Other provisions of section 524 of title 28, U. S. C., 1940 ed., are incorporated in sections 505 and 751 of this title. Other provisions of section 643 of title 48, U. S. C., 1940 ed., are incorporated in sections 133, 501 and 504 of this title. Parts of said section 863 remain in said title 48. For remainder of said section, see Distribution Table. Changes were made in phraseology.

SECTION 542-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 492 and 493 (R. S. § 780; Aug. 8, 1888, ch. 792, § 4, 25 Stat. 390; May 28, 1896, ch. 252, §§ 10, 11, 29 Stat. 182; June 1, 1900, ch. 601, § 4, 31 Stat. 250; Feb. 19, 1909, ch. 161, 35 Stat. 640; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Mar. 4, 1911, ch. 269, 36 Stat. 1355).

This section consolidates sections 492 and 493 of title 28, U. S. Č., 1940 ed.

Section 492 of title 28, U. S. C., 1940 ed. authorized the marshal to appoint field deputies and report the appointments to the Attorney General who could "at any time cancel any such appointment as the public interest may require."

Section 493 of title 28, U. S. C., 1940 ed., did not include any mention of the office deputies holding office at the pleasure of the marshals and the Attorney General.

Since, however, each marshal's bond covers both field and office deputies, there is no apparent reason for any distinction with respect to tenure or method of appointment.

* *

Such phrases as "when the public interest requires" and the requirement that each marshal shall in his report or recommendation "state the facts as distinguished from conclusions, showing necessity for the same" were omitted as surplusage since presumably the Attorney General makes all such appointments in the public interest and only upon a showing of necessity.

Words "on the recommendation of the marshal" in section 493 of title 28, U. S. C., 1940 ed., were omitted as unnecessary.

Deputies are now members of the civil service and removable only in accordance with civil-service regulations. Therefore all reference to removal by the Attorney General or the district court are omitted from the revised section. There seem to have been no removals of deputy marshals by district courts in the last 25 years.

Clerical assistants are civil service employees removable only after filing of charges and opportunity for hearing. See section 652 of title 5, U. S. C., 1940 ed.

The exception of the Territory of Alaska, contained in section 591 of title 28, U. S. C., 1940 ed., and referred to in sections 492 and 493 of title 28, U. S. C., 1940 ed., was omitted as covered by section 110 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions.

Provision for the Canal Zone is made by section 1353 of title 48, U. S. C., 1940 ed.; and for the Virgin Islands by section 1405y of said title 48.

Changes were made in phraseology.

SECTION 543-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 494 (R. S. § 782; Dec. 22, 1896, ch. 3, 29 Stat. 481).

The last sentence of section 494 of title 28, U. S. C., 1940 ed., "The words 'so help me God' shall be omitted in all cases where an affirmation is admitted instead of an oath," was omitted as unnecessary because, on affirmation, such words would not be included. As revised, the section is in conformity with section 453 of this title, providing for the form of judicial oath and with section 951 of this title, providing for the form of oath for the clerks of the United States courts.

Changes were made in phraseology.

SECTION 544-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 496-502, 511 (R. S. §§ 783786, 793; Feb. 22, 1875, ch. 95, § 2, 18 Stat. 333; June 24, 1898, ch. 495, § 2, 30 Stat. 487; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Feb. 26, 1923, ch. 112, 42 Stat. 1287; June 25, 1936, ch. 804, 49 Stat. 1921). Section consolidates sections 496-502, and part of section 511, of title 28, U. S. C., 1940 ed..

The provisions of section 511 of title 28, U. S. C., 1940 ed., for appointment of marshals to fill vacancies are incorporated in section 545 of this title.

The requirement in section 496 of title 28, U. S. C., 1940 ed., for personal sureties was omitted as outmoded in view of section 6 of title 6, U. S. C., 1940 ed., Official and Penal Bonds, which provides that bonds of qualified surety companies shall be sufficient in cases where bond is required under Federal laws.

The reference in the first paragraph of subsection (a) to the duties of the deputies after the marshal's death was added to make the section conform with section 546 of this title.

The words in first paragraph of subsection (a), "including any marshal appointed to serve during a vacancy," were substituted for the following language of section 511 of title 28, U. S. C., 1940 ed.:

"Any marshal so appointed shall give bond, as if appointed by the President and the bond shall be approved by said court. It shall then be filed in the clerk's office of said court, and a copy shall be entered on the journal of the court. A certified copy of such entry shall be prima facie proof of the execution of such bond, and of the contents thereof." See, also section 1737 of this title, relating to certified copies of bonds as prima facie evidence.

