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cause of action is frivolous or malicious. Judgment may be rendered for costs at the conclusion of the suit, as in other cases. Provided, that the United States shall not be liable for any of the costs thus incurred. (27 U. S. Stats. 252.)

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§ 353.

Jurors not to be summoned oftener than once in two years.

§ 354.

Grand juries of district courts may act in cases cognizable in circuit courts.

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§ 339. Jurors, qualifications and selection of.-Jurors to serve in the courts of the United States in each State respectively, shall have the same qualifications subject to the provisions hereinafter contained, and be entitled to the same exemptions, as jurors of the highest court of law in such State may have and be entitled to at the time when such jurors for service in the courts of the United States are summoned; and they shall be designated by ballot, lot, or otherwise, according to the mode of forming such juries then practiced

in such State court, so far as such mode may be practicable by the courts of the United States or the officers thereof. And for this purpose the said court may, by rule or order, conform the designation and impanneling of juries, in substance, to the laws and usages relating to jurors in the State courts from time to time in force in such State. (Rev. Stats. 800.)

Note. See United States v. Rose, 6 Fed. Rep. 136.

Qualifications of juror.-Qualifications relate to the juror personally as to age, property, or citizenship (U. S. v. Collins, 1 Woods, 499), and not to special reasons, which, if they exist, do not disqualify the juror. (U. S. v. Williams, 1 Dill. 485.) This section relates to qualifications which are requisite according to the law and practice of the respective States. (U. S. v. Insurgents, 2 Dall. 335; U. S. v. Collins, 1 Woods, 499; U. S. v. Wilson, 6 McLean, 604; U. S. v. Gardner, 5 Chic. L. N. 501; Ú. S. v. Coit, 1 Car. Law Rep. 364; contra, U. S. v. Price, 3 Hall L. J. 121.) The placing of a man's name on the tax-book implies only the qualification of being a tax payer. (U. S. v. Collins, 1 Woods, 499.) Persons exempt are not thereby disqualified. (U. S. v. Gardner, 5 Chic. L. N. 501.) It is not necessary that the rule specify the qualifications, as jurors may be objected to by challenge (U. S. v. Collins, 1 Wood, 499), according to the practice under the State law (U. S. v. Douglass, 2 Blatchf. 207; U. S. v. Reed, 2 Blatchf. 435; U. S. v. Tallman, 10 Blatchf. 21; U. S. v. Tuska, 14 Blatchf. 5), unless act of Congress expressly provides for peremptory challenges (U. S. v. Shackelford, 18 How. 588), as this section does not relate to peremptory challenges (U. S. v. Devlin, 6 Blatchf. 71; U. S. v. Douglass, 2 Blatchf. 207.) The court may direct the summoning of any number of jurors (U. S. v. Insurgents, 2 Dall. 335; U. S. v. Fries, 3 Dall 515; U. S. v. Dow, Taney, 34); and they should be selected from the district at large. (U. S. v. Woodruff, 4 McLean, 105.) If a juror becomes sick after an opening statament he may be discharged and another selected, if that is allowable

under the State law. (Silsby v. Foote, 14 How. 218.) A territorial court is not deprived of its jurisdiction to try a person indicted for a criminal offense by the fact that an alien sat on the grand jury that found the indictment, under a provision of a territorial statute permitting it. (Ex parte Harding, 120 U. S. 783.)

§ 340.

Race or color not to exclude.

No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars. (18 U. S. Stats. 336; 1 Sup. Rev. Stats. 149.)

Note. No person charged with a crime involving life or liberty is entitled by the United States Constitution to have his race represented upon the grand jury that may indict him, or upon the petit jury that may try him. (Jugiro v. Brush, 140 U. S. 291; Wood v. Brush, 140 U. S. 278, 370.)

§ 341. Jurors, per diem. -That the per diem pay of each juror, grand or petit, in any court of the United States, shall be two dollars. (21 U. S. Stats. 43.)

§ 342. Jurors, how drawn.-And that all such jurors, grand and petit, including those summoned during the session of the court, shall be publicly drawn from a box containing, at the time of each drawing, the names of not less than three

hundred persons, possessing the qualifications prescribed in section eight hundred of the Revised Statutes, which names shall have been placed therein by the clerk of such court and a commissioner, to be appointed by the judge thereof, which commissioner shall be a citizen of good standing, residing in the district in which such court is held, and a well-known member of the principal political party in the district in which the court is held opposing that to which the clerk may belong, the clerk and said commissioner each to place one name in said box alternately, without reference to party affiliations, until the whole number required shall be placed therein. But nothing herein contained shall be construed to prevent any judge from ordering the names of jurors to be drawn from the boxes used by the State authorities in selecting jurors in the highest courts of the State. (21 U. S. Stats. 43.)

Drawing jurors.-In drawing jurors the great object is to obtain qualified jurors, and this is effected by the courts of the United States and their officers, and is under the sole regulation of Congress. (United States v. Collins, 1 Woods, 199; United States v. Woodruff, 4 McLean, 105; United States v. Gardner, 5 Chic. L. N. 501.) The State law does not apply. (Alston v. Manning, 1 Chase, 460; United States v. Collins, 1 Woods, 499.) The marshal is substituted for the ordinary, who acts under State laws (United States v. Collins, I Woods, 499; United States v. Woodruff, 4 McLean, 105); and the jurors need not be taken from the lists made by State authority; conformity is required only in two respects: first, as to qualifications and exemptions; second, as to the mode of designating impanneling (United States v. Collins, 1 Woods. 499; see United States v. Gardner, 5 Chic. L. N. 501); but a literal conformity is not required. (United States v. Tallman, 10 Blatchf. 21; United States v. Wilson, 6 McLean, 604.) The Act of Congress of June 30, 1879, having ref

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