders SO Justice or judge of United States court may take depositions de hens esse : 36 Justice or judge of State court may take depositions de iene esse 26 Justices of tke supreme court authorized to decide cases of extradition, 49 Justice of the peace authorized to arrest, imprison and bail offenders . . 30 Juvenile offenders to be confined in house of refuge 78 L Letters rogatory, commissioners may compel witness to depose to 88 Levy may be made on interest of copartner in the goods 59 indorsement of, form of 140 Liability, as to, of marshal on execution 76 Lien, when to run, in case of officers failing to pay over money S9 when sheriff has prior 59 when judgments and decrees in United States courts cease to be liens 58 Limitation, in capital cases .' 64 in capital cases, when to take effect 64 in cases not capital 64 in penalty and forfeiture cases 05 of suits on marshal's bonds 66 of suits against sureties of postmasters, not considered as running in any State in rebellion 66 of suits against sureties of postmasters 67 of actions for certain frauds 67 of suits for acts done under authority of the President, etc., during the late rebellion 05 of actions during the late rebellion, explained and defined. 66 M Marshal, may appoint special deputy 79 to appoint bailiffs 157 to be allowed fees for summoning jurors, United States wit- , nesses, defendant's witnesses, and for maintenance of pris- oners 155 fees of 52, 154 to be allowed expenses of holding courts 158 to be allowed expenses of rent, furniture, etc., how much 158 INDEX. 183 PAGE. Marshal, fees and emoluments of igg to make return of emoluments every half year 158 to he allowed expenses for endeavoring to arrest criminal ... 157 fees of, to be allowed to, for each calendar year 159 not to charge fee for bringing prisoner to and from court 77 not to be allowed per diem at court sitting in bankruptcy, nor on rule days igg, igq may accept actual expenses in lieu of fees 155 accounts of, to he certiiied by district judge 53 to pay jurors and witnesses 160 to pay defendant's witnesses, when 84 where, or deputy is a party, process to be directed to disinter- ested person 80 as to liability of, on execution 76 may levy on interest of copartner in the goods 59 sheriff has prior lien over, when 59 cannot detain defendant on ca. sa. for poundage, when 75 has power to summon posae comitatus 73 to be allowed expense for transportation of convicts, etc. ..... 58 to return writ for removal of prisoner, to the 'clerk of the dis- trict to which removal is made 79 to transport juvenile offenders to house of refuge 78 is no longer in custody of prisoner committed to State jail. . . 73 has no control over prisoner committed to State jail 77 not liable for escape of debtor from State jail 73 keeper of the State jail is not deputy of the 73 is responsible only for his own and deputies' acts. . . .' 73 responsible for delivery of prisoner to his successor 75 penalty on, for allowing prisoner to escape 73 to deliver copy of process on committing prisoner 78, 79 to deliver copy of process on removing prisoner 79 bound not to obey State process 76 when may hire jails 57 when to be allowed expenses for jails 57 to make return to habeas corpus from State court 76 have same powers as sheriffs 71 is not removed until he receives notice ,74 certain persons invested with powers of, in cases of extradi- tion 51 to give notice of seizure 81 to give notice of salo 83 marshal's duty on employing storekeeper 83 publication of notices of, in northern district New York. . 83, 167 to serve writs of venire facias 68 limitation of suits on bond of 66 has no authority to warrant '''4 184 INDEX. PAGE. Marshal to /execute warrant against witness 86 continued in ofl&ce as marshal of both districts after division of State'. ■ 75 in case of death of, deputies to continue in ofiice 75 executor or administrator of, to have remedy against deputy for malfeasance (see " Deputy Marshal ") 74 Marshal's bill, form of, in civil cases 130 form of, in admiralty Ill form of, in information suit 98 Magistrate of any State authorised to arrest, imprison and bail oflfenders 30 Mayor of a city may take depositions de lene esse 26 may take bail 34 Monition, form of return to 106 Name, law knows of but one christian 68 aiiix " Jr.," not essential to 68 Newspapers, mentioned in 38th bankruptcy rule 169 Notaries public, authorized to take depositions , 24 authorized to administer oaths 68 seal and signature of, nc^t sufficient evidence in cases of perjury . .' 