the other at Wiscasset, (a) in said district, on the eighth day of October; and when 30 March 1820. either of said days shall happen to be Sunday, the session shall commence on the day next following.] And when only one of the judges hereby directed to hold the said One judge may circuit court shall be able to attend, such circuit courts may be held by the judge so attending. 3. That all acts and parts of acts, granting said district court of Maine the powers and jurisdiction of a circuit court of the United States, be and the same are hereby repealed. hold the court. Ibid. 32. 9 Stat. 282. cuit court. 4. The terms of the circuit court of the United States for the district of Maine shall 11 Aug. 1848 ? L. hereafter be held as follows, to wit: on the 23d day of April, and on the 25d day of September, in each year, instead of the time now by law appointed; and all actions, Terms of the cir suits, appeals, recognisances, writs, processes and other proceedings whatever, pending in said court or returnable thereto, shall have day, and be heard, tried, proceeded with and decided accordingly: Provided however, That when either of said days shall happen on Sunday, then the session of said court shall commence on the next day. III. DISTRICT CO ET. 4 Stat. 434. 5. The term of the district court of the United States for the district of Maine, which 27 Jan. 1831 ₫ 1. is now directed by law to be held on the second Tuesday of September in each year, shall hereafter be held on the first Tuesday of September in each year.(b) 5 Stat. COO 6. The term of the district court of the United States for the district of Maine, hereto- 15 Feb. 1843 § 2. fore held at Wiscasset, on the fourth Tuesday of February, shall hereafter be held at Portland on the first Tuesday of February; ad the term of said court heretofore Terms of the disheld at Portland on the first Tuesday of June, shall hereafter be held at Bangor in said district, on the fourth Tuesday of June. IV. COLLECTION DISTRICTS. trict court. 1 Stat. 627. 7. In the state of Massachusetts there shall be twenty-two districts and ports of entry, to 2 March 1799 3 2. wit: * * * York, [Biddeford and Pepperelborough as one,] Portland and Falmouth as one, Bath, Wiscasset, Penobscot, Frenchman's Bay, Machias, Passamaquoddy and Collection dis Waldoborough. tricts in Maine. To the district of York shall be annexed Kittery and Berwick, (c) as ports of delivery York. only; and a collector for the district shall be appointed, to reside at York. To the district of Biddeford and Pepperelborough (d) shall be annexed Scarborough, Biddeford and Wells, Kennebunk (e) and Cape Porpoise, as ports of delivery only; and a collector for Pepperelbothe district shall be appointed, to reside at Biddeford. rough. Falmouth. To the district of Portland and Falmouth shall be annexed North Yarmouth, Bruns Portland and wick, Freeport and Harpswell, as ports of delivery only; and a collector and surveyor shall be appointed for the district, to reside at Portland. To the district of Bath shall be annexed Hallowell, Pittstown, Topsham, (g) George- Bath. town and Brunswick, (h) as ports of delivery only; and a collector for the district shall be appointed, to reside at Bath. To the district of Wiscasset shall be annexed the town of Boothbay, as a port of deli- Wiscasset. very only; and a collector for the district shall be appointed, to reside at Wiscasset. To the district of Penobscot shall be annexed Frankfort, Bluehill, Hampden and Deer Penobscot. Island, (i) as ports of delivery only; and a collector for the district shall be appointed, to reside at Castine, which shall be the port of entry for the said district. To the district of Frenchman's Bay shall be annexed Union River, as a port of deli- Frenchman's very only; and a collector for the district shall be appointed, to reside at Frenchman's Bay. Bay.(k) For each of the districts of Machias and Passamaquoddy shall be appointed a collector, Machias. to reside at the said ports of Machias and Passamaquoddy respectively.(l) Passamaquoddy To the district of Waldoborough shall be annexed the towns of Bristol, Nobleborough, Waldoborough. Warren, Thomaston, Cushing and Camden, also that part of a place called Ducktrap, which lies between the towns of Camden and Northport, as ports of delivery only; and (a) By act 15 February 1843, the term theretofore held at Wiscasset, is directed to be thereafter held at Portland. 5 Stat. 600. And see infra, 4, as to the times of holding the circuit court. (b) At Wiscasset, by act 28 November 1811. 2 Stat. 667. (c) By act 25 February 1801, the towns of Kittery and Berwick are annexed to the district of Portsmouth, in New Hampshire, provided that the master of any vessel having merchandise on board, destined for either of said places, may, at his option, make entry with the collector of the district of York, and obtain permits for the delivery thereof as heretofore. 