12. Marshal to be a conservator of the peace. 35. Notaries to be appointed by the circuit

98. Every officer may summon aid when resisted.

99. Obligations allowed by law only to be taken.

72. He may appoint one or more deputies. 73. He shall have custody of the books and 100. Remedy of officers against deputies and papers of his office, and deliver them their sureties in certain cases. over to his successor.

DISTRICT ATTORNEY.

SECTION 1. There shall be an attorney of the United States for this District, who shall be sworn to the faithful execution of his office, and whose duty it shall be to prosecute in this District all delinquents for crimes and offences cognizable under the authority of the United

States and the laws of this District, and all civil actions in which the United States shall be concerned, except before the Supreme Court of the United States.

SEC. 2. The district attorney shall be appointed for the term of four years, but shall be removable from office at the pleasure of the President of the United States.

SEC. 3. The district attorney shall not receive any fee or reward from, or in behalf of, any prosecutor, for services in any prosecution or business, in which it shall be his official duty to attend.

MARSHAL.

SEC. 4. There shall be a marshal of the United States for this District, who shall be appointed for four years, but shall be removable from office at the pleasure of the President of the United States.

SEC. 5. It shall be the duty of the marshal to attend the circuit, district, criminal, and orphans' courts of this District, and also the Supreme Court of the United States, when sitting therein.

SEC. 6. The marshal may appoint one or more deputies, who shall be removable from office by the judges of the circuit court, or by the judge of the criminal or district court.

SEC. 7. Before the marshal enters upon the duties of his office, he shall become bound for the faithful performance of the same, by himself and his deputies, before any one of the judges of the circuit court, or before the judge of the criminal court, jointly and severally, with two good and sufficient sureties, inhabitants and freeholders within this District, to be approved by either of the said judges, in the sum of twenty thousand dollars.

SEC. 8. The marshal shall also take before any one of the judges of the circuit court, or the judge of the criminal court, as shall also his deputies, before they enter upon the duties of their appointment, the following oath of office: "I, -, do solemnly swear, that I will faithfully execute all lawful precepts directed to the marshal of the District of Columbia, under the authority of the United States and the laws of the District of Columbia, and true returns make, and in all things well and truly, and without malice or par tiality, perform the duties of the office of marshal (or marshal's deputy, as the case may be) of the District of Columbia during my continuance in said office, and take only my lawful fees: So help me God."

SEC. 9. The marshal shall have custody of the jail, and be accountable for the safe keeping of all prisoners legally committed therein under the authority of the United States and the laws of this District.

SEC. 10. In case of the death of the marshal, his deputies shall continue in office, unless removed, and shall execute writs and precepts in the name of the deceased marshal, until another shall be appointed and qualified. The defaults or misfeasances in office of such deputies, in the mean time, as well as before, shall be adjudged a breach of the condition of the bond given by the marshal who appointed them; and the executor or administrator of the deceased marshal shall have like remedy for the defaults and misfeasances in office of such deputies, during such interval, as the marshal would have been entitled to if he had lived and continued in the exercise of his office, until his successor was appointed and qualified.

SEC. 11. The marshal, when removed from office, or when the term for which he was appointed shall have expired, shall, together with his deputies, have the power to execute all such precepts as shall be in his or their hands, respectively, at the time of such removal or expiration of term of office; and the marshal shall be answerable for the delivery to his successor of all prisoners who may be in his custody at the time of his removal, or when the term for which he was appointed shall have expired, and for that purpose may retain such prisoners in his custody until his successor shall be appointed and qualified as the law directs.

SEC. 12. The marshal shall be a conservator of the peace within this District, and shall arrest, without process, all persons who, within his view, shall commit any crime or misdemeanor, take them before any justice of the peace, and detain them in custody until the cause of such arrest has been investigated. It shall be his duty to prevent, quell, and suppress all affrays, breaches of the peace, riots, and insurrections that may come to his knowledge, and to pursue and commit to jail all felons.

SEC. 13. It shall be the duty of the marshal to execute all writs, warrants, and process of any kind, which, by law, shall appertain to the duties of his office, and which shall be directed to him by legal authority; and he shall do and perform all other acts and duties which may be required of him by law.

Sac. 14. When the marshal has collected any money on execution, Le shall pay over the same at the earliest opportunity, unless enjoined.

Sa. 15. If the marshal shall neglect or refuse to levy upon or sell any property, justly liable to execution, when the same might have been done, he shall be amerced to the value of such property, not to exceed the amount necessary to satisfy the execution.

SEC. 16. If the marshal shall neglect or refuse to return any execu tion as required by law, or shall make a false return thereon, he shall be amerced in such amount as he might and should have levied by virtue of the execution.

SEC. 17. If the marshal shall neglect or refuse, on demand, to pay over any money collected on execution, to the execution creditor, his agent or attorney, or to the execution debtor when he is entitled thereto, he shall be amerced to the amount thus withheld.

SEC. 18. In all the cases specified in the three preceding sections, the plaintiff shall, in addition to the amercement, recover of the marshal fifteen per cent. per annum damages on the amount of the amercement. Such recovery may be had by motion against the marshal in the court to which such execution is returnable, ten days' notice thereof being given, or by action on the marshal's bond..

SEC. 19. If the marshal shall neglect or refuse to make due return on any process delivered to him, other than such as is herein before in this chapter provided for, or shall make a false return thereon, or shall be guilty of any misconduct in relation thereto, he shall be liable to a fine not exceeding five hundred dollars, in the discretion of the court to which such process is returnable, and shall also be liable to an action on his official bond to the party aggrieved.

SEC. 20. If the marshal shall pay to the plaintiff in execution the amercement, and damages specified in the eighteenth section of this chapter, he shall thereupon become entitled to the judgment as fully as the plaintiff in execution was, and may issue execution thereon for his own use, and shall be entitled to every other benefit and advantage from such judgment that the plaintiff in execution might or could have had thereon.

SEC. 21. When any process or order shall be delivered to the marshal to be executed, he shall endorse upon it the time of its reception. He shall execute it with diligence according to its command, or as