And so as to all persons who assist him in the performance of his official duty. 1 The marshal, in preserving arrested property, acts as a bailee, and is responsible to parties interested for its proper care. In the absence of a statute or rule of court, he should be paid his fees when he delivers the property to the person entitled to it.2 The clerks employed by the marshal to keep his accounts are not officers of the court, and so are entitled to fees and mileage if used as witnesses for the Government. Unless a deputy marshal, who is an officer, be actually engaged in waiting upon the court, he is entitled to per diem and mileage if summoned as a witness for the Government.3 See CosTs; EXECUTION, 3; FEE, 2, Docket; JURISDICTION, 2, Concurrent; SHERIFF. (3) In the western and southwestern States, an officer of the peace, appointed by authority of a city or borough, who holds himself in readiness to answer such calls as fall within the general duties of a constable or sheriff. "The marshal elected for the county of St. Louis shall have the same power, be subject to the like proceedings, and incur the same liabilities, on all process placed in his hands, as the sheriff of the county has, and is subject to, in similar cases."" Such marshal is elected in the same manner as the sheriff of that county, for a term of two years. He gives bond to the State. He attends on the criminal and the probate courts, and executes all processes issued by them, or by a judge or clerk thereof, or by the county court of St. Louis. 2, v. To arrange or rank in order. Marshaling assets, funds, mortgages, securities. Such arrangement of different funds, under administration, as will enable all the parties having equities thereon to receive their due proportions, notwithstanding the intervening interests, liens, or other claims of particular persons to prior satisfaction out of a portion of the funds.5 The principle is that he who has a right to resort to two funds, in one of which alone another party has a subsidiary lien, shall be compelled to exhaust the one to which the other cannot resort, before coming upon the one in which both have an interest.6 Davis v. South Carolina, 107 U. S. 600 (1882). As to his duties and responsibilities, see Lammon v. Feusier, 111 id. 17 (1884); Covell v. Heyman, ib. 176 (1884); 3 Wall. 334; 10 id. 308; 109 U. S. 216, 219. The Georgeanna, 31 F. R. 405 (1887). • Exp. Burdell, 32 F. R. 681 (1887); United States v. Meigs, 95 U. S. 748 (1877). Missouri Statutes, sec. 26. [1 Story, Eq. §§ 558, 633. The equitable principle that where a creditor has a lien on two funds in the hands of the same debtor, and another creditor has a lien only on one of the funds, the former may be compelled to levy his debt out of the fund to which the latter cannot resort; or, what is tantamount thereto, if the former takes his money out of the fund in which alone the latter has a lien, he may, to that extent, be subrogated to the rights of the former as against the other fund. Both funds must be in the hands of the common debtor of both creditors.1 See Marshaling Liens. Marshaling boundaries. See BOUND- Belonging to war, or to an army or a navy. Court-martial. A tribunal which has jurisdiction of offenses against the law military by soldiers in the army, navy, or militia. In the strictest sense, a court of justice, organized in pursuance of statutory regula1 Exp. Kendall, 17 Ves. *523 (1811), Eldon, Ld. C. See also Aldrich v. Cooper, 8 Ves. 308 (1803): 1 Lead. Cas. Eq. *78-111: 2 White & T. id. 228-358, cases; 25 Cent. Law J. 228-31 (1887), cases; 11 Biss. 294; 15 F. R. 170; 32 Pa. 103; 77 Va. 248; 1 Story, Eq. §§ 558-64, 633-45; Bisph. Eq. § 341; 1 Pomeroy, Eq. §§ 410, 396; 3 id. § 1414. 2 [2 Story, Eq. § 1180 a. See Philanthropic Society v. Kemp, 4 Beav. 581 (1841). 3 Nat. Savings Bank v. Creswell, 100 U. S. 640-43 Nat. Savings Bank v. Creswell, 100 U. S. 641 (1879), (1879), cases. Miller, J. L. mars, god of war.