A provision in sections 497 and 498 of title 28, U. S. C., 1940 ed., as to the necessity, in the Attorney General's opinion, for augmented bonds was omitted as superfluous.

A provision of section 499 of title 28, U. S. C., 1940 ed., making certified copies of filed bonds admissible in evidence is incorporated in section 1737 of this title.

Words "person under legal disability," in second paragraph of subsection (c), were substituted for "infants, married women, and insane persons" which appeared in section 502 of title 28, U. S. C., 1940 ed. (See reviser's note under section 2501 of this title.)

The provisions of section 500 of title 28, U. S. C., 1940 ed., for issuance of execution were omitted as unnecessary in view of rule 69 of the Federal Rules of Civil Procedure.

The provision in section 500 of title 28, U. S. C., 1940 ed., for the recovery of costs was omitted as covered by rule 54 (d) of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

SECTION 545-SECTION REVISED

Based on District of Columbia Code 1940 ed., § 11-1103; title 28, U. S. C., 1940 ed., § 511 (R. S. § 793; June 24, 1898, ch. 495, § 2, 30 Stat. 487; Mar. 3, 1901, ch. 854, § 189, 31 Stat. 1220; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; June 25, 1936, ch. 804, 49 Stat. 1921).

Section consolidates section 11-1103 of the District of Columbia Code, 1940 ed., with part of section 511 of title 28, U. S. C., 1940 ed. Similar provisions of section 511 of title 28, U. S. C., 1940 ed., relating to United States attorneys are incorporated in section 506 of this title. The provisions of said section 511 of title 28, U. S. C., 1940 ed., relating to bonds to be furnished by marshals serving during vacancies,are incorporated in section 544 of this title.

Words "and the district court of the United States for the District of Columbia" were omitted as surplusage and as covered by the words "any district."

Words "the Supreme Court of the Territory" in section 511 of title 28, U. S. C., 1940 ed., were omitted as obsolete. (See reviser's note under section 506 of this title.)

Words "and a copy shall be entered on the journal of the court" in said section 511, were omitted as unnecessary. Changes were made in phraseology.

SECTION 546-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 506 (R. S. § 789).
Changes were made in phraseology.

SECTION 547-SECTION REVISED

Ex

Based on sections 317, 318, and 329 of title 5, U. S. C., 1940 ed., ecutive Departments and Government Officers and Employees and title 28, U. S. C., 1940 ed., §§ 220, 503 (R. S. §§ 362, 368, 379, 787; Mar. 3, 1911, ch. 231, §§ 123, 291, 36 Stat. 1132, 1167; June 15, 1935, ch. 259, § 1, 49 Stat. 377).

Section consolidates parts of sections 317, 318 and 329 of title 5, U. S. C., 1940 ed., with sections 220 and 503 of title 28, U. S. C., 1940 ed. Section 220 of title 28, U. S. C., 1940 ed., authorized the United States marshals, in attendance on the courts of appeals, to "exercise the same powers and perform the same duties, under the regulations of the court, as are exercised and performed by the marshal of the Supreme Court of the United States."

This section gives effect to all the pertinent provisions of the component sections. The words "process and orders" were substituted for the word "precepts" contained in section 503 of title 28, U. S. C., 1940 ed., to conform to section 672 of this title, defining the duties of the marshal of the Supreme Court of the United States.

Like provisions of section 317 of title 5, U. S. C., 1940 ed., with respect to United States attorneys, are incorporated in section 507 of this title.

Provisions of section 318 of title 5, U. S. C., 1940 ed., with respect to the Attorney General's supervision of the accounts of clerks and other court officials were omitted as covered by section 601 et seq. of this title.

Sections 509 and 510 of title 28, U. S. C., 1940 ed., are also omitted as unnecessary in view of this section. Said section 509 requires reports by marshals to the General Counsel of the Treasury Department of public moneys collected on process.

Section 510 of title 28, U. S. C., 1940 ed., requires reports by marshals to the Comptroller General of proceedings to collect on execution moneys due the Post Office Department.

This section enables the Attorney General to take appropriate steps to furnish each department or agency with necessary information concerning marshals' activities without requiring duplicate reports of matters already reported to their superiors.

