Legislación
US (United States) Code. Title 28. Part II: Department of Justice. Chapter 37: US (United States) Marshals Service
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28 USC CHAPTER 37 - UNITED STATES MARSHALS SERVICE 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-MISC1-
Sec.
561. United States Marshals Service.
562. Vacancies.
563. Oath of office.
564. Powers as sheriff.
565. Expenses of the Service.
566. Powers and duties.
567. Collection of fees; accounting.
568. Practice of law prohibited.
569. Reemployment rights.
AMENDMENTS
1988 - Pub. L. 100-690, title VII, Sec. 7608(a)(3), Nov. 18,
1988, 102 Stat. 4514, substituted in chapter heading "Marshals
Service" for "Marshals" and amended chapter analysis generally,
substituting items 561 to 569 for former items 561 to 576.
1984 - Pub. L. 98-473, title II, Sec. 1211(c), Oct. 12, 1984, 98
Stat. 2163, added item 576.
1982 - Pub. L. 97-258, Sec. 2(g)(3)(A), Sept. 13, 1982, 96 Stat.
1060, added item 572a.
1972 - Pub. L. 92-310, title II, Sec. 206(a)(2), June 6, 1972, 86
Stat. 203, struck out item 564 "Bond".
1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 619,
added chapter 37 and items 561 to 575.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 42 section 14405; title 48
sections 1424b, 1614, 1821.
-End-
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28 USC Sec. 561 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 561. United States Marshals Service
-STATUTE-
(a) There is hereby established a United States Marshals Service
as a bureau within the Department of Justice under the authority
and direction of the Attorney General. There shall be at the head
of the United States Marshals Service (hereafter in this chapter
referred to as the "Service") a Director who shall be appointed by
the President, by and with the advice and consent of the Senate.
(b) The Director of the United States Marshals Service (hereafter
in this chapter referred to as the "Director") shall, in addition
to the powers and duties set forth in this chapter, exercise such
other functions as may be delegated by the Attorney General.
(c) The President shall appoint, by and with the advice and
consent of the Senate, a United States marshal for each judicial
district of the United States and for the Superior Court of the
District of Columbia, except that any marshal appointed for the
Northern Mariana Islands may at the same time serve as marshal in
another judicial district. Each United States marshal shall be an
official of the Service and shall serve under the direction of the
Director.
(d) Each marshal shall be appointed for a term of four years. A
marshal shall, unless that marshal has resigned or been removed by
the President, continue to perform the duties of that office after
the end of that 4-year term until a successor is appointed and
qualifies.
(e) The Director shall designate places within a judicial
district for the official station and offices of each marshal. Each
marshal shall reside within the district for which such marshal is
appointed, except that -
(1) the marshal for the District of Columbia, for the Superior
Court of the District of Columbia, and for the Southern District
of New York may reside within 20 miles of the district for which
the marshal is appointed; and
(2) any marshal appointed for the Northern Mariana Islands who
at the same time is serving as marshal in another district may
reside in such other district.
(f) The Director is authorized to appoint and fix the
compensation of such employees as are necessary to carry out the
powers and duties of the Service and may designate such employees
as law enforcement officers in accordance with such policies and
procedures as the Director shall establish pursuant to the
applicable provisions of title 5 and regulations issued thereunder.
(g) The Director shall supervise and direct the United States
Marshals Service in the performance of its duties.
(h) The Director may administer oaths and may take affirmations
of officials and employees of the Service, but shall not demand or
accept any fee or compensation therefor.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988,
102 Stat. 4512; amended Pub. L. 107-273, div. A, title III, Sec.
301(b), Nov. 2, 2002, 116 Stat. 1781.)
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PRIOR PROVISIONS
A prior section 561, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 619; amended Pub. L. 95-530, Sec. 2, Oct. 27, 1978,
92 Stat. 2028, related to appointment, term, and residence of
United States marshals, prior to repeal by Pub. L. 100-690, Sec.
7608(a)(1).
AMENDMENTS
2002 - Subsec. (i). Pub. L. 107-273 struck out subsec. (i) which
read as follows: "There are authorized to be appropriated such sums
as may be necessary to carry out the functions of the Service."
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 562 of this title.
-End-
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28 USC Sec. 562 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 562. Vacancies
-STATUTE-
(a) In the case of a vacancy in the office of a United States
marshal, the Attorney General may designate a person to perform the
functions of and act as marshal, except that the Attorney General
may not designate to act as marshal any person who was appointed by
the President to that office but with respect to such appointment
the Senate has refused to give its advice and consent.
