88. "The marshal, immediately after making any appointment or appointments under this section, shall report the same to the Attorney-General, stating the facts as distinguished from conclusions constituting the reason for such appointment, and the AttorneyGeneral may at any time cancel any such appointment as the public interest may require."

89. Marshals should exercise great care in the selection and employment of field deputies.

90. Field deputies must be located at various places throughout the district, with a view to economy and efficiency in the conduct of the public business. Usually, they should have their headquarters near the center of the territory to be covered by them in the service of process.

91. Immediately upon the appointment of a field deputy the marshal must make a report to the Attorney-General, stating the facts constituting the reason for such appointment.

92. Such report must also state:

1. The name and age of the proposed employee.

2. His residence and occupation at the time of appointment.

3. Where it is proposed to fix the place of his official headquarters. 4. The territory which will be covered by him in the service of process.

93. Appointments of field deputy marshals other than as the public interest may require will be canceled.

94. Whenever a field deputy resigns, is suspended or dismissed, or whenever a change of his official headquarters is made, the marshal must notify the Department immediately, giving the date of such resignation, suspension, dismissal, or change of official headquarters, and in case of suspension or removal the cause thereof must be stated. 95. When a field deputy is removed or dismissed because of official misconduct, he must not again be employed in any capacity wherein his compensation is to be paid by the United States, unless specific authority has first been obtained from the Attorney-General.

OATH OF OFFICE.

96. Before entering upon his official duties a field deputy must take the following oath of office on Form 10:

I,

District of...

do solemnly swear 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 deputy United States marshal of the...... district of......................, during my continuance in said office, and take only my lawful fees; and that I will support and defend the Constitution 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 reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter: So help me God.

Sworn to and subscribed before me, this......day of..

.., deputy marshal, entered upon the

I certify that the above-named.. performance of his official duties the.................. ...day of...

United States Marshal.

97. The oath must be executed in duplicate. The original should be filed with the clerk of the United States district court, and the duplicate sent to the Attorney-General.

98. The United States marshal should fill out and sign the certificate at the bottom of Form 10, giving the date upon which the deputy entered upon the performance of his official duties.

TERM OF OFFICE.

99. The term of a field deputy marshal appointed under section 11 of the act of May 28, 1896, expires with that of his principal, except for the purposes named in sections 789 and 790, Revised Statutes.

100. When an incoming marshal desires to retain the services of any person who was a field deputy under his predecessor, he should give him a new appointment and require him to take an oath in the manner above prescribed.

101. And whenever a marshal is reappointed and takes a new oath, he should, if he desires to retain the services of his deputies, and in order that they may be entitled to compensation, reappoint such deputies and cause them to qualify on the date he assumes duties under his new appointment, or as soon thereafter as practicable, in the same manner as under an original appointment.

102. Under section 790, Revised Statutes, a marshal is authorized to pay the deputies of his predecessor for services of precepts which have actually been delivered to them, or to the marshal before the latter went out of office, whether such precepts as were then in the marshal's possession were in fact turned over to the deputies before the marshal went out of office or not. (Comp. letter to Millikan, W. N. Car., Aug. 31, 1897.)

103. An act approved 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.

COMPENSATION.

104. Section 11 of the act of May 28, 1896 (29 Stat. L., 182), provides that each field deputy shall receive as his compensation

* * * three-fourths of the gross fees, including mileage, as provided by law, earned by him, not to exceed one thousand five hundred dollars per fiscal year, or at that rate for any part of a fiscal year;

105. and in addition shall be allowed his actual necessary expenses, not exceeding two dollars a day, while endeavoring to arrest, under process, a person charged with or convicted of crime;

106. Provided, That a field deputy may elect to receive actual expenses on any trip in lieu of mileage.

107. Provided, That in special cases, where in his judgment justice requires, the Attorney-General may make an additional allowance, not, however, in any case to make the aggregate annual compensation of any field deputy in excess of twenty-five hundred dollars, nor more than three-fourths of the gross fees earned by such field deputy.

108. For details as to the compensation and accounts of field deputies, see page 80.

109. For the maintenance of the United States courts Congress annually appropriates money under the following heads: Salaries, fees and expenses of marshals; Fees of jurors; Fees of witnesses; Support of prisoners; Pay of bailiffs, etc., and Miscellaneous expenses, United States courts.

110. Advances from each of these appropriations, and in certain cases from other appropriations, are made through the Attorney-General to marshals upon their requisitions.

111. Regular quarterly requisitions for funds should be prepared upon the printed blanks furnished for this purpose, and forwarded in time to reach the Department about twenty days prior to the close of each quarter, in order that there may be ample time for the transmission of a warrant by mail and in the ordinary course of business.

112. Requisitions should also be prepared and forwarded immediately upon assuming official duties, and also at any time when it becomes apparent that by reason of unforeseen contingencies or miscalculation in estimating quarterly expenses the funds on hand will be insufficient to promptly defray the expenses of the then current quarter.

113. It is the marshal's duty to advise the Department in every instance, whenever it becomes apparent that more money will be needed for current expenses, by telegram, if necessary.

114. In cases where the condition of the appropriations or other considerations render it impracticable to advance at once the entire amount requested for any given quarter, action will be taken upon the requisition from time to time, and such amounts advanced thereon

as circumstances may warrant until the full amount actually needed shall have been received by the marshal.

115. Whenever it is estimated that the prospective expenses under any appropriation for a given quarter will greatly exceed those for the corresponding quarter of the previous fiscal year, the regular quarterly requisition must be accompanied by a statement explaining the conditions giving rise to the anticipated increase.

116. Judiciary funds for any given fiscal year may be advanced until September 30 of the following fiscal year.

117. Claims against the Government on account of fees earned or expenses incurred during any given fiscal year, remaining unpaid after September 30 of the following fiscal year, should be rendered as directed in paragraphs 953 to 957.

RECEIPTS AND DEPOSITS.

118. Every disbursing officer of the United States who deposits any public money intrusted to him in any place or in any manner, except as authorized by law, becomes liable to fine or imprisonment, or both, in accordance with the provisions of section 5488, Revised Statutes.

119. Hereafter funds advanced for disbursement will be placed to the credit of United States marshals with the assistant United States treasurers and other depositaries, and the warrants will be sent direct to said depositaries instead of to the marshals.

120. If a change of depositary is desirable, the marshal must communicate with the Department, stating fully why it is deemed expedient to make the change in question.

121. Amounts disallowed in the accounts of United States marshals, unexpended balances under the several judiciary appropriations for a past fiscal year which will not be needed for disbursement, all amounts standing to the official credit of the marshal when his term of office expires or when he assumes duties under a new appointment, and all amounts standing to the official credit of the marshal under bond of a given date after a new bond with different sureties has been executed must be deposited to the credit of the Treasurer of the United States, with personal credit to the United States marshal. If, however, an item is repaid which has not been disallowed, it should be deposited without personal credit.

122. When the moneys to be deposited as mentioned in the next preceding paragraph stand to the official credit of the United States marshal in a United States depository, or with the Treasurer or an assistant treasurer of the United States (as it is assumed they will in all cases), the marshal should draw an official check and make the same payable to the bank itself (giving its corporate name), or to the Treasurer or assistant treasurer of the United States (if the money is in the Treasury