THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW »'.i.- 1% ^-i ^^^mff^ v^ I* LAW 5' QO BOOKS '^o. sprv^"^ V CRIMINAL PROCEDURE OF u NiTED State RTS By EDWARD T. ROE, LL.B. THE SPBIJfGFIELD BAK. CHICAGO : CALLAGHAN & COMPANY, LAW BOOK PUBLISHERS. 1887. Entered according to Act of Congress, in the j^ear one thousand eight liundred and eighty seven. By CALLAGHAN & COMPANY, In the office of the Librarian of Congress, at Washington. Rao. DEDIGJITIOI?, Hon. SAMUEL H. TREAT, Judge of the District Coiiet of the United States fok the Southern District of Illinois, WHO FOB thirty YEARS HAS FILLED THE HONORABLE POSITION HE NOW OCCUPIES, AND DISCHARGED THE DUTIES OF HIS OFFICE WITH SUCH ABILITY, PROFESSIONAL SKILL, UNBIASED JUDG- MENT AND UNSPOTTED HONOR, AS TO HAVE WON THE CONFIDENCE AND UNQUALIFED APPROBATION OP THE ENTIRE BAR, THIS VOLUME IS RESPECTFULLY DEDICATED. 735901 PREFACE. The present volume is the result of fifteen years' experience as a pros- ecutor in the courts of the United States. It has not been made to order, but has grown from year to year in the hands of the author as ex- perience made manifest the necessity for a ready guide to the practice of the criminal law in the courts of the United States. The first great obstacle that the author encountered in the successful prosecution of crimes and offences against the United States, Avas the absence of any complete index to the Criminal Statutes of the United States, or to the decisions of the courts construing them. The Revised Statutes and the Statutes at Large furnished the only source of knowl- edge as to what constituted a crime against the United States, and much careful searching through these numerous volumes, at the expense of much time and patience, was often necessary to find the desired in- formation. And when the statute had at last been run down, another search had to be entei'ed upon, through very numerous volumes of United States Digests, to ascertain w^hat construction had been placed upon the statute by the Courts, and as to the proper pi'actice of prosecuting the crime. To remedy this trouble, a -Ready Reference Index to the U. S. Criminal Statutes and Decisions was early entered upon, and care- fully corrected and enlarged as the statutes and the decisions of the courts thereon were varied. In 1874 the author ventured upon the publication of a little A^olume of Preliminary Practice in the Courts of the United States, intended princii)ally as a manual for United States Commissioners in conducting ezarcdnations for crimes and offences against the United States. The inquiries that came up from commissioners and attorneys in various parts of the Union, asking as to points of practice not treated of in the man- ual, induced the author to carefully investigate all points of criminal practice that might possibly occur in proceedings before U. S. Com- missioners and in the Courts of the United States, and the fruits of that investigation are embodied in this work. vi Pkeface. Tlio matter of suitable forms has been a stumbling-block to many competent officials, and the collection of forms and precedents herein given is believed to be such as will practically remove the difficulty. One of the most annoying duties of an official of the United States is the matter of collecting his accounts. From a practical knowledge of the " points of difficulty " the author has given herein such full instruc- tions thereon as will, it is believed, enable attorneys, clerks, commis- sioners and marshals to properly render their accounts to the Govern- ment. The rapid and unexpected decisions of the U. S. Courts on points of ])ractice have induced the author, as near as practicable, to state the law in the language of the statutes and decisions, instead of giving his own version of the same. A contrary course has rendered many a national text book worthless. Trusting that others may find the matter of this work as serviceable to them as it has been to the authoi-, he submits it to the Profession without apology. SPEWGFIELD, Jantjaky, 1887. CONTENTS- CHAPTER I. JURISDICTION. Constitutional Provisions. page. The Supreme Law of the Land 1 Powers of Congress 1 The Judicial Power, where vested. 2 Inferior Tribunals 2 The Supreme Court 2 Statutory Provisions. The United States Courts vested with exclusive jurisdiction. ... 3 Jurisdiction of the District Courts. 3 Jurisdiction of the Circuit Courts 4 Constitution and Laws of U. S. applicable to the Territories. ... 4. General Laws as to crimes extended to Indian Country .... 4 Exceptions 5 Indians, committing certain Crimes subject to U. S. Laws and jurisdic- tion of U. S. Courts 5 Punishment of certain offenses in places ceded to United States. . . 6 APPELLATE JURISDICTION. Of the Supreme Court. On Certificate of division of opinion of Judges in Circuit Court. . . .6 Point certified to be finally decided by the Supreme Court. ... 7 In Capital cases carried to Supreme Court, execution postponed . . .7 On Writ of Error to State courts. 7 Bail in cases removed by Writ of Error fi'om State courts . . . .8 Cases on Writ of Error to have precedence. 8 Of the Circuit Courts. On Writ of Error to District courts 9 When and how writs to be i^resented ........ 9 Bond to be required 9 Bail in case of stay of proceedings. . . • .9 When Writ of Error to be return al)le. .10 Court may advance Writ for speedy trial 10 viii Contexts. PAGE Proceedings in case of affirmance and of reversal 10 Of Civil Kights cases removed from State couils on Petition. . . 10 Habeas Corpus to issue When petitioner is in actual custody. . . .11 Of cases against Revenue and Election Officers removed from State courts. 11 Certiorari, to issue ■when 12 Habeas Corpus cum causa to issue when 12 COMMON LAW JURISDICTION OP U. S. COUKTS IN CIVIL EIGHTS CASES. To be exercised by circuit and district courts when. , ... 13 SUMMAKY TRIALS FOR OFFENSES AGAJNST NAVIGATION LAWS. Complaint and Answer. 14 Amendments and Adjournments 14 Challenges to Jurors 15 Limit of Sentences. 15 Penalties, etc., under Navigation Laws, how prosecuted. ... 15 Monthly Adjournments of District Courts for trial of criminal causes. . 15 Special Sessions of Circuit Courts for trial of criminal causes, . . 15 • Supreme Court, etc., may direct special sessions to be held near place of offense 16 SPECIAL PROVISIONS AFFECTING JURISDICTION OF U. S. COURTS IN DIFFERENT STATES, In Georgia 16 " Michigan l6 " Missouri l-r " Ohio 17 " Tennessee 17 ^' Texas 17 chapter' IT. LIMITATIONS. Capital offenses. 18 Offenses not capital, except arising under Revenue or Slave Trade Laws. . IS Fleeing from Justice, limitation not to extend to persons. ... 19 Crimes under tlie Revenue Laws. . 19 Under Customs Revenue Laws, Penalties and Forfeitures. ... 19 Offenses under Internal Reveniie Laws. 20 Penalties and Forfeitures undei- Laws of United States 20 Parties beyond reach of Process during the Rebellion. . . . .21 CHAPTER III. COJVOrENCEMENT OF PROCEEDINGS. The Prosecutor. Duty of District Attorney to Prosecute all delinquents for crimes against . U. S 22 Duty of Internal Revenue Collectors to report violations to District . Attorney. 22 Duty of District Attorney to Prosecute cases reported by Collectors. . . 23 Contents. ix The Magistrate. page. Offenses against the United States, before whom and how Prosecuted. . 23 The United States Commissioners — tlieir Powers and Duties. . . .23 The Complaint. • 24 On whose Complaint a warrant may Issue . 24 Approval of the District Attorney 24 Technical Cases 25 Order of Court governing Conduct of Proceedings before U. S. Commissioners 25 The Warrant of Arrest. Constitutional Provision . 26 Arrest and Koraoval to another District 26 Arrests without warrants 27 The Preliminary Examination. Commissioners' Authority wholly derived from Statute 28 " Usual mode of Process " — meaning of 28 Commitment. What evidence sufficient to warrant 28 What the mittimus should show. 29 CHAPTER IV. BAIL. Constitutional Provision. In cases not capital, when and by whom admitted 30 The Eecognizance, what it must set forth 30 In capital cases 31 In cases removed by writ of error from State courts 31 Surrender of criminals by their Bail 31 New Bail 32 When penalty of recognizance may be remitted .32 Security of the Peace 32 CHAPTER V. PJROCESS. Only one Writ necessary where several charges are made. ... 34 Copy of Writ to be Jailer's authority 34 Only one Writ necessary to remove prisoner to another district. . . 35 No Writ necessary to bring into court a person in Custody. . . .35 Execution may issue for fine or penalty 35 Discharge of Poor Convicts imprisoned for fines, etc. . . . .36 Marshals to serve Process. 36 Powers of Marshals same as Sheriffs . • 36 Deputies to continue to serve Process after death of Marshal. . . 37 Marshals may execute process in tlieir hands after removal etc. . . 37 Contents. PAGE. "Wlien the Marshal or his Deputy is a party 38 Search Warrants may issue to Customs Officer 38 " May issue to Internal Revenue Officer. ... . ... 38 Search warrants for counterfeit dies &c., of registered Trade-mark. . 38 CHAPTER VI. WITNESSES. Subpoena ; form of : attendance under 40 Subpoenas to run into any District 40 Defendants' Witnesses ; when to be subpoenied at the cost of U. S. . . 40 Witnesses before IJ. S. Commissioners, taxation of fees of. . . . 41 Attachment of Delinquent witnesses for contempt 41 Recognizance of witnesses 42 May be required at any time on application of District Attorney. . . 42 Color not to exclude witness. 42 Defendants competent witnesses. . 43 Persons convicted of Perjury incompetent 43 Testimony of witnesses before Congress not to be used against them. . 43 Pleadings, disclosures &c., of Party or Witness not to be used against him. 43 List of Witnesses to be delivered to accused, when 44 Compulsory Process for defendants' Witnesses in Capital Cases. . . 44 Privilege from arrest 44 CHAPTER VII. JUEIilS. Qualification, selection and pay of Jurors. . . . . » . . 45 Jurors, how to be apportioned 46 Writ of Venire, how issued and served. .._..... 46 Talesmen for Petit Jm-ies, how returned 47 Special Juries in Circuit Courts 47 Juries in Northern District of New York 47 Special Jury in Vermont 47 Number of Grand Jury ; Completing Jury. 47 Foreman of Grand Jury. 48 Grand Juries, when summoned. . . . • . . . . , .48 Discharge of Grand Juries. 48 Jurors not to be summoned oftener than once in two years. . . .48 Grand Jurors of District Courts to serve in Circuit Court. ... 49 Juries in Arkansas. 49 Juries in Kentucky and Indiana 49 Juries in North Carolina 49 Juries in the Western District of South Carolina 49 Grand Juries in Vermont 50 Jurors in Northern District of Ohio 50 Jurors in Southern District of Ohio. . . . . . . . .50 .Jurors in Georgia 50 Jurors in Colorado 50 Jurors in Tennessee. 50 Contents. xi PAGE Challenges 50 Sections S2() and 821 U. S. Revised Statvites repealed 51 Jurors in Civil Kights Cases. 51 Excess of Challenges. 51 Challenges in Summary Trials 52 CHAPTER VIII. Indictments, Presentments and Informations. Constitutional Provisions. Infamous crimes to be Prosecjited only by Presentment or Indictment of a Grand Jury 53 Equal Protection of the Laws .54 Right to Vote not to be denied or abridged on accoimt of Color or Previous Condition. ... ......... 55 Statutory/ Provitiions. Indictments not to be found without concurrence of Twelve Grand Jurors. 55 Crimes against the Elective Franchise, how Prosecuted. . . . 55 Form of Indictment for Perjury. ........ 55 Indictment for Subordination of Perjury 56 Indictment for Perjury before a Court-martial. . . , . . 56 Several Charges of Similar Offenses to be joined in one Indictment. . 56 Indictment not to be deemed insufficient for defect of form only. . . 57 Judgment on Demurrer to Indictment 58 Prisoner standing mute, Plea of not guilty 58* Verdict for less offense than charged. .... ... 58 Verdict against part of several joint defendants 59 CHAPTER IX. trials, remissions, compromises, continuances, collection, of FINES and costs, NEW TRIALS. Constitutional Provisions. Trials to be by Jury in the State where the crime is committed. . . 60 Accused to have Speedy Trial, be Confronted by the Witnesses, have Compul- sory Process, and Counsel for Defense 60 Statutory Procislons. Capital Crimes, where to be tried . . .60 Offenses on the High Seas, where to be tried 61 Offenses begun in one district and completed in another, where to be tried. 61 Indictments remitted by Cn-cuit and District Courts to each other. . 61 Remission of ditHcult cases from District to Circuit Court. ... 62 All Capital Cases remitted from District to Circuit Court. ... 62 Capital Cases carried to the Supreme Comt 62 Compromises. 63 Remission of Fines 63 Discontinuances 64 Continuances 64 xii Contents. PAGE Costs of Prosecution . 64 Judgments for Fines, how Collected. 65 Discharge of Poor Convicts 65 New Trials 66 CHAPTER X. HABEAS CORPUS. ConstitMfinnal Provisions. Privilege of not to be Suspended. 67 Statutory Provisions. Power of Courts to issue writs of. 67 Power of Judges to grant the writ. 68 Where Person is in jail 68 Application for the writ. 69 Allowance and Direction of 70 Time of Return 70 Form of Return. 70 Body to be Produced 71 Day for Hearing. 71 Denials of Return. 71 Summary Hearing 71 In cases involving the Law of Nations. ...... .72 Appeals to Circuit Coiu't. 72 Appeal to Supreme Court .73 Pending Proceeding, Action by State Authority void 73 CHAPTER XT. EXTRADITION. Fugitives from .Justice of Foreign Country 75 Evidence on the Hearing 76 Subpoena of Witnesses for Defense 76 Witness fees, costs etc. , how paid 77 Evidence on the hearing. . 77 Repeal in part of Sec. 5271, Revised Statutes 77 Surrender of the Fugitives. 77 Time allowed for Extradition 78 Continuance of the Provision relating to, limited 78 Protection of the accused 78 Powers of Agents receiving offenders 79 Penalty for opposing Agents, etc. 79 Fugitives from Justice of a State or Territory. 79 Penalty for resisting Agent, etc 80 Arrest of deserting seamen from Foreign Vessels 80 Powers of Foreign Consuls over disputes between Seamen. . . .81 Arrest of Seamen on application of Consul 81 Commitment and discharge. 82 Contents. xiii CHAPTER XII. PRISONERS AND THEIR TREATMENT. PAGE Constitutional Provmon. Bills of attainederaud ea; jposi/acto laws 83 Cruel and unusual punishments 83 Removal of Prisoners in case of contagion or Epidemic 83 Allowing Prisoners to escape. 83 Expenses for Prisoners to be paid by United States. .... 84 Places of confinement 84 Marshal to make provision for safe keeijing. ...... 84 United States convicts in State Penitentiaries 85 Selection of a Penitentiary in a divided District. 85 Sentences for longer term than one year, where executed. ... 85 Penitentiary sentences, where to be executed. ...... 85 Deduction from term of imprisonment for good conduct. ... 85 Money and clothes to be furnished on discharge in certain cases. . . 86 Actual reasonable cost of subsisting prisoners to be paid. ... 86 Designation of Penitentiary by Attorney-General 87 a Attorney-General to contract for subsistence, etc. ..... 87 Court may order sentence executed in house of correction. ... 88 Confinement of Juvenile Offenders. 88 Attorney General to contract for subsistence of. 88 CHAPTER XIII. f FEES AND ACCOUNTS. Fees to be taxed 89 Fees of Attorneys, Solicitors and Proctors. 89 Clerks' Fees 92 Marshals' Fees 95 Additional Provisions regarding Fees of Clerks, Marshals, and District Attorneys. 98 Mileage and expenses of Attorneys, Marshals and Clerks. . . . 101 Commissioners' Fees 102 Witnesses' Fees 103 Jurors' Fees. 104 Printers' Fees. . . . . ' 105 Fees : how paid and recovered 105 Bill of Costs : how taxed 106 Accounts of Clerks, Marshals, District Attorneys, and Commissioners; . how to be proved and presented before taxing or allowing. . . 106 Instructions to U. S. Attorneys, Clerks, and Commissioners, as to the Rendition of their accounts. 107 Accounts of United States Attorneys. 109 Form of U. S. Attorney's account for Fees 109 Accounts of U. S. Commissioners 109 Form of U. S. Commissioner's account 112 Contents. PAGE Marshals' Accounts 113 Payments to Witnesses and Jurors. 114 Employment of Guards by Marshals. ........ 116 PART II. FORMS AND PRECEDENTS. U. S. Commissioners Forms > . . . . 117 Marshals' and Clerk's Forms 132 Attorneys Forms and Precedents. 144 PART III. Keady Reference Index to the U. S. Criminal Statutes and Decisions. , 163 CRIMINAL PROCEDURE OF UNITED STATES COURTS. CHAPTER I. JUMSDICTION. Constitutional Provisions. The supreme law of the land. — This Constitution, and the laws of the United States whicli shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding. (^Art. VI., cl. 2, Constitution United States.') Decisions. — State courts are bound to conform to the decisions of the United States Supreme Court declaring State legislation to be in conflict with the con- stitution of the United States and therefore void. Cook vs. Moffatt, 5 How. 295, 308; see generally Dodge vs. Woolsey, 18 How. 331 ; Woolsey vs. Dodge, 6 McLean, 141; McCullough vs. Maryland, 4 Wlieat. 316; United States vs. Hart, Pet. C. C, 390; U. S. vs. Kathbone. 2 Paine, 578; U. S. vs. Backus, 6 McLean, 443; Hauen- stein vs. Lynham, 100 U. S. 483. State laws unless adopted by Congress cannot bind United States or control the action of U. S. officers. Wayman v. Southard, 10 Wheat. 1 ; United States Bank vs. Halstead, 10 "Wlieat. 51 ; Fink vs. O'Neal, lOfi U. S. 272; 1 Sup. Ct. Eep'r, 325. A State law^ pui-porting to create an offense, but passed in violation of a treaty of the United States, is void; and a conviction under it is void. Up Wong-Yung-Quy, 6 Sawy. 237. A constitutional act of Con- gress cannot be interfered with by State legislation to protect a person incurring punishment.under it. Van Metre vs. Mitchell, 4 Pa. L. J. 111. 2 Wall. Jr. 311. Power of Congress to punish counterfeiting ; crimes on the high seas and against the law of nations. — The Congress shall have power — 2 Criminal Procedure of (6.) To provide for the punishment of counterfeiting the securi- ties and current coin of the United States ; ^ (10.) To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations ; ^ (18). To make all laws M'hich shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or any department or officer thereof ^ (^Ai't. 1, sec. 8, clauses 6, 10, a7id 18, Constitution United States.') 1 Decisions.— Fox vs. State of Ohio, 5 How. 410 ; U. S. vs. Marigold, 9 How. 560; Ex ixirte Hougliton, 8 Fed. Rep'r, 897. 2 U. S. rs. Pirates, .5 Wheat. 184; Henfield'sCase, Whart. St. Tr. 49-85; The Es- trella, 4 Wheat. 298; U. S. vs. Smith, 5 Wheat. 1.53; U. S. vs. Chappels, 2 Wheel. Cr. Cas. 218; U. S. vs. Holmes, 5 Wheat. 412; U. S. vs. White and another, 27 Fed. Rep'r, 200. 3 Power of Congress to define and punish crimes and offenses against the United States generally. See U. S. vs. Smiley, 6 Sawy. 640; IJ. S. vs. Cross, 1 Mc Arthur, 149; U. S. vs. Britton, 108 IJ. S. 199; U. S. vs. Terrel, Hemp. 411; U. S. vs. Bar- ney, 5 Blatch. 294; U. S. vs. Worrall, 2 Dall. .384, 393; U. S. v. Hutchinson, 4 Pa, L. J. Eep. 211; U. S. vs. Coppersmith, 2 Fllppin 546. Power to declare the punishment of treason. — The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. (^Ai't. III. sec. 3, cl. 2, Constitution United States.') The judicial power of U. S., where vested. — The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time or- dain and establish. (^Art. III., sec. 1, Constitution United States.) Decisions. — See IT. S. vs. Alherty, Hemp. 444; U. S. vs. Ta-wan-ga-ca. Id. 304. Inferior tribunals. — The Congress shall have power (9.) To constitute tribunals inferior to the Supreme Court. (Art. I. sec. 8, clause 9, Constitution United States.) Decisions. — U. S. vs. Taylor, 3 INIcLean, 539 ; Ames vs. Kansas, 111 U. S. 449. Jurisdiction of Supreme Court — In all cases affecting ambassa- dors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction.^ In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, United States Courts. 3 with such exceptions, and under sucli regulations as the Congress shall make.^ (Art. III.^ sec. 2, cl. 2, Constitutmi United States.) ''■ Decisions. — Kentucky vs. Dennison, 24 How. 60, 98; Fowler tjs. Lindsey, 3Dall. 411; Mississippi r«. Johnson, 4 Wall. 475; Florida ?;s. Georgia, 17 How. 478; Mar- bury rs. Madison, 1 Crancli 137; Cohens vs. Virginia, 6 Wheat. 264; Osbom vs. Bank of U. S. , 9 Wheat. 738. ^ As a writ of error does not lie from the Supreme Court to a Circuit Court the only mode of revision is by certificate of division of opinion provided in Section 697 Eev. Stat. U. S. U. S. vs. Gilbert, 2 Sumn. 19. U. S. vs. Plumer, 3 Cliff. 1. It has an appellate jurisdiction by habeas corpus cases over decisions of circuit and district courts. Wales vs. Whitney, 114 U. S. 564. Statutory Provisions. Exclusive jurisdiction ofU. S. courts. — The jurisdiction vested in the courts of the United States in cases and proceedings here- inafter mentioned, shall be exclusive of the courts of the several States : First. Of all crimes and offenses cognizable under the au- thority of the United States. {Rev. Stat. U. S. sec. 111., par. first.) Decisions. — A State Court has no jurisdiction over offenses committed against the laws of the United States. U. S vs. Adams, 4 Black 146; Brown vs. U. S. 1 K Y. Week. Dig. 347; U. S. vs. Lathrop, 17 Johns. 4; Ex 2'>arte Houghton, 7 Fed. Rep'r. 657; Eximrte Dock Bridge, 2 Woods, 428; Martin vs. Hunter, 1 Wheat. 304; People vs. Fonda, 29 N. W. Rep'r. 2G; Commw. vs. Ketner, 92 Penn. St. 372. None over counterfeiting. Ex parte Houghton, 8 Fed. Rep'r. 897. The same act may sometime constitute an offense against both the United States and a State, and be punishable under both jurisdictions. Moore vs. Illinois, 14 How. 13; U. S. vs. Wells, 15 Int. Rev. Rec. 56; U. S. vs. Amy, 4 Quart, L. J. 163, Ex parte Geisler, 4 Woods, 381. The District Courts — 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 re- spective 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, — [ i. e. depositing fraudulent papers in the archives of the Surveyor-General's office in Cali- fornia.] Second. Of all cases arising under any act for the pun- ishment of piracy, when no circuit court is held in the district of such court. (Sec. 563, liev. Stat. U. S.) 1 Decisions. — The district courts have jurisdiction of indictment for forgery under act of March 3, 1813. U. S. vs. Randolph, 1 Pittsb. 24; thoy have no jurisdiction over criminal cases in admiralty except as granted by particular acts of Congress* U. S. vs. Wilson, 3 Blatch. 435; U. S. vs. Bedford Bridge, 1 W. & M. 401; Corfield vs. Coryell, 4 Wash. 371. 4 CKi]\rixAL Procedure op The Circuit Courts. — The circuit couits shall have original juris- diction as follows : Nineteenth. Of all suits and proceedings arising under section fifty-three hundred and forty-four, Title " Crimes," for the pun- ishment of officers and owners of vessels, through whose negli- gence or misconduct the life of any person is destroyed. Twentieth. Exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, except where it is or may be otherwise provided by law, and concurrent jurisdic- tion with the district courts of crimes and offenses cognizable therein.2 {Sec. 629, Rev. Stat. U. S., and Act of 3Iarch 3, 1875; 18, Stat, at L. 470 ; 1 Sup. Rev. Stat. 173). Decisions. — For construction of paragraphs in subdivision twenty of above Sec- tion, see U. S. vs. Ilollida}-, 3 Wall. 407. The criminal jui-isdiction of the Circuit Courts is limited to offenses committed within their respective districts, in cases where the offenses were committed within a State. U. S. vs. Bevins, 3 "Wheat. 336; U. S. vs. Jachalow, 1 Black 484; U. S. vs. Bird, 1 Sprague, 291* ; U. S. vs. Britton, 2 Mas. 464; U. S. vs. Alberty, 1 Hemp. 444; U. S. vs. Wood. 2 Wheel. Cr. Cas. 325; U. S. vs. Cornell, 2 Mas. 91. To give the Court jurisdiction over an offense Congress must first have defined the crime and fixed the punishment. IT. S. vs. Hudson,"? Cranch 52; U. S. vs. Hall, 98 U. S. 343; U. S. ss. Mann, 1 Gall. 3; U. S. vs. Coolidge, 1 Wheat. 415. The Circuit Court has jurisdiction over a crime committed within its district by a foreign consul. U. S. vs. Eavara. 