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 [see section 509 of this title], 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 [now section 569] 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, [see section 509 of this title], and that as to marshals is covered by section 547 [now section 569] 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, [see section 509 of this title], 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) [now par. (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 [now section 569] 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) (now par. (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) [now par. (2)] of this section.

Changes in arrangement and phraseology were made.

PRIOR PROVISIONS

A prior section 547, acts June 25, 1948, ch. 646, 62 Stat. 912; Oct. 18, 1962, Pub. L. 87-845, § 8, 76A Stat. 699, which related to powers and duties of marshals, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 569 of this title.

CROSS REFERENCES

Guam and Virgin Islands district attorneys or United States attorneys, duties, see sections 1424b and 1617 of Title 48, Territories and Insular Possessions.

Bankruptcy offenses, duties of United States attorneys, see section 3057 of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 19 section 2350; title 20 section 1082; title 42 section 294h.

§ 548. Salaries

Subject to sections 5315-5317 of title 5, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section 543 of this title at rates of com

Prior section 508.-Based on section 312 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees, and title 28, U.S.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, [repealed], 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 unnecessary.

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 [now section 543] and 507 [now sections 509 and 547] of this title, and other provisions of section 579 of title 28, U.S.C., 1940 ed., are incorporated in section 552 [now section 572] of this title.

PRIOR PROVISIONS

A prior section 548, act June 25, 1948, ch. 646, 62 Stat. 912, which related to administration of oaths by marshals, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663.

SALARY INCREASES

1969-Increase in the rates of pay of United States Attorneys and Assistant United States Attorneys whose annual salaries are fixed pursuant to this section, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, by amounts

equal, as nearly as may be practicable, to the increases provided pursuant to section 2 of Pub. L. 91-231, which raised corresponding rates by 6 percent, see Pub. L. 91-231, set out as a note under section 5332 of Title 5, Government Organization and Employees.

1967-Pub. L. 90-206, title II, § 211(a), Dec. 16, 1967, 81 Stat. 633, provided that: "The rates of basic pay of United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to section 548 of title 28, United States Code shall be increased, effective on the effective date of section 202 of this title [see Effective Date of 1967 Amendment note set out under section 5332 of Title 5, Government Organization and Employees] by amounts equal, as nearly as may be practicable, to the increases provided by section 202(a) of this title [see section 5332(a) of Title 5] for corresponding rates of basic pay."

Section 211(a) of Pub. L. 90-206 effective as of the beginning of the first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90-206, set out as a note under section 5332 of title 5. 1966-Pub. L. 89-504, title I, § 108(a), July 18, 1966, 80 Stat. 293, provided that: "The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to section 508 of title 28, United States Code [now this section] shall be increased, effective on the effective date of section 102 of this title [first day of the first pay period beginning on or after July 1, 1966], by amounts equal, as nearly as may be practicable, to the increases provided by section 102(a) of this title (see section 5332(a) of Title 5, Government Organization and Employees], for corresponding rates of compensation."

Provision effective July 18, 1966, see section 109(1) of Pub. L. 89–504.

1965-Pub. L. 89-301, § 15(a), Oct. 29, 1965, 79 Stat. 1122, provided that: “The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed pursuant to section 508 of title 28, United States Code, [now this section], shall be increased by 3.6 per centum effective on the first day of the first pay period which begins on or after October 1, 1965."

1962-Pub. L. 87-793, § 1003(b), Oct. 11, 1962, 76 Stat. 866, provided that: "The rates of basic compensation of assistant United States attorneys whose basic salaries are fixed by section 508 of title 28, United States Code, [now this section], shall be increased by 7 per centum effective on the first day of the first pay period which begins on or after the date of enactment of this Act [Oct. 11, 1962].”

COMPENSATION OF INCUMBent United States ATTORNEYS And Assistant United States ATTORNEYS Pub. L. 88-426, § 306(a)(2), Aug. 14, 1962, 78 Stat. 428, as amended by Pub. L. 88-631, § 3(c), Oct. 6, 1964, 78 Stat. 1008, provided that: "Subject to section 303(f) and (g) of this Act [see sections 5315 to 5317 of Title 5, Government Organization and Employees], each incumbent United States attorney and assistant United States attorney shall be paid compensation at a rate equal to that of attorneys of comparable responsibility and professional qualifications, as determined by the Attorney General, whose compensation is prescribed in the General Schedule of the Classification Act of 1949, as amended [now covered by chapter 51 and subchapter III of chapter 53 of Title 5]."

