Description
The establishment of the Marshal's Service. The following was from the News paper, Gazette of the United-States. May 30, 1792
LAWS OF THE UNION. SECOND CONGRESS of the UNITED STATES.
AT THE FIRST SESSION,
Begun and held at the city of Philadelphia, in the State of Pennsylvania, Monday the twenty-fourth of October, one thousand seven hundred and ninety-one.
AN ACT for regulating Processes in the Courts of the United States and providing Compensations for the Officers of the said Courts, and for Jurors and Witnesses.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all writs and processes issuing from the supreme or a circuit court, shall bear test of the chief justice of the supreme court (or if that office (shall be vacant)of the associate justice next in precedence; and all writs and processes issuing from a district court, shall bear test of the judge of such court (or if that office shall be vacant) of the clerk thereof, which said writs and processes shall be under the seal of the court from whence they issue, and signed by the clerk thereof. In those of equity and in those of admiralty and maritime jurisdiction according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contra distinguished from courts of common law; except so far as may have been provided for by the act to establish the judicial courts of the United States, subject however to such alterations and additions as the said courts respectively shall in their discretion deem expedient, or to such regulations as the supreme court of the United States shall think proper from time to time by rule to prescribe to any circuit or district court concerning the same: Provided, That on judgments in any of the cases afore said where different kinds of executions are issuable in succession, a capias ad Satisfaciendum being one, the plaintiff shall have his election to takeout a capias ad Satisfaciendum the first instance.
And be it further enacted, That from and after the parting this act, the fees and compensations to the several officers and other persons hereafter mentioned, shall be as follows; that is to say, to the marshals of the several districts of the United States, for the service of any writ, warrant, attachment or process in chancery, on each person named in the same two dollars: for his travel out in serving each writ, warrant, attachment or process afore said five cents per mile, to be computed from the place of service to the court where the writ or process shall be returned; and if more persons than one are named therein, the travel shall be computed from the court to the place of service which is mod remote, adding thereto the extra travel necessary to serve it on the other: Provided, That the fee for travel where there is one person named in such writ, warrant, attachment or process, shall in no case exceed seven dollars, and when there are more than one the fee for extra travel shall not exceed one dollar above seven dollars for each person. For each bail bond, fifty cents: for selling goods and vessels condemned, and receiving and paying the money three per cent: for every commitment or discharge of a prisoner, fifty cents: for summoning witnesses, where he does it, each thirty cents: for summoning a grand or petit jury, each three dollars: Provided, That in those States where jurors by the laws of the State are drawn by constables or other officers or corporate towns or places by lot, the marshals shall receive for the use of such constables or officers the fees allowed for summoning jurie