Deputies. Bond. 24 Sept. 1789. 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, (a) 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 (b) for the faithful performance of the same, by himself and by his deputies, (c) before the judge of the district court to the United States, jointly and severally, with two good and sufficient sureties, (d) 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 (e) 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 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 (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." Oath. Ibid. 28. Deputies to con death of marshal. Their default, of the bond. 2. In all causes wherein the marshal or his deputy shall be a party, the writs and preExecution of pro- cepts therein shall be directed to such disinterested person as the court, or any justice or cess where mar judge thereof, may appoint; and the person so appointed, is hereby authorized to execute shal, &c., is a party. 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 tinue in office on 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 &e.. to be a breach 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 the exercise of his said office, until his successor was appointed, To execute pro 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 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. Remedy of executors, &c. cess notwithstanding removal from office. 8 May 1792 24. 1 Stat. 277. of goods, &c., seized. out by marshals. 3. The marshal shall have the custody of all vessels and goods seized by any officer of the revenue, (g) and shall be allowed such compensation therefor as the court may judge To have custody reasonable. And there shall be paid to the marshal the amount of the expense for fuel, candles and other reasonable contingencies that may accrue in holding the courts within his district, and providing the books necessary to record the proceedings thereof; and What funds to be such amount, as also the compensations aforesaid to the grand and petit jurors to the received and paid witnesses summoned on the part of the United States-to the clerk of the supreme court for his attendance-to the clerks of the district and circuit courts for their travelling and attendance to the attorney of the district for travelling to court-to the marshal for his attendance at court; for summoning grand and petit jurors and witnesses in behalf of any prisoner to be tried for a capital offence; for the maintenance (h) of prisoners confined in jail for any criminal offence, and for the commitment or discharge of such prisoner; and also the legal fees of the clerk, attorney and marshal, in criminal prosecutions, shall be included in the account of the marshal. And the same having been examined and certified (i) by the court or one of the judges of it in which the service shall have been rendered, shall be passed in the usual manner at, and the amount thereof paid out of the treasury of the United States, (k) to the marshal, and by him shall be paid over to the persons entitled to the same; and the marshal shall be allowed two and a half per cent. on the amount by him so paid over, to be charged in his future account. Commissions. (a) See Commonwealth v. Ford, 5 Barr, 69. (b) The bond can only be taken in the name of the United States. Jackson v. Simonton, 4 Cr. C. C. 255. (c) A marshal is liable, upon his official bond, for the failure of his deputy to serve original process; but the measure of his liability, is the extent of the injury received by the plaintiff, produced by such negligence. United States v. Moore's Administrator, 2 Brock. 317. But he is not liable for the escape of a debtor, whom he has committed to a state jail: the state jailors are not his deputies. Randolph v. Donaldson, 9 Cr. 76. See Bispham v. Taylor, 2 McLean, 355. Keane. The Brig Gloucester. 2 Dall. 36. If he receive bank notes in satisfaction of an execution, he is liable to the creditors for the amount in gold or silver. Gwin v. Breedlove, 2 How. 29. (d) The sureties are not liable for moneys coming into his hands before the date of the bond. United States v. Giles, 9 Cr. 212. (e) Sec infra, 5. (g) Goods seized under the collection act 2 March 1799 3 63, are to remain in the custody of the collector no longer than until proper proceedings are had to ascertain whether they are forfeited or not as soon as the marshal seizes the same goods, under the proper process of the court, he is entitled to the sole and exclusive custody of them, subject to the future orders of the court. Ex parte Hoyt, 13 Pet. 279. See Burke v. Trevitt, 1 Mas. 100. The Bolina, 1 Gall. 81. 2 Opin. 477. (h) This includes all the necessaries of life, such as clothing, medicine and medical attendance. 