this section, subsection (b) of this section, and section 5 of Executive Order No. 6166 of June 10, 1933, transferring to the Department of Justice the function of supervising the work of United States attorneys in connection with suits by or against the United States exercised by any agency or officer:

Section 323 requiring the General Counsel of the Treasury to make entries of bonds delivered to United States attorneys by collectors for suit until the amounts have been paid or judgments secured;

Section 324 requiring said General Counsel to examine and compare the reports made by collectors of bonds delivered by them to United States attorneys for suit, and of the returns of such bonds; Section 329 authorizing said General Counsel to instruct United States.attorneys, marshals and clerks in all matters relating to suits, except for taxes, forfeitures and penalties, and to require them to make such reports to him as he may direct. The first provision of section 329 of title 5, U. S. C., 1940 ed., is covered by the last paragraph of this section under which the Attorney General exercises supervision of the duties of United States attorneys. The Director of the Administrative Office of the United States Courts supervises the duties of clerks under chapter 41 of this title. The provision for authority of said General Counsel over marshals, also contained in section 329, is incorporated in section 547 of this title in which such authority is vested in the Attorney General.

Section 327 of title 5, U. S. C., 1940 ed., authorized said General Counsel to establish regulations, subject to approval by the Attorney General, to be observed by United States attorneys and marshals in which the United States is a party. The provision as to United States attorneys is also covered by the last paragraph of this section and that as to marshals is covered by section 547 of this title.

Provisions of section 327 of title 5, U. S. C., 1940 ed., relating to establishment of regulations for the observance of collectors of the customs, by the General Counsel for the Department of the Treasury, with the approbation of the Secretary of the Treasury, was omitted and recommended for repeal as covered by section 66 of title. 19, U. S. C., 1940 ed., Customs Duties.

The last paragraph of this section is based on the first clause of section 317 of title 5, U. S. C., 1940 ed.; see also section 309 of title 5. The second clause of said section 317 is covered by subsection (a) (5) of this section. The authority of the Attorney General over marshals and the requirement that they shall report to him the conduct and state of their offices, contained also in said section 317, is incorporated. in section 547 of this title.

Section 330 of title 5, U. S. C., 1940 ed., which required that United States attorneys should conduct, under direction of the General Counsel of the Treasury, all suits and proceedings involving the United States under the laws governing national banking associations, is covered by subsection (a) (2) of this section.

Section 331 of title 5, U. S. C., 1940 ed., requiring United States attorneys to obey directions of the Department of Justice in suits for money due the Post Office Department, is covered also by subsection (a) (2) of this section.

Changes in arrangement and phraseology were made.

SECTION 508-SECTION REVISED

Based on section 312 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees, and title 28, U. Ŝ. C., 1940 ed., §§ 579 and 580 (R. S. § 363; May 28, 1896, ch. 252, §§ 8, 24, 29 Stat. 181, 186; Mar. 3, 1903, ch. 1007, § 1, 32 Stat. 1141; Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1360; May 27, 1908, ch. 200, § 1, 35 Stat. 375; July 19, 1919, ch. 24, § 1, 41 Stat. 209; June 1, 1922, ch. 204, title II (part), 42 Stat. 616; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1083; Mar. 4, 1923, ch. 295, 42 Stat. 1560; May 28, 1924, ch. 204, title II (part), 43 Stat. 220).

Section consolidates part of section 312 of title 5, U. S. C., 1940 ed., and part of section 579 of title 28, U. S. C., 1940 ed., with section 580 of title 28, U. S. C., 1940 ed.

Sections 579 and 580 of title 28, U. S. C., 1940 ed., fixed specific salaries for the United States attorneys and assistants, while section 312 of title 5., U. S. C.,.1940 ed., provided for a contractual arrangement for compensation of special attorneys.

According to a Department of Justice interpretation, provisions for specific salaries were superseded by section 678 of title 5, which provides for adjustment of compensation by heads of departments. Hence, this section leaves the amount of compensation to the Attorney General.

Section 578b of title 28, U. S. C., 1940 ed., providing that United States attorneys shall be paid for their services, was omitted as unnec

essary.

Section 578c of title 28, U. S. C., 1940 ed., providing that United States attorneys shall not receive fees in addition to their salaries, was omitted as obsolete, in view of this section and current practice.

Other provisions of section 312 of title 5, U. S. C., 1940 ed., are incorporated in sections 503 and 507 of this title, and other provisions of section 579 of title 28, U. S. C., 1940 ed., are incorporated in section 552 of this title.

SECTION 509-SECTION REVISED

Based on sections 73 and 318 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees, and title 28, U. S. C., 1940 ed., §§ 586, 587 and 592 (R. S. §§ 368, 833, 834; Mar. 3, 1875, ch. 133, § 1, 18 Stat. 452; May 28, 1896, ch. 252, §§ 13, 14, 24, 29 Stat. 183, 186; Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1360; May 27, 1908, ch. 200, § 1, 35 Stat. 375; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; July 1, 1918, ch. 113, § 1, 40 Stat. 683; July 19, 1919, ch. 24, § 1, 41 Stat. 209; Dec. 24, 1942, ch. 825, § 3, 56 Stat. 1089).

