A-12882, MARCH 10, 1926, 5 COMP. GEN. 716

A-12882: Mar 10, 1926

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WHERE THE JURORS RESIDE AT THE PLACE AT WHICH THE COURT IS HELD. THERE IS NO AUTHORITY FOR THE PAYMENT FROM PUBLIC FUNDS OF THE COST OF SERVING SUCH WRITS BY REGISTERED MAIL UPON PERSONS RESIDING WITHIN THE LIMITS OF THE CITY OR TOWN WHEREIN THE COURT IS TO BE HELD. 1926: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JANUARY 14. AT WHICH PLACE THE COURT WAS TO BE HELD. IT IS REPRESENTED THAT THREE OF THE JURORS IN QUESTION RESIDED 38 MILES. ON THIS SHOWING THE SERVICE BY REGISTERED MAIL WAS PROPER. AS TO THE REMAINDER IT IS ARGUED THAT THE SERVICE BY REGISTERED MAIL WAS JUSTIFIED BY THE EXPENSE THAT WOULD OTHERWISE HAVE BEEN NECESSARY IN SENDING A DEPUTY FROM CHEYENNE OR CASPER TO LANDER FOR THAT PURPOSE.

A-12882, MARCH 10, 1926, 5 COMP. GEN. 716

MARSHALS, UNITED STATES - SERVICE OF WRITS OF VENIRE FACIAS AS SECTION 279 OF THE JUDICIAL CODE, ACT OF MARCH 3, 1911, 36 STAT. 1165, REQUIRES THAT ALL WRITS OF VENIRE FACIAS SHALL BE SERVED AND RETURNED BY THE MARSHAL IN PERSON, OR BY HIS DEPUTY, WHERE THE JURORS RESIDE AT THE PLACE AT WHICH THE COURT IS HELD, THERE IS NO AUTHORITY FOR THE PAYMENT FROM PUBLIC FUNDS OF THE COST OF SERVING SUCH WRITS BY REGISTERED MAIL UPON PERSONS RESIDING WITHIN THE LIMITS OF THE CITY OR TOWN WHEREIN THE COURT IS TO BE HELD.

COMPTROLLER GENERAL MCCARL TO HUGH L. PATTON, UNITED STATES MARSHAL, MARCH 10, 1926:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JANUARY 14, 1926, REQUESTING REVIEW OF SETTLEMENT C-32844-J OF NOVEMBER 19, 1925, DISALLOWING CREDIT FOR $1.26 IN YOUR ACCOUNTS, REPRESENTING REGISTRY CHARGES ON SUMMONS FOR SEVEN JURORS RESIDING AT LANDER, WYO., AT WHICH PLACE THE COURT WAS TO BE HELD, THE SERVICE BEING BY REGISTERED MAIL INSTEAD OF IN PERSON.

IT IS REPRESENTED THAT THREE OF THE JURORS IN QUESTION RESIDED 38 MILES, 5 1/2 MILES, AND 6 MILES FROM LANDER, WYO. ON THIS SHOWING THE SERVICE BY REGISTERED MAIL WAS PROPER.

AS TO THE REMAINDER IT IS ARGUED THAT THE SERVICE BY REGISTERED MAIL WAS JUSTIFIED BY THE EXPENSE THAT WOULD OTHERWISE HAVE BEEN NECESSARY IN SENDING A DEPUTY FROM CHEYENNE OR CASPER TO LANDER FOR THAT PURPOSE.

SECTION 279 OF THE JUDICIAL CODE, 36 STAT. 1165, PROVIDES:

WRITS OF VENIRE FACIAS * * * SHALL BE SERVED AND RETURNED BY THE MARSHAL IN PERSON, OR BY HIS DEPUTY; * * *. ANY PERSON NAMED IN SUCH WRIT WHO RESIDES ELSEWHERE THAN AT THE PLACE AT WHICH THE COURT IS HELD, SHALL BE SERVED BY THE MARSHAL MAILING A COPY THEREOF TO SUCH PERSON COMMANDING HIM TO ATTEND AS A JUROR AT A TIME AND PLACE DESIGNATED THEREIN, WHICH COPY SHALL BE REGISTERED AND DEPOSITED IN THE POST OFFICE ADDRESSED TO SUCH PERSON AT HIS USUAL POST-OFFICE ADDRESS. * *

THIS SECTION OF THE CODE REQUIRES AS A MAJOR PROPOSITION THE SERVICE OF ALL WRITS OF VENIRE FACIAS IN PERSON. IT MAKES AN EXCEPTION ONLY IN THE CASE OF JURORS RESIDING "ELSEWHERE THAN AT THE PLACE AT WHICH THE COURT IS HELD.' ACCORDINGLY THERE WAS NO AUTHORITY FOR THE SERVICE BY REGISTERED MAIL IN THE CASE OF JURORS RESIDING AT LANDER, THE LAW REQUIRING SUCH SERVICE TO BE MADE "IN PERSON.' APPEAL 35608, MARCH 14, 1921; A.D. 2007, MARCH 19, 1918; APPEAL 37261, SEPTEMBER 17, 1921; REVIEW 1778, MAY 13, 1922.

IT MAY BE FURTHER REMARKED THAT THE NECESSITY OF SENDING A DEPUTY FROM CHEYENNE OR CASPER, YO., AS SUGGESTED IN YOUR LETTER, TO MAKE THE SERVICE IS NOT APPARENT. SEC. 115 OF THE JUDICIAL CODE, AS AMENDED BY THE ACT OF JUNE 5, 1924, 43 STAT. 388, MAKES THE FOLLOWING REQUIREMENT:

* * * THE MARSHAL AND CLERK OF THE SAID COURT SHALL EACH, RESPECTIVELY, APPOINT AT LEAST ONE DEPUTY TO RESIDE AT CASPER, AND ONE TO RESIDE AT EVANSTON, AND ONE TO RESIDE AT LANDER, AND SHALL ALSO MAINTAIN AN OFFICE AT EACH OF THOSE PLACES. * * *

IF SECTION 115 OF THE CODE IS COMPLIED WITH AND A DEPUTY APPOINTED TO RESIDE AT LANDER, WYO., THERE APPEARS NO NECESSITY FOR INCURRING ANY EXPENSE OF TRAVEL OR OF REGISTRY FEES IN SERVING VENIRE FACIAS AT THAT PLACE.

UPON REVIEW THE DISALLOWANCE TO THE EXTENT OF 72 CENTS MUST BE AND IS SUSTAINED AND 54 CENTS IS CERTIFIED FOR CREDIT IN YOUR ACCOUNTS.