ALASKA, CANal Zone and VIRGIN ISLANDS

Act Mar. 2, 1955, ch. 9, § 2(b), 69 Stat. 10, provided that: "The salaries of United States attorneys and assistant United States attorneys for the districts of Alaska, Canal Zone, and the Virgin Islands are subject to the provisions of section 508 of title 28, United States Code [now this section.]"

SALARY LIMITATIONS

Acts Aug. 5, 1953, ch. 328, title II, § 202, 67 Stat. 375; July 2, 1954, ch. 456, title II, § 202, 68 Stat. 421, which

The second paragraph of former section 509 is omitted as it was superseded by the Travel Expense Act of 1949, which is codified in subchapter I of chapter 57 of title 5, United States Code.

The second paragraph was based in part on former section 73 of title 5, 1940 ed., which was superseded by the Subsistence Expense Act of 1926.

Section 6 of the Travel Expense Act of 1949, which is codified in section 5706 of title 5, United States Code, substantially reenacted former section 73 of title 5, 1940 ed., which was repealed by the Act of June 25, 1948, ch. 646, by which title 28 was originally enacted. The purpose of section 6 was to allow reimbursement for only such actual and necessary travel expenses incurred unless otherwise permitted by the Act of 1949 itself or by laws relating to the military. Section 6 did not, however, provide for the exception of United States attorneys as did former section 73.

Sections 2 and 3 of the Act of 1949, which are codified in sections 5701 and 5702 of title 5, United States Code, defined the coverage of the Act and allowed for specific exclusions in the legislative and judicial branches but did not mention an exclusion in the executive branch for United States attorneys.

Section 7 of the 1949 Act, which is codified in section 5707 of title 5, United States Code, expressly vested in the Director of the Bureau of the Budget the authority to prescribe regulations covering travel allowances and the reimbursement of travel expenses.

Section 8 of the 1949 Act, which is codified in section 5708(1), (2) of title 5, United States Code, made specific exclusions from the coverage of the Act, and United States attorneys were not so excluded.

Section 9 of the 1949 Act, which is codified in section 5708(3), (4) of title 5, United States Code, modified acts inconsistent with the 1949 Act, and specifically mentioned acts which authorize reimbursement of "actual and necessary" expenses.

1948 ACT

Prior section 509.-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 superseded 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 [now section 571] 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. [now section 561 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 [now section 569] 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 [now section 569] 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 [now section 571] 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 [now section 571] 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.

PRIOR PROVISIONS

A prior section 549, act June 25, 1948, ch. 646, 62 Stat. 912, which related to the marshal's power as a sheriff, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 570 of this title.

Prior section 510.-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 Stat. 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 484 of title 28, U.S.C., 1940 ed., related to clerical assistants for all United States attorneys. It was not affected by section 678 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 [now section 549] 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 [now section 571] 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, U.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.

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 550, acts June 25, 1948, ch. 646, 62 Stat. 912; Sept. 9, 1959, Pub. L. 86-243, § 2, 73 Stat. 474, which related to disbursement of salaries and expenses, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 571 of this title.

A prior section 551, act June 25, 1948, ch. 646, 62 Stat. 912, which related to the collection of fees by United States marshals, was repealed by Pub. L.

89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 572 of this title.

A prior section 552, act June 25, 1948, ch. 646, 62 Stat. 912, which related to the fixing of salaries of United States marshals, their deputies and assistants, by the Attorney General, was repealed by Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 663. See section 571 of this title.

A prior section 553, acts June 25, 1948, ch. 646, 62 Stat. 912; May 24, 1949, ch. 139, § 72, 63 Stat. 100; Aug. 4, 1955, ch. 550, 69 Stat. 492; Aug. 14, 1961, Pub. L. 87-139, § 5, 75 Stat. 340, which related to expenses of marshal, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 567 of this title.

A prior section 554, act June 25, 1948, ch. 646, 62 Stat. 913, which related to the delivery of prisoners to the successor marshal, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 573 of this title.

