United States v. McDonald.
The marshal is entitled to a fee of ninety pounds of tobacco for impanelling a jury-in a criminal prosecution.
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 hot authorized 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. at Large, 103 ]; and the Act of 28th Feb. 1799, providing compensation for the marshals, &e. [1 Stat. at Large, 624]; and the Act of Assembly of Maryland, Nov. 1799, c. 25, regulating officer’s fees.-
[MAJORITY]
Ca. sa. for a fine.