2. It is enacted by the act to establish the judicial courts of the United States, 1 Story's L. U. S. 53, as follows:
27.
That a marshal shall be appointed, in and for each district, for the
term of four years, but shall be removable from office at pleasure whose
duty it shall be to attend the district and circuit courts, when
sitting therein, and also the supreme court in the district in which
that court shall sit: and to execute throughout the district, all lawful
precepts directed to him, and issued under the authority of the United
States, and he shall have power to command all necessary assistance in
the execution of his duty, and to appoint, as there shall be occasion,
one or more deputies, who shall be removable from office by the judge of
the district court, or the circuit court sitting within the district,
at the pleasure of either. And before he enters on the duties of his
office, he shall become bound for the faithful performance of the same,
by himself and by his deputies, before the judge of the district court,
to the United States jointly and severally, with two good and sufficient
sureties, inhabitants and freeholders of such district, to be approved
by the district judge, in the sum of twenty thousand dollars, and shall
take before said judge, as shall also his deputies, before they enter on
the duties of their appointment, the following oath of office: "I, A B,
do solemnly swear or affirm, that I will faithfully execute alI lawful
precepts directed to the marshal of the district of________under the
authority of the United States, and true returns make; and in all things
well and truly, and without malice or partiality, perform the duties of
the office of marshal (or marshal's deputy, as the case may be) of the
district of _________ during my continuance in said office, and take
only my lawful fees. So help me God."
3.
- 28. That 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 execute and
return the same. And in case of the death of any marshal, his deputy or
deputies, shall continue in office unless otherwise specially removed;
and shall execute the same 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,
as before directed, by the marshal who appointed them; and the executor
or administrator of the deceased marshal, shall have like remedy for the
defaults and misfeasances in office of such deputy or deputies during
such interval, as they would be entitled to if the marshal had continued
in life, and in the exercise of his said office, until his successor
was appointed, and sworn or affirmed: 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, notwithstanding, 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 successors 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.
4.
By the act making certain alterations in the act for establishing the
judicial courts, &c. passed June 9, 1794, 1 Story's L. U. S. 865, it
is enacted,
7.
That so much of the act to establish the judicial courts of the United
States, as is, or may be, construed to require the attendance of the
marshals of all the districts at the supreme court, shall be, and the
same is hereby repealed: And that the said court shall be attended,
during its session, by the marshal of the district only, in which the
court shall sit, unless the attendance of the marshals of other
districts shall be required by special order of the said court.
5. The act of February 28, 1795, 1 Story's L. U. S. 391, directs,
9.
That the marshals of the several districts, and their deputies, shall
have the same powers, in executing the laws of the United States, as
sheriffs and their deputies, in the several states, have by law in
executing the laws of the respective states.
6.
There are various other legislative provisions in relation to the
duties and rights of marshals, which are here briefly noticed with
reference to the laws themselves.
7.
- 1. The act of May 8, 1792, s. 4, provides for the payment of expenses
incurred by the marshal in holding the courts of the United States, the
payment of jurors, witnesses, &c.
8.
- 2. The act of April 16, 1817, prescribes the duties of the marshal in
relation to the proceeds of prizes captured by the public armed ships
of the United States and sold by decree of court.
9.
- 3. The resolution of congress of March 3, 1791; the act of February
25, 1799, s. 5; and the resolution of March 3, 1821; all relate to the
duties of marshals in procuring prisons, and detaining and keeping
prisoners.
10.
- 4. The act of April 10, 1806, directs how and for what, marshals
shall give bonds for the faithful execution of their office.
11.
- 5. The act of September 18, 1850, s. 5, prescribes the duties of the
marshal in relation to obeying and executing all warrants and precepts
issued under the provisions of this act, and the penalties he shall
incur for refusing to receive and execute the said warrants when
rendered, and for permitting the fugitive to escape after arrest, Vide
Story's L. U. S. Index, h. t.; Serg. Const. Law, ch. 25; 2 Dall. 402;
United States v. Burr, 365; Mason's R. 100; 2 Gall. 101; 4 Cranch, 96; 7
Cranch, 276; 9 Cranch, 86, 212; 6 Wheat. 194; 9 Wheat. 645; Minot,
Stat. U. S. Index, h. t.
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