Similarly, section 586a of title 28, U. S. C., 1940 ed., requiring quarterly accounts to be rendered, except by marshals of the United States courts in China and the Canal Zone, was omitted as covered by this section.

Section 329 of title 5, U. S. C., 1940 ed., authorized the General Counsel of the Treasury to instruct marshals as well as United States attorneys and clerks in matters respecting suits in which the Government was interested. This section vests such authority in the Attorney General consistently with similar authority, under section 507 of this title, over United States attorneys.

A reference in section 317 of title 5, U. S. C., 1940 ed., to the Territories was omitted as surplusage, since this section applies to the Territories.

Other provisions of sections 317, 318 and 329 of title 28, U. S. C., 1940 ed., are incorporated in sections 507 and 509 of this title.

The phrase "and of the Customs Court holding sessions elsewhere than in the Southern and Eastern Districts of New York" was added pursuant to suggestion of the Customs Court to conform to existing practice.

SECTION 548-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 495 (Feb. 21, 1911, ch. 144, 36 Stat. 927).

Changes were made in phraseology.

SECTION 548-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 504 (R. S. § 788).
Changes were made in phraseology.

SECTION 550-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 9a (c), 505, 586 (R. S. $$ 833, 834; May 28, 1896, ch. 252, §§ 13, 24, 29 Stat. 183; Mar. 3, 1911, ch. 231, § 5a, as added Jan. 20, 1944, ch. 3, § 1 (c), 58 Stat. 6; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Aug. 1, 1914, ch. 223, § 1, 38 Stat. 653; July 19, 1919, ch. 24, § 1, 41 Stat. 209; Reorg. Plan No. IV, § 3, 5 Fed. Reg. 2421, 54 Stat. 1234).

60852-47- -8

Section consolidates parts of sections 9a (c) and 586 with section 505, all of title 28, U. S. C., 1940 ed.

The provisions of section 505 of title 28, U. S. C., 1940 ed., with respect to payment of salaries of United States attorneys, marshals, and the personnel of their offices are unchanged except in phraseology and arrangement.

The provisions of section 505 of title 28, U. S. C., 1940 ed., with respect to payment of judges and court personnel are rewritten to provide for such payment under regulations prescribed by the Director of the Administrative Office of the United States Courts.

The marshals, under such regulations, disburse the salaries of circuit and district judges but not of retired justices and judges. Retired justices and judges are paid directly by the disbursing officer of the Administrative Office. (See Act Aug. 7, 1939, § 4, following section 446 of title 28, U. S. C., 1940 ed.)

Judges of the Customs Court are paid by the marshal for the Southern District of New York.

Judges of the Court of Claims, Court of Customs and Patent Appeals and Tax Court are paid by personnel of such courts designated by the Director of the Administrative Office as disbursing officers.

The Chief Justice of the United States and Associate Justices of the Supreme Court are now paid by a disbursing officer of the Department of Justice. Under section 672 of this title, their salaries will be paid by the marshal of the Supreme Court. (See further explanation in reviser's note under section 672 of this title.)

The Assistant Director of the Administrative Office of the United States Courts, after outlining the methods of payment of court salaries, stated in a letter dated December 18, 1944:

The fact that under the law the Director of the Administrative Office is given charge of the disbursement of money (section 604 of this title) appropriated for the support of the courts and then is given the option of disbursing the money directly or through the United States marshal as may seem better in the particular instance, provides a flexible and satisfactory method of disbursing the moneys appropriated for the courts, other than the Supreme Court. The requirement of section 505 of title 28, U. S. C., 1940 ed., that each marshal give a bond was omitted as unnecessary in view of section 544 of this title.

The words "travel and subsistence allowances" were inserted to conform to administrative practice established by the Department of Justice and clearly implicit in existing laws and regulations, making the marshals the disbursing officers for the courts, the United States attorneys' oflices and their own offices.

This section is extended to require the marshals to pay the office expenses of United States attorneys. Such requirement was not specifically provided for by existing law but is covered by the words "office expenses" in the first paragraph of this section. Such words also cover the same requirements in section 586 of title 28, U. S. C., 1940 ed., that each marshal shall pay his own expense accounts and those of his office and field deputies. Words "clerical assistants" were added at end of first paragraph to cover all employees in marshals'

offices.

Words "court reporters" were inserted based on section 9a (c) of title 28, U. S. C., 1940 ed., under which those officers were required to be paid "in the same manner and at the same time that the salary of the clerk of the court is paid."