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January 24, 1871.

Hon. John Erskine,

Atlanta, Georgia.

Sir:

I learn that the practice in relation to the settlement of Marshal's accounts for mileage, for serving subpoenas, Etc., is as follows:

It is held to be lawful for the marshal to charge for mileage for the distance from the place where the court is held, to the place of service, even though he may send subpoenas by mail to a deputy residing near the persons served.

Upon the other point of the inquiry whether the marshal has an option to charge the lawful mileage, (actual or constructive,) for part of the way to a place of service, and his actual traveling expenses for the other part of the distance, it is not the custom to allow any such separation in the charges for one service, or series of services completed in one expedition.

Very respectfully,

A. T. Akerman,

Attorney General.