14. Accounts must be rendered covering the disbursements made up to and including the day preceding the day of qualification and entrance upon duty under the new appointment, the books closed, and all balances turned into the Treasury. New accounts should be opened upon the books, and the records therein continued under the new appointment and bond just as would be done if the new appointee were some person other than the former appointee.

15. Disbursements made up to the day preceding the day of qualification and entrance upon duty under the new appointment should cover as far as practicable all fees earned and expenses incurred up to said date. Items, however, that have been so earned or incurred, which it is impracticable to pay prior to the date of entrance upon duty under the new appointment, must be paid from funds advanced and included in accounts rendered under said new appointment, notwithstanding the fact that the fees or expenses were earned or incurred prior to the date of entrance upon duty under said new appointment. 16. In selecting the date for entrance upon duty under a new appointment, it should be borne in mind that it will be necessary to make a brief break in the continuity of payments. If the new commission is received by the judge and becomes effective prior to and near the close of any given quarter, it is desirable to qualify and enter upon duty thereunder upon the first day of the succeeding quarter, in order to avoid the rendition of accounts for a portion of a quarter, provided that in cases where a marshal holds office under a recess appointment, the commission under which he is acting does not expire before the close of the quarter.

TERM OF OFFICE-VACANCIES.

17. Marshals holding recess appointments will note that they may continue in office under said appointments until the close of the next session of the United States Senate subsequent to said appointment, and no longer.

18. Under the provisions of the act of June 24, 1898 (30 Stat. L., 487), United States marshals who have been commissioned for a term of four years may continue to discharge the duties of their respective offices until their successors have been appointed and have assumed duties.

19. A vacancy arising in the office of marshal by reason of the death of the marshal, may be filled under the provisions of the act of June 24, 1898, by the district court of the district, if the vacancy arises in a State, by the supreme court of the territory if arising in a Territory, or by the supreme court of the District of Columbia, if arising within the District of Columbia.

POWERS.

20. See paragraphs 32, 33, 34, and 36 post.

DUTIES.

21. It is the duty of the United States marshal to attend the several terms of court in person, in so far as may be practicable, to execute or cause to be executed all lawful precepts directed to him and issued under the authority of the United States, to promptly defray judicial expenses, and to perform such other duties as may be required by law or regulation; detailed instructions concerning which will be found elsewhere under appropriate headings.

22. It is the duty of the marshal, whenever practicable, to aid personally in serving the process and orders of the courts.

23. An economical and satisfactory administration of the office of United States marshal depends largely upon the degree of personal attention which the marshal gives to the duties of his office and upon the honesty and efficiency of the deputies employed.

24. The Department expects and must require United States marshals to attend daily and in person at their offices, unless engaged in the service of process or in attendance upon court or elsewhere on official business. The Department also expects and must require United States marshals to exercise personal supervision over and be fully informed as to the transaction of official business, to which they must give proper daily attention.

25. It is expected of the marshal that he will carefully examine or cause to be carefully examined the accounts of each of his deputies and personally make such other investigation from time to time as will enable him to ascertain whether his field deputies are in fact performing personally all the services for which they are claiming credit, whether all travel for which mileage is charged has been actually made, and whether the actual expenses for which credit is claimed have been in fact incurred, as indicated by the receipts furnished. The marshal is responsible for any incompetency, neglect of duty, dishonest practice, or fraudulent practice of his deputies. He should remove at once any deputy who is incompetent, inattentive to his duties, or whom he has reason to believe guilty of any fraud or dishonesty.

RETIRING MARSHAL.

26. When a marshal goes out of office he must turn over to his successor all Government property, such as letters and copies of letters relating to official business, official papers, books, office furniture,

handcuffs, leg irons, etc., and take his receipted inventory thereof. This inventory should be forwarded to the Attorney-General, in order that final action may be taken upon his accounts.

27. The act of March 3, 1899 (30 Stat. L., 1237), provides:

That hereafter all unserved process remaining in the hands of a United States marshal or his deputies, when the marshal ceases to be such, shall be immediately delivered to the succeeding marshal upon request; and when a deputy United States marshal resigns or is removed, he shall, upon request, deliver to the United States marshal for the district all process remaining in his hands.

28. A retiring marshal should, as soon as practicable, procure from each of the clerks of the courts in his district a certificate showing that he has returned all process, except that turned over to his successor upon request, and that he has accounted properly for all money collected by him on executions, or otherwise, and forward the same to the Auditor for the State and Other Departments. Such certificate should be accompanied with a receipt from the succeeding marshal for all process turned over to him in accordance with the above provision of law.

29. All resignations should be explicit in terms. A resignation "to take effect June 30" is not the same in effect as a resignation "to take effect July 1." It should be written "to take effect at the close of June 30," if that is the intention. In the payment of salaries by the disbursing clerk all ambiguous resignations are construed most strongly against the parties writing them.

30. See paragraphs 170 and 171 as to disbursements.

TEXT OF CERTAIN STATUTES RELATIVE TO THE APPOINTMENT, POWERS, AND DUTIES OF UNITED STATES MARSHALS.