Section consolidates parts of sections 73 and 318 of title 5, U. S. C., 1940 ed., and of sections 586, 587 and 592 of title 28, U. S. C., 1940 ed. First paragraph of this section is from section 587 of title 28, U. S. C., 1940 ed., which did not apply to Alaska because of the restriction in section 591 of said title 28. However, the latter section has been superseded, in that respect, by subsequent appropriation acts, the latest being Act July 5, 1946, ch. 541, title II, 60 Stat. 460, which specifically allows office expenses for United States attorneys in Alaska. This section applies to all United States attorneys.

Section 73 of title 5, U. S. C., 1940 ed., allowed only actual traveling expenses to Government employees, except "district attorneys,' marshals and clerks of courts and their deputies. It has been super

seded by the Subsistence Expense Act of 1926. See sections 821 et seq. of said title 5.

References in section 592 of title 28, U. S. C., 1940 ed., to absence "from their respective official residences" and to going to and returning from attendance before courts, etc., were omitted as surplusage and covered by the phrase "on official business." Language relating to Standardized Government Travel Regulations was also omitted as the reference in this section is to the provision in the Subsistence Expense Act, supra, authorizing those regulations. Verification under oath provision was omitted as covered by section 553 of this title which simplifies procedure by requiring payment upon certification by the payee. The penal provisions of title 18 are ample protection against fraud and an oath alone is no deterrent.

The requirement in section 592 of title 28, U. S. C., 1940 ed., that the marshals should include such payments in their accounts for auditing and allowance, was omitted as unnecessary. See section 541 et seq. of this title and section 71 et seq. of title 31, U. S. C., 1940 ed.

Section 318 of title 5, U. S. C., 1940 ed., required the Attorney General to supervise the accounts of "district" attorneys, marshals, clerks, and other court officers. The language of this section covers that requirement. The provision as to marshals is incorporated in section 547 of this title.

Quarterly expense accounts were required of United States attorneys and marshals by section 586 of title 28, U. S. C., 1940 ed. Such provision is omitted as unnecessary in view of this section and section 547 of this title. Further provisions of said section 586 that office expenses of United States attorneys, assistants, and marshals should be allowed under regulations of the Attorney General and verified under oath, are simplified by this section and section 550 of this title. Another provision that accounts therefor should be submitted to, examined by the district court and, when approved by the court then audited and allowed by law, was omitted. The power of the Attorney General is sufficient. The reference to audit and allowance was unnecessary as covered by section 71 et seq. of title 31, U. S. C., 1940 ed., Money and Finance. Said section 586 applied also to marshals and deputies and those provisions are incorporated in section 550 of this

title.

The exception in sections 586 and 591 of title 28, U. S. C., 1940 ed., that the former should not apply in Alaska was omitted as unnecessary. Section 114 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions, requires travel expense accounts to be rendered and paid as in other districts.

Changes were made in phraseology.

SECTION 510-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 484, 593 (May 28, 1896, ch. 252, § 15, 29 Stat. 183; June 30, 1906, ch. 3914, § 1, 34 Stať. 753; July 19, 1919, ch. 24, § 1, 41 Stat. 209).

Section consolidates and simplifies sections 484 and 593 of title 28, U.S. C., 1940 ed. For provisions with respect to classified civil service, see sections 631-684 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees.

Section 593 of title 28, U. S. C., 1940 ed., related to clerks and messengers in the office of United States attorney, southern district of New York. Section 454 of title 28, U. S. C., 1940 ed., related to clerical assistants for all United States attorneys. It was not affected by section 67% of title 5. U. S. C., 1940 ed., Executive Departments and Government Officers and Employees, according to a Department of Justice interpretation.

Provision of said section 593 for office expenses of United States attorneys is covered by section 509 of this title.

Said section 593 also required that payment of salaries of such clerks and messengers be made by the disbursing clerk of the Department of Justice. Under section 550 of this title the marshals will make such payments including the office expenses of United States attorneys.

The restriction that section 484 of title 28, U. S. C., 1940 ed., did not apply to Alaska is omitted as unnecessary since section 109 of title 48. C. S. C., 1940 ed., Territories and Insular Possessions, authorizes employment of clerical assistants to United States attorneys in Alaska by the Attorney General.

The provision in such section 484 of title 28, U. S. C., 1940 ed., that the need for clerical assistants be certified by the district judge, was omitted as unnecessary. The need may be determined by the Attorney General.

Sec.

Changes were made in phraseology.

