Henry Billings Brown

“ Where the penitentiary is located in the same state, it would seem reasonable that the marshal should be entitled to his mileage, though the state prison may happen to be in another district; since it may be, in fact, quite as near to the place where his court is held as it is to the place where the court is held in the district of its actual location. ”

“ St. § 5546, convicts 'whose punishment is imprisonment in a district or territory where, at the time of conviction, * * * there may be no penitentiary or jail suitable for the confinement of convicts, or available therefor, shall be confined * * * in some suitable jail or penitentiary in a convenient state or territory to be designated by the attorney-general,' in which case the marshal is only allowed the reasonable actual expenses of transportation, etc. ”

“ St. § 829, the marshal is allowed 'for attending the circuit and district courts, * * * and for bringing in and committing prisoners and witnesses during the term, five dollars a day,' and 'for attending examinations before a commissioner, and bringing in, guarding and returning prisoners charged with crime, and witnesses, two dollars a day ”