U.S. Code » Title 28 » Part PART II— DEPARTMENT OF JUSTICE › Chapter CHAPTER 37— UNITED STATES MARSHALS SERVICE

28 U.S.C. § 567

Collection of fees; accounting

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(a) Each United States marshal shall collect, as far as possible, his lawful fees and account for the same as public moneys.(b) The marshal’s accounts of fees and costs paid to a witness or juror on certificate of attendance issued as provided by sections 1825 and 1871 of this title may not be reexamined to charge him for an erroneous payment of the fees or costs.(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 621, § 572; renumbered § 567, Pub. L. 100–690, title VII, § 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)

Historical and Revision Notes

1966 Act

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

28 U.S.C. 551.

[None].

In subsection (b), the words “may not” are substituted for “shall not”.

1948 Act

Prior section 551.—Based on title 28, U.S.C., 1940 ed., §§ 577, 578a (R.S. § 846; May 28, 1896, ch. 252, §§ 6, 13, 24, 29 Stat. 179, 183, 186; May 27, 1908, ch. 200, § 1, 35 Stat. 375; June 6, 1930, ch. 409, 46 Stat. 522; Oct. 13, 1941, ch. 431, § 1, 55 Stat. 736).

Section consolidates first sentence of section 577 with section 578a of title 28, U.S.C., 1940 ed., with changes of phraseology necessary to effect consolidation. Other provisions of said section 577 are incorporated in section 1929 of this title.

The qualification that payments of witness fees or costs be made upon “order of court,” contained in said section 577 of title 28, U.S.C., 1940 ed., was omitted as obsolete and suitable reference was made to sections 1825 and 1871 of this title under which payments are now made on certificates of attendance.

Section 578a of title 28, U.S.C., 1940 ed., is rewritten in simplified terms without change of substance. The proviso of such section 578a, prohibiting the collection of fees from the United States, was omitted as covered by section 2412 of this title, providing that the United States should be liable only for fees when such liability is expressly provided by Congress.

The provision of section 578a of title 28, U.S.C., 1940 ed., requiring that fees and emoluments collected by the marshal shall be deposited by him in accordance with the provisions of section 495 of title 31, U.S.C., 1940 ed., Money and Finance, was omitted as said section 495 governs such deposits without implementation in this section.

Editorial NotesPrior Provisions

A prior section 567, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620, related to expenses of marshals, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 565 of this title.

Amendments

1988—Pub. L. 100–690 renumbered section 572 of this title as this section.

Notes of Decisions
Cited in 14 cases, 1948–1996 · leading case: Wiggins v. County of Alameda
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Wiggins v. County of Alameda (1983) ca9 · cites it 2× “The court considered and rejected arguments by the State that various federal statutes pertaining to the duties of federal marshals, including 28 U.S.C. §§ 567 (2), 569(a), 569(b), & 571, required the United States either to transport and guard the prisoner or to reimburse the…”
United States v. Robert D. Pommerening and Cletus A. Reding (1974) ca10 “The government suggests that under 28 U.S.C. § 567 the marshal is authorized expenses for transporting prisoners, subsistence and so forth.”
Ballard v. Spradley (1977) ca5 “28 U.S.C. § 567 and 28 C.F.R. §§ 0.111 (b); (i), 0.”
Greene v. Prunty (1996) casd “See 28 U.S.C. §§ 567 (2), 569(b). 5 . The California Attorney Generals’ Office, which represents the defendant, opposes the taking of an inmate-witness' deposition.”
Garland v. Sullivan (1984) ca3 · cites it 2× “A third statute relied on by the Commonwealth was 28 U.S.C. § 567 (2), which provides that each United States Marshal shall be allowed “the expense of transporting prisoners____” We held that this statute was no authority, at least absent some intergovernmental agreement, see 28…”
Turkett v. United States (1948) nynd “He is required to account for same by the provisions of 28 U.S.C.A. § 567 . Rule 8 of the Rules of the District Court for the Northern District of New York provides that upon the institution of any suit an indemnity of ten dollars shall be deposited with the clerk.”
Story v. Robinson (1982) pawd “28 U.S.C. §§ 567 , 571; 28 C.F.R. §§ 0.11 (b), 0.”
Ford v. Allen (1984) ca11 · cites it 2× “” 1 In addition, 28 U.S.C.A. § 567 (2) (West 1968) makes funds available for payment of expenses incurred in carrying out these duties.”
Story v. Robinson (1982) ca3 “the nearest county jail, cited 28 U.S.C. §§ 567 (2) and 571. Section 567(2) provides that each United States Marshal shall be allowed “the expense of transporting prisoners, including the cost of necessary guards and the travel and subsistence expense of prisoners and guards.”
United States ex rel. Griffin v. McMann (1970) nyed “By accepting custody, without more, the Marshal in the instant case assumed the responsibility of transporting and lodging the prisoner.”
Rivera v. Santirocco (1987) ca2 “After noting that the Marshals have a duty to comply with the lawful orders and writs of the federal courts, under 28 U.S.C. §§ 567 and 569(b), the court found that these statutes do not provide a separate source of judicial authority to issue such orders or writs.”
Ruth v. Congress of United States (1976) njd “attorney and assistants 28 U.S.C. § 567 expenses of U. S. Marshal 28 U.”
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