2 Dall. 297; see U. S. vs. Ortega, 11 Wheat. 467. The U. S. Courts have no common law juris- diction over crimes independent of the Constitution and Statutes of the United States. E.V parte BoUman, 4 Cranch 75; U. S. vs. Lancaster, 2 McLean 431; U. S. IS. Ramsey, Hemp. 481; U. S. r.s. Barney, 5 Blatch. 294; 3 Int. Eev. Rec. 46; U. S. vs. Hutchinson, 4 Pa. L. J. Rep. 211; Compare Henfield's Case. Whart. St. Tr. 49—85; The Estrella, 4 Wheat. 208; U. S. rs. Terrel, Hemp. 411; U. S. vs. Worrall, 2 Dall. 384, 393. Yet they have jurisdiction to inquire into and pass upon all acts charged by competent authority to be offenses against the Fnited States, and presented to them as such for their consideration. U. S. vs. Reese, 4 Sawy. 629. The criminal jurisdiction of the circuit courts does not extend to cases in rem to enforce a forfeiture. Ketlaud vs. The Cassius, 2 Dall. 365. Constitution and laws applicable to all the Territories. — The Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within all the organized Territories, and in every Territory hereafter organized as elsewhere within the United States. (Sec. 1891, Rev. Stat. U.S.) General laws as to crimes extended to Indian Country- — Ex- cept as to crimes the punishment of which is expressly provided for in this Title, the general laws of the United States as to the punishment of crimes committed within any place within the United States Courts. 5 sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian Country. (Sec. 2145, Jlev. Stat. U. S.) Decisions.— Ex parte Crow Dog, 109 U. S. 556 ; U. S. vs. Yellow Sun, 1 Dill. 271 ; U. S. vs. Ward. Woolw. 17 ; Ex parte Sloan, 4 Sawy, 330 ; U. S. vs. Stahl, Woolw. 192 ; U. S. vs. Terrel. Hemp. 422 ; U. S. vs. Howard, 17 Fed. Rep'r, 638 ; U. S. vs. Ivy. Hemp. 562; U. S. vs. Dawson, 15 How. 407 ; U. S. vs. Ta-waii- ga-ca, Hemp. 304; U. S. vs. Starr, Hemp. 469; U. S. vs. Sanders, Hemp. 483 ; U. S. vs. Berry, 2McCrary, 58 ; Pickett vs. U. S. 1 Idaho U. S. 523 ; U. S. vs. McBratner, 104 U. S. 621. The " Indian Country " does not include Alaska. Kie vs. U. S. 27 Fed. Eep'r, 35. Exceptions. — The preceding section shall not be construed to extend to crimes committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian Country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively. {Sec. 2146, Rev. Stat. U. S. as amended hy act of Feb. 18, 1875, 18, Stat, at L. 318. Decisions. — Ex parte Crow Dog, 109 U. S. 556. See Ex parte Reynolds, 18 Alb. L. J. 8. U. S. vs. Berry. 2 McCrary, 58; U. S. vs. Kau-gi-shan-ci, 27 Int. Rev. Rec. 394 ; U. S. vs. Martin, 8 Sawy. 473. Indians committing- certain crimes subject to U. S; laws and jurisdiction of U. S. courts. — Be it enacted., etc. — Sec. 9. That im- mediately upon and after the date of the passage of this Act all In- dians, committing against the person or property of another Indian or other person any of the following crimes, namely murder, man- slaughter, rape, assault with intent to kill, arson, burglary, and larceny within any Territory of the United States, and either within or without an Indian reservation, shall be subject therefor to the laws of such Territory relating to said crimes, and shall be tried therefor in the same courts and in the same manner and shall be subject to the same penalties as are all other persons charged with the commission of said crimes, respectively ; and the said courts are hereby given jurisdiction in all such cases ; and all such In- dians committing any of the above crimes against the person or property of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Indian reservation, shall be subject to the same laws, tried in the 6 Criminal PiiOCEDURE of same courts and in the same manner, and subject to the same penalties as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States. {Sec. 9, Act of 3Iareh 3, 1885 ; 23, Stat, at L. 385.) OflFences committed in places ceded to United States. — If any offence be committed in any place which has been, or may hereafter be, ceded to and under the jurisdiction of the United States, which offence is not prohibited, or the punishment thereof is not specially provided for, by any law of the United States, such offence shall be liable to, and receive, the same punish- ment as the laws of the State in which such place is situated, now inforce, provide for the like offense when committed within the jurisdiction of such State ; and no subsequent repeal of any such State law shall effect any prosecution for such offence in any court of the United States. QSee. 5391. Rev. Stat. U. S. ) Decisions.— \J . S. m. Cornell. 2 Mas. 91 ; U. S. vs. Paul, 6 Pet. 141 ; U. S. vs. Smiley, G Sawy. 640 ; U. S. vs. Terrel. Hemp. 411, 422 ; Ex parte Sloan, 4 Sawy. 330 ; U. S. vs. Ward, McCalion, 199 ; U. S. vs. Stahl, McCahou, 206 ; Sharon vs. Hill, 31 Int, Rev. Rec. 294. APPELLATE JUEISDICTION. 1. Of the Sii'preme Court. On certificate of division of opinion of judges in Circuit Court. — "Whenever any question occurs on the trial or hearing of any criminal proceeding before a circuit court upon which the judges are divided in opinion, the point upon which they disagree shall, during the same term, upon the request of either party, or of their counsel, be stated under the direction of the judges, and certified, under the seal of the court, to the Supreme Court at their next session ; but nothing herein contained shall prevent the cause from proceeding if, in the opinion of the court, further proceed- ings can be had without prejudice of the merits. Imprisonment shall not be allowed nor punishment inflicted in any case where the judges of said court are divided in opinion upon the ques- tion touching the said imprisonment or punishment. (Sec. 651, Rev. Stat. U. S.') Decisions. — Each question certified must present a clear and distinct proj)Osi- tion of law to which the coiut can respond and not a proposition of mixed law and facts. Waterville vs. Van Slyke, 116 U. S. 699. The points on which the judges differ must be stated in the certificate. United States Courts. 7 U. S. vs. Briggs, 5 How. 208 ; U. S. vs. Bailey, 9 Pet. 267 ; U. S. rs. Ross, 3 Wheat, 600 ; Sadler vs. Hoover, 7 How. 64(i ; Dennistown vs. Stewart, 18 How. 565 ; U. S- vs. Ambrose, 108 U. S. 336. A division of opinion on a motion to quash an indict- ment is not certifiable. U. S. vs. Rosenburgh, 7 Wall, 580 ; U. S. vs. Avery, 13 Wall. 251. The supreme court cannot take cognizance of a criminal case except upon a certificate of division of opinion ; writ of error, certiorari, or prohibition will not lie. Ex jmrte Gordon, 1 Black, 503 ; U. S. vs. Gilbert, 2 Sum 10 ; U. S. vs. Plumer, 3 Cliff. 1 ; Contempt of court is a crime, and can be taken up only on cer- tificate of division. New Orleans rs. Steamship Co., 20 Wall. 387 ; U.S. vs. Jacobi, 4 Am. L. T. 148 ; Habeas Corpus, being a civil proceeding, cannot be carried upon a certificate of division, although sued out to revise a commitment on a criminal charge. Ex parte Tong, 2 Sup. Ct. Rep'r, 871 ; Compare Ex parte Milligan, 4 Wall. 2. Case can not go to Supreme Court on division of opinion between judge who tried cause in district court and the other judge sitting in circuit. U. S. vs. Emholt, 105 U. S. 414. Point certified to be finally decided by the Supreme Court. — When any question occurs on the hearing or trial of any criminal Ijroceeding before a circuit court, upon which the judges are divided in opinion, and the point upon which they disagree is certified to the Supreme Court according to hiw, such point shall be finally decided by the Supreme Court ; and its decision and order in the premises shall be remitted to such circuit court, and be there entered of record, and shall liave effect according to the nature of the said judgment and order. (^See. 697, Rev. Stat. U. S.~) Decisions. — If the judgment as rendered is correct it will be affirmed without an- swering the questions certified. But if it is reversed all questions certified which were considered in the final determination should be answered. U. S. vs. Reese, 92 U. S. 214. See U. S. vs. Britton, 108 U. S. 207. In capital cases carried to the Supreme Court, execution post- poned.— Whenever a judgment of death is rendered in any court of the United States, and the case is carried to the Supreme Court in pursuance of law, the court rendering such judgment shall, b}^ its order, postpone the execution thereof from time to time and from term to term, until the mandate of the Supreme Court in the case is received and entered upon the records of such lower court. In case of affirmance by the Supreme Court, the court rendering the original judgment shall appoint a day for tlie execution thereof ; and in case of reversal, such further proceedings shall be had in the lower court as the Supreme Court may direct. (aS'sc. 1040, Hev. Stat, U. S.') On Writ of Error to State Courts.— A final judgment or decree in any suit in the highest court of a State, in which a decision in the suit could be had, where is drawn in question the validity of a 8 Criminal Procedure of treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question tlie validity of a statute of, or an authority ex ercised under any State, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of their validity ; or where any title, right, jjrivi- lege, or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privi- lege, or immunity specially set up or claimed, hy either party under such constitution, treaty, statute, commission or authority may be re-examined and reversed or affirmed in the Supreme Court upon a writ of error. The writ shall have the same effect as if the judgment or decree complained of, had been rendered or passed in a court of the United States. The Supreme Court may reverse, modify, or affirm the judgment or decree of such State court, and may, at their discretion, award execution, or remand the same to the court from which it was removed by the writ. {Sec. 709, Rev. Stat. U. S., as amended hy act of Feb. 18, 1875, 18 Stat.L. 318.) Decisions. — See generally McGiiire vs. Com. 3 Wall. 382 ; Kankin vs. State, 11 Wall. GSO ; Williams vs. Bruffy, 102 U. S. 248 ; and for a collection of authorities see 26 Fed. Rep'r. 289. Bail in cases removed by "writ of error from State Courts — When a writ of error is issued for the revision of the judgment of State Court, in any criminal proceeding where is drawn in ques- tion the validity of a statute of, or an authority exercised under, the United States, or where any right, title, privilege or immunity is claimed under the Constitution, or any statute of, or commis- sion held, or authority exercised under, the United States, the de- fendant, if charged with an offense that is bailable, by the laws of such State, shall not be released from custody until a final judgment upon such writ, or until a bond, with sufficient sureties, in a reasonable sum, as ordered and approved by the State Court, is given ; and if the offense is not so bailable, until a final judg- ment upon the writ of error. — (Sec. 1017, Hev. Stat. U. S.) Cases on "writs of error to have precedence. — Cases on writ of error, to revise the judgment of a State court in any criminal case, shall have precedence, on the docket of the Supreme Court, of all cases to which the Government of the United States is not a United States Courts. " 9 party, excepting only such cases as the court, in its discretion, may decide to be of public importance. — {Sec. 710, Rev. Stat. U.S.^ 2. Of tlie Circuit Cowts. On -writs of error to District Courts. — The Circuit Courts of each judicial district shall have jurisdiction of writs of error in all criminal cases tried before the district court where the sentence is imprisonment or fine and imprisonment, or where, if fine only, the fine shall exceed the sum of three hundred dollars ; and in such case a respondent feeling himself aggrieved by a decision of a district court, may except to the opinion of the court, and tender his bill of exceptions, which shall be settled and allowed according to the truth, and signed by the judge, and it shall be a part of the record of the case. Decisions. — ^Vllere the bill of exceptions does not show any exceptions taken in the court below to the indictment, and the petition for the writ of error shows that it was applied for solely on the questions raised by the bill of exceptions, no question as to sufficiency of the indictment can be I'aised on the writ. Brand vs. U. S. IS Blatch. 384. The writ of error to the District Court is not a writ of right. Mackin vs. U. S. 23 Fed. Rep'r, 334. When and how writs to be presented. — Sec. 2. Within one year next after the end of the term at which such sentence shall be pronounced, and not after, the respondent may petition for a writ or error from the judgment of the aistrict court in the cases named in the preceding section, which petition shall be presented to the circuit judge or circuit justice in term or vacation, who, in consideration of the importance and difficulty of the questions presented in the record, may allow such writ of error, and may order that such writ shall operate as a stay of proceedings under the sentence ; but the allowance of such writ shall not so oj^erate without such order. Bond to be required. — The judge or justice allowing such writ of error shall take a bond with sufficient sureties that the same shall be ju'osecuted to effect, and that the respondent shall abide the judgment of the circuit court thereon. Bail in case of stay of proceeding's — And if the writ shall be allowed to operate as a stay of proceedings under the sentence, bail may in like manner be taken for the appearance of the re- spondent at the term of the circuit court to which such writ of error shall be returnable, and that he will not depart without leave of Court. 10 Criminal Proceduke of When -writ of error to be returnable. — Sec. 3. Such writ of error so allowed shall be returnable to the next regular term of the circuit court for the district, and shall be served on the dis- trict attorney of the United States for such district. Court may advance writ for speedy trial. — The circuit court may advance all such writs of error on its dockets in order that speedy justice may be done. Proceeding's in case of affirmance and of reversal — And in case of an afiirmance of the judgment of the district court, the circuit court shall proceed to pronounce final sentence and to award ex- ecution thereon ; but if such judgment shall be reversed, the cir- cuit court may proceed with the trial of said cause de novo^ or re- mand the same to the district court for further proceedings. i^Act of March 3, 1879, 20 Stat. L. 354 ; 1 Sup. Rev. Stat. 451.) Of cases removed from State courts on petition — Civil rights cases. — When any civil suit or criminal prosecution is com- menced in any State court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribu- nals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law pro- vidino- for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction of the United States, or against any officer, civil or military, or other person, for any arrest or imprisonment (5r other trespasses or wrongs, made or committed by virtue of or under color of authority derived from any law providing for equal rights as aforesaid, or for refusing to do any act on the ground that it would be inconsistent with such law, such suit or prosecution may, upon the petition of such de- fendant, filed in said State court at any time before the trial or final hearing of the cause, stating the facts and verified by oath, be removed, for trial, into the next circuit court to be held in the district where it is pending. Upon the filing of such petition all further proceedings in the State courts shall cease, and shall not be resumed except as hereinafter provided. But all bail and other security given in such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judg- ment and execution in the State court. It shall be the duty of the clerk of the State court to furnish such defendant, petition- ino- for a removal, copies of said process against him, and of all pleadings, depositions, testimony and other i^roceedings in the case. If such copies are filed by said petitioner in the circuit court United States Coukts. 11 on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by original proc- ess, and if the said clerk refuses or neglects to furnish such copies, the petitioner may thereupon docket the case in the circuit court, and the said court shall then have jurisdiction therein, and may, upon proof of such refusal or neglect of said clerk, and upon rea- sonable notice to the plaintiff, require the plaintiff to file a dec- laration, petition or complaint in the cause ; and, in case of Lis default, may order a nonsuit and dismiss the case at the costs of the plaintiff, and such dismissal shall be a bar to any futher suit touching the matter in controversy. But if, without such refusal or neglect of said clerk to furnish such copies and proof thereof, the petitioner for removal fails to file copies in the circuit court, as herein provided, a certificate, under the seal of the circuit court, stating such failure, shall be given, and upon the production there- of in said State court, the cause shall proceed tlierein as if no petition for a removal had been filed. {Sec. 641 ; Hev. Stat. U. S.) Decisions. — See generally, Com, vs. Artman, 3 Gratt. 436 ; People vs. Murray, 5 Parker Cr. C. 577; Strauder vs. West Virginia, 100 U. S. 303; Bushus. Kentucky, lOT U. S. 110. Virginia vs. Elves, 100 U. S. 313 ; Texas vs. Gaines, 2 Woods, 342; Neal vs. Delaware, 103 U. S. 370. Habeas corpus to issue "when petitioner is in actual custody of State court. — When all the acts necessary for the removal of any suit or prosecution, as provided in the preceding section, have been performed, and the defendant petitioning for such removal is in actual custody on process issued by said State court, it shall be the duty of the clerk of said circuit court to issue a writ of habeas corpus cum causa, and of the marshal, by virtue of said writ, to take the body of the defendant into his custody, to be dealt with in said circuit court according to law and the orders of said court, or, in vacation, of any judge thereof, and the marshal shall file with or deliver to the clerk of said State court a duplicate copy of said writ. (^Sec. 642 Rev. Stat. U. S.') Decisions. — The writ may issue for the purpose of securing jurisdiction in the circuit court. It must be allowed by the judge before it can issue. In re Wells, 3 Woods, 128. Removal of cases against revenue oflQcers and persons acting" under elective franchise laws. — When any civil suit or criminal pro- secution is commenced in any court of a State against any officer appointed under or acting by authority of any revenue law of the United States now or hereafter enacted, or against any person 12 Criminal Prockduke of acting under or by autlioritv of any such officer, on account of any act done under color of his office, or of any such hiw, or on account of any right, title, or authority, claimed by such officer or other person under any such law; oris commenced against any j)erson holding property or estate by title derived from any such officer, and affects the validity of any such revenue law : or is com- menced against any officer of the United States, or other person on account of any act done under the provisions of Title xxvi, " The Elective FrxInchise," or on account of any riglit, title or authority claimed by such officer or other person under any of the said provisions, the said suit or prosecution may, at any time, be- fore the trial or final hearing thereof, be removed for trial into the circuit court next to be holden in the district where the same is pending, upon the petition of such defendant to said circuit court, and in the following manner : Manner of proceeding-. — Said petition shall set forth the nature of the suit or prosecution, and be verified by affidavit, and to- gether with a certificate signed by an attorney or counsellor at law of some court of record of the State, where such suit or prosecu- tion is commenced, or of the United States, stating that, as counsel for the j^etitioner, he has examined the proceedings against him, and carefully inquired into all the matters set forth in the petition, and that he believes them to be true, shall be presented to the said circuit court, if in session, or if it be not, to the clerk thereof at his office, and shall be filed in said office. The cause shall thereuj^on be entered on the docket of the circuit court, and shall proceed as a cause originally commenced in that court ; but all bail and other security given upon such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. Certiorari to issue when.— When the suit is commenced in the State court by summons, subpoena, petition, or other process ex- cept capias, the clerk of the circuit court shall issue a writ of certiorari to the State court, requiring it to send to the circuit court the record and proceedings in the cause. Habeas corpus cum causa to issue when proceeding- is com- menced by capias.— When it is commenced by capias, or by any other similar form of proceeding by which a personal arrest is ordered, he shall issue a writ of habeas cojyus cum causa, a dupli- cate of which shall be delivered to the clerk of the State court, or left at his office, by the marshal of the district, or his deputy, or United States Courts. 13 by some person duly authorized thereto ; and thereupon it shall be the duty of the State court to stay all further proceedings in the cause, and the suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be held to be removed to the circuit court, and any' further proceedings, trial, or judgment therein, in the State court sliall be void. And if the defendant in the suit or prosecution be in actual custody on mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpus cum c.aiisa, to take the l)ody of the defendant in- to his custody, to be dealt with in the cause according to law and the order of the circuit court, or, in vacation, of any judge thereof ; and if, upon the removal of such suit or prosecution, it is made to appear to the circuit court that no copy of the record and proceed- ings therein in the State court can be obtained, the circuit court may allow and require the plaintiff to proceed de novo, and to file a declaration of his cause of action, and the parties may there- upon proceed as in actions originally brought in said circuit court. On failure of the plaintiff so to proceed, judgment of non prose- quitur may be rendered against him, with costs for defendant. Sec. 643, Bev. Stat. U. S. Decisions. — As to when prosecution is deemed removed see Teiin. vs. Davis, 100 U. S. 257; Georgia vs. O'Grady, 3 Woods, 496; State vs. Port, 3 Fed. Rep'r, 121; 4 "Woods, 513; State vs. Bolton, 11 Fed. Rep'r, 217. As to what prosecutions may be removed see Findley vs. Satterfield, 3 Woods, 504; Tenable vs. Richards, 1 Hughes 326; Bencliley i;.s. Gilbert, 8 Blatch. 147; State vs. Hoskins. 77 X. C. 530; Com. r.s_ Casey, 94 Mass. 214. A criminal case removed to the circuit court must be determined by the law of the State. Georgia rs. O'Grady, 3 Woods, 469; Tenn. rs. Davis, 100 U. S. 257; See generally State vs. Fletcher, 22 Fed. Eep'r, 776. COMMOX LAW JURISDICTION IX CIVIL RIGHTS CASES. Circuit and district courts to exercise Common Lawjurisdic- tion in certain cases to protect persons in their civil rights. — The jurisdiction in civil and criminal matters conferred on the district and circuit courts by the provisions of this Title (XITL — The Judi. ciary) and of title " Civil Rights," and of title" Crimes," for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect ; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish of- fenses against law, the common law, as modified and changed by 14 Criminal Procedure of the constitution and statutes of the State wherein the court hav- ing jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with tlie Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty. Revised Statutes, U. S., Sec. 722.) SUMMARY TRIALS FOR OFFENSES AGAINST NAVIGATION LAWS. "When summary trials may be had.