Page:United States Statutes at Large Volume 18 Part 1.djvu/220

 148 rms xm.·——THE Ju1>1c1ARr.—0¤. 14. 10A1>riL 1806. v- sole use a suit on said bond, and thereupon recover such damages as 2h ”· 2· "· 2· P· 373 shall be legally assessed, with costs of suit, for which execution maly issue Giles, 9, for him in due form. If such party fails to recover in the suit, ju gment C1'-, $2;  S· ¢‘· shall be rendered and execution may issue against him for costs in favor $?m£g:l hiyugi of the defendant: and the United States s all in no case be liable for in¤..».,2»03c¢w.; the ¤¤r¤¤- a·. Breedlove, 2 How., 29; Gwyn r. Buehanan,4 How., 1; Gwyn 1·. Barton, 6 How., 7; Rogers z-. The Marshall, 1 Wall., 644. M¤r3¤h¤l’¤b¤r¤d¢<> Sec. 785. The said bond shall remain, after any judgment rendered  thereon, as a security for the benefit of any person injured by breach of c,,?,,, the condition of the same, until the whole penalty has been_recovered; m;____ and the proceedings shall always be as directed in the preceding section. 10 April, 1806, c. 21, s. 3, v. 2, p. 374. Li¤¤i*¤1¢i0¤ Qi Sec. 786. No suit on a marshal’s bond shall be maintained unless it is Q:;,,;)" ’"“"Sh“l*‘ commenced within six years after the right of mtion accrues, saving, ` nevertheless, the rights of infants, married women, and insane per- ,0Ap,,,1_1800’0_ sons, so that they sue within three years after their disabilities are 21, s. 4, v. 2, p. 374. l‘€IIl0Ved. Montgomery 1·. Hernandez, 12 Wh., 133. Duties of mar- Sec. 787. lt shall be the duty of the marshal of each district to attend Tu- 1- -.1 the district and circuit courts when sitting therein, and to execute, 24 §¢p¤-. 1789.}- throughout the district, all lawful precepts directed to him, and issued mi? g7·;`· l,;;;?' ·0 under the authority of the United States; and he shall have power to com- C,._,'21é_’mand all necessary assistance in the execution of his duty. [See s 4290.] Schwabacker r. Reily, 2 Dill., 127. M¤r¤h¤l¤ ¤h¤ii Sec. 788. The marshals and their deputies shall have, in each State, mg’:é;;_|‘§;;l;_‘i°;*sé the same powers, in executing the laws of the United_States, as the sherilfs ,,00,,,,,,],,, 0x000f_ xd their deputies in such State may have, by law, in executing the laws ingthe lawso the BTBO. United States. 28 Feb., 1795, c. 36, s. 9, v. 1, p. 425. 29 July, 1861,0. 25, s. 7, v. 12, p. 282. hi 0386 of death Sec. 7 89. ln case of the death of any marshal, his deputy or de uties 3: 3:;S“";)”}:_‘::; shall continue in office, unless otherwise specially removed, andp shall ,,,,I,:,,_ execute the same in the_name of the deceased, until another marshal is -24 St; theu;,?- appointed, as provided in this chapter, and duly qualified. The defaults 20 ,,_ 28py, pj 0,: or misfeasances in office of such deputiesin the mean time shall be adjudged ’ ’ ’ a breach of the condition of the bond given by the marshal who a pointed them· and the executor or administrator of the deceased marsihal shall have like remedv for the defaults and misfeasances in office of such de u- ties, during such interval, as he would be entitled to if the marshal had continued in lgfe and in the pxieiglcise of his said office until his successor was a ointec an u v ua i e . Marshals and Sr·:dTI79U. Every inarslial or his de uty, when removed from office, or df’P“'·Y “‘°"`”l’“l”¤ when the term for which the marslilal is appointed expires shall have \\ll€l'l P€m0\’€d 0I' t. 7 . . 0m000,,p,,0,,_ ,,0,, power, notwithstanding, to execute all such precepts as_may be 10 their execute process in ands 1'8Sp€(‘t1VBlV {lll tl`16 time of BHC}! I‘8H10V8.l OI' GXp11'8.l310l1 of office; their hands. and the marshal shall be held responsible for the delivery to his succes- E§;·K sor of all lprisoners who may be in his custody at the time of his removal, 20, s_ 28p`;_·,` pj 0,; or when the_term for which he 1s_appo1nted expires; and for that purpose yM,,,},]800,,._45, heéngylretaiqséicgi prisoners in his custody until his successor is appointed s.3,v.2,p.6i. an u y qual e . Doolittle‘s Lessee r. Bryan, 14 How., 563. mhglrghéillegmxrrgg Sec. 791. Every marshalshall, within thirty days before the commence the ,1. umm),. ment of each terru of the circuit and district courts in his district, make TE returns to the Solicitor of the Treasury of the proceedings hadpygon all m7_s_g_,·_3_p_g,g6_ writs of execution, or other process which have been placed in his ands, I5? 1v;ay,418)3q,1:. foruthe cgglectiop of moneys Tdjudged and decreed to the United States »¤· · · » · · in e said cour s, respcc ive y. sh§{:*;‘0’Tu*gi$:;; Sec._792. Every marshal to whom any execution upon a judgment in P0800m0GB00a,, any suit for moneys due on account of the Post-Office Department has {nent been directed, shall make returns to the Sixth Auditor, at such times as