(b) A person designated by the Attorney General under subsection
(a) may serve until the earliest of the following events:
(1) The entry into office of a United States marshal appointed
by the President, pursuant to section 561(c).
(2) The expiration of the thirtieth day following the end of
the next session of the Senate.
(3) If such designee of the Attorney General is appointed by
the President pursuant to section 561(c), but the Senate refuses
to give its advice and consent to the appointment, the expiration
of the thirtieth day following such refusal.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988,
102 Stat. 4513.)
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PRIOR PROVISIONS
A prior section 562, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 619, related to appointment of deputy marshals and
clerical assistants, prior to repeal by Pub. L. 100-690, Sec.
7608(a)(1). See section 561(f) of this title.
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28 USC Sec. 563 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 563. Oath of office
-STATUTE-
The Director and each United States marshal and law enforcement
officer of the Service, before taking office, shall take an oath or
affirmation to faithfully execute the duties of that office.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988,
102 Stat. 4513.)
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PRIOR PROVISIONS
A prior section 563, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 619, specifically stated the oath of office to be
taken, prior to repeal by Pub. L. 100-690, Sec. 7608(a)(1). See
section 561(h) of this title.
-End-
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28 USC Sec. 564 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 564. Powers as sheriff
-STATUTE-
United States marshals, deputy marshals and such other officials
of the Service as may be designated by the Director, in executing
the laws of the United States within a State, may exercise the same
powers which a sheriff of the State may exercise in executing the
laws thereof.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988,
102 Stat. 4513.)
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PRIOR PROVISIONS
A prior section 564, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 619, related to bonds of United States marshals,
prior to repeal by Pub. L. 92-310, title II, Sec. 206(a)(1), June
6, 1972, 86 Stat. 203.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3002 of this title.
-End-
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28 USC Sec. 565 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 565. Expenses of the Service
-STATUTE-
The Director is authorized to use funds appropriated for the
Service to make payments for expenses incurred pursuant to personal
services contracts and cooperative agreements, authorized by the
Attorney General, for security guards and for the service of
summons on complaints, subpoenas, and notices in lieu of services
by United States marshals and deputy marshals.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988,
102 Stat. 4513.)
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PRIOR PROVISIONS
A prior section 565, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 620, related to filling vacancies, prior to repeal
by Pub. L. 100-690, Sec. 7608(a)(1). See section 562 of this title.
-End-
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28 USC Sec. 566 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 566. Powers and duties
-STATUTE-
(a) It is the primary role and mission of the United States
Marshals Service to provide for the security and to obey, execute,
and enforce all orders of the United States District Courts, the
United States Courts of Appeals and the Court of International
Trade.
(b) The United States marshal of each district is the marshal of
the district court and of the court of appeals when sitting in that
district, and of the Court of International Trade holding sessions
in that district, and may, in the discretion of the respective
courts, be required to attend any session of court.
(c) Except as otherwise provided by law or Rule of Procedure, the
United States Marshals Service shall execute all lawful writs,
process, and orders issued under the authority of the United
States, and shall command all necessary assistance to execute its
duties.
(d) Each United States marshal, deputy marshal, and any other
official of the Service as may be designated by the Director may
carry firearms and make arrests without warrant for any offense
against the United States committed in his or her presence, or for
any felony cognizable under the laws of the United States if he or
she has reasonable grounds to believe that the person to be
arrested has committed or is committing such felony.
(e)(1) The United States Marshals Service is authorized to -
(A) provide for the personal protection of Federal jurists,
court officers, witnesses, and other threatened persons in the
interests of justice where criminal intimidation impedes on the
functioning of the judicial process or any other official
proceeding; and
(B) investigate such fugitive matters, both within and outside
the United States, as directed by the Attorney General.
(2) Nothing in paragraph (1)(B) shall be construed to interfere
with or supersede the authority of other Federal agencies or
bureaus.
(f) In accordance with procedures established by the Director,
and except for public money deposited under section 2041 of this
title, each United States marshal shall deposit public moneys that
the marshal collects into the Treasury, subject to disbursement by
the marshal. At the end of each accounting period, the earned part
of public moneys accruing to the United States shall be deposited
in the Treasury to the credit of the appropriate receipt accounts.