— Whenever a complaint shall be made against any master, officer or seaman of any vessel belonging, in whole or in part, to any citizen of the United States, of the commission of any offense, not capital or otherwise infam- ous, against any law of the United States made for the protection of persons or proj^erty engaged in commerce or navigation, it shall be the duty of the district attorney to investigate the same, and the general nature thereof, and, if in his opinion, the case is such as should be summarily tried, he shall report the same to the dis- trict judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court, either in term-time or vacation. — (^Revised Statutes U .S., Sec. 4300) Complaint and answer.— At the summary trial of offenses against the laws for the protection of persons or property engaged in commerce or navigation, it shall not be necessary that the ac- cused shall have been previously indicted, but a statement of com- plaint, verified by oath in writing, shall be presented to the court, setting out the offense in such manner as clearly to apprise the ac- cused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counter-statement. The trial shall thereupon be pro- ceeded with in a summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be iipon the complaint and plea of not guilty. — (^Revised Statutes U. S. Sec. 4301.) Amendments and adjournments.— It shall be lawful for the court to allow the district attorney to amend his statement of com- plaint at any stage of the proceedings, before verdict, if, in the United States Courts. 15 opinion of the court, such amendment will work no injustice to the accused ; and if it appears to the court that the accused is un- prepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjournment shall be made, until a further day, to be fixed by the court. — Re- vised Statutes U. S. Sec. 4302. Challenges to jurors.— At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers. (^Revised Statutes U. S. Sec. 4303.) Limit of sentences.— It shall not be lawful for the court to sen- tence any person convicted in such trial to any greater punish- ment than imprisonment in jail for one year, or to a fine exceeding five hundred dollars, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine. — (^Revised Statutes U. S. Sec. 4304. Penalties, etc., under navigation la-ws, ho-w prosecuted, etc. All the penalties and forfeitures which may be incurred for of- fenses against this Title ma,y be sued for, prosecuted, and recov- ered in such court, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties, except when otherwise expressly prescribed. (Revised Statutes U. S. Sec. 4305.) MONTHLY ADJOURNMENTS FOR TRIAL OF CRIMINAL CAUSES. District courts shall hold montldy adjournments of their regular terms, for the trial of their criminal causes, when their business requires it to be done, iii order to prevent undue expenses and delays in such cases. — {Sec. 578 Rev. Stat. U. S.) SPECIAL SESSIONS FOR TRIAL CF CRIMINAL CAUSES. Any circuit court may, at its owui discretion, or at the discre- tion of the supreme court, hold special sessions for the trial of criminal causes. — (Sec. 661 Rev. Stat. U. S.) Decisions. — The order for special session must be made during the regular Ses- sion of the Court. U. S. vs. Williams, 4 Cranch. C. C. 372. The circuit court when holding a special session may exercise its general jurisdiction over all criminal cases arising within the district at the time of holding the session. U. S. ts. Williams, 4 Cranch. C. C. 379. But no cause can be tried at a special session which was pending at the last stated session. U. S. vs. Hamilton, 3 Dall. 17; U. S. vs. Insurgents, 3 Dall. 513; U. S. vs. Cornell, 2 Mason, 91; U. S. vs. Milburn, 4 Cranch. C. C. 552. 16 United States Courts. Special sessions for trials near the place of the offense. — The supreme court, or when th;it court is not sitting, any circuit justice or circuit judge, together witli the judge of the proper district, may direct special sessions of a circuit court to be hekl for the trial of criminal causes, at any convenient place within the district nearer to the place where the offences are said to be com- mitted than the place appointed by law for the stated sessions. The clerk of such court shall, at least thirty days before the com- mencement of such special session, cause the time and place for holding it to be notified for at least three weeks consecutively in one or more of the newspapers published nearest to the place where it is to be held. All process, writs and recognizances respecting juries, witnesses, bail, or otherwise, which relate to the cases to be tried at such special session, shall be considered as belonging to such sessions in the same manner as if they had been issued or taken in reference thereto. Any such session may be adjourned from time to time, to any time previous to the next Stated term of the court ; and all business depending for trial at any special session shall, at the close thereof, be considered as removed to the next stated tevm.— (Sec. 662 Bev. Stat. U. S.) Decisions. — This section authorizes the judge out of term to order a special ses- sion. IT. S. vs. Williams, 4 Cranch. C. C. 372. An indictment found at a regular stated session can not be tried at a special session. U. S. vs. Cornell, 2 Mason, 91. SPECIAL PROVISIONS AFFECTING JUKISDICTION OF U. S. COUETS IN DIFFERENT STATES. Crimes to be Prosecuted in division of district where commit- ted. — Georgia. — Prosecutions for crimes or offences hereafter committed in either of the subdivisions, shall be cognizable within such division.— (^c?^ of Jan. 29. 1880, Sec. 5, 21 Stat. L. 62; 1 Su]}. li. S. 508.) Michigan. — Any person charged with violating any of the penal or criminal statutes of the United States, of which the said circuit or district courts have jurisdiction, shall be proceeded against by indictment or otherwise, within the division of said district where the alleged offense or offenses shall be committed, and shall have his. or her trial at a term of the said court held in said division, unless for cause shown, the judge shall otherwise direct. Juries for both courts, etc.— how drawn, etc. — And one grand and one petit jury only shall be summoned, and serve in both said Ckiminal Pkoceuuee op 17 couits at each term thereof. Aud jurors shall be selected and drawn from the division of said district in which they reside and in which the terms of the said circuit and district courts to which they are summoned are held. — (^Act of June 19, 1878, Sec. 6, 20. jStat. L.llo;! Sup. R. S. 37G.) Crimes cog-nizable in division where cominitted. Jurors. — jMissouri. — All offences hereafter committetl Avithin either of said divisions shall be cognizable and indictable within the divi- sion where connnitted ; and all grand and petit jurors summoned for service in each division shall be inhabitants tliereof. — (Act of Jan. 21, 1879, Sec. 2, 20 Stat. L. 263 ; 1 Sup. R. S. 392.) Offences ; where tried.— Ohio — NoRTHEEN DISTRICT. — All of- fenses committed in either of the subdivisions shall be cognizable and indictable within said division. — {Act of June 8, 1878, Sec, 4. 20 Stat L. 101, 1 Sup. R. S. 338.) Ohio — Southern district. — Prosecutions for crimes or offenses hereafter committed in either of the subdivisions shall be coo^niz- able within such division {Act of Feb. 4, 1880, Sec. 5, 21 Stat. L. 63 ; 1 Sup. R. S. 508) Jurors.— All grand and petit jurors summoned for service in each division shall be residents of such division. (^Idem^ sec. 7) Prosecutions where cog-nizable. — Tennessee-Easteen dis- trict. — All prosecutions for crimes or offenses hereafter committed in either of the subdivisions shall be cognizable within such divi- sion. (Act. of June 11, 1880. Sec. 6, 21 Stat. L. 751. 1 Sup. R. S. 548.) Jurors. — All grand and petit jurors summoned for service in each division shall be residents of such divison. — (^Idem,, sec. 7.) Texas. — and all prosecutions in either of said districts for of- fenses against the laws of the United States shall be tried in that division of the district to which process for the county in which .said offences are committed is by said section * required to be returned. And all writs and recognizances in said prosecutions shall be returned to that division in which said prosecutions by this act are to be tried.— (Act. of June 14, 1880. 21 Stat. L. 198. 1 Sup. R. S. 559.) See Sec. 5 Act Fcby 24, 1879. 20 Stat. L. 318. 18 United States Coubts. CHAPTER 11. Limitation. Capital Offenses. — No person shall be prosecuted, tried, or punished for treason or other capital offense, willful murder except- ed, unless the indictment is found within three years next after such treason or capital offense is done or committed (^Sec. 1043 Revised Statutes of the United States.') Offenses not Capital. — No person shall be prosecuted, tried, or punished for any offense, not capital, except as provided in section one thousand and forty six, unless the indictment is found, or the information is instituted within three years next after such of- fense shall have been committed. (^Sec. 1044 Rev. Stat. U. S.) Decisions. — This section applies to statutes passed since its adoption. Adams vs. Woods, 2 Cranch. 336; XJ. S. vs. Mayo, 1 Gall. 397; U. y. vs. Brown, 2 Low. 2GT; Jolmson vs U. S., 3 McLean, 89; U. S. vs. Ballard, 3 McLean, 4C9; IT. S. vs. Shorey, 9 Int. Rev. Rec. 202; U. S. vs. Dustin, 15 Int. Rev. Rec. 30. The statute runs from the date of offense to the finding of the indictment or filing of informa- tion on which defendant is tried — even though a prior indictment may have been found within the three years and nol. 2^ros. entered. IT. S. vs. Ballard, 3 McLean, 169. The indictment may set forth the true time of the commission of the offense and state the facts which show that the defendant cannot avail himself of the limi- tation. U. S. vs. Watkins, 3 Cranch. C. C. 441 ; U. S. vs. White, 5 Cranch. C. C. 368. Or the offense may be laid within the limitation, and if proved to have been committed beyond the time, the government may prove that the defendant fled within the three years after committing the offense. U. S. vs. Watldns, 3 Cranch. C. C. 441; U. S. vs. White, 5 Cranch. C. C. 3G8. The fact that the goverment did not know the defendant to be the person who committed the crime does not pre- vent the running of the statute (U. S. vs. White, 5 Cranch. C. C. 368), and even tbough the crime was committed on the high seas and defendant did not return till the tliree years bad expired. U. S. vs. Brown, 2 Low. 207. The statute may be taken advantage of under the plea of not guilty. U. S. vs. Cook, 17 Wall. 168; U. S. vs. Wliite, 5 Cranch. C. C. 368; U. S. vs. Brown, 3 Low. 267; Parsons v. Him- ter, 2 Sum, 419; U. S. vs. Cook, 17 Wall. 168; U. S. vs. Watkins, 3 Cranch. C.C. 341; U. S. vs. Smitli, 4 Day 121. Whetlier the defense can be set up by demurrer or by motion in arrest of judgment. See U. S. vs. White, 5 Cranch. C. C. .38; U. S. vs. Cook, 17 Wall. 168; U. S. vs. Watkins, 3 Cranch. C. C. 441; U. S. vs. White, 5 Cranch. C. C. 368; U. S. vs. White, .5 Cranch. C. C. 73. An indictment for con- spiracy to commit an offense under tlie revenue laws is covered by this section- U. S. vs. Hiscsh, 100 U. S., 33; U. S. vs. Blunt, 7 C. L. N. 2.58, Contra, U. S. vs. Fehrenback, 2 Woods 175; U. S. vs. Duston, 15 I. R. R. 30. Where a pensioner Criminal Procedure of 19 made a demand on his agent for liis pension more than three years hefore prosecu- tion for withholding it was commenced, this section was held to be a bar. U. S. vs. Irvine, 98 U. S. 4.j0. Where a person fraudulently procures his name to be entered on the pension roll, he commits the offense every time he claims his pension. U. S. vs. Coggin, 3 Fed. Kep'r. 492; S. C. 12 C. L. N. 391. Fleeing from Justice.— Nothing in the two preceeding sections shall extend to any f)erson fleeing from justice. (Sec. 1045 .Rev. Stat. U. S.) Decisions. — Leaving one's home or abode to avoid detection or punishment for some offense against the United States is fleeing from justice. U. 8. vs. O'Brien, 3 Dill. 381. The fleeing need not be to avoid process. U. S. vs. White, .5 Cranch. C. C. 38; U. S. vs. White,, 5 Cranch. C. C 116. Secretly concealing one's self within the State or District to avoid detection or pimishment for an offense against the United States may constitute a fleeing from justice, U. S. vs. O'Brien, 3 Dill. 381; U. S. vs. White, 5 Cranch. C. C. 38. Crimes under the revenue la\ys. — No person shall be prosecuted, tried, or punished for any crime arising under the revenue laws, or the slave trade laws of the United States, unless the indictment is found or the information is instituted within five years next after the committing of such crime. (^Sec. 1046 Hev. Stat. U. /S'.) See Under Internal Revenue Laws. Decisions. — This section applies only to special acts violating laws made to pro- tect the revenue, and not to acts violating laws which by indirect operation may conduce to the public wealth. U. S. vs. Hirsch, 100 U. S. 33; U. S- v^. Norton, 91 U. S. 566; U. S. vs. Mayo, 1 Gall. 377. If a statute provides that an offense shall be punished by fine or imprisonment, or both at the discretion of tlie court, it creates a crime, as contradistinguished from mere penal offenses or forfeitures. U. S. vs. Shorey, 9 I. E. R. 202; McGlinchy vs. U. S., -4 Cliff. 312. Under Customs revenue laws. — No suit or action to recover any pecuniary penalty or forfeiture of property accruing under the customs revenue laws of tlie United States shall be instituted unless such suit or action shall be commenced within three years after the time when such penalty or forfeiture shall have accrued: Provided. That the time of the absence from the United States of the person subject to such penalty or forfeiture, or of any conceal- ment or absence of the property, shall not be reckoned within this period of limitation. (Act. of June 22, 1874, Sec. 22. 18 Stat. L. 190.) Decisions. — Offenses against the customs laws are: 1. Crimes punishable as such by fine and imprisonment. 2. Forfeitures carried into effect l:»y siezure, condemna- tion and sale of specific property. 3. Pecuniary penalties recoverable by action. In re, Lansburg, 11 Int. Rev. Rec. 150. 20 United States Courts. Under internal revenue laws.— Xo person shall be prosecuted, tried or i^nnished for any of the various offenses arising under the internal revenue laws of the United States unless the indictment is found or tlie information instituted within three years next after the commission of the offense, in all cases where the penalty prescribed may be imprisonment in the penitentiar}^, and w^ithin two years in all other cases : Provided, that the time during which the person commiting the offense is absent from the district wherein the same is committed shall not be taken as any part of the time limited by law for the commencement of such j^roceed- ings ; Provided further, that the provisions of this act shall not apply to offenses committed prior to its passage . and provided, further, that where a complaint shall be instituted before a com- missioner of the United States within the period above limited, the time shall be extended until the discharge of the grand jury at the next session within the district: And provided further, ihiit this act shall not apply to offenses committed by officers of the United States ; all laws and parts of laws in conflict with this act are hereby repealed. (^Act of July 5, 1884, 23 Stat. L. 122.) Penalties and forfeitures under laws of U. S, — No suit or pros- ecution for any penalty or forfeiture, pecuniary or otherwise, ac- cruing under the laws of the United States, shall be maintained, except in cases where it is otherwise specially provided, unless the same is commenced within five years from the time when the penalty or forfeiture accrued : Provided, that the person of the of- fender, or the property liable for such penalty or forfeiture, shall within the same period, be found within the United States ; so that the proper process therefor may be instituted and served against such person or property. {Sec. 1047 Rev. Stat. U. S.) Decisions. The word penalty, as used in this section means a fixed pecuniary mulct incurred by the violation of some law. In re, Adolph Landsberg, 11 Int. Rev. 150. This section does not apply to criminal prosecutions where the penalty may be death or imprisonment. U. S. v. Bro^\Ti, 2 Lowell, 267; It applies to actions of debt, informations and indictments to recover penalties. Adams vs. Woods, 2 Cranch, 3o6; and to actions in rem. Hatch vs. The Boston, 3 Fed. Rep'r, 807. It does not apply to an action to recover the penalty of a bond. Eaymond vs. United States, 14 Blatch, .51. Wliere a right of action is secured to the United States by an Act of Congress the statute does .not bar. Perkins v. The United States, 4 Cliff, 312, McGlinchy r.s. United States, 4 Cliff. 321. The statute applies to suits for the recovery of fines, penalties and forfeitures accruing under the laws of the United States, whether accruing to the United States or not. U. S. vs. Maillard, 4 Ben. 459. A right of action secured to the United States by an Act of Congress cannot be barred by a State statute of limitations. McGlinchy vs. U. S. 4 Cliff. 312; Perkins vs. U. S. 4Cnff. 321. United States Courts. 21 Parties beyond reach of process during the rebellion, — In all cases wliere, dining the late rebellion, any person could not, by reason of resistance to the execution of the laws of the United States, or of the interruption of the ordinary course of judicial proceedings, be served with process for the commencement of any action, civil or criminal, whicli had accrued against him, the time during which such person was beyond the reach of legal process shall not be taken as any part of the time Ihnited by law for the commencement of such action. (/S'ec. 1048 Rev. Stat. U. S.) Decisions. — This section does not apply as between persons who resided in tlie Confederate States. Lockhart vs. Horn, Woods, 569. The suspension of the statute ceased a reasonable time after the restoration of peace. U. S. vs. Muhlen- brink, 1 Woods, 569. 22 Criminal Pbocedubje of CHAPTER III. COMMENCEMENT OF PROCEEDINGS. TJie Prosecuto7'. Duty of District Attorney to prosecute,— It shall be the duty or every district attorney to prosecute, in his district, all delin- quents for crimes and offenses cognizable under the authority of the United States * * * QSee. 771 Rev. Stat. U. S.) Becmons.— The district attorney is specially charged with the prosecution of all delinquents for crimes and offenses against the United States. Levy Court vs. Ring- gold, 5 Pet. 451; S. C. 2 Cranch. C. C. 659. And the Federal Courts cannot recog- nize a prosecution as legally before them unless instituted and prosecuted by the district attorney. U. S. vs. McAvoy, 4 Blatch, 418. U. S. vs. Doughty, 7 Blatch, 424, It is his duty to appear in proceedings for contempt to vindicate the authority of the United States. Riggs vs. Supervisors, Wool. 377. The District Attorney has no power to bind the United States by a contract for immunity of accomplice for testi- fying against his associates. U. S. vs. Ford, 99 U- S. 594; U. S. vs. Lee, 4 McLean 103. See U. S. vs. Roelle, 24 Int. Rev. Rec. 332 ; 6 Rep'r, .5.50. District Attorney has no power to direct marshal not to execute a warrant. U. S. vs. Scroggins, 3 Woods, 529 ; he cannot dismiss a proceeding pending before a Commissioner. U. S. vs. Schumann, 2 Abb. C. C. 523. Duty of Collectors to report violations of revenue law to dis- trict attorney. — It shall be the duty of every collector of internal revenue to report within ten days to the district attorney of the district in which any fine, penalty or forfeiture may be incurred for the violation of any law of the United States relating to the revenue, a statement of all the facts and circumstances of the case within his knowledge, together with the names of the witnesses, and which may come to his knowledge from time to time, stating the provisions of the law believed to be violated, and on which a reliance may be had for condemnation or conviction ; and if any collector shall in any case fail to report to the proper district at- torney as prescribed in this section, his right to any compensation, benefit, or allowance in such case shall be forfeited to the United States, and the same may, in the discretion of the Secretary of the Treasury, be awarded to such persons as may make complaint and United States Courts. 23 prosecute the same to judgment oi' conviction, QSec. 3164 Rev. Stat. U.S.) Note. — Sec. 3084 Eev. Stat. U. S. makes similar provisions as to tlie duty of collectors of customs. Duty of district attorney to prosecute cases reported by Col- lectors. — It shall be the duty of every district attorney to whom any collector of customs or of internal revenue, shall report, accord- ing to law, any case in which any fine, penalty or forfeiture has been incurred in the district of such attorney for a violation of any law of the United States relating to the revenue, to cause the proper proceedings to be commenced and prosecuted without delay, for the fines penalties and forfeitures in such case provided, unless, up- on inquiry and examination, he shall decide that such proceedings cannot probably be sustained, or that the ends of public justice do not require that such proceedings should be instituted; in which case he shall report the fact in customs cases to the Secretary of the Treasury, and in internal revenue cases to the Commissioner of Internal Revenue for their direction.** (^Sec. 838 Rev. Stat. U. S.) THE MAGISTRATE. Offenses ag-ainst the United Statos : — before ■whom, and how prosecuted. — For any crime against the United States, the of- fender may, by any justice or judge of the United States, or by any commissioner of a circuit court to take bail, or by any chan- cellor, judge of a supreme or superior court, chief or first judge of common pleas, mayor of a city, justice of the peace, or other magis- trate, of any State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bail- ed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. {Sec. 1014 ^ev. Stat. V. S. ) THE UNITED STATES COMMISSIONERS. Dnclsions. — Allhough tlie power conferred by this section is common to any judge or justice of the peace (Bagiiall vs. Ahleman, 4 Wis. 10:] ; IJ. S. Ex parte, 2G Ala. 150), tlie Commissioners of the Circuit Courts to take bail, commonly called United States Commissioners, are the officers before wliom criminal proceedings for offenses against the United States are most commonly instituted; and in such proceedings they liave like powers with State magistrates, Ex parte Kaiiie, 10 K Y. Leg. Obs. 2.>7. Powers and duties. — The commissioner is an examining and committing niagis- 24 Criminal Procedure of trato, bound to hear all complaints of the United States in his district, to canse the olTender to be arrested, to examine into the matter charged, to summon witnesses for the govcnnnent and for the accused; and to commit for trial or to discharge from arrest according as the evidence tends or fails to support the accusation. U. S. vs. Martin, 17 Fed. Eep. 150. For the faithful discharge of his duty in these particulars he alone is accountable. He has no divided responsibility with any other othcer of the government; nor is he subject to any other's control ; the district attorney may appear to attend to the presentation of evidence, as counsel for the govern- ment, but he cannot dismiss the proceedings. U. S. vs. Schumann, 2 Abb. C. C. 523. The commissioner is not an officer of the court, and the court appointing him does not thereby acquire a right to supervise his proceedings as an otficer. Ex parte John Van Orden, 3 Blatch. IGO; Be Macdonuell, 11 Blatch, 170; IS Int. Rev. Hec. 11. THE COMPLAINT. Before the commissioner can properly issue his warrant, there must first be a complaint supported by oath or affirmation showing probable cause. A certified copy of an information filed for an offense against the United States, without copies of some oath or affirmation to facts showing probable cause to believe the defendant guilty, does not authorize issuing a warrant of arrest. U. S. vs. Shephard, 1 Abb. U. S. Eep. 431. The commissioner may issue warrant upon an affidavit made before another magistrate, but before doing so should satisfy himself beyond a rea- sonable doubt as to its verity. 