§ 567. — Collection of fees; accounting.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC567]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 37--UNITED STATES MARSHALS SERVICE
Sec. 567. Collection of fees; accounting
(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, 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.)
Historical and Revision Notes
1966 Act
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Revised Statutes and
Derivation U.S. Code 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.