2 Stat. 102. (d) To be called the district of Saco; see infra, 11. (e) Kennebunk made a separate district; infra. 9, (g) Topsham abolished by act 3 March 1825. 4 Stat. 127. (h) And Augusta, by act 25 April 1808. 2 Stat. 497. But Angusta was discontinued as a port of delivery, by act 7 May 1822, and the office of surveyor abolished. 3 Stat. 694. And Bowdoin ham made a port of delivery by act 3 March 1825. 4 Stat. 127. (1) See infra, 19. (k) By act 30 June 1834 11, the president was authorized u remove the seat of the custom house of the district of Frenchman's Bay, to the town of Ellsworth in said district. 4 Stat. 716. (The act 3 March 18034, provides that such place withlu the district of Passamaquoddy, as the secretary of the treasury may direct, shall be a port of entry and delivery (at which place the collector shall reside) as well for foreign as for vessels of the United States. 2 Stat. 229. Under this act the secretary, by an order of 3 June 1803, designated the present port of Eastport. And by act 7 May 1822 5, the president was authorized to appoint a surveyor for the port of Eastport, in the district of Passamaquoddy. 3 Stat. 694. The surveyor so appointed is surveyor of the district of Passamaquoddy, and entitled to act for the whole district, and receive fees accordingly. Ayer v. Thacher, 3 Mas 153. See inf 14-15. 2 March 1799. Collectors to agree upon sional lines. divi What to be included. a collector for the district shall be appointed, to reside at Waldoborough, and a surveyor to reside at Thomaston.(a) The district of Waldoborough shall include all the waters and shores from the middle of Damarascotty river to the southwardly side of the town of Northport. 8. The collectors of the several districts within that part of the state of Massachusetts eastward of New Hampshire shall, from time to time, agree upon a divisional line between their respective districts, and transmit the same to the comptroller of the treasury; and such districts so agreed upon shall include all the waters, shores and islands within the same, and all the lands adjoining to the British colonies of New Brunswick and Lower Canada, within the eastern part of the state of Massachusetts aforesaid. President to de- And in case of disagreement between any of the said collectors, concerning such divi of disagreement. sional line, the president of the United States shall determine the same. termine in case 10 May 1800 1. 2 Stat. 68. 9. The towns of Wells and Arundel, in the state of Massachusetts, and all the shores and waters thereof, shall be a district, to be called the district of Kennebunk, of which District of Ken- the port of Kennebunk shall be the sole port of entry; and the ports of Wells and Cape Porpoise shall be ports of delivery only; and a collector for the district shall be appointed, to reside at Kennebunk. nebunk. Ibid. 22. Vessels may un 10. Ships and vessels owned in whole or in part in the towns of Edgecomb and Newcastle, in the district of Maine, having entered in due form of law at the port of Wislade on Sheeps- casset, and taken on board an officer, shall be permitted to unlade in the parts of the said towns which adjoin Sheepscut river. cut river. 15 Dec. 1807 1. 2 Stat. 451. 11. The district at present called the district of Biddeford and Pepperelborough, in Massachusetts, shall in future be called the district of Saco; and the collector of the District of Saco. said district be permitted to reside in Saco or Biddeford; and all the provisions of the several acts of congress that relate to the district of Biddeford and Pepperelborough, shall be and the same are hereby continued in full force, with respect to the district of Saco. 20 April 1818 21. 3 Stat. 464. Ibid. 2. District of Belfast. 5 Feb. 1833 1. 4 Stat. 611. 8 March 1843 1. 5 Stat. 609. Robbinston. 3 March 1847 1. 9 Stat. 183. District of Bangor. Ibid. ? 2. Custom house officers. Ibid. 3. Frankfort an 12. That the port of Bath, in the state of Massachusetts, be and hereby is made a port of entry for ships or vessels arriving from the Cape of Good Hope, and from places beyond the same. 13. That a collection district be and hereby is established in the state of Massachusetts, which shall include all the ports and harbors on the western shore of the Penobscot bay and river, from the town of Camden to the town of Bangor, (b) both inclusive; and a collector shall be appointed for the district, to reside at Belfast, which shall be the only port of entry for said district. (c) 14. The towns of Calais and Pembroke, in the state of Maine, shall be ports of delivery, to be annexed to the district of Passamaquoddy. 15. The town of Robbinston, in the state of Maine, shall be a port of delivery, to be annexed to the district of Passamaquoddy, and shall be subject to the same regulations as other ports of delivery in the United States. 