(g) Prior to resignation, retirement, or removal from office -
(1) a United States marshal shall deliver to the marshal's
successor all prisoners in his custody and all unserved process;
and
(2) a deputy marshal shall deliver to the marshal all process
in the custody of the deputy marshal.
(h) The United States marshals shall pay such office expenses of
United States Attorneys as may be directed by the Attorney General.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7608(a)(1), Nov. 18, 1988,
102 Stat. 4514.)
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PRIOR PROVISIONS
A prior section 566, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 620; amended Pub. L. 92-310, title II, Sec. 206(b),
June 6, 1972, 86 Stat. 203, provided that upon death of a marshal
his deputy or deputies perform his duties until a successor is
appointed and qualifies, prior to repeal by Pub. L. 100-690, Sec.
7608(a)(1).
FUGITIVE APPREHENSION TASK FORCES
Pub. L. 106-544, Sec. 6, Dec. 19, 2000, 114 Stat. 2718, provided
that:
"(a) In General. - The Attorney General shall, upon consultation
with appropriate Department of Justice and Department of the
Treasury law enforcement components, establish permanent Fugitive
Apprehension Task Forces consisting of Federal, State, and local
law enforcement authorities in designated regions of the United
States, to be directed and coordinated by the United States
Marshals Service, for the purpose of locating and apprehending
fugitives.
"(b) Authorization of Appropriations. - There are authorized to
be appropriated to the Attorney General for the United States
Marshals Service to carry out the provisions of this section
$30,000,000 for the fiscal year 2001, $5,000,000 for fiscal year
2002, and $5,000,000 for fiscal year 2003.
"(c) Other Existing Applicable Law. - Nothing in this section
shall be construed to limit any existing authority under any other
provision of Federal or State law for law enforcement agencies to
locate or apprehend fugitives through task forces or any other
means."
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28 USC Sec. 567 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 567. Collection of fees; accounting
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 621, Sec.
572; renumbered Sec. 567, Pub. L. 100-690, title VII, Sec.
7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
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HISTORICAL AND REVISION NOTES
1966 ACT
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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28 U.S.C. 551. [None].
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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., Secs.
577, 578a (R.S. Sec. 846; May 28, 1896, ch. 252, Secs. 6, 13, 24,
29 Stat. 179, 183, 186; May 27, 1908, ch. 200, Sec. 1, 35 Stat.
375; June 6, 1930, ch. 409, 46 Stat. 522; Oct. 13, 1941, ch. 431,
Sec. 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.
PRIOR PROVISIONS
A prior section 567, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 620, related to expenses of marshals, prior to
repeal by Pub. L. 100-690, Sec. 7608(a)(1). See section 565 of this
title.
AMENDMENTS
1988 - Pub. L. 100-690 renumbered section 572 of this title as
this section.
-End-
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28 USC Sec. 568 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 568. Practice of law prohibited
-STATUTE-
A United States marshal or deputy marshal may not practice law in
any court of the United States.
-SOURCE-
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 621, Sec.
575; renumbered Sec. 568, Pub. L. 100-690, title VII, Sec.
7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
-MISC1-
HISTORICAL AND REVISION NOTES
1966 ACT
--------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
--------------------------------------------------------------------
28 U.S.C. 556. [None].
--------------------------------------------------------------------
The words "may not" are substituted for "shall not".
1948 ACT
Prior section 556. - Based on title 28, U.S.C., 1940 ed., Secs.
395 and 396 (Mar. 3, 1911, ch. 231, Secs. 273, 274, 36 Stat. 1164).
Section consolidates parts of sections 395 and 396 of title 28,
U.S.C., 1940 ed. Similar provisions in said sections, relating to
clerks, are incorporated in section 955 of this title.
The revised section substitutes, as simpler and more appropriate,
the prohibition against practice of law "in any court of the United
States" for the more involved language of section 395 of title 28,
U.S.C., 1940 ed., which provided that no clerks or marshals,
deputies, or assistants within the district for which appointed
"shall act as solicitor, proctor, attorney or counsel, in any cause
depending in any of said courts, or in any district for which he is
acting as such officer."
Provisions of section 396 of title 28, U.S.C., 1940 ed., for
striking the name of an offender from the roll of attorneys and for
recommendation of dismissal, were omitted as unnecessary and as
covered by section 541 of this title.
Changes were made in phraseology.
