Prohibition up on trade in cap tured or abandoned property. Forfeiture to citizens of in deems it expedient so to do, to require reasonable security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents; and he may establish all such general or special regulations as may be necessary or proper to carry into effect the purposes of this section; and if any property is transported in violation of this act, or of any regulation of the Secretary of the Treasury, established in pursuance thereof, or if any attempt shall be made so to transport any, it shall be forfeited. SEC. 5313. All persons in the military or naval service of the United States are prohibited from buying or selling, trading, or in any way dealing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this Title, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than five thousand dollars, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same. of SEC. 5319. From and after fifteen days after the issuing of the procvessels belonging lamation, as provided in section fifty-three hundred and one, any vessurrectionary sel belonging in whole or in part to any citizen or inhabitant of such State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited. States. Refusal of suspected chandise. mer SEC. 5320. The Secretary of the Treasury is authorized to refuse a clearance to ves- clearance to any vessel or other vehicle laden with merchandise, dessels laden with tined for a foreign or domestic port, whenever he shall have satisfactory reason to believe that such merchandise, or any part thereof, whatever may be its ostensible destination, is intended for ports in possession or under control of insurgents against the United States; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, or by his order, shall depart or attempt to depart for a foreign or domestic port without being duly cleared or permitted, such vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited. Bond clearance. upon SEC. 5321. Whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it necessary, under the circumstances of the case, to require a bond to be executed by the master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to the satisfaction of such collector, that the cargo shall be delivered at the destination for which it is cleared or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrection against the authority of the United States. Liens upon con- SEC. 5322. In all cases wherein any vessel, or other property, is condemned vessels. demned in any proceeding by virtue of any laws relating to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding such condemnation, and before awarding such vessel, or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such vessel, or other property, of any bona-fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, intervening in such proceeding, and which shall be duly established by evidence as a valid claim against such vessel, or other property, under the laws of the United States or of any State thereof not declared to be in insurrection. No such claim shall be allowed in any case where the claimant has knowingly participated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose. SEC. 5406. If two or more persons in any State or Territory conspire Title 70, Chap. 4. to deter, by force, intimidation, or threat, any party or witness in any Conspiring to court of the United States from attending such court, or from testifying intimidate party, to any matter pending therein, freely, fully, and truthfully, or to injure witness, or juror. such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. [See §§ 1980-1981, CIVIL RIGHTS.] SEC. 5407. If two or more persons in any State or Territory conspire, Conspiracy to for the purpose of impeding, hindering, obstructing, or defeating, in any ment of the laws. defeat enforcemanner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. [See §§ 1977-1991, CIVIL RIGHTS; 2004-5506–5510, ELECTIVE FRANCHISE.] SEC. 5440. If two or more persons conspire either to commit any Title 70, Chap. 5. offense against the United States, or defraud the United States in any All parties to a manner or for any purpose, and one or more of such parties do any act conspiracy equalto effect the object of the conspiracy, all the parties to such conspiracy ly guilty. shall be liable to a penalty of not less than one thousand dollars and not more than ten thousand dollars, and to imprisonment not more than Ibid., s. 2. two years. office under United States. SEC. 5518. If two or more persons in any State or Territory conspire Title 70, Chap. 7. to prevent, by force, intimidation, or threat, any person from accepting Conspiracy to or holding any office, trust, or place of confidence under the United prevent acceptStates, or from discharging any duties thereof; or to induce by like ing or holding means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties; each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. [See § 5407.] SEC. 5519. If two or more persons in any State or Territory conspire, Conspiracy to or go in disguise on the highway or on the premises of another, for the son of the equal deprive any per purpose of depriving, either directly or indirectly, any person or class protection of the of persons of the equal protection of the laws, or of equal privileges laws. and immunities under the laws: or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. [See § 5336, TREASON.] INTERIOR DEPARTMENT. See DEPARTMENT OF THE INTERIOR. INVENTORY OF PUBLIC PROPERTY. Title 4. Inventories of SEC. 197. The Secretary of State, the Secretary of the Treasury, the Secretary of the Interior, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attorney-General, and Commissioner property. of Agriculture shall keep, in proper books, a complete inventory of all ́ the property belonging to the United States in the buildings, rooms, offices, and grounds occupied by them, respectively, and under their Sec. 563. Jurisdiction. charge adding thereto, from time to time, an account of such property as may be procured subsequently to the taking of such inventory, as well as an account of the sale or other disposition of any of such property. JUDICIARY. DISTRICT COURTS-JURISDICTION. 