68 Notice, of sale by marshal 83 of sale, forms of 96, 108 of sale, how many days to be published 82 of sale of personal property, form of 142 of sale of real estate, form of 148 of postponement of sale, form of 97 of seizure by marshal, form of 82 of seizure, forms of 93, 105 to jurors, form of 184 of sale on venditioni exponas ; 38 marshal is not removed until he receives 74 on monition, form, of 106 to be indorsed on subpoena ticket. United States cases, form of. 135 Notices, of, publication of marslial's, in northern district, New York 83, 161 o Oath, of deputy marshal, form of 17 of dqputy marshal, before whom taken 18 Oaths, who have power to administer 34, 25, 36 may be taken before notary public 68 may be taken before commissioner -. 69 INDEX. 185 Oaths may be taken before any department clerk or oiEcer detailed to investigate frauds 69 foreman of grand jury authorized to administer 60 Office, deputy marshal to continue in, on death of marshal 74 Officer, of United States, when not to receive pay as witness 84 of United States courts, when not entitled to witness fees 85 Officers of United States, when clerks and other, not entitled to fees as witness 87 Officers of courts, of 81 P Panels, duty of deputy marshal on completing 63 Pardons, the President alone has power to grant 69 mode of proceeding to obtain 69 may be granted by President as to either part of sentence . . 70 Penalty cases, limitation in 64 Penalty for allowing prisoner to escape 73 for attempting rescue of prisoner received from foreign gov- ernment 51 for making false affidavit to bill of costs 159 for demanding excessive fees 159 Pequry before secretary of legation or consular officer, where to be punished ■. 27 seal and signature of notary not sufficient evidence in cases of, 68 Postmasters, limitations of suits against sureties of, not considered as running in any State in rebellion 60 limitation of suits against sureties 67 Poundage, marshal cannot detain defendant for, on ca, sa., when 75 Power, marshal has, to summon posse comitatus 73 Powers of marshals and deputies same as sheriffs and deputies 72 of President in matters of extradition 50 Practice, of 44 President, powers of, in matters of extradition 50 alone has power to grant pardons 69 may grant pardons as either part of sentence 70 Printers, fees of 53, 160 Printer's fees, publishing notice of seizure 83 publishing notice of sale 83 Prison, officers of State, and penitentiaries to have exclusive jurisdic- tion over United States prisoners 77 Prisoner, removal of, from foreign district 29, 30 to be brought to and from court without process 77 ' only one writ necessary for arrest and committal of 79 only one writ necessary for removal of, from one district to another 79 24 186 INDEX. PAGE. Prisoner, when committed to jail marshal to deliver a copy of the writ, 78 marshal no longer in custody of, when committed to State jail , 72, 77 under extradition, when to be removed 50 under extradition, when may be discharged 50 penalty on marshal for allowing escape of 73 received from foreign government, penalty for attempting rescue of 61 marshal bound to make return to habeas corpus for 76 Prisoners, marshal responsible for delivery of, to his successor 75 sentenced in United States courts, where to be imprisoned . 58 sentenced in United States courts, where may be imprisoned, 58 United States, to be subject to same discipline as those of State and to be under control of officers of the prisons. . . 77 Process, how and where served 79 execution and return of 19 not to be altered 21 of final, and proceedings thereon 43 deputy marshal bound to execute, as directed 75 may be returned by deputy marshal as deputy 71 deputy may execute, in his hands on marshal's death 48, 75 marshal may execute, in his hands on removal 48 marshal to deliver copy of, on committing prisoner 78 to be returned by marshal with his return indorsed 78 division of, as ,to liability of marshal 76 only one necessary for removal of prisoner from one district to another 79 when marshal or deputy is a party, to be directed to disinter- ested person 80 where marshal to return, for removal of prisoner from one dis- trict to another ~ 79 only one necessary for arrest and committal of prisoner 79 marshal