be construed to deny or defeat any right of civil action accruing to any person, whether by reason of this act or otherwise; and any district attorney who shall willfully fail to institute and prosecute the proceedings herein required, shall, for erery such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered by an action of debt, with full costs, and shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not less than one thousand nor more than five thousand dollars: And provided further, That a judgment for the penalty in favor of the party aggrieved against any such district attorney, or a judgment upon an indictment against such district attorney, shall be a bar to either prosecution respectively.

Sec. 4. Service as jurors. That 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.

Sec. 5. Review by Supreme Court.—That all cases arising under the provisions of this act in the courts of the United States shall be reviewable by the Supreme Court of the United States, without regard to the sum in controversy, under the same provisions and regulations as are now provided by law for the review of other causes in said court.

Approved March 1, 1875. 43d C., 1st Sess., pp. 335, 337. .

INDEX.

84

261

436

573

84

Section. Page.
ABANDONMENT. See RULES IN EQUITY-
of property, jurisdiction of court of claims.

1059 433
ABATEMENT. See RULES IN EQUITY-
of actions-not by change of terms of district court..... 573

nor by change of terms of circuit court., ... 660
when non-joinder of parties not matter of....

error in ruling on, not reversable on appeal ........... 1011
ACCOUNTS. See RULES IN EQUITY-
of paymaster, etc, decree on .........

1062
reference of, to court of claims, when...

1063 437
proceedings on, when referred .....

1064 438
judgments on, payment of.....

1065 · 438
ACKNOWLEDGEMENTS-
who may take, of instruments........

......... 1071

440
ACTIONS-
of revenue seizures to be consolidated........

920 369
not abated by change of terms of district court.........

by change of terms of circuit court.......... 660 190
removal of from state court.......

644 137, 161
costs in, allowed where several might be joined........ 977 398
on revenue seizures to be consolidated ........

920 369
ACTS OF CONGRESS-

published by Little & Brown, competent evidence ...... 908 357
ADDITIONAL SECURITY-

when required of clerks and marshals .................
ADJOURNMENT-
monthly, for criminal trials, when held ..

578
of district court in certain states ....................... 579
when for non-attendance of judge .........

583
for non-attendance of judge in certain districts.......
in Kentucky and Indiana.........
of special sessions, for criminal trials....

662
of supreme court for want of quorum ......

685
terms of circuit court in Missouri.

663 191
of circuit court for absence of judges......

671 193
written order of either judge..........

672 194
ADMINISTRATORS-
when excluded as witnesses...........................

858 327
when made parties to pending suits......

388

799a

292

584

585

Page.

47

590

62
89

106
89
123
124
125

698

203
216
236
239
268
330

711

362

365
371
379
398

Section.
ADMIRALTY. See RULES IN ADMIRALTY-
cognizance of civil causes in district court.....

563
issue of fact, when triable by jury........

566
preparatory proceedings in, by clerk........
courts of, in Florida and Wisconsin when open.....575, 576
when circuit courts no jurisdiction in......

629
court of, when held by circuit judge............

589
appeal to circuit court in cases in...

631
what copies to be certified, to circuit court. ........ 632
limitation of time of appealing....

635
writ of prohibition to district court, as courts of, by

supreme court..........
new evidence in causes of, on appeal.......
when issues in, tried by a jury (act of Feb. 16, 1875,)...
United States courts have exclusive jurisdiction in.....
final record in causes of, what to contain....

750
mode of proof in causes of...........................

862
forms of process and proceedings in.....

913
power of supreme court to prescribe forms in....

917
powers of inarshal to arrest or release property......... 941
ADMISSIONS. See RULES IN EQUITY-
AFFIDAVIT. See RULES IN ADMIRALTY, RULES IN EQUITY-
required for an attachment..........

915
for attachment on postal suits.......

925
power of commissioners of court to take............... 945

for continuance in suits on postal laws................ 958
ALABAMA-

divided into three judicial districts.
terms of district courts in...............

572
adjournment for non-attendance of judge.

584
included in fifth circuit........

604
circuit courts, where established in......

608
appellate jurisdiction of circuit court in ....

634
terms of circuit courts in.........

658
appeals from middle and northern districts....

694
district attorney of northern district...

767
marshal of district.......

776
marshal of southern district, duty of...

776
federal judges, etc., in.....
ALIENS-
suits by, for torts in district courts............. par. 16, 563

by, in circuit court...... ............. par. 1, 629

against, removed from state court ......... par. 1, 639
when may proscute claim in court of claims............ 1068
ALLOTMENT :

of chief justice to circuit court...........
justices to circuit courts...........................

606
AMENDMENT. See RULES IN ADMIRALTY, RULES IN

EQUITY-
to process returned in circuit and district courts........

general power of courts to allow.........
AMOUNT-
in dispute necessary to right of appeal (act of Feb. 16,
1875)........

3
ANSWER. See RULES IN ADMIRALTY, RULES IN EQUITY.

532

606

""........

237

216

276

6.3

698

216

01 papers........................

217

219

701

703

223

Section. Page.
APPEAL. See RULES IN ADMIRALTY, RULES IN EQUITY-

from circuit court, or district court acting as such....... 692 209
from decrees on certificate of division.......

693 213
transcripts, etc., transmitted to supreme court ...... 698
same use when both parties appeal.......

1013 415
in what cases allowed regardless of amount........ .699, 5 217, 639
what amount necessary to give right of generally..

237
to circuit court in habeas corpus cases...........

763 275
to the supreme court from circuit, same cases... . 764 276
how taken......................i

765
proceedings on, suspends state authority .....

766 276
to supreme court, taken within two years....

.. 1008 412
from circuit courts, subject to same rules as writs of error 1012 414
bond on, when and how approved .................... 1000 407
none required in appeal by United States, or a depart-
ment.........
.................... 1001

408
from district courts.....

.........631, 633. 635 123, 125
to supreme court in equity and admiralty cases......... 692 209
review on certificate of division.......

213
in prize cases ..............

695 214
in prize causes remaining in circuit court.......

696 215
points certified on certificate of division .......

697
transcript on...................................
transmission of papers......
in equity causes, regardless of amount........
on bill of exceptions to ruling .................
power of court to affirm, modify or reverse .....
from territorial courts...........

702 222
when territory becomes a state..........
from district court, in transfer from territorial court....
from supreme court of District of Columbia.........
allowance for matter in excess of $100.......
from court of claims........

707
time and manner, from court of claims...
in habeas corpus cases......

764
how taken in such cases.....

765 276
supreme court to prescribe regulations..

765 276
to circuit court from district court.

631 123
what copies certified up on appeal............... 632 124
limitation of time for taking......

635
district judge not to vote, when...........

614 99
when costs not allowed appellant........

968 394
in capital cases suspends sentence......

423
appeals arising under act respecting civil rights...

639
APPEARANCE. See RULES IN EQUITY-
of non-resident defendant, when court may order.......

554
APPELLATE JURISDICTION-
of supreme court.....

205
in equity and admiralty cases.........

209
review on certificate of division.......

213
of circuit courts in admiralty.....

123
from district courts (act March 3, 1875).........

146
APPENDIX-
containing register of federal judges, etc........

601
APPRAISEMENT-

of property seized under custom laws.....
of goods taken on fieri facias..............

705
706

708

125

040

692