Lovering v. United States

Citations

• 117 F. 565
• 1902 U.S. Dist. LEXIS 83

Syllabus

<p>1. Marshal’s Fees—Attendance of Deputy.</p> <p>A marshal is entitled to charge for the attendance of a deputy before a United States commissioner, though the same person is paid the same day. for attendance as bailiff before federal courts.</p> <p>2. Same—Unnecessary Process.</p> <p>It not being for a marshal to determine whether there is occasion for issuing process, he may charge for a service of a warrant for arrest when the defendant is already under arrest for another offense, and service of subpoenas to witnesses already summoned to attend in another case on the same day; the process being placed in his hands for service, and appearing to be issued out of the proper court, and regular in form and purport.</p> <p>8. Same—Discharge.</p> <p>A marshal may charge for a discharge where defendants were committed for nonpayment of a fine and it was paid the same day.</p> <p>4. Same—Commitment.</p> <p>A marshal may charge for a commitment where defendant is already under arrest on another warrant.</p> <p>5. Same—Travel.-</p> <p>A marshal is allowed for travel on the service of each warrant when not more than two are served on the same defendant for the same party on the same day.</p> <p>6. Same—Transportation.</p> <p>A. marshal, for transportation on orders to bring in defendants or witnesses, or to take them back to jail, will be allowed only actual expenses.</p> <p>7. Same—Venire for Jury.</p> <p>The marshal is entitled to $2 for each venire, the aggregate not to exceed $50 at any term, for bringing in grand and petit jurors.</p> <p>8. Same—Bringing in Poor Convicts.</p> <p>A marshal may charge for travel and transportation and for attendance in bringing in poor convicts before a commissioner under Rev. St. U. S. § 1042.</p> <p>9. Same—Copies of Libels.</p> <p>A marshal is entitled to the customary charges at the rates' charged for such services by officers of the state courts for copies of libels in admiralty, for services on newspapers, and for posting; the serv