PRIOR PROVISIONS
A prior section 568, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 620, related to availability of appropriations for
transfer of prisoners to narcotic farms, prior to repeal by Pub. L.
100-690, Sec. 7608(a)(1).
AMENDMENTS
1988 - Pub. L. 100-690 renumbered section 575 of this title as
this section.
-End-
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28 USC Sec. 569 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
Sec. 569. Reemployment rights
-STATUTE-
(a) A United States marshal for a judicial district who was
appointed from a position in the competitive service (as defined in
section 2102 of title 5) in the United States Marshals Service and
who, for reasons other than misconduct, neglect of duty, or
malfeasance, is removed from such office, is entitled to be
reemployed in any vacant position in the competitive service in the
United States Marshals Service at the same grade or pay level, or
lower, as the individual's former position if -
(1) the individual is qualified for the vacant position; and
(2) the individual has made application for the position not
later than ninety days after being removed from office as a
United States marshal.
Such individual shall be so reemployed within thirty days after
making such application or after being removed from office,
whichever is later. An individual denied reemployment under this
section in a position because the individual is not qualified for
that position may appeal that denial to the Merit Systems
Protection Board under section 7701 of title 5.
(b) Any United States marshal serving on the effective date of
this section shall continue to serve for the remainder of the term
for which such marshal was appointed, unless sooner removed by the
President.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 1211(a), Oct. 12, 1984, 98
Stat. 2163, Sec. 576; renumbered Sec. 569, Pub. L. 100-690, title
VII, Sec. 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this section, referred to in subsec. (b),
is Oct. 1, 1984. See Effective Date note set out below.
-MISC1-
PRIOR PROVISIONS
A prior section 569, added Pub. L. 89-554, Sec. 4(c), Sept. 6,
1966, 80 Stat. 620; amended Pub. L. 95-598, title II, Sec. 221,
Nov. 6, 1978, 92 Stat. 2662; Pub. L. 96-417, title V, Sec. 501(12),
Oct. 10, 1980, 94 Stat. 1742; Pub. L. 99-466, Sec. 3(a), Oct. 14,
1986, 100 Stat. 1191, related to powers and duties generally and
supervision by the Attorney General, prior to repeal by Pub. L.
100-690, Sec. 7608(a)(1). See section 566 of this title.
AMENDMENTS
1988 - Pub. L. 100-690 renumbered section 576 of this title as
this section.
EFFECTIVE DATE
Section 1212 of subpart B (Secs. 1211, 1212) of part F of chapter
XII of title II of Pub. L. 98-473 provided that: "The amendments
made by this subpart [enacting this section] shall take effect on
October 1, 1984."
-End-
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28 USC Secs. 570, 571 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
[Secs. 570, 571. Repealed. Pub. L. 100-690, title VII, Sec.
7608(a)(1), Nov. 18, 1988, 102 Stat. 4512]
-MISC1-
Section 570, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
Stat. 620, granted United States marshals the power of a sheriff in
executing laws of the United States in a State. See section 564 of
this title.
Section 571, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
Stat. 621; amended Pub. L. 95-598, title II, Secs. 222, 223, Nov.
6, 1978, 92 Stat. 2662; Pub. L. 97-258, Sec. 2(g)(2), Sept. 13,
1982, 96 Stat. 1060, related to disbursement of salaries and
moneys.
-End-
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28 USC Sec. 572 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
[Sec. 572. Renumbered Sec. 567]
-STATUTE-
-End-
-CITE-
28 USC Secs. 572a to 574 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
[Secs. 572a to 574. Repealed. Pub. L. 100-690, title VII, Sec.
7608(a)(2)(A), Nov. 18, 1988, 102 Stat. 4514]
-MISC1-
Section 572a, added Pub. L. 97-258, Sec. 2(g)(3)(B), Sept. 13,
1982, 96 Stat. 1060, related to depositing of public moneys. See
section 566(f) of this title.
Section 573, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
Stat. 621, related to delivery of prisoners to a successor. See
section 566(g)(1) of this title.
Section 574, added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
Stat. 621, related to delivery of unserved process to a successor.
See section 566(g)(2) of this title.
-End-
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28 USC Secs. 575, 576 01/06/03
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 37 - UNITED STATES MARSHALS SERVICE
-HEAD-
[Secs. 575, 576. Renumbered Secs. 568, 569]
-STATUTE-
-End-
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Idioma: | inglés |
País: | Estados Unidos |