16. That the counties of Penobscot and Piscataquis, and the town of Frankfort, in the county of Waldo, be and they hereby are created a collection district, which shall be known and called the district of Bangor; and Bangor, within said county of Penob❤ scot, is hereby made a port of entry and delivery for said district. 17. There shall be a collector of customs appointed for said district, together with such other officers as are provided for by law; and the compensation of said collector shall be such fees and commissions as he by law may be entitled to. 18. Frankfort, in the county of Waldo, shall form a part of said district of Bangor, in the same manner that it now forms a part of the district of Belfast; and there shall nexed to Bangor. be a deputy collector at Frankfort, as is now provided by law, who shall perform all the duties, and exercise all the powers in the same manner as the same were performed and exercised when Frankfort constituted a part of the district of Belfast. 9 Stat. 412. 8 March 1849 1. 19. The towns of Vinal Haven, North Haven and Islesboro', in the state of Maine, now included in the collection district of Penobscot, shall hereafter be included in and nexed to Belfast. constitute a part of the collection district of Belfast. Certain towns an (a) By act 7 May 1822. the offices of surveyor in Waldoborough, Bristol, Nobleborough and Thomaston, were abolished. 3 Stat. (b) See infra, 16. 694. (c) By act 2 March 1831 5, Prospect, in the district of Belfast, is made a port of delivery, and a surveyor is to be appointed to reside there. 4 Stat. 476. 4 Stat. 712. marine corps. 1. The marine corps shall consist of the following officers, non-commissioned officers, 30 June 1834 ? L musicians and privates, viz.: one colonel commandant, one lieutenant-colonel, four majors, thirteen captains, twenty first lieutenants, twenty second lieutenants, one adjutant Organization of and inspector, one paymaster, one quartermaster, one assistant quartermaster, one sergeant-major, one quartermaster-sergeant, one drum-major, one fife-major, eighty sergeants, eighty corporals, thirty drummers, thirty fifers and one thousand privates. (a) 2. The said corps shall, at all times, be subject to, and under the laws and regulations which are or may hereafter be established for the better government of the navy, How governed except when detached for service with the army by order of the president of the United States.(b) Ibid. 2 2. Ibid. 23. 3. The officers, non-commissioned officers, musicians and privates, shall take the oath prescribed by law; and all enlistments (c) shall be for the term of four years, (d) during Oath. which period marines, so enlisted, shall be and are hereby exempt from all personal Enlistments. arrest for debt or contract. (e) Ibid. 24. 4. The officers of the marine corps shall be, in relation to rank, on the same footing as officers of similar grades in the army: Provided, That no officer of the marine corps Rauk. shall exercise command over any navy yard or vessel of the United States. 5. The staff of said corps shall be taken from the captains or subalterns of the corps.(g) Ibid. 26. Ibid. 27. 6. The commissions of the officers now in the marine corps shall not be vacated by this act; and the president of the United States may, during the recess of the senate, Promotions. first by promotions according to rank and then by selections, appoint the officers hereby authorized, which appointments shall be submitted to the senate, at their next session, for their advice and consent. Ibid. 8. 7. That the president be and he is hereby authorized to prescribe such military regulations for the discipline of the marine corps, as he may, in his judgment, deem expe- Military regula dient. tions. 9 Stat. 154. Increase of marine corps. 8. From and after the passage of this act, the United States marine corps as now 2 March 1847 & L organized shall consist of four additional captains, four first lieutenants, four second lieutenants, twenty-five sergeants, twenty-five corporals, twenty-five drummers, twentyfive fifers and one thousand additional privates. Ibid. 2. 9. The officers thus provided for shall be appointed first by promotion according to rank in the marine corps, and then by selection; and their nominations shall be sub- Appointment of mitted to the senate for their advice and consent. officers. rated from the 10. That the provisions of an act passed the 30th of June 1834, entitled "An act for Ibid. 3. the better organization of the United States marine corps," be and the same are hereby staff to be sepa made applicable in all respects to the provisions of this act: Provided however, That, line. notwithstanding anything in said act to the contrary, the staff of the marine corps be and the same is hereby separated from the line of said corps. The officers of the former to receive the same pay and emoluments they now receive by law, and to hold the same assimilated rank, to wit: quartermasters, pay masters and adjutants and inspectors, the Rank of quarterrank of major, and assistant quartermasters the rank of captain. (a) See infra, 8, 11, 12. (b) See 5 Opin. 706. (e) An alien may be enlisted in the marine corps. 