Page:Federal Reporter, 1st Series, Volume 10.djvu/381

 ■united states v. ebbs. 369 �United States v. Ebbs. {Dhtrict Court, W. D. North Carollna. November Term, 1881.) �1. Mabshal's Fbes — Service op a Commisbionbr's Wabrant in a Criminai< �Case. �A marshal is not entitled to a fee for the service of a commissioner's warrant in a crimiual case, where the deputy marshal, after arresting the accused, allows him to go free upon his promising to attend the commissioner'a court on a certain designated day. �2. Same — Samb. �Where a commissioner accepted an appearance bond in the absence of the accused, and before he had had a preliminary examinatioa, and the marshal was advised of the fact, held, that a warrant in his hands is superseded ; aiid that a subsequent arrest under the warrant is unauthorized, and does not entitle the marshal to charge a fee for the service of the warrant. �3. Samb — Poe Attendakoe at the Heabin» and Guarding the Prisoneb. �Where the commissioner hears the case of a prisoner, and decides that he must give bail for his appearance in court to answer an indictment, and com- mits him to the custody of the marshal or his deputy, if either happen to be present, until the required bail is given, lield, that the marshal is entitled to a fee for attendance at the court, and for the service of a guard, if such service ia rendered and was necessary ; and the marshal, not the commissioner, is the judge of such necessity. �In this case a rule for retaxation of costs was granted upon a motion fonnded upon an affidavit of the defendant, who had pleaded guilty. A copy of the rule was duly served upon the marshal, and he oled an answer in support of the costs as taxed, and the matter was heard in open court. �F. S. Lmk, in support of rule. �G. M. McLoud, for marshal. �DioK, D. J. The exceptions presented in the affidavit to the costs taxed before the commissioner are as follows : �(1) The marshal charges for service of the warrant, when there was no valid service. �(2) The marshal charges expenses for 14 daya in endeavoring to arrest the defendant, when the defendant might have been easily arrested, as he made no effort to evade the process of the law. �(3) The marshal charges for attending the court of the commissioner and guarding the defendant, when there was no necessity for such service, as the defendant was upon bail. �As to the first exception it appears in evidence that the deputy marshal, while he had the warrant in his hands, met the defendant and read the warrant to him, and told him that he was under arrest. V.10,no.3— 24 ��� �