418

Process and orders in an action or proceeding may be executed by a person residing in the district, designated by the court or judge thereof, when the marshal is a party to any case, or when it appears by affidavit to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that said marshal is disqualified, or that by reason of any bias, prejudice or other cause would not act promptly or impartially. When the process is thus delivered to any person appointed by the court to serve the same, he must execute and return it in the same manner as the marshal is required to execute similar process. History —Mar. 10, 1904, p. 111, § 19, eff. July 1, 1904.