4 Opin. 350. And s may a minor, as a musician, with the consent of his father: minors may be bound apprentices to the drum-major, on behalf of the government. Ex parte Brown, 5 Cr. C. C. 554. But see 4 Opin. 350. (d) A lieutenant-colonel commanding the marine corps cannot master, &c. legally grant discharges to marines before the expiration of their term of enlistment; but such discharges can only be granted by the president, or in conformity to such regulations as he may think proper to prescribe. 2 Opin. 353. (e) Midshipmen in the navy are not exempt from arrest for debt. 3 Opin. 119. (g) See infra, 10. And 4 Opin. 340, 421. vided for, on re 2 March 1847 4. 11. The president, at the termination of the Mexican war, shall reduce the marine corps to a number, both in men and officers, not exceeding the number now in service. 3 March 1849 1. 12. That the officers of the marine corps affected by the 4th section of the act of con9 Stat. 377. gress approved March 2, 1847, entitled "An act for the increase of the marine corps of How officers pro- the United States," shall be provided for in the same manner that the officers of the old army, who received appointments in the additional regiments raised for the war with Mexico, were, under the 4th section of the act of congress, approved July 19, 1848, entitled "An act supplementary to an act entitled 'An act providing for the prosecution of the existing war between the United States and the republic of Mexico, and for other purposes.""(a) duction. 2 March 1833 1. 4 Stat. 647. missioned officers 30 June 1834 2 5. 4 Stat. 713. II. PAY AND SUBSISTENCE. 13. The monthly pay of the non-commissioned officers and soldiers in said corps, shall be as follows, viz.: to each sergeant-major and quartermaster-sergeant, seventeen dollars; Pay of non-com- to the drum-major, fife-major, the orderly sergeants of posts and first sergeants of and privates. guards at sea, sixteen dollars each; to all other sergeants, thirteen dollars; to each corporal, nine dollars; to each musician, eight dollars; and to each private, seven dollars. 14. The officers of the marine corps shall be entitled to and receive the same pay, emoluments and allowances, as are now, or may hereafter be allowed to officers of Pay and allow similar grades in the infantry of the army, (b) except the adjutant and inspector, who shall be entitled to the same pay, emoluments and allowances, as are received by the paymaster of said corps; and the non-commissioned officers, musicians and privates, shall be entitled to the same pay, rations, clothing and allowances, as they now receive.(c) ances of officers, &c. 30 June 1834 1. 4 Stat. 718. Additional ra 15. That from and after the passage of this act, the secretary of the navy be and he is hereby authorized to extend the benefits of the act of March 1827, entitled An act giving certain compensation to the captains and subalterns of the army of the United tions to captains and subalterns. States in certain cases," to the captains and subalterns of the corps of United States marines under similar cases. (d) 10 Aug. 1848 1. 16. That the officers, non-commissioned officers, privates and musicians of the marine 9 Stat. 340. corps, who have served with the army (e) in the war with Mexico, and also the artificers Bounty land, &c. and laborers of the ordnance corps serving in said war, be placed in all respects as to bounty land and other remuneration, in addition to ordinary pay, on a footing with the officers, non-commissioned officers, privates and musicians of the army: Provided, That this remuneration shall be in lieu of prize-money and all other extra allowances.(g) 17. The non-commissioned officers of the marine corps shall be entitled to the same bounty for re-enlistment as is now or may hereafter be received by the non-commissioned officers of the army. Ibid. 2. Bounty for reenlistment. 3 March 1849 5. 9 Stat. 378. 18. That the retention of one dollar per month from the pay of the musicians and privates of the marine corps, directed by the act of 2d March 1833, (h) be extended as Retention from in the case of the musicians and privates of the army, to the whole term of their enlist pay. 18 Aug. 1856 2 5. 11 Stat. 118. Pay of mariue baud. 11 July 17982. 1 Stat. 595. ment. 19. That the pay of the marines in the service of the United States who compose the corps of musicians known as the "Marine Band," stationed at the navy yard in Washington city, be and the same is hereby increased at the rate of four dollars per month, commencing on the first of May last, and to continue as long as they shall perform, by order of the secretary of the navy or other superior officer, on the capitol grounds or the president's grounds. III. MISCELLANEOUS PROVISIONS. 