564. Certain seizures cognizable in any district into which the property is taken. 565. May proceed in prize causes after appeal. [See "PRIZR."] Title 13. Chap. 3. Jurisdiction. Crimes and offenses. Of piracy, when. Penalties and forfeitures. Suits at com SEC. 563. The district courts shall have jurisdiction as follows: First. Of all crimes and offenses cognizable under the authority of the United States, committed within their respective districts, or upon the high seas, the punishment of which is not capital, except in the cases mentioned in section fifty-four hundred and twelve,* Title "CRIMES." [See §§ 4300-4305, R. S., OFFENSES AGAINST NAVIGATION.] Second. Of all cases arising under any act for the punishment of piracy, where no circuit court is held in the district of such court. Third. Of all suits for penalties and forfeitures incurred under any law of the United States. Fourth. Of all suits at common law brought by the United States, or mon law by Uni- by any officer thereof, authorized by law to sue. ted States or off cers. Suits in equity to enforce inter Fifth. Of all suits in equity to enforce the lien of the United States nal revenue upon any real estate for any internal-revenue tax, or to subject to the payment of any such tax any real estate owned by the delinquent, or in which he has any right, title, or interest. taxes. Suits for penal for frauds against United States. Sixth. Of all suits for the recovery of any forfeiture or damages ties and damages under section thirty-four hundred and ninety, Title "DEBTS DUE BY OR TO THE UNITED STATES;" and such suits may be tried and determined by any district court within whose jurisdictional limits the defendant may be found. [See §§ 3490-3494, DEBTS DUE BY UNITED STATES.] Seventh. Of all causes of action arising under the postal laws of the United States. Suits under postal laws. Admiralty Eighth. Of all civil causes of admiralty and maritime jurisdiction; causes and seiz- saving to suitors in all cases the right of a common-law remedy, where ures on land. the common law is competent to give it; and of all seizures on land and on waters not within admiralty and maritime jurisdiction. And such jurisdiction shall be exclusive, except in the particular cases where jurisdiction of such causes and seizures is given to the circuit courts; and shall have original and exclusive cognizance of all prizes brought into the United States, except as provided in paragraph six of section six hundred and twenty-nine.t Condemnation Ninth. Of all proceedings for the condemnation of property taken as of property taken prize, in pursuance of section fifty-three hundred and seventy-six, [eight]‡ Title" INSURRECTION." as prize. Suits on debentures. Suits on ac Tenth. Of all suits by the assignee of any debenture for drawback of duties, issued under any law for the collection of duties, against the person to whom such debenture was originally granted, or against any indorser thereof, to recover the amount of such debenture. [See 3039, R. S.] Eleventh. Of all suits authorized by law to be brought by any person count of injuries for the recovery of damages on account of any injury to his person or by conspirators in certain cases. property, or of the deprivation of any right or privilege of a citizen of the United States by any act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty-five,§ Title, "CIVIL RIGHTS." [See § 1980.1 *Relates to fraudulently placing books, papers, &c., in surveyor-general's office in California. + Words in italics added by act of February 18, 1875. The word "eight" substituted for "seventy-six" by act of February 18, 1875. Sec. 1985. Every marshal and deputy marshal shall obey and execute all warrants or other process, when directed to him, issued under the provisions hereof. Twelfth. Of all suits at law or in equity authorized by law to be Suits to redress brought by any person to redress the deprivation, under color of any deprivation of law, ordinance, regulation, custom, or usage of any State, of any right, the Constitution rights secured by privilege, or immunity secured by the Constitution of the United States, and laws to peror of any right secured by any law of the United States to persons sons within juriswithin the jurisdiction thereof. [See §§ 1977, 1979, CIVIL RIGHTS.] diction of United States. Thirteenth. Of all suits to recover possession of any office, except that Suits to recover of elector of President or Vice-President, Representative or Delegate in offices. Congress, or member of a State legislature, authorized by law to be brought, wherein it appears that the sole question touching the title to such office arises out of the denial of the right to vote to any citizen offering to vote, on account of race, color, or previous condition of servitude: Provided, That such jurisdiction shall extend only so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States. [See § 2010, ELECTIVE FRANCHISE.] to fourteenth Fourteenth. Of all proceeding by the writ of quo warranto, prosecuted Suits for reby any district attorney, for the removal from office of any person hold- moval of officers ing office, except as a member of Congress, or of a State legislature, holding contrary contrary to the provisions of the third section of the fourteenth article amendment. of amendment of the Constitution of the United States. [See § 1786, VACANCIES IN THE DEPARTMENTS.] against Fifteenth. Of all suits by or against any association established under Suits any law providing for national banking associations within the district national banks. for which the court is held. Sixteenth. Of all suits brought by any alien for a tort only in violation of the law of nations, or of a treaty of the United States. Seventeenth. Of all suits against consuls or vice-consuls, except for offenses above the description aforesaid. Suits by aliens for torts in violation of the law of nations. Suits consuls and viceconsuls. against Eighteenth. The district courts are constituted courts