1 Burr's Trial, 97. ON WHOSE COMPLAINT A WARRANT MAY ISSUE. The commissioner may issue his warrant whenever a complaint on oath is made before him by any person having personal knowledge of the fact that an offense has been committed against the United States (U. S. vs. Skinner, 2 Wheel Cr. Cas. 232; U. S. vs. Mackenzie 1 X. Y. Leg. Obs. 227; U. S. vs. Burr 2 Wheel, Cr. Cas. 573. Mere belief of affiant is not sufficient, U. S. vs. Tureand, 20 Fed. Rep. 621. Approval of the District Attorney. A magistrate is not generally boiuid to investigate charges which have been made known to the district attorney and which he declines to prosecute. U. S. vs. Mackenzie, 1 N. Y. Leg. Obs. 227; and although it is not necessary when complaint is made on oath to the commissioner that an offense lias been committed, that the sanction of the district attorney should be obtained before warrant issues (U. S. v. Skinner, 2 Wlieel Cr. Cas. 232.) yet, as the law imposes upon the district attorney tlie duty of prosecuting in his district all delin- quents for offenses and crimes against the United States, and of determining what violations of law should be criminally prosecuted ; it is the proper proceeding of the commissioner, where practicable, before issuing his warrant to submit the com- plaint to the district attorney for his determination as to whether or not the ends of public justice require that the case should be criminally prosecuted. Technical cases. — The Commissioner of Internal Revenue has from time to time cautioned the revenue officers to exercise the utmost degree of care in instituting criminal proceedings, and in a circular letter addressed to the collectors, instructs them as follows : CKUriNAL PROSECLTIONS NOT TO BE INSTITUTED FOR TECHNICAL VIOLATIONS OF LAW. Before reporting a case to the district attorney for prosecution, the collector should carefully examine into the same, with a view of giving him such definite in- formation in regard to it as will enable him to determine the question of the pro- United States Courts. 25 priety of commencing proceedings. It is not the wish of this office that trivial cases, or cases of a mere teclinical character involving no loss to the government, and wliere no fraud has been committed or intended, should be dignified by being brought into court. On the other hand, where persons have knowingly and will- fully violated the law with the evident intention of defrauding the government of its revenues, vigorous measures should be taken to bring the parties to trial and punishment. — (Circular Letter of April 25, 1878. ) To pi'ovide against the institution of i)rosecutions for technical and trivial violations of law the Attorney General of the United States has jDrepared a form of an " Order of Court " and requested the circuit court judges of the various districts to have the same entered upon the journals of their courts. Most, if not all of the circuit courts of the United States have adopted the order in a more or less modified form, and as its i^rovisions are a safe guide for all U. S. Commissioners, the order, as prepared by the Attorney General is here given in full. — GENERAL ORDEK OP COTXKT GOVERNING THE CONDUCT OF CRIMINAL PROCEED- INGS BY U. S. COMMISSIONERS. 1st. It is hereby ordered by the court, that hereafter no warrant shall be issued by a U. S. Commissioner for the arrest of a person charged with having violated any of the revenue laws of the United States upon the complaint of an unofficial person or of a deputy marshal, unless the Collector of Customs or of Internal Revenue, or a deputy Collector, or a Treasury or Revenue Agent, or the District Attorney, or one of their assistants, shall have made and attached an affidavit to such complaint, setting forth that the affiant has carefully inquired into the alleged offense, that it is such an offense as should be prosecuted, and, in his opinion there is probable cause for the arrest of the accused and that he requests that a Avarrant for the arrest of the accused be issued. Warrant to be made returnable before Commissioner nearest the resi- dence of the accused. — 2nd. It is further ordered, that whenever a warrant shall be issued by a Commissioner for the arrest of any person it shall be made return- able before him, provided he be the commissioner nearest or most convenient to the residence of the accused. If he is not, then he shall retain a copy of the affidavit on which the warrant is issued and make the warrant, accompanied by the original affidavit, returnable before a commissioner having an office and act- ing nearest to the residence of the accused ; and such commissioner shall make the examination of the party, and discharge, commit to prison, or admit to bail, as the case may be. Commissioner's Docket. — .3rd. It is further ordered by the court, that each commissioner shall keep a well bound book as a docket, in which he shall enter, on the day the transactions occur, the issuing of each warrant, upon whose com- plaint and request the same was issued, the natm-e of the offense, and the officer to whom the warrant was delivered for service, together with the proceedings had under said warrant: there shall be entered the names of the witnesses present and examined, and their fees, the name of the guard, if any, and his fees, together with the marshal's or deputy marshal's fees; and all of said fees, together with mileage and expenses allowed by law, and a statement of the commissioner's own fees, shall be properly entered upon the warrant when returned to the commissioner. After the close of such examination the commissioner shall forward to the Clerk of the U. S. District Court for the proper district all the papers in the case, with a proper transcript of the proceedings, in which he shall schedule the paj^ers forwarded. Monthly reports. — 1th. It it further ordered by the court, that at the end of each month, or within five days thereafter, each commissioner shall make out and 26 Criminal Proceduke of forward to the Clerk of tlie U. S. District Court for the proper district a report of all cases instituted or examined during tlie mouth, and a separate report of internal revenue cases instituted or examined, for the Commissioner of Internal Revenue. These rejwrts to be made upon such forms as shall be prescribed and furnished by the Department of Justice, and they shall give a full abstract of the proceedings in each case. 5th. It is further ordered that upon receipt of such reports by the Clerk, the proper one shall be filed in his office, and the other shall be immediately forwarded to the Commissioner of Internal Eevenue, at Washington, D. C. ; and no account of a commissioner shall be presented to a district or circuit court in his district until this order shall have been complied with. Clerks to furnish blanks. — The clerks of the various courts are instructed to furnish each of the commissioners of their respective districts with a printed copy of this order, and also with necessary copies of blank forms, which will be supplied by the Department of Justice. Said clerks are charged with the duty of bringing to the attention of the court any failure on the part of the commissioners to comply with the foregoing order. THE WAEEAXT OF AEREST. Constitutional Provision.— The right of the people to be secure ill their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. ( Constitution of the United /States, Article IV. of Amendments.^ Dfr/tsions. — By this amendment it was intended to restrict and limit the power of the government (Smith vs. The State of Maryland, IS How. 71 ; Luther vs. Borden, 7 How. 66 ; Green vs. Biddle, 8 "Wheat, 88) and to secure personal liberty such as wisdom and exiierience demonstrated to be necessary. Ex parte Milligan, 4 Wall. 2 — 120. It applies to the Federal power only, Twitchill vs. Commonwealth, 7 Wall. 321. The warrant of the commissioner should issue in the name of the United States, be directed to the marshal of his district to execute, and made returnable before himself or some other proper officer designated in the warrant ; it must state the name and general character of the offense or offenses, the name (or if that be un- known, that fact should be stated and the party described) of the party to be ar- rested, and, as near as may be, the time and place of the alleged offense, ^^.r inirte Buford, 3 Cranch, 447. It is not necessary that the offense shall have been com- mitted in the district of the commissioner issuing the warrant ; the examination is to be had in the district where the offender is found, regardless of where the offense was committed. Anon. 1 Wool. 422. If signature of magistrate to warrant is in pencil, warrant is void. U. S. vs. Thompson 2 Cranch. C. C. 409. ARREST AJiTD REMOVAL TO ANOTHER DISTRICT. It is not la-n^ul to arrest a person in one district, for an alleged offense against the laws of the United States, and remove him to another district for examination, nor can a district judge authorize such removal. The offender, upon being arrested, United States Coukts. 27 is entitled to be taken before the proper officer of tlie district in whicli the arrest is made for examination ; and if probable cause is not shown, or if (the case being bailable) he gives bail, he is entitled to be discharged. It is only after a commit- ment upon the results of such an examination, that an order (by the district judge) can be made to remove him to the district in which the trial is to be had. — U. S. vs. Shephard 1 Abb. U. S. Kep. 431 ; U. S. vs. Haskins, 3 Saw. 262 ; U. S. vs. Jacobi, 4 Am. L. T. (U. S.) 148. See generally, U. S. vs. White, 25 Fed. Eep'r, 716. A person under bail for his appearance in a State Court cannot be arrested under Federal process and removed to another district for trial in U. S. Court pending pro- ceedings in state court. In re, James, 18 Fed. Rep'r, 853. An offender indicted in one district, may be arrested in another, and a certified copy of the indictment will serve as evidence to secure his comyiitment and removal to the proper district for trial. In re Beverly Clarke, 2 Ben. 540 ; U. S. vs. Ilaskins, 3 Saw. 262 ; whether the in- dictment shows an offense may be examined into on application for the warrant of removal. Ex jjarte Buell, 3 Dill. 116; and the judge may refuse to issue the warrant if the indictment does not charge an offense triable in tiie district to which it is sought to remove the offender. Idem ; and it is his duty to refuse the warrant of re- moval in such case, or where it appears that the alleged act does not constitixte an offense against the United States. In j-e Doig. 4 Fed . Eep'r, 193; In re, Clark, 2 Ben. 540 ; on application for removal the judge may review the action of the com- mitting magistrate, and may reduce the bail. U. S. vs. Brawner, 7 Fed. Ilep'r, 87 ; Willful contempt held to be an offense against the U. S. and the offender subject to arrest and removal. U- S. vs. Jacobi, 4 Am. L. T. (U. S. ) 148 ; a certified copy of the proceedings of contempt and of the attachment are sufficient to authorize the issuance of the warrant of arrest. Idem. If defendant is held for an indictment in district of arrest he cannot be removed to another district. U. S. vs. Burr, 2 Burr's Trial 452 ; U. S. vs. Corrie, 23 Law Rep. 145 ; A seasonable time is to be allowed defendant to procure bail if not to arrange for his departure, and this after his ar- rest, examination, and fixing of the amount of bail and imprisonment for not giving it. Bagnall vs. Ableman, 4 Wis. 163. See generally, U. S. vs. Rogers, 23 Fed Eep'r, 658. Arrests without warrants.— Where any marshal or deputy- marshal of the United States within the district for which he shall be appointed shall find any person or persons in the act of operating an illicit distillery, it shall be lawful for such marshal or deputy marshal to arrest such person or persons, and take him or them forthwith before some judicial officer named in section one thousand and fourteen of the Revised Statutes, who may reside in the county of arrest, or if none, in that nearest to the place of arrest, to be dealt with according to the provisions of sections ten hundred and fourteen, ten hundred and fifteen, ten hundred and sixteen of said Revised Statutes. (Act of 3Iarch 1, 1879. Sec. 9, 20 Stat. L. 341, 1 Suj). R. S. 439.) Decision. — A police officer of a State, or a private citizen, has no authority, as such, without any warrant or military order, to arrest and detain a deserter from the army of the United States. Kurtz vs. Moffitt, 115 U. S. 4S7. Supervisor of elections may arrest without warrant, Tvlien. See Ex parte Geissler, 9 Biss. 492. 28 Criminal Procedure or THE PRELIMINARY EXAMIXATIOK. The prisoner, upon being brought before a magistrate, sliould be immediately, or as soon as the nature of the case will admit, examined and committed, bailed or discharged. The commissioner may -eommit the defendant for a fm-ther ex- amination, but it should be for a short fixed period, and not for an indefinite time. U. S. vs. "Worms, 4 Blatch., C. C. 332. Commissioners' authority derived from the Statute.— Whatever authority the commissioner nas in respect to the arresting, imprisoning, or bailing offenders is conferred by Statute and must be exercised by him pursuant to its requirements. Congress has not seen fit to prescribe a imiform mode in respect to preliminary pro- ceedings against persons accused of a violation of its criminal enactments, but in the 33d section of the Judiciary Act (See. 1014, R. S.) it is provided that the pro- cedure in such cases shall be "agreeably to the usual mode of process in such State," that is, in the State in which the offenders may be arrested and the proceed- ings had. To this section we must resort to ascertain the powers of the commis- sioners in respect to the arrest, imprisonment, and bail of offenders against the laws of the United States. " Usual mode of process " — Meaning. — The meaning of this section was very carefully considered by Mr. Justice Curtis, in The U. S. vs. Rimdlett, 2 Curtis, C. C. 41. This learned judge there says: My opinion is that it was the intention of Congress by these words " Agreeably to the usual mode of process against offenders in such State," to assimilate all proceedings for holding accused persons to answer before a court of the United States to proceedings had for similar purposes by the laws of the State where the proceedings should take place ; and as' a necessary con- sequence, that the commissioners have power to order a recognizance to be given to appear before them in those States where justices of the peace, or other examin- ing magistrates, acting under the laws of the State, have such power. The prisoner is not only to be arrested and imprisoned, but bailed, agreeably to the usual mode of process in the State. 2 Dillon, C. C. 95. In States where the magistrates have no such power the commissioners have not. U. S. r.s-. Case, 8 Blatch. 250. The condition of the recognizance to appear before the commissioner, can be shown to be broken only by calling the cognizor, at the time and place when and where he is bomad to answer, and making an entry of his default: it caimot be shown by evidence aliunde. U. S. vs. Eundlett, 2 Curtis, C. C. 41 ; Dillingham vs. U. S., 2 Wash. C. C. 422. The accused may be represented by coimsel, and his witnesses may be examined to explain what is sworn to by the witnesses for the prosecution. U. S. vs. Boll man, 1 Cr. C. C. 373; U. S. vs. White, 2 Wash. 29; but he cannot offer evidence to impeach the character of a witness for the prosecution. U. S. vs. Walker, 6 Pitts. L. J. 37. The commissioner must proceed according to the law of the State concerning committing magistrates in similar cases. U. S. vs. Martin, 17 Fed. Eep'r, 150. COMMITMENT. Evidence showing probable cause to believe that the accused is giiilty, is suf- ficient to warrant liis being committed for trial. In re Yan Campen, 2 Ben. 419; but probable cause must be shown. U. S. vs. Lumsden, 1 Bond 5; U. S. vs. Burr, 1 Burr's Trial. 11; In re Robt. M. Martin, 5 Blatch. 303. Proof of the confession of defendant that he committed the offense charged is suflScient ground to warrant commitment. U. S. vs. Bloomgart, 2 Ben, 356. A certified copy of an indictment for offense charged, if xmcontradicted, is sufficient proof of probable cause. In re United States Courts. 29 Clark, 2 Ben. 540; In re Alexander, 1 Low. 5.30; U. S. vs. Haskins, :l Sawy. 262. And if indictment has been quashed, defendant may be committed to await a new indictment. U. S. vs. To-wan-ga-ca, Hemp. 299; U. S. vs. Smith, 2 Cranch. C. C. 111. If the indictment contains inconsistent allegations and charges the commis- sion of an impossible crime, the accused will be discharged. U. S. vs. Pope, 24 Int. Ilev. Pvec. 29. The discharge of an accused by a commissioner is not final, and he is subject to be rearrested on same charge. In re Martin, 5 Blatch. 30-3. If committed by a commissioner, the accused may apply to the court to reduce his bail. Idem. Mittimus. — The warrant of commitment should show that the accused was com- mitted in default of sufficient bail upon proof of probable cause, supported by oath, or upon defendant's waiving examination, and must describe the offense for which the commitment was ordered. Ex jiarte Bennett, 2 Cranch. C. C. 612; Ex parte Thos. Williams, 4 Cranch. C. C. 343; U. S. vs. Brown, 4 Cranch. C. C 333; it must be under seal. Ex parte Sprout, 1 Ci-anch. C. C 424; Ex parte Bennett, 2 Cranch. C. C. 612 ; and if written on the back of the warrant of arrest it must refer to the of- fense charged therein or charge separately. U. S. vs. Brown, 4 Cranch. C C 333. 30 CiilMINAL PbOCEDUKK OF CHAPTER IV. BAIL. Excessive bail shall not be required nor excessive fines imposed, nor cruel or unusual punishments inflicted. (Constitution of United States, Art. viii. of Amend.) Decisions. — The article does not apply to State legislation. Pervear vs. Com. 5 Wall. 480. As to what constitutes excessive bail, see U. S. vs. Lawrence, 4 Cr. C. C. 51S. In cases not capital, "when and by whom admitted. — Bail shall be admitted upon all arrests in criminal cases where the offence is not punishable by death ; and in such cases it may be taken by any of the persons authorized by the preceding section to arrest and imprison offenders. (Sec. 1015, licv. Stat. U. S.) Decisions. — Where Government and defendant stij^ulate that the latter may depart the country for a time, without knowledge of the sureties, they are re- leased. Reese vs. U. S. 9 Wall. 13. Money cannot be taken in lieu of bail. U. S. B.s. Case, 8 B latch. 250; Meaning of ■' bail'' defined. Idem. Commissioners have the same power to take bail as magistrates have under State laws. U. S. vs. Horton's Securities, 2 Dill. 'J4. A commissioner having comitted a party to await a warrant of removal to issue, may admit him to bail at any time before issuing of the warrant by the district judge. U. S. vs. Volz, 14 Blatch. 15. A marshal may take an arrested partybefore a justice of the peace to be admitted to bail, U. S. vs. Milburn, 4 Cranch, C. C 478; but a justice of the peace has no power to admit to bail after a comitmment. U. S. vs. Faw. 1 Cranch. C. C. 486. A clerk may take the acknowledgment, and justify the obligors to the bail bond without any statutory authority, when required by the court to do so. U. S. vs. Evans, 2 Fed_ Rep. 147. A person arrested under an extradition treaty cannot be admitted to bail. In re Thos. Kane, 10 IST. T. Leg. Obs. 257. The Becofinizanre. — A recognizance must set forth an act that is made an offense under the laws of the United States, or the sureties will not be bound, TJ. S. vs. Hand, G McLean, 274; but the particul?-.rs need not be set out, as in an indictment. U. S. vs. Dennis, 1 Bond, 10.3. If a surety sign a recognizance on a day subsequent to the signing by another surety, he Is not bound unless his name appears in the body of the instrument. U. S. vs. Pickett, 1 Bond, 12.3. A recog- nizance is valid, if the magistrate certifies the acknowledgment of the parties thereto, although the latter do not sign it. Id. To save his recognizance, the ac- cused must appear on the first day of the terra U. S. vs. Hodgkin, 1 Cranch. C C United States Courts. 31 510. Quashing the indictment does not discharge recognizance. U, S. vs. White, 5 Cranch. C. C. 300; but if the defendant appears and no order is taken during the term respecting him, lie is discharged. IT. S. vs. Burr, 1 Burr's Trial, 79. An agreement to continue a case for an Indefinite period discharges the bail. Keese fs. U. S, 9 AVall. 13. Imprisonment of accused under State process will not exonerate the bail from obligation to produce him. U. S. r.s'. Van Fossen, 1 Dillon, 40G; nor will the death of the principal after default has been made. Id. Coiu-t may discharge recognizance forfeited upon accused appearing at succeed- ing term and showing good cause why conditions of recognizance were not com plied with. U. S. vs. Feely, 1 Brock. Marsh. 25-5. See U. S. vs . Duncan, 2 Pitts. 328; U. S. vs. Cookendorfer, 5 Cranch. C. C. 11.3. Forfeiture maybe remitted after judgment rendered and execution issued. U. S. vs. Duncan, 4 West C. Month. 42.5; 10 Pittsb. Leg. J. 41; or at any time during term at which forfeiture was taken. U. S. »s.Barger, 20 Fed. Rep. 500. In capital cases.— Bail may be admitted ujjon all arrests in crim- inal cases where the jiunishment may be death ; but in such cases it shall be taken only by the Supreme Court or a circuit court, or by a justice of the Supreme Court, a circuit judge, or a judge of a district court, Avho shall exercise their discretion therein, having regard to the nature and circumstance of the offense, and of the evidence, and of the usages of law. (Sec. 1016 Rev. jStat- U. S.) Decisions. — Bail may be admitted in case of indictment for treason. Burr's Trial, 310; U. S. t's. Hamilton, 3 Dall. 17. U. S. vs. Stewart, 2 Dall. 343. In cases removed, by v^rit of error from State courts. — When a writ of error is issued for the revision of the judgment of a State court, in any criminal proceeding where is drawn in question the validity of a statute of, or an authority exercised under, the United States, or where any right, title, privilege, or immunity is claimed under the Constitution, or an}' statute of, or commission held, or authority exercised under, the United States, the defendant, if charged with an offense that is bailable by the laws of such State, shall not be released from custody until a final judgment upon such writ, or until a bond with sufficient sureties, in a reasonable sum as ordered and approved by the State court is given ; and if the offence is not so bailable, until a final judgment upon the writ of error. {See. 1017, Rev. Stat. U. S.) Surrender of criminals by their bail.— Any party charged with a criminal offence and admitted to bail may, in vacation, be arrested by his bail, and delivered to the marshal or his deputy, before any judge or other officer having power to commit for such offense ^ ; 1 See Ex parte Milburn, 9 Pet. 704. 