1 Opin. 322. () The certificate is prima facie but not conclusive evidence. United States v. Smith, 1 W. & M. 184. (k) The Autelope, 12 Wh. 546. 1 Stat. 396. district to attend 4. So much of the act to establish the judicial courts of the United States as is or 9 June 1794 § 7. 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 the said court shall Marshal of the be attended, during its session, by the marshal of the district only in which the court the supremie shall sit, unless the attendance of the marshals of other districts shall be required by special order of the said court. court. 1 Stat. 625. 5. When a deputy marshal, who shall be duly appointed by the marshal of any dis- 28 Feb. 1799 ? 2. trict, shall reside and be more than twenty miles from the place where the district judge of such district shall reside and be, the oath of office required of such deputy before he By whom deputy marshals may be enters on the discharge thereof, may be administered and taken by and before any sworn. 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 such district judge. 2 Stat. 61. deeds for lands decessors. 6. Whenever a marshal shall sell any lands, tenements or hereditaments, by virtue of 7 May 1800 § 3. process from a court of the United States, and shall die, or be removed from office, or the term of his commission expire, before a deed shall be executed for the same by him May execute to the purchaser; in every such case the purchaser or plaintiff, at whose suit the sale sold by their prewas 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- And sell lands levied on by ments, and shall die, or be removed from office, or the term of his commission expire them. 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. (a) 7. The bond heretofore given, or which may hereafter be given, by the marshal of any 10 April 1806 § 1. district, for the faithful performance of the duties of his office, shall be filed and recorded 2 Stat. 372. in the office of the clerk of the district court or circuit court, sitting within the district for Bonds to be filed. which such marshal shall have been appointed; and copies thereof, certified by the clerk, Copies to be eviunder the seal of the said court, shall be competent evidence in any court of justice.(b) deuce. Ibid. 22. 8. It shall be lawful, in case of the breach of the condition of any such bond, for any person, persons or body politic, thereby injured, to institute a suit upon such bond, in suits on marthe name and for the sole use of such party; (c) and thereupon to recover such damages shal's bonds regulated. as shall be legally assessed, with costs of suit, for which execution may issue for such party in due form. And in case such party shall fail to recover in the suit, judgment shall be rendered and execution may issue for costs in favor of the defendant or defendants against the party who shall have instituted the suit; and the United States shall in no case be liable for the same. Ibid. 23. Judgment to re for future breaches. Ibid. 4. Limitation of 9. The said bonds shall, after any judgment or judgments rendered thereon, remain as a security, for the benefit of any person, persons or body politic, injured by breach of the condition of the same, until the whole penalty shall have been recovered; and main as security the proceedings shall be always in the same manner, and as herein before directed. 10. All suits on marshals' bonds, if the right of action has already accrued, shall be commenced and prosecuted 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 suits. be commenced and prosecuted within six years after the said right of action shall have accrued, and not afterwards; 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. (a) This does not so far repeal 28 of the judiciary act, (supra, 2) that a sale on a venditioni exponus, by a marshal, after he has been removed from office, is void. Doolittle's Lessee v. Byan, 14 How. 563. See Bowerbank v. Morris, Wall. 119. (b) A copy of a marshal's bond not certified to have been "filed And recorded," in the clerk's office, is inadmissible in evidence. United States v. Robinson, 1 Wall. Jr. 161. (c) No cause of action accrues to a party plaintiff, whose judgment the marshal fails to satisfy, until final judgment has been rendered, though he may have, before that time, wrongfully used money in his hands bound for the judgment. Montgomery v. Hernandez, 12 Wh. 129. See Gwin v. Breedlove, 2 How. 29. Twin v. Barton, 6 Ibid. 7. 3 March 1837 2. 5 Stat. 177. 1. The sessions of said circuit courts shall be held twice in each year, in the following districts, to wit: *** in the district of Maryland, at Baltimore, on the first Monday of Spring sessions. April, [and the first Monday of October,] annually. 