31. SEC. 779. Marshals shall be appointed for a term of four years.

32. SEC. 1876. There shall be appointed a marshal for each Territory. He shall execute all process issuing from the Territorial courts when exercising their jurisdiction as circuit and district courts of the United States. He shall have the power and perform the duties, and be subject to the regulations and penalties, imposed by law on the marshals for the several judicial districts of the United States. He shall hold his office for four years and until his successor is appointed and qualified, unless sooner removed by the President.

33. SEC. 787. It shall be the duty of the marshal of each district to attend the district and circuit courts when sitting therein, 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.

34. SEC. 788. The marshals and their deputies shall have, in each State, the same powers, in executing the laws of the United States, as the sheriffs and their deputies in such State may have, by law, in executing the laws thereof.

35. SEC. 789. 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 is appointed, as provided in this chapter, and duly qualified. The defaults or misfeasances in office of such deputies in the meantime shall be adjudged a breach of the condition of the bond given 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 deputies, during such interval, as he 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 duly qualified.

36. SEC. 790. Every marshal or his deputy, when removed from office, or when the term for which the marshal is appointed expires, 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 responsible for the delivery to his successor of all prisoners who may be in his custody at the time of his removal, or when the term for which he is appointed expires; and for that purpose he may retain such prisoners in his custody until his successor is appointed and duly qualified.

37. SEC. 791. Every marshal shall, within thirty days before the commencement of each term of the circuit and district courts in his district, make returns to the Solicitor of the Treasury of the proceedings had upon all writs of execution, or other process, which have been placed in his hands, for the collection of moneys adjudged and decreed to the United States in said courts, respectively.

38. SEC. 792. Every marshal to whom any execution upon a judgment in any suit for moneys due on account of the Post-Office Department has been directed shall make returns to the Sixth Auditor [now Auditor for the Post-Office Department], at such times as he may direct, of the proceedings which have taken place upon the said process of execution.

39. Act of June 24, 1898 (30 Stat. L., 487):

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the attorneys and marshals of the United States, including the District of Columbia and the Territories, shall continue to discharge the duties of their respective offices, unless sooner removed by the President, until their successors shall be appointed and qualify in their stead. But they shall be appointed and commissioned for the term of four years, as now provided by law.

40. SEC. 2. That in case of a vacancy in either of said offices, the district court of the United States for the district where such vacancy exists, the supreme court of the Territory, and the supreme court of the District of Columbia, may appoint persons to exercise the duties of such offices within their respective jurisdictions until such vacancy shall be filled.

41. Act of June 20, 1874 (18 Stat. L., 109):

SEC. 2. That every clerk of the circuit or district court of the United States, United States marshal, or United States district attorney shall reside permanently in the district where his official duties are to be performed, and shall give his personal attention thereto; and in case any such officer shall remove from his district, or shall fail to give personal attention to the duties of his office except in case of sickness, such office shall be deemed vacant: Provided, That in the southern district of New York said officers may reside within twenty miles of their districts.

TEXT OF CERTAIN STATUTES RELATIVE TO THE OFFICIAL BONDS OF UNITED STATES MARSHALS.

42. Section 2 of the act of February 22, 1875 (18 Stat. L., 333):

That whenever the business of the courts in any judicial district shall make it necessary, in the opinion of the Attorney-General, for the clerk or marshal to furnish greater security than the official bond now required by law, a bond in a sum not to exceed forty thousand dollars shall be given, when required by the AttorneyGeneral, who shall fix the amount thereof.

43. Section 1 of the act of August 13, 1894 (28 Stat. L., 279):

That whenever any recognizance, stipulation, bond, or undertaking conditioned for the faithful performance of any duty, or for doing or refraining from doing anything in such recognizance, stipulation, bond, or undertaking specified, is by the (1) laws of the United States required or permitted to be given with one surety, or with two or more sureties, the execution of the same or the guaranteeing of the performance of the condition thereof shall be sufficient, when executed or guaranteed solely by a corporation incorporated under the laws of the United States, or of any State having power to guarantee the fidelity of persons holding positions of public or private trust, and to execute and guarantee bonds and undertakings in judicial proceedings: Provided, That such recognizance, stipulation, bond, or undertaking be approved by the head of department, court, judge, officer, board, or body, executive, legislative, or judicial required to approve or accept the same. But no officer or person having the approval of any bond shall exact that it shall be furnished by a guarantee company or by any particular guarantee company.

44. Act of March 2, 1895 (28 Stat. L., 807):

Hereafter every officer required by law to take and approve official bonds shall cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary.

45. Hereafter every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strengthened oftener if he deem such action necessary. In the discretion of such officer, the requirement of a new bond may be waived for the period of service of a bonded officer after the expiration of a four-year term of service, pending the appointment and qualification of his successor: Provided, That the nonperformance of any requirement of this section on the part of any official of the Government shall not be held to affect in any respect the liability of principal or sureties on any bond made or to be made to the United States: Provided further, That the liability of the principal and sureties on all official bonds shall continue and cover the period of service ensuing until the appointment and qualification of the successor of the principal: And provided further, That nothing in this section shall be construed to repeal or modify section thirty-eight hundred and thirty-six of the Revised Statutes of the United States.

OFFICIAL RESIDENCE.

46. Section 12 of the act of May 28, 1896 (29 Stat. L., 183), provides that the marshal's official residence shall be deemed to be at one of the