32 Criminal I'rocedure of and.at the request of sucli bail the judge or other officer shall re- commit the party so arrested to the custody of the marshal, and indorse on the recognizance, or certified copy thereof, the dis- charge and exoneratur of such bail ; and the party so committed shall therefrom be held in custody until discharged by due course of law. (Sec. 1018, Bev. Stat. U. S.) New bail. — When proof is made to any judge of the United States, or other magistrate having authority to commit on criminal charges as aforesaid, that a person previously admitted to bail on any such charge is about to abscond, and that his bail is insuf- ficient, the judge or magistrate shall require such person to give better security, or, for default thereof, cause him to be committed to prison ; and an order for his arrest may be indorsed on the former commitment, or a new Avarrant therefor may be issued, by such judge or magistrate, setting forth the cause thereof. (Sec. 1019, Bev. Stat. U. S.) "When penalty of recognizance may be remitted. — When any recognizance in a criminal cause taken for or in or returnable to any court of the United States is forfeited by a breach of the condition thereof, such court may in its discretion, remit the whole, or any part of the penalty, whenever it appears to the court that there has been no willful default of the party and that a trial can notwithstanding, be had in the cause, and that public justice does not otherwise require the same penalty to be enforced. (Sec. 1020 Bev. Stat. U. S. ) DecMon^. — Judgment on recognizance may be set aside and the recognizance respited on production of the prisoner for trial. U. S. vs. Duncan, 10 Pittsb. L. J. 41. See U. S. vs. Cookendorfer, 5 Cranch. C. C. 113; but the penalty of a forfeited recognizance will not be remitted on the ground that the party when called was in custody of State officer on criminal charge. U. S. vs. Strieker, 12 Blatch. 3S9. If in case of a misdemeanor default is made and the trial proceeds and defendant is acquitted, the default may be set aside. U. S. vs. Sanlos, 5 Blatch. 104. ) SECURITY OF THE PEACE. The judges of the Supreme Court and of the circuit and district courts, the commissioners of the circuit courts, and the judges and other magistrates of the several states who are or may be author- ized by law to make arrests for offenses against the United States, shall have the like authority to hold to security of the peace and for good behavior in cases arising under the constitution and laws United States Courts. 33 of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective states in cases cognizable before them. (^Sec. 727 Rev. Stat. U. S.) Decision. — U. S. vs. Greiner, 4 Phila. 396. 34 Ckimi]S"al Pkoceduke of CHAPTER V. PROCESS. All process to be under seal and bear teste from date of issue. — All writs and processes issuing from the courts of the United States shall be under the seal of the court from which they issue, and shall be signed by the clerk thereof. Those issuing from the Supreme Court or a circuit court shall bear teste of the Chief Jus- tice of the United States, ^ or, when that office is vacant, of the associate justice next in precedence, and those issuing from a dis- trict court shall bear teste of the judge, or, wlien that office is vacant, of the clerk thereof. The seals of said courts shall be ]iro- vided at the expense of the United States. (^See. 911 liev. /Stat. U. s.-) All process issued from the courts of the United States shall bear teste from the day of such issue. ^ QS'ec. 912 Jieu. titat. U. S. Decisions. — ^ A writ of error bearing teste of the clerk of court to which it issued, and not tliat of tlae Cliief Justice of the Supreme Court, held void. Wells vs. McGregor, 13 Wall. 188. 2 A mistake in the date of the writ of error is not important, where it appears that such mistake is merely clerical, and, from the judgment described and the number given to it, the party cannot be misled. Davidson vs. Lavier, 4 Wall. 447. Only one writ necessary -where several charges are made against the same person. — When two are more charges are made or two or more indictments are found against any person, only one writ or warrant shall be necessary to commit him for trial; and it shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in very general terms. {Sec. 1027 Rev. Stat. U. S.^ Copy of writ to be jailor's authority.— Whenever a prisoner is committed to a sheriff or jailor by virtue of a writ, warrant, or mittimus, a copy thereof shall be delivered to such sheriff or jailor as his authority to hold the prisoner, and the original writ, warrant, United States Coukts. 35 or mittimus shall be returned to the proper court or officer, with the officer's return tliereon. (^See. 1028, Mev. Stat. U. S.') Decisions. — When a prisoner is regularly committed to a State jail by the mar- shal, heisjio longer in the latter's custody or control, and the marshal has no au- tliority to direct or command the jailor in respect to the nature of the imprison- ment. Randolph vs. Donaldson, 9 Cranch, 85. Only one "writ necessary to remove a prisoner to another dis- trict. — Only one writ or warrant is liecessary to remove a prisoner from one district to another. One copy thereof may be delivered to tlie sheriff or jailor from whose custody the prisoner is taken, and another to the sheriff or jailor to whose custody he is com- mitted, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he is re- moved. (Section 1029, Eev. Stat. U. S.) No -writ necessary to bring- into Court a person in custody. — No writ is necessary to bring into court any prisoner or person in custody, or for remanding him from the Court into custody ; but the same shall be done on the order of the court or district at- torney for which no fees shall be charged by the clerk or marshal. {Sec. 1030, Bev. Stat. U. S.) Execution may issue for fine or penalty. — In all criminal or penal causes in which judgment or sentence has been or shall be rendered, imposing the payment of a fine or penalt}^ whether alone or with any other kind of punishment, the said judgment, so far as the fine or penalty is concerned, may be enforced by execution against the property of the defendant in like manner as judgments in civil cases are enforced : Provided., That where the judgment directs that the defendant sluill be imprisoned until the fine or penalty imposed is paid, the issue of the execution on the judgment shall not operate to dis- charge the defendant from imprisonment until the amount of the judgment is collected or otherwise paid. (Sec. 1041, Rev. Stat. U. S.) Decisions. — If the Judgment provides that the party stand committed until the fine is paid, a capias pro fine may issue. Ex parte Teuscher, 2o Int. Rev. Rec. 20:i; if the judgment provides for a.fi.fu., a capiasprofine cannot be issued. Idem; and if nothing is said in tlie judgment concerning the mode of enforcing it, either ii. fa., or capias pro fine may issue. Idem. The party sentenced to pay a fine may be imprisoned or not at the discretion of the Court until the fine is paid. U. S. vs. Robins, l') Int. Rev. Rec. lo.'j; Ex parte Jackson, fiO U. S. 627. Discharge of poor convicts imprisoned for fines. — When a poor 30 Criminal Procedure of convict, sentenced by any court of the United States to pay a fine, or fine and cost, wlietlier with or without imprisonment, has been confined in prison thirty days, solely for the non-payment of such fine, or fine and cost, he may make application in writing to any com missioner of the United States Court in the district where he is imprisoned, setting forth his inability to pay such fine, or fine and cost, and after notice to the district attorney of the United States, who may appear, offer evidence, and be heard, the com missioner shall proceed to hear and determine the matter ; and if on examination it shall appear to him that such convict is unable to pay such fine, or fine and cost, and that lie has not any property exceeding twenty dollars in value, except such as is by law ex- empt from being taken on execution for debt, the commissioner shall administer to him the following oath : " I do solemnly swear that I have not any property, real or personal, to the amount of twenty dollars, except such as is exempt bylaw from being taken on civil precept for debt by the laws of [State where oath is ad- ministered] ; and that I have no property in any way conveyed or concealed, or in any way disposed of, for my future use or benefit. So help me God." And, thereupon such convict shall be discharg- ed, the commissioner giving to the jailor or keeper of the jail a certificate setting forth the facts. QSec. 1042, Rev. Stat. U. S.) Marshals to serve process. — It shall be the duty of the marshal of each district to attend the district and circuit courts, when sit- ting therein, and to execute throughout the district all lawful prece]3ts directed to him, and issued under the authority of the United States ; and he shall have power to command all necessary assistance in the execution of his duty. {Sec, 787, Rev. Stat. U.S.) Po^wers of marshals same as sheriffs — The marshals and their deputies shall have in each State the same powers in executing the laws of the United States as the sheriffs and their deputies in such State may have in executing the laws thereof. {Sec. 788, Rev. Stat. U. S.) Decisions. — U. S. vs. Ebbs, 10 Fed. Rep'r, 359. Original process can not be .ser\'ed bj' a private person, but must be served by tbe marshal or his deputy. Schwabacker vs. Reilly, 2 Dill. 127. A subpoena, being a mandate directed to the witness and not to the marshal, may be served by a private jierson. Russel vs. Ashley, Hemp. .546; Scott r.s'. Allen, Phila. 484. Process should be directed to the marshal of the district where party to be served resides. Voss vs. Lake, 1 Crunch. C. C. 3i51; Somerville vs. French, 1 Cranch. C. C. 174. A deputy mar- shal is a sworn officer, whose appointment, qualification and removal are provided for by law. The E. W. Gorgas, 10 Ben. 409; and though he may make return of United States Coukts. 37 process as deputy, it is more technically proper to do so in the name of the marshal. Spatrord u.s.Godilell, 3 McLean, 07. A marshal may amend his return. I. G. C. Company n«. Dill, 10 Ben. 92. The marshal may appoint a special bailiff to exe- ■ cute a particular process. U. S. vs. Jailer, 2 Abb. U. S. 260 ; Hyman vs. Charles, 12 Fed. Rep. 855. The E. W. Gorgas, 10 Ben. 407. Be Crittenden, 2 Flipp. 212. Deputies to continue to serve process after death of marshal. — In the case of the death of any marshal his deputy or deputies shall continue in ofhce, unless otherwise specifically removed, and shall execute the same in the name of the deceased until another marshal is appointed, as provided in this cliapter, and duly quali- fied. The defaults or misfeances in office of such deputies in the mean time shall be adjudged a breach of the condition of the bond given by the marshal who appointed them ; and the executor or administrator of the deceased marshal shall have like remedy for the defaults and misfeances in office of such deputies, during such interval, as he would be entitled to if the marshal had continued in life and in the exercise of his said office until his successor was appointed and duly qualified. (See. 789, Me v. Stat. U. S.) Marshals may execute process in their hands when removed or oflace expires.— Every marshal or his deputy, when removed from office, or when the term for which the marshal is appointed expires, shall have j)ower, notwithstanding, to execute all such precepts as may be in their hands respectively at the time of such removal or expiration of office ; and the marshal shall be held re- sponsible for the delivery to his successor of all prisoners who may be in his custody at the time of his removal, or when the term for which he is appointed expires ; and for that purpose he may retain such prisoners in his custody until his successor is appointed and duly qualified. {Sec. 790, Rev. Stat. V. S.) Decisions. — If the marshal receives a writ of summons during his term, he may serve it after his successor has qualified. Stewart r.s. Hamilton, 4 McLean, 534; and if he receive an execution before his removal from office, he may make a levy after his removal, or, if levy is made before removal, he may make sale afterwards. Byers vs. Fowler, 12 Arks. 218; Doolittle f.s. Bryan, 14 How. 563; hut see Overton vs. Gorham, 2 McLean, 509; U. S. vs. Bank, Hemp. 400; Bowerbank vs. Morris. Wall. Sr. 119. Execution is not complete until the money is made and paid over to the plaintiff, and all remedies to compel him to pay over the money survive the term of office of the marshal to whom the execution was issued. McFarland vs. Gwin, 3 How, 717. Process must be regarded as still in the hands of the outgoing marshal until a true return, conforming to the facts, is made, and a marshal may amend liis return after he has ceased to hold office. Gushing vs. Laird, 4 Ben. 70. A marshal's removal is complete as soon as the new marshal qualifies, and notice to the old marshal is not necessary. U. S. vs. Bank, Hemp. 400; Overton vs. Gor- ham, 2 McLean, 509; but see Bowerbank vs. Morris, Wall. Sr. 119. 38 CRIMINAL PuOCEDURE OF "When the Marshal or his deputy is a party.— AVhen the marshal or his deputy is a party in any cause, the writs and precepts there- in shall be directed to such disinterested person as the Court or any justice or judge thereof may appoint, and the person so ap- pointed may execute and return them. {Sec. 922, Rev. Stat. U. S.) Decisions.— Apppearaiice cures all ii'regularity of process, and a deputy marshal can not plead in abatement that the writ was not directed to a disinterested person to serve. Knox vs. Summers, 3 Cranch 496. SEAKCH WAERAliJTS. Warrant to search dwelling-house, etc., may issue to customs officer.— If any collector, naval oflicer, surveyor, or other person specially appointed by either of them, or inspector, shall have cause to suspect a concealment of any merchandise in any j)articular dwelling-house, store-building, or other place, they, or either of them, upon proper application on oath to any justice of the peace shall be entitled to a warrant to enter such house, store, or other place, in the day-time only, and there to search for such merchandise > and if any shall be found, to seize and secure the same for trial; and all such merchandise, on which the duties shall not have been paid, or secured to be paid, shall be forfeited. {Sec. 3066, Rev. Stat. U. S. See.— U. S. vs. 350 Chests of Tea, 12 Wh. 487; Taylor vs. U. S. 3 How. 197; U. S. vs. Certain Hogsheads, 1 Curt. 276 ; U. S. vs. 26 Diamond Rings, Sprague, 294. Warrant may issue to mternal revenue officer. — The several judges of the circuit and district courts of the United States, and commissioners of the circiut courts, may, Avithin their respective jurisdictions, issue a search-warrant, authorizing any internal rev_ enue officer to search any premises within the same, if such officer makes oath in writing that he has reason to believe, and does be- lieve that a fraud upon the revenue has been or is being committed upon or by the use of the said premises. ( Sec. 3462, Rev. Stat. U. S.) Search warrants for counterfeit dies, etc., of registered trade- mark. — If the owner of any trade-mark, registered pursuant to the statutes of the United States, or his agent, make oath, in writ- ing, that he has reason to believe, and does believe, that any coun- terfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, or moulds, of his said registered trade-mark, are United States Courts. 39 in the possession of any person, with intent to use the same for the purpose of deception and fraud, or makes such oath that any counterfeits or colorable imitations of his said trade-mark, label, stamp, brand, wrapper, engraving on paper or other substance, or empty box, envelope, wrapper, case, bottle or other package, to which is affixed said registered trade-mark not so defaced, erased, obliterated and destroyed as to prevent its fraudulent use, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, then the several judges of the circuit and district courts of the United States and the commis- sioners of the circuit courts may, within their respective jurisdic- tions, proceed under the law relating to search warrants, and may issue a search warrant authorizing and directing the marshal of the United States for the proper district to search for and seize all said counterfeit dies, plates, brands, engravings on wood, stone, metal or other substance, moulds, and said counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, en- gravings on paper, or other substance, and said empty boxes, en- velopes, wrappers, cases, bottles or other packages that can be found. Plates, etc., may be destroyed.— And upon satisfactory proof being made that said counterfeit dies, brands, engravings on wood, stone, metal or other substance, moulds, counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, en- gravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles or other packages, are to be used by the holder or owner for the purposes of deception and fraud, that any of said judges shall have full power to order all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on jjaper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, to be publicly destroyed. {Section 7 of Act of August 14,1876. 19 Stat. L. 112, 1 Sup. Rev. Stat. 211. 40 Criminal Pkockduke of CHAPTER. VI. WITNESSES. Subpoena ; form of; attendance under. — Witnesses who are re- quired to attend any term of a circuit or district court on tlie part of the United States, sliall be subpoenaed to attend to testify generally on their behalf, and not to depart the court without leave thereof, or of the district attorney ; and under such process they shall appear before the grand or petit jury, or both as they may be required by the court or district attorney. {Sec. 877 Rev- Stat. U. S.) Decisions. — The U. S. courts will not grant process by subpoena, attachment or otherwise, upon application of District Attorney for a witness confined in a State penitentiary for an assault with intent to murder. U. S. vs. Barefield, 23 Fed. Eep'r, 136. Subpoenas to run into any district. — Subpoenas for witnesses who are required to attend a court of the United States in any district, may run into any other district : Provided^ that in civil causes the witnesses living out of the district in which the court is held do not live at a greater distance than one hundred miles from the place of holding the same. {Sec. 876, Rev. Stat. U. S. Defendant's witnesses when to be subpoenaed at the cost of the- United States. — Whenever any person indicted in a court of the United States makes affidavit setting forth that there are wit- nesses whose evidence is material to his defense ; that he cannot safely go to trial without them : what he expects to proA^e by each of them ; that they are within the district in which the court is held, or witliin one hundred miles of the place of trial ; and that he is not possessed of sufficient means and is actually unable to pay the fees of such witnesses, the court in term, or any judge thereof in vacation, may order that such witnesses be subpoenaed if found within the limits aforesaid. In such case the costs incurred by the process and the fees of the witnesses shall be paid in the same manner that similar costs and fees are paid in case of witnesses United States Courts. 41 SLibpcenaed in behalf of the United States. (Sec. 878, Rev. /Stat. U. S.) ■ ' ■ Witnesses before U. S. Commissioners; taxation of fees. — In no case shall fke fees of more than four witnesses be taxed aMinst the Ui^ijted States in the examination of any criminal case before a commissioner of a circuit court, unless their materiality and im- portance are first approved and certified to by the district attorney for the district in which the examination is had; and such taxation shall be subject to revision as in other cases. {Sec. 981 Rev. Stat. U.S.) Attachment of delinquent witnesses for contempt. — The said courts shall have power to impose and administer all necessary oaths and to punish by fine or imprisonment, at the discretion of the court, contempts of their authority ; i^^^ovided, that such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, decree or command of the said courts. {Sec. 725, Rev. Stat. U. S.) Decisions. — This section applies to the circuit- and district coin-ts. Ez parte Robinson, 19 Wall. 506. Ordinarily, it appears from the decisions, that the com- missioners of the circuit courts have not the power to attach and commit a non answering witness for contempt. Note. As it has been held that a willful con- tempt is an offense against the United States (U. S. vs. Jacob, 4 Am. L. T. 148; Ee Elerbe, 4 McCrary. C. C. 449; Ex ixirte Humphrey, 2 Blatch, 223.) It would seem that the commissioner might in such instances properly issue his warrant for the arrest of the willfully delinquent witness as in other cases of offenses against the United States. The proper and safer practice is for the commissioner in all cases of attachment to ask for the process from the district or circuit judge. See Judson, in re , 3 Blatch. 148; Doll, Ex parte, 4 Cranch. 572. The application for the attachment of a non answering witness should be ac- companied by a statement under oath showing witness to have been duly served ■with subpoena a reasonable time before the examination, and that he willfully neglected to attend and that the case was one wherein the commissioner had juris- dictioTi— See Judson, Ex parte, 3 Blatch. C. C. 89, 148; Peck, Ex x>arte, 3 Blatch. C. C. 113. See Sec. 31T5 Rev. Stat. U- S. The court may send an attachment to be executed in another district. U. S. vs. Williams, 4 Cranch. C. C. 372. Attachments against witnesses must be served by mar- shal. U. S. f.s. Montgomery, 2 Dall. 335. It is the duty of the District Attorney to ap- pear in proceedings for contempt to vindicate the authority of the United States. Riggs i-.s. Supervisors, Wool. 377. Proceeding for contempt is a criminal proceed- ing. See 20 Fed, Rep'r, 501. As to powers of district attorneys in securing at- 42 CiMMINAL PnOCEDUKE OP tendance of witnessos for tho U. S. in criminal prosecutions, see U. S. vs. Durling, 4 Biss. 509. Recognizance of witnesses.— Any judge or other officer who may be authorized to arrest and imj^rison or bail persons charged with any crime or offense against the United States may, at the hearing oi any snch charge, require of any witness produced against tlie prisoner, on pain of imprisonment, a recognizance, with or with- out sureties, in his discretion, for his appearance to testify in the case. And where the crime or offense is charged to have been committed on tiie high seas, or elsewhere within the admiralty and maritime jurisdiction of the United States, he may, in his discre- tion, require a like recognizance, with snch sureties as he may deem necessary, of any witness produced in behalf of the accused, whose testimony in his opinion is important, and is in danger of being otherwise lost. (Sec. 878 Jlev. Stat. U. S.) ' In Vermont. — In the district of Vermont all recognizances of witnesses, taken by any magistrate in said district, for their ap- pearance to testify in any case cognizable either in the district or circuit court thereof, shall be to the circuit court next thereafter to be held in the said district (See. 880, Mev. Stat. U. S.) Recognizances of witnesses required at any time on applica- tion of district attorney.— Any judge of the United States, on the application of a district attorney, and on being satisfied by proof that tlie testimony of any person is competent and will be necessary on the trial of any criminal proceeding in which the United States are parties or are interested, may compel such person to give recognizance, with or without sureties, at his dis- cretion, to appear to testify therein ; and for that purpose may issue a warrant against such person, under his hand, with or with- out seal, directed to the marshal or other officer authorized to ex- ecute process in behalf of the United States, to arrest and bring before him such person. If the person so arrested neglects or refuses to give recognizance in the manner required, the judge may issue a warrant of commitment against liim, and the officer shall convey him to the prison mentioned therein. And the said person shall remain in confinement until he is removed to the court for the purpose of giving his testimony, or until he gives the cognizance required by said judge. — (Sec. 881, Rev. Stat. U. S.) Color not to exclude witness. — In the courts of the United States no witnesses shall be excluded in any action on account of color. . . . (Sec. 858, Eev. Stat. U. S.) Decision. — See U. S. vs. Barefield, 23 Fed. Eep'r, 136. United States Courts. 