7 July 1838 21. 5 Stat. 308. 24 Sept. 1789 3. 1 Stat. 73. trict court. 2. The circuit courts of the United States for the district of Maryland shall be held at Baltimore on the first Monday of November annually. II. DISTRICT COURT. 3. There shall be a court called a district court, in each of the aforementioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and Terms of the dis- shall be called a district judge, and shall hold annually four sessions, the first of which to commence as follows, to wit: in the district *** of Maryland, on the first *** Tuesday of December next; and the other three sessions progressively in the respective districts on the like Tuesdays of every third calendar month afterwards. The stated district court shall be held at the following places, to wit: *** in the district of Maryland, [alternately] at Baltimore [and Easton, beginning at the first.] 20 April 1802 18. 2 Stat. 165. 2 March 1799 10. 1 Stat. 633. Baltimore. Chester. Oxford. Vienna. Snow Hill Annapolis 4. The stated sessions of the district court, for the district of Maryland, shall hereafter be holden in the city of Baltimore only. III. COLLECTION DISTRICTS. 5. In the state of Maryland there shall be ten districts, to wit: Baltimore, Chester, Oxford, Vienna, Snow Hill, Annapolis, Nottingham, Nanjemoy, Georgetown and Havrede-Grace. The district of Baltimore shall include Patapsco river, Turkey Point, Spes Utiæ island, and all the waters and shores on the west side of Chesapeake bay, from the mouth of Magetty river, which shall not be included in the district of Havre-de-Grace; and a collector, naval officer and surveyor for the district shall be appointed, to reside at Baltimore, which shall be the sole port of entry. The district of Chester shall include Chester river, and all the waters and shores on the eastern side of Chesapeake bay, from the south side of Elk river, to the north side of the Eastern bay, and Wye river, inclusive; in which Georgetown, on Sassafras river, shall be a port of delivery only; and a collector for the district shall be appointed, to reside at Chester, which shall be the sole port of entry.(a) The district of Oxford shall include all the waters and shores on the eastern side of Chesapeake bay, from the north side of the Wye river, and the Eastern bay, to the south side of Great Choptank river, inclusive; and Cambridge shall be a port of delivery only; and a collector for the district shall be appointed, to reside at Oxford, which shall be the sole port of entry. The district of Vienna shall include all the waters and shores on the eastern side of Chesapeake bay, from the south side of Great Choptank river, to the south side of Hooper's Straits, Hayne's Point, and Wicomico river, inclusive; and Salisbury shall be a port of delivery only; and a collector for the district shall be appointed, to reside at Vienna, which shall be the sole port of entry. The district of Snow Hill shall include all the waters and shores on the seacoast, from the north line of Virginia, to the south line of Delaware, together with all the waters and shores on the eastern side of Chesapeake bay, from the south side of Wicomico river to the south side of Pocomoke river, inclusive, so far as. the jurisdiction of the said state of Maryland extends; to which Sinnipuxent shall be a port of delivery for West India produce only; and a collector for the district shall be appointed, to reside at Snow Hill, which shall be the sole port of entry.(b) The district of Annapolis shall include Magetty river, and all the waters and shores from thence to Drum Point on Patuxent river; and a collector for the district shall be appointed, to reside at Annapolis, which shall be the sole port of entry and delivery for the same. (a) District of Chester abolished, annexed to Baltimore, and constituted a port of delivery only, by act 7 May 1822. 3 Stat. 693. And see act 15 June 1844. 5 Stat 664. (b) District of Snow Hill abolished, annexed to Vienna, and constituted a port of delivery only, by act 15 June 1844. 