of bankruptcy, In bankruptcy. and shall have in their respective districts original jurisdiction in all matters and proceedings in bankruptcy. Certain seiz SEC. 564. Proceedings on seizures for forfeiture of any vessel or cargo entering any port of entry which has been closed by the President in ures cognizable pursuance of law, or of goods and chattels coming from a State or sec- into which the in any district tion declared by proclamation of the President to be in insurrection into property is taken. other parts of the United States, or of any vessel or vehicle conveying such property, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any inhabitant of such State or section, may be prosecuted in any district court into which the property so seized may be taken, and proceedings instituted; and the district court thereof shall have as full jurisdiction over such proceedings as if the seizure was made in that district. [See § 5301, INSURRECTION.] Trial of issues SEC. 566. The trial of issues of fact in the district courts, in all causes except cases in equity and cases of admiralty and maritime jurisdiction, of fact. and except as otherwise provided in proceeding in bankruptcy, shall be by jury. In causes of admiralty and maritime jurisdiction relating to any matter of contract or tort arising upon or concerning any vessel of twenty tons burden or upward, enrolled and licensed for the coasting trade, and at the time employed in the business of commerce and navigation between places in different States and Territories upon the lakes and navigable waters connecting the lakes, the trial of issues of fact shall be by jury when either party requires it. SEC. 573. No action, suit, proceeding, or process in any district court Title 13, Chap. 4. sball abate or be rendered invalid by reason of any act changing the Effect of alter time of holding such court; but the same shall be deemed to be return- ing terms of dis able to, pending, and triable in the terms established next after the trict courts. return-day thereof. for See all acts altering terms. SEC. 574. The district courts, as courts of admiralty, and as courts of Court always equity, so far as equity jurisdiction has been conferred upon them, shall open as court of be deemed always open, for the purpose of filing any pleading, of issu- admiralty, certain purposes. ing and returning mesne and final process, and of making and directing all interlocutory motions, orders, rules, and other proceedings, preparatory to the hearing, upon their merits, of all causes pending therein. And any district judge may, upon reasonable notice to the parties, make, and direct and award, at chambers, or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. Title 13, Chap. 5. Circuits. Sec. JUDICIAL CIRCUITS. Sec. 604. Circuits. SEC. 604. The judicial districts of the United States are divided into nine circuits as follows: First. The first circuit includes the districts of Rhode Island, Massachusetts, New Hampshire, and Maine. Second. The second circuit includes the districts of Vermont, Connecticut, and New York. Third. The third circuit includes the districts of Pennsylvania, New Jersey, and Delaware. Fourth. The fourth circuit includes the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina. Fifth. The fifth circuit includes the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. Sixth. The sixth circuit includes the districts of Ohio, Michigan, Kentucky, and Tennessee. Seventh. The seventh circuit includes the districts of Indiana, Illinois, and Wisconsin. Eighth. The eighth circuit includes the districts of Nebraska, Minnesota, Iowa, Missouri, Kansas, and Arkansas. Ninth. The ninth circuit includes the districts of California, Oregon, and Nevada. CIRCUIT COURTS-ORGANIZATION. 605. Justice allotted to circuits, how designated. 606. Allotment of the justices to the circuits. 607. Circuit judges. 608. Circuit courts, where established. 609. Circuit courts, by whom to be held. 610. Justices of Supreme Court to attend once in 611. Judges of circuit courts may sit apart. Sec. 613. Criminal terms in the southern district of New York; how held. 614. When district judges may sit in cases of appeal or error to their own decisions. 615. When suits transferred from one circuit to another. 616. Cause certified back. 617. Justices may hold courts of other circuits on request. 618. When no justice is allotted to a circuit. Title 13, Chap. 6. SEC. 605. The words "circuit justice" and "justice of a circuit," when Justices allot- used in this Title, shall be understood to designate the justice of the ted to circuits, Supreme Court who is allotted to any circuit; but the word "judge,” how designated, when applied generally to any circuit, shall be understood to include such justice. Allotment of circuits. SEC. 606. The Chief Justice and associate justices of the Supreme the justices to the Court shall be allotted among the circuits by an order of the court, and a new allotment shall be made whenever it becomes necessary or convenient by reason of the alteration of any circuit, or of the new appointment of a Chief Justice or associate justice, or otherwise. If a new allotment becomes necessary at any other time than during a term, it shall be made by the Chief Justice, and shall be binding until the next term and until a new allotment by the court. Circuit judges. Circuit courts, where estab. lished. SEC. 607. For each circuit there shall be appointed a circuit judge, who shall have the same power and jurisdiction therein as the justice of the Supreme Court, allotted to the circuit, and shall be entitled to receive a salary at the rate of six thousand dollars a year, payable quarterly on the first days of January, April, July, and October. Every circuit judge shall reside within his circuit. SEC. 608. Circuit courts are established as follows: One for the three districts of Alabama, one for the eastern district of Arkansas, one for the southern district of Mississippi, and one for each district in the States not herein named; and shall be called the circuit courts for the districts for which they are established. |