43 Defondants competent witnesses. — That in the trial of all in dictmeiits, informations, complaints and other proceedings against persons charged with the commission of crimes, offenses, and mis- demeanors in the United States courts, territorial conrts, and courts-martial, and courts of inquiry, in any State or Territorj^, in- cluding the District of Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness. And his failure to make sucli request shall not create any presumption against him. (Act, March 16, 1878, 20 U. S. Stat., at i. 30 ; 1 Sup. U. S. Rev. Stat. 312.) Persons convicted of perjury incompetent -witnesses. — Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, dej)ose, or certify truly, or that any written testimony, declara- tion, deposition or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years ; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed {Sec. 5392, Rev. Stat. U. S.) Testimony of witnesses before Congress not to be used ag-ainst them in criminal proceedings.— No testimony given by a witness before either House, or before any committee of either House of Congress, shall be used in evidence in any criminal proceeding against him in any court, except in a prosecution for perjury com- mitted in giving such testimony. But an official paper or record produced by him is not within the said privilege. {Sec. 859, Rev. Stat. U. S.) Pleadings, disclosures, etc., of a party or witness not to be used against him in criminal proceedings. — No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a judicial proceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States, in any criminal proceeding, or for the enforcement of any penalty or forfeiture ; provided, that this section shall not exempt any party or witness from prosecution and punishment for perjury committed in discovering or testifying as aforesaid. {Sec. 860, Rev. Stat. U. S.) 44 CrjMiXAL Pkocedure of Xvte.— Since the enactment of the provisions of this section, witnesses in U. S. com-ts are no longer privileged from answering questions tending to criminate them. U. S. vs. lirown, 1 Sawy. 531; U. S. vs. McCarthy, 18 Fed. Rep'r, ST. See U. S. vs. Distillery, 6 Biss. 483. Privilecje. — Questions that would render character of witness infamous, or which merely tend to degrade and are not material to the issue, witness is not obliged to answer. U. S. vs. Craig, 4 "Wash. 729; U. S. vs. Dickerson, 2 McLean, 32.t; Re Lewis, 39 How. Pr. 155; Be Graham, 8 Ben. 419; U. S. vs. Darrand, 3 Wall. Jr. 143, 178; see 1 Burr's Trial, 215; U. S. vs. JNtiller, 2 Cranch. C. C. 247; U. S. vs. Devaughn, 2 Cr. C. C. 501; Sanderson's Case, 2 Cranch. C. C. 638. List of ■witnesses to be delivered to accused when. — When any person is indicted of treason, a copy of the indictment and a list of the jury, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of each juror and witness, shall be delivered to him at least three entire days before he is tried for the same. When any person is indicted for any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two en- tire days before the trial. {Sec. 1033, Rev. Stat. U. S.) Decisions. — If the right to a copy is not insisted on before pleading and trial, no objection can afterwards be taken to tlie proceedings. U. S. vs. Cornell, 2 Mason, 91; if no objection is made until after the jury has been sworn tlie omission to de- liver copy is no ground for arrest of judgment, or for a new trial. U. S. vs. Curtis, Mason, 232. In cases not capital the prisoner is not entitled to a copy of the indict- ment at government expense. U. S. vs. Beckford, 4 Blatch. 337; nor is he entitled to a list of jurors or witnesses. U. S. vs. Williams, 4 Cranch. C. C. 1 ; U. S. vs. Wood, 3 Wash. C. C. 440; but in all cases where there has been no preliminary ex- amination, the court in its discretion may order a list of witnesses before the grand jury to be furnished. U. S. vs. Southmay, 6 Biss. 321. Compulsory process for defendant's "witnesses in capital cases. — Every person Avho is indicted of treason or other capital crime shall be allowed to make his full defense by counsel learned in the law ; and the court before which he is tried, or some judge thereof, shall immediately, upon his request, assign to liim such counsel, not exceeding two, as he may desire, and they shall have free access to him at all reasonable hours. He shall be allowed in his defense to make any proof that he can produce by lawfnl witnesses, and shall have- the like process of the court to com- pel his witnesses to appear at his trial as is usually granted to compel Avitnesses to appear on behalf of the prosecution. (Sec. 1034, Eev. Stat. U. S. Priviler/e. — A witness is privileged from arrest for a reasonable time, to prepare for departure as well as to return from court. Smythe vs.. Banks, 4 Dall. 329. United States Courts. 45 CHAPTER VII. JURIES. Jurors, qualification 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 con- tained, 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 practica- ble, by the courts of the United States or the officers thereof. And for this purpose the said courts may, by rule or order, conform the designation and impaneling of juries in substance, to tlie laws and usages relating to jurors in the State courts from time to time in force in such State. This section shall not apply to juries to serve in the courts of the United States in Pennsylvania. QSec. 800, Rev. Stat. JJ. S.) Decision. — This section is in terms repealed by the Act of .June 30, 1879, Sec. 2, 21 Stat, at L. 43; 1 Sup, Rev. Stat. 49". U. S. vs. Rose, 6 Fed. Rep'r, 137. ACT OF JUNE 30, 1879. Jurors per diem, selection and qualifications of. — Be it enacted etc., Sec. 2. That the per diem pay of each juror, grand or petit, in any court of the United States shall be two dollars ; and that the last clause of section 800 of the Revised Statutes of the United States, which refers to the State of Pennsylvania, and sections 801, 820, and 821 of the Revised Statutes of the United States, are hereby repealed ; and that all such jurors, grand or 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 800 of the Revised Statutes, which names shall ha\e been 46 Criminal Procedure of placed therein b}^ 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 said 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 ; and no person shall serve as a petit juror more than one term in any one year, and all juries to serve in courts after the passage of this act shall be drawn in conformity herewith : Provided^ 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 on account of race, color, or previous condition of servitude. (Act, Jane 30, 1879, Sec. 2, 21 Stat., at L. 41.) Decisions. — An objection that some of the grand jnrors were not properly sum- moned, or did not possess the proper quahtications, can not be taken by a plea in abatement. U.S. vs. Tuska, 14 Blatch. 5. But see U. S. vs. WiUiams, Dill. 48.5. The record should show that each of the jurors sworn on a criminal trial was sum- moned and returned on the ?;enire. U. S. vs. Wilson, Baldw. 78. In the absence of anything to the contrary the presumption is that the jury were selected and drawn according to law. Kie vs. U. S., 27 Fed, Kep'r, 351. As to what extent juries are judges of the law in criminal cases, see U. S. vs- Morris, 1 Curl. 2.3; IT- S. vs. Greathouse, 2 Abb. U. S. 364; U. S. vs. Wilson, Bald. 78, 99; U. S. vs. Jack- alow, 1 Black 484; U. S. vs. Sanders, Hemp. 483. The mere fact that the name of one of the grand jurors contained in the venire was not put into the box nor drawn from it, will not vitiate an indictment unless the uregularity arose through bad faith. U. S. vs. Ambrose, 3 Fed. Rep'r, 283. Jurors, how to be apportioned.— Jurors shall be returned from such parts of the district, from time to time, as the court shall direct, so as to be most favorable to an impartial trial, and so as not to incur an unnecessary expense, or unduly to burden the citizens of any part of the district with such services. (Sec. 802, Mev. Stat. U. S.) "Writ of venre how issued and served. — Writs of venire facias, when directed by the court, shall issue from the clerk's office, and shall be served and returned by the marshal in person or by his deputy ; or in case the marshal or his deputy is not an indifferent person, or is interested in the event of the cause, by such fit per- United States Courts. 47 son fis may be specially appointed for that pnrpose by the court, who shall acliniiiister to him an oath that he will truly and impar- tially serve and return the Avrit. {Sec. 803, Rev. Stat. U. S.) Talesmen for petit juries, how returned. — When from challenges or otherwise, there is not a petit jury to determine any civil or criminal cause, the marshal or his deputy shall, bj order of the court in Avhich sucli defect of jurors happens, return jurymen from the bystanders sufficient to complete the panel ; and when the marshal or his de]3uty is disqualified as aforesaid, jurors may be so returned by such disinterested person as the court may appoint, and such person shall be sworn, as provided in the preceding section. {Sec. 804, Rev. Stat. U. S.) Becisions. — This section is not repealed by the Act of June 30, 1879. U. S. vs Eose, 6 Fed. Rep. 137. Persons present in court when returned by the marshal may be "bystanders" within the meaning of this section, altliough they were not in court when summoned. U. S. vs. Loughery, 13 Blatch. 267. Special juries in Circuit Courts — When special juries are ordered in any circuit court, they shall be returned by the mar- shall in the same manner and form as is required in such cases by the laws of the several States. {Sec. 805, Rev. Stat. U. S.) New York, juries in. — No jury shall be drawn for service ex- clusively in the circuit court for tlie Northern district of New York at the adjourned terms thereof required by law to be held at Albany and Utica; and the jury drawn to serve in the district court held at the same times and places with said adjourned terms shall be used for the trial of issues of fact arising in civil causes in said circuit court, and the verdicts of said jury and all proceed- ings upon the trial of said issues shall be of the same effect as if the said jury had been drawn to serve in the circuit court. {Sec. 806, Rev. Stat. U. S. Vermont, petit jury in.— The clerk of the district court for Vermont shall not cause a petit jury to be summoned or returned to any session in which there shall apjsear to be no issue proper for trial by jury, unless by special order of the judge. {Sec. 807, Rev. Stat. U. S.) Number of grand jurors ; completing- jury. — Every o-rand jury empaneled before any district or circuit court shall consist of not less than sixteen nor more than twenty-three persons. If of the persons summoned less than sixteen attend, they shall be placed on the grand jury, and tlie court shall order the marshal to sum- mon, either iunnediately, or for a day fixed, from the body of the 48 Crimlnaij Procedure of district, and not from the bystanders, a sufficient number of per- sons to complete the grand juvy. And whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose. (Sec. 808, Bev. Stat. U. S.) Decisions. — The marshal cannot excuse a summoned juror, nor substitute an- other m his stead. 1 Burr's Trial, 37. If defendant goes to trial without objecting to mode of selecting grand jury, the objection is waived. U. S. rs. Gale, 109 U. S. 65. Foreman of grand jury. — From the persons summoned and ac- cepted as grand jurors, the court sliall appoint the foreman, who shall have power to administer oaths and affirmations to witnesses appearing before the grand jury. (^Sec. 809 Rev. Stat. U. S.') Grand juries, -when suramoned. — No grand jury shall be sum- mond to attend any circuit or district court unless one of the judges of such circuit court, or the judge of such district, in his own dis- cretion, or upon a notification by the district attorney that such jury will be needed, orders a venire to issue therefor. And either of the said courts may in term order a grand jury to be summoned at such time and to serve such time as it may direct, whenever in its judgment it may be proper to do so. But nothing herein shall operate to extend beyond the time permitted by law the imprisonment before indictment found of a person accused of a crime or offense, or the time during which a person so accused may be held under recognizance before indictment found. (^Sec. 810, Rev. Stat. U. S.) Decisions. — It is not necessary that the order shall be actually made by the judge himself, an order entered by the clerk by authority of the judge is sufficient. U. S. vs. Read, 2 Blatch. 435. Discharg-e of grand juries, — The circuit and district courts, the district courts of the Territories, and the Supreme Court of the District of Columbia, may discharge their grand juries whenever they deem a continuance of the sessions of such juries unnecessary. {Sec. 811, Rev. Stat. U S.) Jurors not to be summoned oftener than once in two years. — No person shall be summoned as a juror in any circuit or district court more than once in two years, and it shall be sufficient cause of challenge to any juror called to be sworn in an}^ cause that he has been summoned and attended said court as a juror at any United States Courts. 49 term of said court held within two years prior to the time of such challenge. {Sec. 812, Rev. Stat. U. S. Decimmfi. — The fact that a grand juror has served before as such within two years is not ground for quashing indictment. U. S. vs. Reeves, 3 Woods 109. » Grand jurors of distrct court to servo in circuit court.— The grand jury im^ianeled and sworn in any district court may take cognizance of all crimes and offenses within the jurisdiction of the circuit court for said district as well as of said district court. {Sec. 813, Rev. Stat. U. S.) Jurors in Arkansas.— In the Western district of Arkansas such number of jurors shall be summoned at every term of the district court thereof, to be held at Helena, as may have been ordered at a previous term, or by the district judge in vacation. And a grand jury may be summoned to attend any such term when or- dered by the court, or by the judge in vacation. In case of a de- ficiency of jurors, talesmen may be summoned by order of the court. {Sec. 814, Rev. Stat. U. S. Juries in Kentucky and Indiana,— la the several districts of Kentucky and Indiana, such numbers of jurors shall be summon- ed by the marshal at every term of the circuit and district courts, respectively, as may have been ordered of record at the previous term ; and in case there is not a sufficient number of jurors in at- tendance at any time, the court may order such number to be sum- moned as, in its judgment, may be necessary to transact the busi- ness of the court. The marshal ma}^ summon juries and talesmen in case of a deficiency, pursuant to an order of the court made dur- ing the term, and they shall serve for sucli time as the court may direct. {Sec 815, Rev. Stat. U. S. Juries in North Carolina.— The circuit and district courts for either of the districts of North Carolina may order a grand or petit jury, or both, to attend any special term thereof, by an order to be entered of record thirty days before the day on which such special term is appointed to convene. {Sec. 816, Rev. Stat. U. S.) Juries in the "Western district of South Carolina, — The grand and petit juries for the district court sitting in the Western dis- trict of South Corolina shall be drawn from the inhabitants of said district who are liable, according to the laws of said State, to do jury duty in the courts thereof; and all jurors shall be drawn during the sitting of the court for tlio next succeeding term. Sec. 817, Rev. Stat. U. S. «^0 CKlillXAL PeOCEDURK OF Grand juries in Vermont.— In the district of Vermont, it shall be the duty of the circuit court, at its regular sessions, to give in charge to the grand juries all crimes, offenses, and misdemeanors which are cognizable as well in the district court thereof as in the said circuit court. {Sec. 818, Rm:. Stat. U. S. Jurors in Ohio —Northern district.— All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions hereinbefore contained, issued in either of said divisions, may be served and executed in either or both of the divisions. {Act, June 8, 1878, Sec 6, 20 Stat, at L. 102 ; 1 S^p. Rev. Stat. 338.) — Southern district.— All grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions hereinbefore contained, issued in either of said divisions, may be served and ex- ecuted in either or both of the divisions, (^c^, Fehij., 4, 1880, Sec. 1 21 Stat, at L. 63 ; 1 Sup. Rev. Stat. U. S. 509. Jurors in Gsorg-ia.- AH grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions hereinbefore con- tained, issued in either of said divisions, may be served and exe- cuted in either or both of the divisions. {Act., Jan. 29, 1880, Sec. 8, 21 Stat. L, 63 ; 1 Sup. Rev. Stat. U. S. 508.) Jurors in Colorado.— Whenever the terras of the said circuit and district courts shall be held at the same time and place, grand and petit jurors summoned to attend in either of said courts may serve in the other of said courts, and but one grand or petit jury shall be summoned to attend on said courts at one and the same time ; but this provision shall not prevent either of said courts from procuring the attendance of several panels of jurors succes- sively, as the business of the courts may require. {Act, April., 20, 1880 ; Sec. 2, 21 Stat, at i. 76 ; 1 Sup. Rev. Stat. U. S. 517. Jurors in Tennessee. — AH grand and petit jurors summoned for service in each division shall be residents of such division. All mesne and final process, subject to the provisions hereinbefore contained, issued in either of said divisions, may be served and executed in either or both of the divisions. {Act, June 11, 1880; Sec. 7. 21 Stat, at L. 176 ; 1 Sup. Rev. Stat. U. S. 548.) Challeng-es. — When the offense charged is treason or a capital offense, the defendant shall be entitled to twenty and the United States to five peremptory challenges. On the trial of any other United States Courts. 51 felony, the defendant sliall be entitled to ten and the United States to three peremptory challenges; and in all other cases, civil and criminal, each party shall be entitled to three peremptory chal- lenges, and in all cases Avhere there are several defendants or several plaintiffs, the parties on each side shall be deemed a single party for the purposes of all challenges nnder this section. All chal- lenges, whether to the array or panel, or to individual jurors, for cause or favor, shall be tried by the court without the aid of triers. Sec. 819, Rev. Stat. U. S.) Decisions. — Where an offense not capital is declared by the statute to be a felony, or punishes it by its common law name and at connnon law it is a felony, or where the statute adopts a State law which designates it as a felony, this section operates to give the accused ten peremptory challenges. U. S. vs. Coppersmith, 4 Fed. Rep'r, 198. In cases removed from the State courts this section instead of the State statute regulates the number of challenges. Georgia vs. O'Grady, 3 Woods, 4'. 0. See generally U. S. vs. Reynolds, US U. S. 145; U. S. vs. Douglas, 2 Blatch. 207; U. S. vs. McHenry, G Blatch. 503; U. S. vs. Daubner, 17 Fed. Rep'r, 793. An opinion formed but not expressed is no ground for challenge where juror testifies that it will not influence his verdict. Reynolds vs. U. S., 98 U. S. 145; See U. S. vs. Fries, 3 Dall. 515. Sections 820 and. 821, Rev. Stat. U. S. repealed. — That section eight hundred and twenty of the Revised Statutes imposing cer- tain disqualifications on grand and petit jurors in the courts of the United States, and section eight hundred and twenty-one of the Revised Statutes, prescribing an oath for grand and petit jurors in the courts of the United States, be, and the same are hereby, repealed. (Act, Ma>j 13, 1884, 23 U. S. Stat. L. 22.) Jurors in "civil rights" cases.— No person shall be a grand or petit juror in any court of the United State, upon any inquiry, hear- ing or trial of any suit, proceeding, or prosecution, based upon or arising under the provisions of title " Civil Rights" and of title " Crimes" for enforcing the provisions of the fourteenth amend- ment to the Constitution, who is, in the judgment of the court, in complicity with any combination or conspiracy in said titles set forth ; and every grand or petit juror shall, before entering upon any such inquiry, hearing, or trial, take and subscribe an oath, in open court, that he has never, directly or indirectly, counselled, advised, or voluntarily aided any such combination or conspiracy. Sec. 822, Rev. Stat. U. S.) Excess of challenges. — If, in the trial of a capital offense, the party indicted peremptorily cliallenges jurors above the number allowed him by law, such excess of challenges shall be disallowed 52 CRunNAL Pkoceduee of by the court, and the cause shall proceed for trial in the same manner as if they had not been made. {Sec. 1031, Rev. Stat. U. S.) Challeng-es in summary trials. — At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause in such cases shall be tried by the court without the aid of triers. {Sec. 4303, Rev. Stat. U. S.) Note.— Act of March 22, 1882, Sec. 5, (22 Stat. L. 31) provides that persons guilty of bigamy, polygamy, or unlawful cohabitation, shall be disqualified for ser- vice as jurors iu any prosecution for any of the above offenses under the laws of the United States. See Clawson vs. U. S.. 114 U. S. 477. United States Courts. 53 CHAPTER VIII. INDICTMENTS, PRESENTMENTS AND INFORMATIONS. Constitutional Provisions. Infamous crimes to be prosecuted only by presentment or in dictment of a grand jury. — No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of warori^ublic danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be com- pelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use without just compensation. {Article V. Ame7ichnents Constitution^ If. S. * Decisions. — A crime punishable by imprisonment for a term of years at hard labor is au infamous crime witliin the above provision of the Constitution, and a court of the United States exceeds its jurisdiction in sentencing a person to im- prisonment at hard labor for a term of years upon a conviction on an information filed by the district attcwney. Ex parte James A. Wilson, U. S. Sup. Court, Oct. Term, 1884, 31 Int. Kev. Kec. 224; 114 U. S. 417 ; or, imprisonment in the peniten- tiary with or without hard labor. J. C. Mackin and Wm. J. Gallagher vs. United States, U. S. Supreme Court, October term, 1885, 117 U. S. 348. Ckimixal infokmations must be based upon affidavits showing probable cause arising from facts with the knowledge of those making them; mere belief is not sufficient. U. S. vs. Tureand, 20 Fed. Rep'r, 621. Offenses not capital or infamous may be prosecuted by information, U. S. vs. Maxwell, 3 Dill, 275 ; U. S. vs. Shep- hard, 1 Abb. C, C. 431; U. S. vs. Block, 4 Sawy. 211; U.S. vs. Baugh. 1 Fed. Rep'r, 784; Contra, U. S. vs. Joe, 5 C. L. N. 105. An information which sets out the effect only of a maerial document is defective. U. S. vs. Watson, 17 Fed. Rep'r, 145; 4 Cr. L. Mag. 391. Knowledge. — When the statute does not make knowledge an in- gredient in the offense, knowledge need not be averred in the indictment. U. S. vs. Malone, 20 Blatch, C. C. 137. Intent.— Where intent is made part of offense it must be alleged and proved, U. S. vs. Wentworth, 11 Fed. Rep'r, 52 ; U. S. vs. Thomp- son, 6 McLean, 50 ; U. S. vs. Staats, 8 How. 41 ; when need not be proved, see U. S. vs. Leatliers, G Sawy. C. C. 17. Place.— When offense is punishable in U. S. courts only wlien committed in a place under the exclusive jurisdiction of the United States the indictment must sliow the place where the crime was committed to be within the jurisdiction. U. S. vs. Davis, 5 Mas. 35G; see U. S. vs. Anderson, 54 CuiMiXAL Procedure of 8 Rep'r. 077; U. S. r.s-. riuinor, 3 Cliff. 2S; U. S. vs. Wilson, Bald«-. 