5 Stat. 664. The district of Nottingham shall include all the waters and shores on the west side of 2 March 1799. Chesapeake bay, to Drum Point, on the river Patuxent, together with the said river, Nottingham. and all the navigable waters emptying into the same, to which Benedick, Lower Marlborough, Town Creek and Sylvey's Landing shall be annexed as ports of delivery only; and a collector for the district shall be appointed, to reside at Nottingham, and a surveyor at Town Creek; and Nottingham shall be the sole port of entry. The district of Nanjemoy (a) shall include all the waters of the Potomac within the Nanjemoy. jurisdiction of the state of Maryland, from Point Look-out to Pomonky creek, inclusive; to which Cedar Point, Saint Mary's and Lewellensburgh shall be annexed as ports of delivery only; and a collector for the district shall be appointed, to reside at Nanjemoy ; also a surveyor to reside at each of the towns of St. Mary's and Lewellensburgh; and Nanjemoy shall be the sole point of entry. The district of Georgetown shall include all the waters and shores from Pomonky Georgetown. creek on the north side of Potomac river, to the head of the navigable waters of the said river, within the jurisdiction of the state of Maryland; to which Digges's Landing and Carrolsburg shall be annexed as ports of delivery only; and a collector for the district shall be appointed, to reside at Georgetown, (b) which shall be the sole port of entry. The district of Havre-de-Grace shall include all the waters and shores of the Chesa- Havre-de-Grace. peake bay, above Turkey Point and Spes Utiæ island to the south side of Elk river, inclusive; and a collector for the district shall be appointed, to reside at Havre-de-Grace, which shall be the sole port of entry for the same. 2 Stat. 182. 6. That all that part of the act, entitled an "Act to regulate the collection of duties 1 May 1802 ? 9. on imports and tonnage," passed on the 2d day of March 1799, that directs that the collector of the district of Georgetown shall reside at Georgetown, be and is hereby Collector need repealed. 2 Stat. 228. delivery. 2 Stat. 497. not reside at Georgetown. 7. Easton, in the district of Oxford, in the state of Maryland, and Tiverton, in the 3 March 1803 3 2. district of Newport and state of Rhode Island, shall be ports of delivery, and a surveyor shall be appointed to each; each of whom shall be entitled to receive, in addition to the Easton, a port of fees and emoluments already allowed by law, a salary of two hundred dollars per annum. 8. The district of Nanjemoy, in the state of Maryland, shall be called the district of 25 April 1808 3 2 St. Mary's; and the collector shall reside at St. Mary's river, which shall be the port of entry and delivery for said district, and Nanjemoy a port of delivery only, to which a Nanjemoy to be surveyor shall be appointed, who shall be entitled, in addition to the fees and emolu- district. ments already allowed by law, to receive a salary of one hundred and fifty dollars. 9. That the secretary of the treasury be authorized to appoint a deputy collector to 3 March 1849 2 2. reside at Chesapeake City, in the state of Maryland, to grant enrolments and licenses to vessels: Provided, That the compensation of said deputy collector shall be the usual fees Deputy collector of office, and nothing more. called St. Mary's 9 Stat, 414. at Chesapeake City. 12. Part of Tiverton annexed to Fall River district. 14. Chelsea a port of entry. I. CIRCUIT Court. 2 Stat. 696. 1. That in lieu of the terms now established by law, the circuit court of the first cir- 26 March 181281. cuit shall annually be holden as follows: * * * at Boston, on the fifteenth day of May, and the fifteenth day of October, within and for the district of Massachusetts. And Terms of the cir whenever any of the said days shall happen on a Sunday, then the said court, hereby directed to be holden on said day, shall be holden on the next day thereafter. II. DISTRICT COURT. cuit court. 1 Stat. 396. 2. That the stated terms of the district courts of Massachusetts, Pennsylvania and 9 June 1794 ? 2. Georgia be changed, and that in future, the said courts in Massachusetts shall be held on the third Tuesday in March, the fourth Tuesday in June, the second Tuesday in Sep- Terms of the dis tember, and the first Tuesday in December. trict court. 2 Stat. 815. 3. The respective terms of the district court of Massachusetts district, which are now 3 March 1813 § 3 required by law to be holden at Salem, (c) within said district, shall hereafter be holden at Boston, within said district, at the respective times now prescribed by law; and (a) Name changed to St. Mary's, infra, 8. (b) See infra, 6. (c) By act 24 September 1789 2 3, the district court was required to be holden alternately at Boston and Salem. 1 Stat. 74. 3 March 1813. all writs and processes, of whatsoever nature or kind, that have been or may be issued, To be holden at and made returnable to the said court at Salem, shall be returnable and returned to the said court at Boston, anything in any former law to the contrary notwithstanding. III. COLLECTION DISTRICTS. Boston. 2 March 1799 2 1 Stat. 627. Collection dis tri.ts. Newburyport. Gloucester. Salem and Bever ly. Marblehead. Boston and Plymouth. Barnstable. Nantucket. Edgartown. New Bedford. Dighton. Ipswich. Newburyport. Gloucester. Salem and Beverly. Marblehead. Boston and Plymouth. 