20. If the marine corps, or any part of it, shall be ordered by the president to do duty on shore, and it shall become necessary to appoint an adjutant, paymaster, quartermaster, serjeant-major, quartermaster-sergeant and drum and fife-major, or any of them, (a) See tit. "Army," 137, note (a). The officers thus restored were not entitled to pay during the interval of the reduction. 5 Opin. 101. (b) A brevet field officer of the marine corps is upon the same footing, in respect to what constitutes his title to pay and emolu ments, as a brevet field-officer of infantry of the same grade. United States v. Freeman, 3 How. 556. 5 Opin. 513. But the act 10 August 1846 provides that no pay'nent shall be made to the colonel, or any other officer of said corps, by virtue of a commission of brigadier-general by brevet. 9 Stat. 100. (c) The act 11 July 1798, provided that the pay and subsistence of the non-commissioned officers. privates and musicians should be such as should be fixed by the president of the United States. 1 Stat. 595. The net 18 April 1814 provides that the pay and bounty upon enlistment of the marines shall be fixed by the president. 3 Stat. 136. And the resolution 25 May 1832 provides that the pay, subsistence, emoluments and allowances of officers, non-commissioned officers, musicians and privates, of the United States marine corps shall be the same as they were previously to the 1 April 1829, and shall so continue until altered by law. 4 Stat. 605. Neither the pay, rations nor clothing of enlisted marines taken by the civil authorities for violations of the laws, can be withheld during their confinement and absence from their military stations. 2 Opin. 396. See 3 Opin. 266. This was intended to place the officers, &c., of the marine corps who served with the army in the war with Mexico, on an equal footing with the officers, &c., of the army with whom they served. 5 Opin. 59. It embraced the entire portion of the marine corps who served in the Mexican war, whether they served on ship-board, on the Mexican coast or in the interior. Ibid. 155. (g) Even if the claimant has received prize-money or other allowance, he may claim the bounty upon making restitution of the same, on his election to take the bounty. Mayo & Moulton's Pension and Bounty Land Laws, 577. In awarding it to such of the corps as may have received prize-money, such money should be carried, in the account, to the credit of the government; or, when not received, should be released. 5 Opin. 155. (h) 4 Stat. 647. This act provided that one dollar of the monthly pay of every musician and private soldier shall be retained, until the expiration of the first two years of their enlistment, when each shall receive the $24 retained pay, which shall have so acerved, provided, he shall have served honestly and faithfully that portion of the term of his first enlistment. the major or commandant of the corps is hereby authorized to appoint such staff officer or 11 July 1798. officers, (a) from the line of subalterns, sergeants and music, respectively; who shall be Appointment of entitled during the time they shall do such duty, to the same extra pay and emoluments staff, whilst doing duty on shore. which are allowed by law to officers acting in the same capacities in the infantry. 21. The marine corps established by this act shall, at any time, be liable to do duty in the forts and garrisons of the United States on the seacoast, or any other duty on To be liable to shore, as the president at his discretion, shall direct. Ibid. 2 6. duty on shore. 3 Stat. 124. 22. The adjutant, paymaster and quartermaster of the marine corps, may be taken 16 April 1814 § 2 either from the line of captains or subalterns; and the said officers shall respectively receive thirty dollars per month, in addition to their pay in the line, in full of all emolu- Paymaster and ments. quartermaster. 23. That the president of the United States be and he is hereby authorized to confer Ibid. 2 3. Grevet rank on such officers of the marine corps as shall distinguish themselves by Brevet rank. gallant actions or meritorious conduct, (b) [or who shall have served ten years in any one grade:](c) Provided, That nothing herein contained shall be so construed as to entitle officers so brevetted to any additional pay or emoluments, except when commanding separate stations or detachments; when they shall be entitled to and receive the same pay and emoluments which officers of the same grades are now or hereafter may be allowed by law. 24. It shall be lawful for the president of the United States, in the recess of the senate, Ibid. 24. to appoint any of the officers authorized by this act; which appointments shall be sub- Appointments mitted to the senate at their next session, for their advice and consent. during the recess 15 Dec. 1814 2 1. 