78, 115. Cer- tainty. — Certainty to a common intent is sufficient where the hidictment clearly charges a crime, and fairly advises the defendant what act of his is the subject of complaint. U. S. vs. Fero, 18 Fed. Rep'r. 901 ; but see IJ. S. cs. Forrest, 3 Cranch, C. C. 56. where it is held that there must be certainty to a " certain" intent. All essentials necessary to constitute the offense under the statute must be alleged. U. S. vs. Staats, 8 How 41 ; U. S. vs. Clark, 1 Gall. 497. Generally it is sufficient to use the words of the statute. See U. S. vs. Wilson, Baldw. 78; U. S. vs. Henry, 3 Ren. 29; U. S. vs. O'Sullivan, 9 X. Y. Leg. Obs. 2."7; U. S. vs. Staton, 2 Flippin, 319; U. S vs. Carll, 10.5 U. S. 611; U. S. vs. Batchelder, 2 Gall. 1-5; U. S. rs. Dickey, 1 Morris, 412; U. S. vs. Andrews, 2 Paine, C. C. 451; U. S. cs. Elliot, 3 Mas. 156; U. S. vs. Pond, 2 Curt., C. C. 265; U. S. vs. Lancaster, 2 McLean, 431; U. S. vs. Mills, 7 Pet. 138; but see U. S. vs. Carll, 105 U. S. 611; U. S. vs. Britton, 107 U. S. 655; 2 Sup. Ct. Rep'r. 514. Figures should not be used for dates. v. S. vs. Prescott; 2 Abb. U. S. 169. Joinder of Offenders.— See U. S. vs. O'Calla- lian, 6 McLean, 596; U. S. vs. Kazinski, 2 Spragne 7; what joinder necessary in conspiracy, IT. S. vs. Cole, 5 McLean, 513. Jeopardy. — A person has not been once put in jeopardy until there has been an acquittal or conviction regularly had upon a sufficient indictment. IT. S. vs. Gilbert, 2 Sumn, 42; U. S. vs. Perez, 9 Wheat 579; U. S. vs. Coohdge, 2 Gall 264; U. S. vs. Shoemaker, 2 McLean, 114; U..S. vs. Haskel, 4 Wash. C. C. 402; U. S. us. Wilson, Baldw. 95; U. S. vs. Kerrj-, 1 McLean, 434. U. S. r.s. Riley, 5 Blatch. C. C. 204; U. S. vs. Morris, 1 Curt. 23; je-^pardy attaches after verdict of guilty and judgment arrested. State vs. Parish, 43 Wis. 395. If a nolle prosequi is entered by the District Attorney after the jurj^ is im- paneled and sworn, the accused can not be again indicted for the same offense. U. S. vs. Shoemaker, 2 McLean, 114; but the discharge of a jury who have disagreed constitutep no bar to a further prosecution. Kelly vs. V. S. 27 Fed. Rep'r. 616. Equal protection of the la-ws. — All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. (Sec. 1, of Article XIV. Amend- ments Constitution of United States.) Decisions. — " Due process of law." The Constitution of California of 1879 au- thorizes prosecutions for felonies by information. HcUl not objectionable as depriving persons of life or liberty without due process of law. The words *' due process of law "do not necessarily require an indictment by a grand jury in a pro- secution by a State for murder. Hurtado i-s. People, 110 U. S. 516; see generally Weil vs. Calhoun. 25 Fed. Rep'r. 865; State vs. Walruff et al. 26 Fed. Rep'r. 178; Stone vs. Mississippi, 101 U. S. 814. Discrimination against negroes on account of color in the selection of juries is a denial of the equal protection of the laws to a colored man when on trial for offense against the State. Strauder vs. West Virginia, 100 V. S. .303; and see Neal vs. Delaware, 103 L^. S. 370; the ordinary regulation or prohibition of the liquor traffic is not a violation of this Article. Bartmeyer vs. Iowa, 18 Wall. 129, and see License cases, 5 How 504; Foster vs. Kansas, 112 L". S. 201. United States Courts. 55 The right to vote not to be denied or abridged.— 1. The li^-lit of citizens of tlie United States to vote shall not be denied or abridfr- ed by the United States, or by any State, on account of race, color, or previous condition of servitude. 2. The Congress shall have power to enforce this article by appropriate legislation. (Art. XV. Amendments Constitution United States.) Decisions. — Provisions of the 15tli Amenclraent explained. See U.S. vs. Reese, 92 U. S. 214; U. S. vs. Cruikshaulc et al. 92 U. S. 542; Neal vs. Delaware, 103 U. S. 370. Provisions of the 13th, 14th and 15th Amendments compared and ex- plained. U. S. vs. Given, 17 Int. Rev. Rec. 1S9; Bartemeyer vs. Iowa, 18 Wail. 129. The Slaughter-house cases, 16 Wall. .36; McKay us. Campbell, 2 Sawy. 118; U. S. vs. Harris, 106, U. S. 629; The Civil Rights Cases, 3 Sup. Ct. Rep'r. 18. Statutory Provisions. Indictments to be concurred in by tvsrelve grand jurors. — No indictment shall be found, nor shall any presentment be made with- out the concurrence of at least twelve grand jurors. {Sec. 1021, Rev. Stat. U. S.) Decisions. — The indictment need not allege that twelve jurors concurred in the finding U. S. vs. Laws., 2 Low. 115. Crimes against the elective franchise, ho"w" prosecuted. — All crimes and offenses committed against the provisions of chapter seven, title " Crimes, " which are not infamous, may be prosecuted either by indictment or by information filed by a district attorney. (Sec. 1022, Eev. Stat. U. S.) Form ofindictment for perjury. —In every presentment or in- dictment prosecuted against any person for perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, and by what court, and before whom the oath was taken, averring such court or person to have competent authority to administer the same together with the proper averment to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, or any affidavit, deposition or certificate, other than as lierein before stated, and without setting forth the commission or authority of the court before whom the perjury was committed. (Sec. 5296, Rev. Stat. U. S.) Decisions.— iiee U. S. vs. Babcock, 4 McLean, 113 ; U. S. Wilcox, 4 Blatch., 391 ; U. S. vs. McIIenry, 6 Blatch. 503 ; U. S. v.'i. Nickerson, 17 How 204. 56 Ckiminal Procedure of Indictment for subornation of. — In every presentment or indict- ment for subornation of perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, without setting forth the bill, answer, information, indictment, declara- tion, or any part of any record or proceeding either in law or equity, or any affidavit, deposition, or certificate, and without set- ting forth the commission or authority of the court or person be- fore whom the perjury was committed, or was agreed or promised to be committed. {Sec. 5397, Rev. Stat. U. S.) Decisions.— See U. S. vs. Wilcox, 4 Blatch., 393. Indictment for perjury before a Court-martial. — In prosecu- tions for perjury committed on examination before a naval general court-martial, or for the subornation thereof, it shall be sufficient to set forth the offense charged on the defendant without setting forth the authority by which the court was held, or the particular matters brought before or intended to be brought before said court. (Sec 1023, Rev. Stat. U. S.) Several charges of similar offenses to be joined in one indict- ment. — When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transa-ctions of the same class of crimes or offenses which may be properly joined, instead of having several indictments, the whole may be joined in one indictment in separate counts ; and if two or more indictments are found in such cases, the court may order them to be consoli- dated. {Sec. 1024, Rev. Stat. U. S.) Decisions. — A count for a capital offense and a count for a misdemeanor cannot be included in the same indictment. U. S. vs. Sharp, Peters, C. C. 131 ; U. S. vs. Scott, 4 Biss. 29. Where the several charges are for the same transaction they may be charged in the same indictment in different counts although some of them are disclosed by the statute to be felonies and others are not. IJ. S. vs. Jacobi, 12 Blatch. 491 ; but the indictment must show that the counts refer to " the same act or transaction," or that they are "acts or transactions connected together. " U. S. vs. Scott, 4 Biss. 29. Several counts charging distinct and different felonies committed at different times and places may be joined in one indictment. U. S. vs. Young, 14 Int. Rev. Rec. 14S, s. c. C. L. N. 10; U. S. vs. O'Callahan, 6 McLean, 59G; and several distinct misdemeanors may be joined in different counts in one indict- ment. U. S. v. Devlin, 6 Blatch. 71; IT. S. vs. Porter, 2 Oranch, C. C. GO; offenses of the same character which differ in degree only may be joined. U. S. r.s. Dickenson, 4 McLean, C C. 325; but see U. S. vs. Nye, 4 Fed. Rep'r, 888; U. S. r.s. Scott, 4 Ben. 29; U. S. vs. Bickford, 4 Blatch. 337; see E.r i)arte Hibbs. 26 Fed. Rep'r. 421; the same offense maybe charged in different words in several counts of the same indictment. U. S. vs. Pirates, .5 Wheat. 184; TJ. S. vs. Peter- son, 1 W, & M. 305; U. S. vs. Stetson, 3 W. & M. 164; U. S. vs. Malone, 20 United States Courts. 57 Blatch. 137; counts for subornation of perjury cannot be joined in the same in- dictment with counts for knowingly transmitting false pension papers. U. S. vs. Bickford, 4 Blatch. 337. A person found guilty on several counts may be sentenced under one count, and sentence may be suspended as to the others until the first sentence has been executed. U. S. vs. Blaisdell, 3 Ben. 132. Jury may find guilty. as to one charge, and not guilty as to another, and may find as to one, and be dis- charged from consideration of remainder, on which defendant may be afterwards tried. See. 26, Fed. Kep'r, 421. Indictment not to be deemed insuflBcient for defect of form only. — No indictment found and presented by a grand jury in any district or circuit or other court of the United States shall be deemed insufficient, nor shall the trial, judgment, or other proceed ing thereon be affected by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the defendant. (Sec. 1025, Bev. Stat. U. S.') Decisions. An irregularity in summoning a grand jury is a matter of form- U- S. vs. Tuska, 14 Blatch. 5. If the meaning is apparent, mere mistakes in ex- pressing the substance of the crime will be regarded as defects of form only ; U. S. vs. Jackson, 2 Fed. Rep'r. 522; but an omission to state any part of the description of the crime is a defect of substance, and renders the indictment defective. U. S- vs. Conant, 9 Cent. L.J. 129; 9 Rep'r. 36 ; an indictment which sets forth a paper by description, instead of giving it in haec verba, is bad on motion in arrest of judg- ment. U. S. vs. Noelka, 1 Fed. Rep'r. 426. If a criminal case is remitted from the district court to the circuit court, and there tried upon a certified copy of the in- dictment, the defect, if any, is cured under this section. U. S. vs. McKie, 4 Dill, 1. An indictment must set forth every particular of which the offense consists. U. S. vs. Cruikshank, 92 U. S. 542; U. S. vs. Mills, 7 Pet. 138; TJ. S. vs. Britton, 107 U. S. 655. Joinder of two distinct offenses iu one count is bad. IJ. S. vs. Sharp, 1 Pet. C. C. 131; see U. S. vs. Corbin, 11 Fed. Rep'r. 238. Repugnant Counts. — When an indictment contains repugnant counts the prosecutor may be required to elect which he will proceed on. U. S. vs. Xye, 4 Fed. Rep'r. 888; U. S. vs. Bickford, 4 Blatch. 337; " Did or cause to be done" held not to be defective allegation. U. S. vs. Hull, 14 Fed. Rep. 324; 29 Int. Rev. Rec. 22. Surplussage. — Mere surplussage will not vitiate an indictment. U.S. vs. Howard, SSumn. 12: but nothing properly connected with the offense can be rejected as- surplussage. U. S. vs. Brown, 3 McLean, 233. Caption. — The caption or title is no part of the indictment, and a clerical error therein may be corrected after ver- dict. U. S. vs. Thompson, 6 McLean, 56. The indictment need not allege that twelve jurors concurred in the finding. U. S- tJ.s. Laws, 2 Low. 115. Indictment may be signed by sworn assistant. U. S. vs. Xagle, 8 Rep'r, 772. Name of Dis- trict Attorney need not be written at foot of the indictment. U. S. vs. Mundel, 6 Gall. 245. Conclusion. — What is a sufficient. U. S. vs. Anderson, 2 Paine, 451; U. S. vs. Smith, 2 Mas. 143 ; U. S. vs. Gilbert, 2 Sumn. 19; U. S. cs. Trout, 4 Biss 105; U. S. vs. LaCosta, 2 Mason, 129. Variance, as to name. — A material variance between indictment and evidence as to necessary name is fatal. U. S. vs. Howard, 3 Sumn. 12; U. S. vs. Keen, 1 McLean, 429; Mlho, n&mehv. idem sonnns the variance is immaterial. Donnell i5s. IJ. S., 1 Morris, 141. Time. — Variance as to time of committing offense not material, ex- * 68 Criminal Procedure of cept where time enters into nature of tlie offense. U. S. vs. Bowman, 2 Wash. C. C. 328. The day laid is generally not material, and indictment has been held good where date of offense was laid beyond the statute of limitation. Johnson vs. U. S., 3 McLean, 89; U. S. vs. Grubb, 4 Blatch, 381. Written instruments. — when they should be set out in words and figures. See U. S. vs. Hinman, 1 Baldw. 292; U. S. vs. Britton, 2 Mason, 462. Lost paper.— When the writing is lost, etc., the fact must be given in indictment as a reason for not setting it forth. U. S. vs. Doebler, 1 Baldw. 519. Negative averments. — Where a statute defining an offense contains an exception, in the enacting clause of the statute, which is so incorporated with the language defining the offense, that the ingredients of the offense cannot be ac- curately and clearly described if the exception is omitted, an indictment must allege enough to show that the accused is not within the exception; if the language of the section defining the offense is so entirely separable from the exception that the ingredients constituting the offense may be accurately and clearly defined without any reference to the exception, the indictment may omit such reference. The matter contained in the exception is that of defense and must be shown by the ac- cused. 2 Abb. Nat. Dig. 686; 17 Wall. 167. See 1 Whart. Cr. L. Sec. 378. Judgment on demurrer to indictment. — In every case in any court of the United States, where a demurrer is interposed to an indictment, or to any count or counts thereof, or to any informa- tion, and the demurrer is overruled, the judgment shall be re- spondeat ouster ; and thereupon a new trial may be ordered at the same term, or a continuance may be ordered, as justice may re- quire. (See. 1026, Rev. Stat. U. S.) Plea of not guilty, prisoner standing mute.— When any person in- dicted for an offense against the United States, whether capital or otherwise, upon his arraignment stands mute or refuses to plead or answer thereto, it shall be the duty of the court to enter the plea of not guilty on his behalf, in the same manner as if he had pleaded not guilty thereto. And when the party pleads not guilty, or such plea is entered as aforesaid, the cause shall be deemed at issue, and shall, without further form or ceremony, be tried by a jury. (Sec. 1032, Rev. Stat. U. S.) Decisions. The accused should have an opportunity to plead, and a trial with- out entry of a plea of not guilty is erroneous. Palmer vs. U. S., 1 Wash. 7. The plea of not guilty includes everything essentia,! to put defendant on trial by jury, and after he has entered such plea it is not requisite that he be asked how he will be tried. U. S. vs. Gilbert, 2 Sumn. 19. See generally, U. S. vs. Hare, 2 AVheel. Cr. Gas. 283; U. S. vs. Keid, 12 How. 361. Verdict for less offense than charged — In all criminal causes the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment, or may be found guilty of an attempt to com- United States Courts. 59 mit the offense so charged ; provided that such attempt be itself a separate offense.^ (Sec. 1035, Me v. Stat. U. S.) Decisions. — An indictment charging murder is sufficient upon a verdict of man- slaugliter, if it contain tlie allegations necessary to tlie charge of manslaughter. U. S. vs. Leonard, 2 Fed. Rep'r. 609. Sealed Verdicts. — As to x^ractice in rendering, see U. S. vs. Bridges, 10 Cent. L. J. 7; Doyle vs. U. S., 11 Biss. 100. In a capital case a sealed verdict cannot be received. U. S. vs. Vigol, 2 Dall. 240, note. Sentence may be pronounced during term of finding verdict, or at any subsequent temi by the judge trying the case or by any other judge of same court. U. S. vs. May, 2 McArthur, 512. Verdict against part of several joint defendants.— On an indict- ment against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment may be entered accordingly ; and the cause as to the other defendants may be tried by another jury. (Sec. 1036, Eev. Stat. U. S.) Decisions. — The acquittal of one of two defendants charged with conspiracy together, is an acquittal of both; but if the indictment charged a conspiracy with others unknown, one may be found guilty and the other acquitted. U. S. vs. Hamilton, 8 C. L. N. 211. 60 Criminal Procedure op CHAPTER IX. TRIALS, REIVnSSIONS, COMPROMISES, CONTINUANCES, COLLECTION OF FINES AND COSTS, NEW TRIALS. Constitutional Provisions. Trials to be by jury in State where the crime is cominitted. — The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. {Art. HI. Sec. 2, cl. 3 Con- stitution United States.) Decisions. — See Ex parte Milligan, 4 Wall. 2. This amendment applies only to Federal power. Twichell vs- Commonwealth, 7 Wall. S2L Accused to have speedy trial, be confronted by witnesses, have compulsory process, and counsel for defense. — In all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; ^to have compulsor}' process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (Qth Amendment Constitution United States, ^ See Witnesses. Decisions. — See Walker i-s. Sauvinet, 92 U. S. 90; U. S. rs. Dawson, 15 How. 467 ; In re Bogart, 2 Sawy. 402 ; U. S vs. Cruikshank, 92 TJ. S. 542 ; U. S. vs. Sacramento, 2 Mont. 239 ; Reynolds vs. U. S., 8 Otto, 145. Statutory Provisions. Capital crimes, where tried.— The trial of offenses punishable with death shall be had in the county where the offense was committed, United States Courts. G1 where that can be done without great inconvenience. {Sec. 729, Rev. Stat. U. S.) Decisions. — A party may waive the benefit of this provision, and does so if he goes to trial in another county. U. S. vs. Cornell, 2 Mas. 91 ; Section GGl of Re- vised Statutes may be construed to authorize special sessions in cases punisliable .with deatli in the county where the crime was committed. Idem. A sealed verdict will not be received in a capital case. U. S. vs. Vigol. 2 Dall. .346. Where two or more persons are jointly charged witli capital crime, a separate trial Is in the discretion of the court. U. S. vs. Merchant, 12 Wheat. 480. Offenses on the high seas, where tried.— The trial of all offenses committed upon the high seas, out of the jurisdiction of any par- ticular State, or district, shall be in the district where the offender is found, or into which he is first brought. (Sec. 730, Mev. Stat. U.S.) Decisions. — By being brouglit within the district is meant, brought in legal cus- tody, and not merely being conveyed tliither by the ship in which the offender first arrives. U. S. vs. Bird, 1 Sprague, 299 ; See generally, U. S. vs. Baker, 5 Blatch. 6 ; U. S. vs. Thompson, 1 Sumn. 1G8 ; U. S. vs. Arwo, 19 Wall. 486 ; Ex parte Boll- man, 4 Cranch, 75 ; U. S. vs. Corrie 2-3 Law Rep'r. 14.5 ; U. S. vs. Mingo. 2 Curt. 1 ; U. S. vs. Magill, 4 Dall. 425 ; U! S. vs. Alberty, 1 Hemp. 444. What held to be on the " high seas." See U. S. vs. Seagrist, 4 Bl. C. C. 420 ; U. S. vs. Pirates, 5 Wlieat. 184 ; U. S. vs. Gordon, 5 Blatch. 18 ; U. S. vs- Bevans, 3 Wheat. 336 ; U. S. vs. Furlong, 5 Wheat. 200. Offenses begnn in one district and completed in another where tried. — Whenever any offense against the United States is begun in one judicial circliit and completed in another, it shall be deemed to have been committed in either, and may be tried and punished in the same manner as if it had been actually and wholly com- mitted therein. {Sec. 731, Rev. Stat. U. S.) Decisions. — Offender cannot be tried in one district when offense was complete in another. Ex parte Bollman, 4 Cranch 75 ; U. S. vs. Bird, 1 Sprague, 299 ; U. S. vs. Greiner, 4 Phila. 396 ; Ex parte Buell, 3 Dill. 116 ; see U. S. vs. Bickford, 4 Blatch. 337. An offer of a bribe, made in a letter directed to New York and put in the post office in Philadelphia, is subject to indictment in the district of Pennsylvania, U. S. vs. Worrall, 2 Dall. .384. When a letter containing obscene matter is deposited in a post office, offense is complete, and trial must be had in district where deposited. U. S. vs. Comerford, 25 Fed. Rep'r, 902. Indictments remitted by circuit and district courts to each other. — Whenever the district attorney deems it necessary, any circuit court may, by order entered on its minutes, remit any in- dictment pending therein to the next session of the district court of the same district, where the offense charged in the indictment is cognizable by the said district court. And in like manner any G2 Crtmtn"al Procedure of district coiivt may remit to the next session of tlic circuit court of the same district any indictment pending in the said district court. Anel such remission shall carry with it all recognizances, processes and proceedings pending in the case in the court from which the re- mission is made ; and the court to winch such remission is made shall, after the order of remission is filed therein, act in the case as if the indictment and all other proceedings in the same had been originated in said court. QSec. 1037, Rev. Stat. U. S.) Dechlonf<. — It is not necossiiry to send the original indictment — a certified copy is suflHcient, U. S. ».s. McKee, 4 Dill. 1. A circuit court cannot, of its own motion or on application of defendant, remit an indictment to district court, U. S. vs. Ben- nett, 16 Blatch, oo8. A circuit court may send back a case remitted to it from the district comt under proper circumstances, U. S. us. Murphy, 3 Wall. 049. Indict- ment cannot be remitted after conviction, U. S. vs. Haynes, 26 Fed. Rep'r, 857. The Circuit Court may amend its record after remission to District Court, Kelly vs. U. S., 27 Fed. Rep'r, 616. Remission of difficult cases from district to circuit court. — Any district court may, by order entered on its minutes, remit any in- dictment pending therein to the next session of the circuit court for the same district, when, in the opinion of such district court, difficult and important questions of law are involved in the case ; and thereupon the proceedings in such case shall be the same in the circuit court as if such indictment had been originally found and presented therein. (^Sec. 1038 Mev. Stat. U. S.) Decisions. — An indictment will not be remitted under the provisions of this sec- tion except in cases of manifest and grave importance, U. S. vs. Sullivan, 9 N. Y. Leg. Obs. 193. The indictment may be remitted at a term subsequent to that at which it was returned, U. S. vs. Morris, 1 Curt. 23. All capital cases remitted from district to circuit courts, — Every indictment of a capital offense, presented to a district court, together with the recognizances taken therein, shall, by order en- tered on its minutes, be remitted to the next session of the circuit court for the same district.; and, on the filing of such order and indictment with the clerk of such circuit court, that court shall proceed thereon, in the same manner as if said indictment has been originally found and presented therein. (^Sec. 1039, Rev. Stat. U. S.) Capital cases carried to the Supreme Court. — Whenever a judgment of death is rendered in any court of the United States, and the case is carried to the Supreme Court in pursuance of law, the court rendering such judgment shall, by its order, postpone United States Coukts. G3 the execution thereof from time to time and from term to term, until the mandate of the Supreme Court in the case is received and entered upon the records of such lower court. In case of affirm- ance by the Supreme Court, the court rendering the original judg- ment shall appoint a day for the execution thereof ; and in case of reversal, such further proceeding shall he had in the lower court as the Supreme Court may direct, (See. 1040, Hev. Stat. U. S.) Compromises. — The Commissioner of Internal Revenue, with the advice and consent of the Secretary of the Treasury, may com- promise any civil or criminal case arising under the internal-reve- nue laws instead of commencing suit thereon ; and with the ad- vice and consent of the said Secretary and the recommendation of the Attorney-General, he may compromise any such case after a suit thereon has been commenced. Whenever a compromise is made in any case there shall be placed on file in the office of the Commissioner the opinion of the Solicitor of Internal Revenue, or of the officer acting as such, with his reasons therefor, with a state- ment of the amount of tax assessed, the amount of additional tax or penalty imposed by law in consequence of the neglect or de- linquency of the person against whom the tax is assessed, and the amount actually paid in accordance with the terms of the com- promise. {Sec. 3229, Rev. Stat. U. S.) Decisions. — Fines and judgments on convictions for public offense cannot be compromised under the provisions of section 3469 Rev. Stat. U. S. , U. S. vs. George, 6 Blatch. 