A prior section 555, act June 25, 1948, ch. 646, 62 Stat. 913, which related to the delivery of all unserved process to the successor marshal or his deputies, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 574 of this title.

A prior section 556, act June 25, 1948, ch. 646, 62 Stat. 913, which related to the prohibition of the practice of law by a marshal or deputy marshal, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 663. See section 575 of this title.

(b) Each marshal shall be appointed for a term of four years. On expiration of his term, a marshal shall continue to perform the duties of his office until his successor is appointed and qualifies, unless sooner removed by the President.

(c) The Attorney General shall designate places within the district for the official station and offices of each marshal. Each marshal shall reside within the district for which he was appointed, except that the marshal for the District of Columbia and the Southern District of New York may reside within 20 miles thereof. The preceding sentence shall not apply to any United States marshal appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district. (Added Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 619, and amended Pub. L. 95-530, § 2, Oct. 27, 1978, 92 Stat. 2028.)

Prior section 541.-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, 83, 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

1948 ACT

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 marshal 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 [now section 569] 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 [repealed]).

Other provisions of section 524 of title 28, U.S.C., 1940 ed., are incorporated in sections 505 [now section 545] and 751 of this title. Other provisions of section 643 of title 48, U.S.C., 1940 ed., are incorporated in sections 133, 501 [now section 541] and 504 [now sections 541 and 544] of this title. Parts of said section 863 remain in said title 48. For remainder of said section, see Distribution Table.

Changes were made in phraseology.

Prior section 542.-Based on title 28, U.S.C., 1940 ed., §§ 492 and 493 (R.S. § 780; Aug. 8, 1888, ch. 792, § 4, 25 Stat. 390; May 28, 1896, ch. 252, §§ 10, 11, 29 Stat. 182; June 1, 1900, ch. 601, § 4, 31 Stat. 250; Feb. 19, 1909, ch. 161, 35 Stat. 640; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Mar. 4, 1911, ch. 269, 36 Stat. 1355).

This section consolidates sections 492 and 493 of title 28, U.S.C., 1940 ed.

Section 492 of title 28, U.S.C., 1940 ed., authorized the marshal to appoint field deputies and report the appointments to the Attorney General who could "at any time cancel any such appointment as the public interest may require."

Section 493 of title 28, U.S.C., 1940 ed., did not include any mention of the office deputies holding office at the pleasure of the marshals and the Attorney General.

Since, however, each marshal's bond covers both field and office deputies, there is no apparent reason for any distinction with respect to tenure or method of appointment.

Such phrases as "when ・・・ the public interest requires" and the requirement that each marshal shall in his report or recommendation "state the facts as distinguished from conclusions, showing necessity for the same" were omitted as surplusage since presumably the Attorney General makes all such appointments in the public interest and only upon a showing of necessity.

Words "on the recommendation of the marshal" in section 493 of title 28, U.S.C., 1940 ed., were omitted as unnecessary.

Deputies are now members of the civil service and removable only in accordance with civil-service regulations. Therefore all reference to removal by the Attorney General or the district court are omitted from the revised section. There seem to have been no removals of deputy marshals by district courts in the last 25 years.

Clerical assistants are civil service employees removable only after filing of charges and opportunity for hearing. See section 652 of title 5, U.S.C., 1940 ed.

The exception of the Territory of Alaska, contained in section 591 of title 28, U.S.C., 1940 ed., and referred to in sections 492 and 493 of title 28, U.S.C., 1940 ed., was omitted as covered by section 110 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions.

Provision for the Canal Zone is made by section 1353 of title 48, U.S.C., 1940 ed.; and for the Virgin Islands by section 1405y [repealed] of said title 48. Changes were made in phraseology.

CROSS REFERENCES

Virgin Islands, appointment of marshal, see section 1614 of Title 48, Territories and Insular Possessions. § 563. Oath of office

Each United States marshal and deputy marshal before assuming the duties of his office shall take the following oath or affirmation: do solemnly swear (or affirm) that I will faithfully execute all lawful precepts directed to the under the authority of the United States, make true returns, take only lawful fees, and in all things well and truly, and without malice or partiality, perform the duties of the office of during my

continuance in office. So help me God",

(Added Pub. L. 89-554, § 4(c), Sept. 6, 1966, 80 Stat. 619.)