CHAPTER 33. UNITED STATES MARSHALS

541. Appointment, residence, and tenure of marshals.

542. Appointment and tenure of deputies and assistants.

543. Oath of office.

544. Bond.

545. Vacancies.

546. Death of marshal.

547. Powers and duties generally; supervision by Attorney General. 548. Administration of oaths.

549. Power as sheriff.

550. Disbursement of salaries and expenses.

551. Collection of fees; accounting.

552. Salaries of marshals, deputies, and assistants.

553. Expenses of marshals.

554. Delivery of prisoners to successor.

555. Delivery of unserved process to successor.

556 Practice of law restricted.

SECTION 541-SECTION REVISED

Based on D. C. Code § 11-1101, 1940 ed., title 28, U. S. C., 1940 ed., §§ 490, 491 and 524, and sections 643 and 863 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions (R. S. §§ 776, 779; June 20, 1874, ch. 328, § 2, 18 Stat. 109; June 26, 1876, ch. 147, § 1, 4, 19. Stat. 61, 62; Feb. 24, 1879, ch. 97, § 8, 20 Stat. 320: Mar. 3, 1881, ch. 144. § 7, 21 Stat. 507; Apr. 25, 1882, ch. 87, §§ 1, 3, 22 Stat. 47; July 20, 1882, ch. 312, § 3, 22 Stat. 172; Aug. 5, 1886, ch. 928, § 7, 24 Stat. 309; Feb. 22, 1889, ch. 180, § 21, 25 Stat. 682: July 3, 1890, ch. 656, § 16, 26 Stat. 217: July 10, 1890, ch. 664, § 16, 26 Stat. 225; Mar. 3, 1893, ch. 220, 27 Stat. 745: July 16, 1894, ch. 138. §§ 14, 16, 28 Stat. 110, 111; May 28, 1896, ch. 252, §§ 8, 12, 29 Stat. 181, 183;

June 24, 1898, ch. 495, § 1, 30 Stat. 487; Apr. 12, 1900, ch. 191, § 34, 31 Stat. 85; Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; May 12, 1900, ch. 391, § 9, 31 Stat. 176; Jan. 22, 1901, ch. 105, §§ 4, 7, 31 Stat. 736, 737; Feb. 12, 1901, ch. 355, §§ 5, 7, 31 Stat. 782; Mar. 2, 1901, ch. 801, $$ 3, 5, 31 Stat. 881; Mar. 3, 1901, ch. 854, § 186, 31 Stat. 1220; Mar. 11, 1902, ch. 183, §§ 4, 5, 6, 32 Stat. 66; Mar. 2, 1905, ch. 1305, §§ 4, 6, 33 Stat. 824; Mar. 3, 1905, ch. 1427, §§ 13, 15, 19, 33 Stat. 995, 996; June 16, 1906, ch. 3335, § 13, 34 Stat. 275; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Jan. 7, 1913, ch. 6, 37 Stat. 648; Mar. 3, 1915, ch. 100, §§ 3, 4, 38 Stat. 961; Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; July 9, 1921, ch. 42, § 313, 42 Stat. 119; May 28, 1926, ch. 414, § 2 (b), 44 Stat. 672; Apr. 21, 1928, ch. 393, 45 Stat. 437; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118; June 14, 1941, ch. 203, §§ 1, 2, 55 Stat. 251).

Section consolidates section 11-1101 of the District of Columbia Code, 1940 ed., with sections 490, 491, and part of section 524 of title 28, U. S. C., 1940 ed., and parts of sections 643 and 863 of title 48 U. S. C., 1940 ed.

Words "including the District of Columbia" in section 11-1101 of District of Columbia Code, 1940 ed., were omitted as surplusage since the words "each judicial district" include the District of Columbia.

Words "and offices of each marshal" were added because of many special provisions, in sections 141-196 of title 28, U. S. C., 1940 ed., for the maintenance of offices by the marshals at numerous places. Such provisions have been omitted, as covered by this section. The requirement for residence "at one of the places of holding court" was omitted as an unnecessary restriction on the Attorney General's discretion.

Words "The President, by and with the advice and consent of the Senate, may appoint a United States marshal for each judicial district" were substituted for "A marshall shall be appointed in each district," to make the section conform with the Constitution. See article II, section 2, clause 2.

The provision authorizing the marshal in the District of Columbia to reside within twenty miles of his district was added because of the relatively small and congested area of the District, and many Federal officials are compelled to reside elsewhere. The residence requirement of this section has no relation to domicile or voting residence nor does it affect the citizenship or residence status of District of Columbia officeholders in the several States from which appointed.

Provisions of section 524 of title 28, U. S. C., 1940 ed., that the marshal shall give his personal attention to his official duties, and declaring the office of marshal vacant upon removal from his district or neglect of duty, were omitted as unnecessary and inconsistent with section 547 of this title, charging the Attorney General with supervision of United States marshals in the performance of their duties.

References to Territories in section 491 of title 28, U. S. C., 1940 ed., were omitted as unnecessary. Provision is made in title 48 for the marshals for Alaska (sections 110, 112), Canal Zone (section 1353), and Virgin Islands (section 1405y).