Case No. 15,669.

UNITED STATES v. McDONALD.

[1 Cranch, C. C. 78.]¹

Circuit Court, District of Columbia.

March Term, 1802.

MARSHAL'S FEES—IMPANELLING JURY.

The marshal is entitled to a fee of ninety pounds of tobacco for impanelling a jury in a criminal prosecution.

Ca. sa. for a fine.

Mr. Mason, attorney for the United States, moved the court to strike out of the execution, the charge of ninety pounds of tobacco for a fee to the marshal for impanelling a jury; contending that the charge was not 1085authorized by law. But the court rejected the motion, after considering the act of congress of 27th Feb., 1801, concerning the District of Columbia (1 Stat. 103); and the act of 28th Feb., 1799, providing compensation for the marshals, &c. (1 Stat 624); and the act of assembly of Maryland, Nov. 1799, c. 25, regulating officer's fees.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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