3 Stat. 151. Rations whilst doing duty on 25. It shall be the duty of the several officers of the staff of the army of the United States to provide the officers, seamen and marines of the navy of the United States, when acting or proceeding to act on shore, in co-operation with the land troops, upon the requisition of the commanding naval or marine officer of any such detachment of seamen or shore. marines, under orders to act as aforesaid, with rations; also the officers and seamen with camp equipage, according to the relative rank and station of each, and the military regulations in like cases, together with the necessary transportation, as well for the men as for their baggage, provisions and cannon: Provided nevertheless, That the contract price of the rations which may be furnished, shall be reimbursed out of the appropriations for the support of the navy. Ibid. 2. 26. The respective quartermasters of the army shall, upon the requisition of the commanding naval officer of any such detachment of seamen or marines, furnish the said Horses, accoutreofficer and his necessary aids with horses, accoutrements and forage, during the time ments and forage. they may be employed in co-operating with the land troops as aforesaid. 27. The president of the United States may substitute marines for landsmen in the 3 March 1849 & 1. navy, as far as he may deem it expedient to promote the efficiency of the service. Marshals. 1. Appointment of marshals. Duties. Deputies. Bond. Oath. 2. Execution of process, where marshal, &c., is a party. Deputies to continue in office, on death of marshal. The default, &c., to be a breach of the bond. Remedy of executors, &c. To execute process notwithstanding removal from office. 3. To have custody of goods, &c., seized. What funds to be received and paid out by marshals. Commissions. 4. Marshal of the district to attend the supreme court. 5. By whom deputy marshals may be sworn. 9 Stat. 377. 6. May execute deeds for lands sold by their predecessors. And sell lands levied on by them. 7. Bonds to be filed. Copies to be evidence. 8. Suits on marshals' bonds regulated. 9. Judgment to remain as security for future breaches. 1 Stat. 87. 1. A marshal shall be appointed in and for each district (d) for the term of four years, 24 Sept. 1789 2 27. but shall be removable from office at pleasure; (e) whose duty it shall be to attend the district and circuit courts when sitting therein, and also the supreme court in the district Appointment of in which that court shall sit;(g) and to execute throughout the district, all lawful precepts directed to him, (h) and issued under the authority of the United States. And he Duties. (a) This contemplates nothing more than a temporary appointment. The power of appointing such officers, when stationed permanently on shore in time of peace, belongs to the president and senato. 2 Opin. 77. (b) By act 16 April 1818 2 2, it is provided that no brevet commission shall be hereafter conferred but by and with the advice and consent of the senate. 3 Stat. 427. (e) The clause within brackets is repealed by act 30 June 1834 29. 4 Stat. 713. (d) The general provisions of this act confer no authority upon the president to appoint marshals in districts created subsequently to its passage. 2 Opin. 253. (c) The old marshal is not removed by the appointment of a new one, until he receives notice of such appointment; and all acts done by him before such notice, are good. Bowerbank v. Morris, Wall. 119. (g) See infra, 4. (h) He is bound to serve process as soon as he reasonably can. Kennedy v. Brent, 6 Cr. 187. It is his duty to execute all process which may be placed in his hands; but he performs this duty at marshals. his peril, and under the guidance of the law. He must, of course, exercise some judgment in its performance. Should he fail to obey the erigit of the writ without a legal excuse, or should he, in obeying its letter, violate the rights of others, he is liable to the action of the injured party. Life and Fire Ins. Co. of New York v. Adams, 9 Pet. 603. After a rule on the marshal to return a capias ad respondendum, issued against the defendants, and the return of the marshal, that the plaintiff had directed him not to serve the writ on one defendant, and that the other could not be found; the court have nothing more to do with the rule. If the marshal has misconducted himself, the remedy is an action for a false return. Segourney v. Ingraham, 2 W. C. C. 336. The court will not dictate to the marshal what return he shall make to process in his hands. He must make his return at his peril, and any person injured by it, may have his legal remedy for such return. Wortman v. Conyngham, Pet. C. C. 241. If a marshal levies on the property of a third person, pursuant to instructions, without any abuse of his authority, he is liable only for the injury actually sustained. Pacific Ins. Co. v. Conard, Bald. 138. |