4. In the state of Massachusetts there shall be twenty-two districts and ports of entry, to wit: Newburyport, Ipswich, Gloucester, Salem and Beverly, as one; Marblehead, Boston and Charlestown, as one; Plymouth, Barnstable, Nantucket, Edgartown, New Bedford, Dighton, [York, Biddeford and Pepperelborough, as one; Portland and Falmouth, as one; Bath, Wiscasset, Penobscot, Frenchman's Bay, Machias, Passamaquoddy and Waldoborough.](a) To the district of Newburyport shall be annexed the several towns or landing places of Almsbury, Salisbury, Haverhill and Newbury, which shall be ports of delivery only; and a collector, naval officer and surveyor for the district shall be appointed, to reside at Newburyport. To the district of Gloucester shall be annexed the town of Manchester, (b) as a port of delivery only; and a collector and surveyor shall be appointed for the district, to reside at Gloucester. To the district of Salem and Beverly shall be annexed the town or landing place of Danvers, as a port of delivery only; and a collector, naval officer and surveyor for the district shall be appointed to reside at Salem, and a surveyor to reside at the town of Beverly. To the district of Marblehead shall be annexed the town of Lynn, as a port of de livery only; and a collector for the district shall be appointed, to reside at Marblehead.(c) To the district of Boston and Charlestown shall be annexed the towns or landing places of Medford, Cohasset, Hingham and Weymouth, (d) as ports of delivery only; and a collector, naval officer and surveyor for the district shall be appointed, to reside at Boston. To the district of Plymouth shall be annexed the several towns or landing places of Scituate, Duxbury and Kingston, as ports of delivery only; (e) and a collector for the district shall be appointed, to reside at Plymouth.(g) To the district of Barnstable shall be annexed the several towns or landing places of Sandwich, Falmouth, Hardwich, Wellfleet, Provincetown and Chatham, as ports of de livery only; and a collector for the district shall be appointed, to reside at Barnstable. In the district of Nantucket, the port of Nantucket shall be the sole port of entry and delivery; and a collector for the district shall be appointed, to reside at Nantucket.(h) In the district of Edgartown, a collector for the district shall be appointed, to reside at Edgartown.(i) To the district of New Bedford shall be annexed Westport, Rochester and Wareham, as ports of delivery only; (k) and a collector for the district shall be appointed, to reside at New Bedford. To the district of Dighton shall be annexed Swansey, Somerset, Freetown, Berkeley and Taunton, as ports of delivery only; and a collector for the district shall be appointed, to reside at Dighton.(?) The district of Ipswich shall include the town of Ipswich, as a port of entry only; and a collector for the district shall be appointed, to reside at Ipswich.(m) The district of Newburyport shall include all the waters and shores from the state of New Hampshire to the north line of Ipswich. The district of Gloucester shall include all the waters and shores in the towns of Gloucester and Manchester. The district of Salem and Beverly shall include all the shores and waters within the towns of Beverly, Salem and Danvers. The district of Marblehead shall include all the waters and shores within the towns of Marblehead and Lynn. The district of Boston and Charlestown shall include all the waters and shores within the counties of Middlesex, Suffolk and Norfolk. The district of Plymouth shall include all the waters and shores within the county of Plymouth, excepting the towns of Wareham and Rochester. (a) Those within brackets are now in the state of Maine. (b) And Essex, infra, 13. (h) Nantucket is constituted a port of entry for ships from the Cape of Good Hope, and places beyond, by act 2 March 18115 (e) The act 27 March 1804 23, provides for the appointment of a 2 Stat. 658. surveyor, to reside at Marblehead. 2 Stat. 301. (d) And Cambridge, Roxbury and Chelsea, infra, 5, 6, 14. (e) By act 2 March 1827, the town of Marshfield, in the district of Plymouth, is constituted a port of delivery. 4 Stat. 237. (g) Plymouth is constituted a port of entry for ships from the Cape of Good Hope, and places beyond the same, by act 2 March 1811 5. 2 Stat. 658. (i) Edgartown is constituted a port of entry for ships from th Cape of Good Hope, and places beyond, by act 13 July 1832. 4 Stat. 577. (k) See infra, 11, as to Sippican and Mattapoisett. (m) The district of Ipswich is abolished and annexed to New. buryport, by act 15 June 1844. 5 Stat. 664. |