Page:United States Statutes at Large Volume 62 Part 1.djvu/941

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

62 STAT.] 80TH CONG. , 2D SESS.-CH. 646-JUNE 25, 1948 (b) 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 twenty miles thereof. (c) Each marshal shall be appointed for a term of four years, except in the district of Hawaii where the term shall be six years. Upon the 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. (d) Only citizens of the Territory of Hawaii who have resided therein at least three years next preceding shall be eligible for appoint- ment as United States marshal for the district of Hawaii. § 542. Appointment and tenure of deputies and assistants The Attorney General may authorize any United States marshal to appoint deputies and clerical assistants. Deputy marshals shall be subject to removal by the marshal pursuant to civil-service regulations. § 543. Oath of office Each United States marshal and deputy marshal before assuming the duties of his office shall take the following oath or affirmation: "I, -- , 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 Ihelp me God." § 544. Bond (a) Each United States marshal, including any marshal appointed to serve during a vacancy, before entering on the duties of his office, shall give a bond in the sum of $20,000 for the faithful performance of duty by himself and his deputies during his continuance in office and by his deputies after his death until his successor is appointed and qualifies. The bond shall be approved by a judge of the district court of the district for which such marshal is appointed, and filed and recorded in the office of the clerk. (b) The Attorney General may require the United States marshal for the Southern District of New York to give bond in a sum not exceeding $75,000, and any other United States marshal to give bond in a sum not exceeding $40,000. (c) Any person injured by a breach of a United States marshal's bond may sue thereon, in his own name, to recover his damages. Such action shall be commenced within six years after the right accrues, but a person under legal disability may sue within three years after the removal of his disability. After judgment the marshal's bond shall remain as security until the whole penalty has been recovered. § 545. Vacancies The district court for a district in which the office of United States marshal is vacant may appoint a United States marshal to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. § 546. Death of marshal Upon the death of any United States marshal his deputy or deputies shall perform the duties of the deceased marshal in his name until his successor is appointed and qualifies. The default or misfeasance of any deputy shall be a breach of the 911 U. S . marshal. Hawaii.