is bound not to obey State 76 Publication of marshal's notices in northern district New York 165 R Receipt for prisoner, form of 136 for property levied on, form of 141 Registers in bankruptcy authorized to administer oaths 25 Return, marshal to make, to process 78 of, to mnditioni exponas 33 Rule, newspapers mentioned in the 38th bankruptcy, rule 167 s Sale, marshal's duty on 83 duty of deputy marshal on completing 83 notice of, how many days to be published 82 when new marshal to perfect 46 marshal may make, after his removal 47, 48 INDEX. ] 87 TAOTS. Sale, deputy may complete, on death of marslial 48 Seamen, what compensation allowed to, as witnesses 87 when to be allowed sustenance and transportation as witness, 88 Security of the peace, who may hold to 35 Secretary of interior may designate prisons for confinement of United States convicts 58 to approve of deduction from sentence of United States criminals 78 to designate house of refuge for confinement of juvenile offenders 78 Secretary of legation, authorized to administer oaths, take affidavits, depositions and perform notarial acts 36 Seizure, of 80 marshal's duty on making 81 Sentence, of criminal for more than one year, may be to State prison or penitentiary 77 expenses of sentence to be paid by United States 78 United States criminals to have deduction of one month per year from, when and how 78 Sentence fine, how may be collected 59 SheriflF, has prior lien, when 59 Ship-keeper, form of bill and affidavit of 108 Solicitor of the treasury, when to issue distress warrants 38 in discretion of, to issue distress warrants 43 form of distress warrant of 146 Special bail, when clerks of district and circuit courts may take 35 State court, has no jurisdiction over prisoner in custody of marshal under extradition 49 Store-keeper, marshal's duty on employing 83 amount to be paid , , 83 form of bill and affidavit of 97 Subpoenas, by whom issued 31 where to run 88 In civil cases, where to run 83 as many names of witnesses to be inserted in, as possible . . 158 for defendant's witnesses, when may be ordered at United States expense 83 form of return to 134 Subpoena in equity, form of return to writ of - 183 Subpoena ticket, United States cases, form of 134 private suits, form of 135 Summons, when deputy marshal may serve summons after new marshal appointed ' " form of return to 13 T Talesmen, when may be summoned for grand jury 60 Terms, of the definition of certain "^ 188 INDEX. V PAGE. Venditioni exponas, notice of sale under 23 of return to 23 of return to, form of 107 Venire, form of return to 133 Venire facias, writs of, to issue from clerk's oflBce 63 to be served by marshal or Ms deputy , 62 when to be served by some other person 63 w Warrant, when and by whom warrant may issue against 86 marshal has no authority to 74 there is no, on marshal's sale 45 in admirjilty, duty of deputy marshal on , 23 of monition, form of return to - 94 of sale, forms of returns to 95, 96 of district judge to remove prisoner to foreign district, form of, 144 of district judge to remove prisoner to foreign district, form of return thereto 146 of arrest and monition, forms of return to 103, 104 in personam, forms of returns to 109, 110 Witness, for United States to be subpoenaed generally 86 for United States to appear before either jury as required ... 86 detained witness, to what compensation entitled 87 not to be excluded on account of color 84 fees of '. 52, 160 to be paid by marshal 158 as many names to be inserted in subpcena as possible 153 United States, how many allowed before commissioner 84 for United States in commissioner's court, when to be paid . . 20 for United States in commissioner's court, number allowed. . 20 for United States to be subpoenaed but once 21 when and by whom may be required to give recognizance, 85, 86 attachment against 31 for defendant detained, entitled to same fees as United States witnesses 85 for defendant, when may be subpoenaed at United States expense 83 when officer of United States courts not entitled to fees as, 84, 85 clerks and other United States officers, when not entitled to fees as 87 seamen, what compensation allowed to as 87 seamen, when to be allowed sustenance and transportation as, 88 Writ of inquiry, form of oath to jurors on 137 form of oath to witnesses on 137 form of return to. 137 Writ of subpoena, of service of, in equity 80