406 ; 12 Opins. Atty.-Geu'l, 543 ; nor under the provisions of Sec. 3229 — tlie power to compromise, under that section, ceases as soon as the judgment in the suit or proceeding is rendered. 13 Opins. Atty.-Gen'I, 479. Remission of fines. — The Secretary of the Treasury is author- ized to prescribe such rules and modes of proceeding to ascertain the facts upon which an application for a remission of a fine, penalty or forfeiture is founded, as he deems proper, and, upon as- certaining them, to remit the fine, penalty or forfeiture, if, in his opinion, it was incurred without willful negligence or fraud, in either of the following cases : First. If the fine, penalty or for- feiture was imposed under the authority of any revenue law, and the amount does not exceed one thousand dollars. Second. Where the case occurred within either of the collection- districts of the States of California or Oregon. Third. If the fine, penalty or forfeiture was imposed under au- thority of any provisions of law relating to the importation of merchandise from foreign contiguous territory, or relating to 64 Criminal Pkocedurk of manifests for vessels enrolled or licensed to carry on the coasting- trade on the northern, northeastern and northwestern frontiers. Fourth — Repealed. Fifth. If the fine, penalty or forfeiture was imposed by autliority of any provisions of law for levying or collecting any duties or taxes, or relating to registering, recording, enrolling, or licensing vessels, and the case arose within the collection-district of Alaska, or was imposed by virtue of any provisions of law relating to fur- seals upon the islands of Saint Paul and Saint Geoi^ge. {Sec. 5293, Rev. Stat. U. S.) Discontinuances. — No discontin.uance or nolle prosequi of any prosecution under section three thousand two hundred and fifty- seven shall be allowed without the permission in writing of the Secretary of the Treasury and the Attorney-General (Sec. 3230, Rev. Stat. U. S.) Note. — Sec. .3257 of the Revised Statutes referred to above Imposes a fine of five thousand dollars and imprisonment not less than six months nor more than three years iipon distillers defrauding or attempting to defraud the United States of tax on distilled spirits. Decisions. — As to power of District Attorney, to enter noi^e proseqvi, see U. S. vs. Stowell, 2 Curt. 153 ; U. S. vs. Watson, 7 Blatch. 60 ; U. S. vs. Corrie, 23 Law. Eep'r. 145 ; U. S. vs. Ingersoll, Crabbe, 135. Causes not discontinued by arrival of new term. — When the trial or hearing of any cause, civil or criminal, in a circuit or dis- trict court, has been commenced and is in progress before a jury of the court, it sliall not be stayed or discontinued by the arrival of the time fixed by law for another session of said court ; and the court may proceed therein and bring it to a conclusion, in the same manner, and with the same effect as if another stated term of the court had not intervened. (See. 746, Rev. Stat. U. S.) Continuances. — It shall be lawful for any court in which any suit or criminal proceeding arising under the internal revenue laws may be pending, to continue the same at any stage thereof, for good cause shown on motion by the district attorney. (Sec. 3231 Revised Statutes of United States.) Costs of prosecution. — When judgment is rendered against the defendant in a prosecution for any fine or forfeiture incurred under a statute of the United States, he shall be subject to the i^a}'- ment of costs ; and for every conviction for any other offense not capital, the court may, in its discretion, award that the defendant Unitkd States Courts. 65 shall pay the costs of the prosecution. {Sec. 974, Rev. Stat. U. S.) Judgments for fines, how collected. — In all criminal or penal causes in which judgment or sentence has been or shall be render- ed, imposing the payment of a fine or penalty, whether alone or with any other kind of punishment, the said judgment, so far as the fine or penalty is concerned, may be enforced by execution against the property of the defendant in like manner as judg- ments in civil cases are enforced; provided, that where the judg- ment directs that the defendant shall be imprisoned until the fine or penalty imposed is paid, the issue of execution on the judgment shall not operate to discharge the defendant from imprisonment until the amount of the judgment is collected or otherwise paid. (Sec. 1041, Bev. Stat, U. S.) Decisions. — It is within tlie discretion of the court to order the imprisonment of a party sentensed to pay a fine until tlie fine is paid. Ex parte Jackson, 96 U. S. 627 ; U. S. vs. Eobbins, 15 Int. Rev. Ree. 155 ; if notliingis said in tlie judgment con- cerning the mode of enforcing it, the district attorney at his election may issue a fi. fa. or a ccqyias pro fine ; if the judgment provides for afl. fa., a capias jvofine can- not be issued ; but if the judgment provides that the party shall stand com- mitted until the fine is paid, a capias pro fine may issue. £'x 2:»arie Teuscher, 23 Int. Rev. Eec. 202. Discharge of poor convicts.— When a poor convict, sentenced by any court of the United States to pay a fine, or fine and cost, whether with or without imprisonment, has been confined in prison thirty days, solely for the non payment of such fine, or fine and cost, he may make application in writing to any commissioner of a United States court in the district where he is imprisoned, setting forth his inability to pay such fine, or fine and cost, and after no- tice to the district attorney of the United States, who may appear, offer evidence and be heard, the Commissioner shall proceed to hear and determine the matter; and if on examination it shall appear to him that such convict is unable to pay such fine, or fine and cost, and that he has not any property exceeding twenty dol- lars in value, except such as is by law exempt from being taken on execution from debt, the commissioner shall administer to him the following oath : " I do solemnly swear, that I have not any property, real or personal, to the amount of twenty dollars, except such as is by law exempt from being taken on civil precept for debt by the laws of (State where oath is administered ), and that I have no property in any way conveyed or concealed, or in ii\)y 66 Criminal Pkoceduke of way disposed of, for my future use or benefit. So help me God." And thereupon such convict shall be discharged, the commissioner giving to the jailer or keeper of the jail a certificate setting forth the facts. (Sec. 1042, Bev. Stat U. S,) ^o;(,,_Si,nilar provision for the discliarge of poor convicts is made by section 529G, n. S. New trials. — All of the said courts shall have power to grant new trials in cases where there has been atrial by jury, for reasons for which new trials have usually been granted in the courts of law. {Sec. 726, Rev. Stat. U. S.) Decisions. — It is within the discretion of the court to grant a new trial for ir- regularity in conduct of juror.— U. S. vs. Gilbert, 2 Sumn. 19 ; U. S. vs. Gillies, Pet. C. Ct. 159 ; 3 Wheel. Cr. Cas. 308. See generally, U.S. vs. Brent, 17 Int. Kev. Rec. 54 ; U. S. vs. Harding, 1 Wall. Jr. 127 ; U. S. vs. Smith, 3 Blatch, 255 ; U. S. vs. Fries, 3 Dall. 515. U. S. vs. Conner, 3 McLean, 573 ; U. S. vs. Harding, 1 Wall. Jr., 127 ; U. S. vs. Macomb, 5 McLean, 286 ; and in capital cases, U. S. vs. Keen, 1 McLean, 429; U. S. vs. Campbell, 4 Cranch. C. C. 568 ; but see U. S. vs. Gilbert, 2 Suran. 19. Grounds for new trial. — Improperly excluding evidence, IT. S. vs. De Quilfelat, 5 Fed. Eep'r, 276 ; 11 Rep'r, 255. Error in instructing jury.— U. S. vs. Beaty Hemp. 487. Misconduct or irregularity of jurors.— U. S. vs. Doubner, 17 Fed. Eep'r, 793 ; U. S. vs. Salentine, 8 Biss. 404. Newly discovered evidence.— U. S. vs. Cornell, 2 Mas. 91 ; U. S. vs. Smith, 1 Sawy. 277 ; U. S. vs. Potter, 6 McLean, 182. Motion for new trial will not be entertained at subsequent term. — U. S. vs. Simmons, 14 Blatch. 473. Parties may plead their own cause or be represented by coun- sel.— In all the courts of the United States the parties may plead and manage their own causes personally, or by the assistance of such counsel or attorneys-at-law as by tlie rules of said courts re- spectively, are permitted to manage and conduct causes therein. (Sec. 747, Bev. Stat. U. S.) Unitkd States Coukts. 67 CHAPTER X. HABEAS COIIPUS. Privilege not to be suspended, unless, etc. — The privilege of the writ of liabeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. (Clause 2 of Section 9, Article Z, Constitution Uiiited States.) Decisions. —Ex parte Merrjman, Taney, 246; 9 Am. L. Reg. 524; McCall vs. McDowell, 1 Abb. U. S. 212 ; Ex parte Field, 5 Blatcb, 63 ; Be Dunn, 25 How. Pr. 467 ; Ex parte Milligan, 4 Wall. 2 ; Re Fagan, 2 Sprague, 91. Power of courts to issue writs of. — The Supreme Court and the circuit and district courts shall have power to issue writs of habeas corpus. (Sec 751, He v. Stat. U. /S'.) Decisions. — The writ may issue from the Supreme Court to release one imprisoned under sentence of an inferior U. S. court. U. S. vs. Hamilton, o Dall. 17; Ex parte Lange, 18 Wall. 163 ; Ex parte Siebold, 100 U. S. 371 ; Ex parte YirgmiSi, 100 U. S. oOD. The power to issue the writ is vested by this section in all the courts of the United States. Ex parte Bollman, 4 Cranch. 75 ; Ex parte Milligan, 4 Wall. 2. The circuit and district courts of the United States have power to exercise jurisdiction by means of the writ in all controversies to which the judicial power of the U. S. extends. In re Turner, 1 Abb. C. C. 84 ; Bennett vs. Bennett, 1 Deady 300 ; Ex parte Des Rochers, 1 Mc All, 68 ; Ex parte Joseph Smith, 3 McLean 121 ; U. S. vs. Williamson, 4 Am. Law. Reg. 5. Wliere the parties arc citizens of different states the writ may issue to determine the right as to the custody of a child. Bennett vs. Bennett, 1 Deady, 300 ; Contra, ex 2)arte Barry, 7 Law. Rep'r, 374 ; Ex parte Everts, 1 Bond 197 ; It may issue to re- lease party imprisoned umh^r sentence of court-marshal. Meade vs. Deputy Marshal, 1 Brock, 324 ; or to inquire into the validity of an enlistment in the mili- tary service. Exjyarte Schmied, 1 Dill. 587 ; U. S. vs. Anderson, Cooke, 143 ; and in extradition cases. Ex parte McKean, 3 Hughes, 23 ; Ex parte Kaine, 3 Blatch 1 • In re Stupp. 12 Blatch. oOL The writ may issue although the party is not in jail and there has been no formal commitment. Jn re Emmet McDonald, 1 Low, 100* and though party was arrested under civil process. In re Snow, 3 W. & M. 430 • Ex parte M. D. Rearden, 2 Cranch C. C. 739 ; Ex parte Randolph, 2 Brock. 447. See Wilson vs. Marshal, 1 Cranch C. C. 008 ; Ex parte Wilson, 6 Cranch. 52. The writ may issue where the prisoner is in custody under conviction and sentence. 7)1 re, Greathouse, 4 Saw. 487; S. C. 2 Abb. U. S. 382.— See further decisions under Sec. 753. 68 CuniiXAL Procedure or The writ cannot issue to release a person commiftcd nnder State authority, ex- cept as provided in Sec. 7o3, liev. Stat. U. S. Ex parte Cabrera, 1 Wash. 232 ; Ex parte Dorr, 3 How. 103. The Supreme Court cannot discharge a person impris- oned under sentence of district or circuit court unless sentence exceeds the jvuis. diction of that court, or there is no authority to hold the prisoner under the sentence. Exjyarte Wilson, 114 U. S. 417. A 7ninor enlisted into the army with- out written consent of his parents will be released under the writ. In re Baker, 23 Fed. Kep'r, .30. Any judge or court having a right to issue the writ may inquire into the jurisdiction of a court to try a case. U. S. vs. Eogers, 23 Fed. RepV, 6.38. A person held in custody imder an unconstitutional city ordinance will be dis- charged under the writ. The Stockton Laundry case, 26 Fed. Rep'r, Gil ; In re Tie Loy, Idem. See In re Wo. Lee, 26 Fed. Rep'r, 471. Power of judg-es to grant the writ. — The several justices and judges of the said courts, within tlieir respective jurisdiction, shall have power to grant writs of habeas corpus for the purpose of an in- quiry into the cause of restraint of liberty. {Sec. 752, Rev. Stat. U. s.-) Decisions. — A justice of the Supreme Court may issue the writ and dispose of the case anywhere within the United States. Ex parte Clark, 100 U. S. 399. If a justice of the Supreme Court issues the writ in chambers he cannot adjourn the case to be disposed of in the Supreme Court. Ex parte Kaime, 14 How. 103 ; and if the Avrit issues from the Supreme Court it cannot be made returnable before a judge at chambers. Idem. "Where prisoner is in jail. — The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States, or is com- mitted for trial before some court thereof ; or is in custody for an act done or omitted in pursuance of a law of the* United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the constitution or of a law or treaty of the United States ; or, being a suljject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, antliority, privilege, protection or execution claimed under the commission, or order, or sanction of any foreign state, or under color tliereof, the validity and effect whereof depend upon the law of nations ; or unless it is necessary to bring the prisoner into court to testify. {Sec. 753, Rev. Stat. U. S.) Decisions. — The writ may issue to release a person committed under State au- thority where it appears that the imprisonment is for an act done in pursuance of Federal authority. In re Veretemaitre, 13 Law, Rep'r, 608 ; Ex parte Mc Cann, 14 Am. Ijaw. Reg. 158 ; Ex jyarte Dorr. 3 How. 103 ; In re Bull, 4 Dill. 323 ; as in case of a Federal court officer. In re Farrand, 1 Abb. U. S. 140 ; In re Neill, 8 Blatch. 156 ; Ex parte Robinson, 6 McLean, 355 ; jExparfeSifford, 5 Am. Law\ Reg. 659 ; Ex parte Robinson, 1 Bond, 39; Ex parte Jenkins, 2 Wall. Jr. .521; U. S. vs. United States Courts. 69 Morris, 2 Am. Law. Reg. 34S ; or a person charged under a State law for murder committed wliile executing a Federal writ. U. S. v.i. Jailer, 2 Abb. U. S. 205; or a person charged under a State statute for an act done while serving Federal process. U. S. vs. Morris, 2 Am. Law; Reg. 348; or a person convicted in a State court for an act done while in the military service of the United States. Coleman vs. Tennessee, 97 U. S. 509; or a district attorney or marshal committed by a State court for contempt in failing to appear instanter in obedience to a subpcjena. Ex parte Turner, 3 Woods, 603. It may issue where a person is imijrisoned under a State law that is unconstitutional. Ex parte McCready, 1 Hughes, 598; even after conviction. In re Wong Yung Quy, 2 Fed. Hep. 624. An agent appointed by a Governor of a State to make demand upon the Governor of another State for a fugitive from justice is entitled to the protection of the writ if arrested for an act done by him as such agent. Ex parte Titus, 8 Ben. 41 ; a person indicted in a State court for kid- napping, or acting as messenger to secure fugitive from justice, is entitled to the benefit of the writ. U. S. vs. McClay, 23 Int. Eev. Eec. 80. So a person convicted of perjury in a State court committed before an officer of the United States. Ex parte Bridges, 2 Woods, 428; Brown vs. U. S. 2 Cent. Law Jour. 308; or a supervisor of elections who is arrested under State authority for acts done in discharge of his duties. Ex parte Geissler, 4 Fed. Eep'r, IS'8; 9 Biss. 492; or a person who is im- prisoned for a crime committed under the exclusive jurisdiction of the United States. Ex parte laXem, 1 Hughes 588; The court may go behind the process of the State court and inquire into the cause of commitment. Ex parte Sifford, 5 A. L. R. 659; Ex jnirte Jenkins, 2 Wall. Jr. 521. The power vested in the courts of the United States by this section to arrest the arm of the State authorities is one of delicacy, and should be exercised only when justice demands. Ex parte Thomp- son, 24 Am. Law Reg. 522. A person arrested under a warrant of extradition from one State to another is " in custody under or by color of the authority of the United States," and the U. S. courts have jurisdiction to inquire by habeas corpus into and determine the legality of the same. Doo Woon, 18 Fed. Rep'r, 898; Be Kaine, 10 N. Y. Leg. Obs. 257; 14 How. 103, Ex parte Morg^in, 20 Fed. Rep'r, 298. See Be Hoyle, 1 Cr. L. Mag. 472; Ex parte McKeen, 3 Hughes, 23. As to cases when the WTit may issue by Federal authority, see generally Ex parte Cabrera, 1 Wash. 232; ^x parie Touch- man, 1 Hughes, 601; Brown vs. U. S. 2 Am. L. T. U. S. 464; I?eLeeTong, 18 Fed. Rep'r, 253. U. S. vs. Rector, 5 McLean, 174 ; Be Bull, 4 Dill. 823 ; Be Engle, 1 Hughes 571 ; Ramsey vs. Jailer, &c., 2 Flippin, 451 ; Be Taylor, 25 Int. Rev. Bee. .321 ; Be Ah Lee, 5 Fed. Rep'r, 399 ; Ex parte Clark, 100 U. S. 399 ; Ex parte Hung Hang, 108 U. S. 552 ; Ex parte Robinson, 6 McLean, 355 ; Ex parte Royall, 117 U. S. 241, 254 ; Ex parte Fonda, 117 U. S. 241. Application for the writ. — Application for a writ of habeas cor- 2ms shall be made to the court, or justice, or judge authorized to issue the same, by complaint in writing, signed by tlie j^erson for whose relief it is intended, setting forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or authority, if known. The facts set fortli in the complaint shall be verified by the oath of the per- son making the application. {Sec. 754, Rev. Stat. U. S.) Decisions. — The writ will not issue as a matter of course on application, but it must be made to appear that the party is detained against his will and without 70 Criminal Procedure of lawful authority, aud is entitled to relief. In re Keeler, Hemp. 306; Ex parte Davis, 14 Law Rep' r 301; Ex parte MUhmn, 9 Pet. 70-1; U. S. vs. Lawrence, 4 Wash. C. C. 518; Ex parte Winder, 2 Cliff. 89. The writ may sometimes issue at the instance of a third party, hire Hoyle, 9 Am. Law Rec. 65; Ex parte Des Rochers. 1 McAll. 68. A wife may apply for the writ. In re Farrens, 3 Ben. 142. It is doubtful whether the writ can be used to transfer a prisoner against his will on application of person claiming his custody. In re Hoyle, 9 Am. Law Rec. 65; S. C. 12 Chic. Leg. News. 279. If the party detained is under commitment he must pro- duce copy thereof or an affidavit that the sheriff refused him a copy. In re Harri- son, 1 Cranch. C. C. 159; U. S. vs. Bollman 1 Cranch. C. C. 373. The application must be made under oath taken before some one of whom judicial notice will be taken as qualified to administer oaths, or who is shown to be such by proper evidence. In re Keeler, Hemp. 306. Allowance and direction of the -writ. — The court, or justice, or judge to whom such application is made shall forthwith award a writ of habeas eorjnis, unless it appears from the petition itself that the party is not entitled thereto. The writ shall be directed to the person in whose custody the party is detained. (^Sec. 755 Bev.Stat. U. S.~) Decisions. — The writ will not be issued as a matter of course, but whether it shall issue or not de^iends uiDon the facts presented in the petition. Ex parte Kin- ney, 3 Hughes 9. If the petitioner sets out facts in his petition necessary to give jurisdiction the writ must issue, and the truth or falsity of the facts be determined at the hearing. Ex imrte Hayne, 9 Chic. Leg. News 106. The court may ehter a rule to show cause, instead of directing the writ to issue. Ex parte Milburn, 9 Pet. 704. If it appears from the petition that the party is rightfully committed or detained the court may refuse the Avrit. Ex2'>arte Watkins, 3 Pet. 193; U. S. vs. Lawrence, 4 Wash. C. C. 518; Ex parte Milligan, 4 Wall. 2; and where the com- mitment is regular the writ will not issue on the ground that party was insane when he committed the offense. U. S. vs. Lawrence, 4 Wash. C. C. 518. Time of return. — Any person to whom such writ is directed shall make due retui-n thereof within three days thereafter, unless the party be detained beyond the distance of twenty miles ; and if beyond that distance and not beyond a distance of a hundred miles, within ten days ; and if beyond a distance of a hundred miles, witliin twenty days. (^See. 756, Rev. Stat. U. S.') Decision. — If the party to whom the writ is directed fails to make a return, an attachment may be issued without alias or j^luries writ. L^. S. vs. Bollman, 1 Cranch. C. C. 373. Form of return. — The person to whom the writ is directed shall certify to the court, or justice, or judge, before whom it is return- able the true cause of the detention of such jja-rty. (^See. 757, Mev. Stat. U. S.) Decisions. — The party to whom the writ is directed should sign the return. Seavy vs. Sejnnour, 3 Cliff. 439; and if he makes a false or evasive return he may be United States Courts. 71 committed for contempt. U. S. vs. Davis, 5 Crancli. C. C. 622; U. S. vs. William- son o Am. Law Keg. 729; S. C. 4 Am. Law Reg. 5; he can not file a petition deny- ing the detention. Idem. Body to be produced — The person making the return shall at the same time briiig the body of the party before the judge who granted the writ. (Sec. 758, Jlev. Stat. JJ. S.} Decisions. —Fending examination the prisoner is detained under authority of the writ, and may be bailed from day to day or remanded to jail. Ex parte Kaine, 14 How. 103. If the party is brought under a writ of habeas corpus ad testificandum to State officer, he will be remanded to such State officer's custody. In re Hamil- ton, 1 Ben. 45.5. Prisoner cannot be arrested under a second warrant while in custody under the writ. In re Farez, 7 Blatcli. 34.5. Simply declaring that the prisoner is not in the custody or control of the party to whom the writ is directed is not sufficient, the return must, as far as possible, disclose Avhat has become of the prisoner and state the material facts. U. S. vs. Williamson, 4 Am. Law Keg. 5 ; XJ. S. vs. Green, 3 Mason, 482. Day for hearing- — When the writ is returned, a day shall be set for the hearing of the cause, not exceeding five days thereafter, unless the party petitioning requests a longer time. ( Sec. 759, Hev. Stat. U. S. Denials of return. — The petitioner or the party imprisoned or re- strained may deny any of the facts set forth in the return, or may allege any other facts that may be material in the case. Said de- nials or allegations shall be under oath. The return and all sug- gestions made against it may be amended, by leave of the court or justice, or judge, before or after the same are filed, so that there- by the material facts may be ascertained. {Sec. 760 liev. Stat. U.S.') Decisions. — The question of the identity of the prisoner is always open on habeas corpus. In re Leary, 10 Ben. 193 ; no pleading is required after traverse to the retiu-n. Idem. Summary hearing. — The court, or justice, or judge shall proceed in a summary way to determine the facts of the case, by hearing the testimony and arguments, and thereupon to dispose of the party as law and justice require. (^Sec. 761, liev. Stat. U. S. Decisions. — If the party be held under the sentence of a court that had jurisdic- tion, he cannot be discharged merely for errors in the proceeding. Johnson vs. U. S., 3 McLean, 89; Ex parte Tarks, 93 U. S. IS; In re Callicott, 8 Blatch. 89; Ex parte Siebold, 100 IT. S. 371; Ex parte, Watkins, 3 Pet. 193; Ex parte Shaffen- burg, 4 Dill. 271. A party committed for contempt of court cannot be released luider the writ. E'x par^e Kearney, 7 Wheat. 98. The decision of a committing magistrate is not final, but may be inquired into under the writ. Ex parte Geiss- ler, 13 Chic. Leg. News, 59, S, C. 4 Fed. Rep. 188; U. S. vs. .Johns, 4 Dall. 412; In re Farez, 7 Blatch. 345; Ex j>arte Kaine, 10 N. Y. Leg. Obs. 257 ; In re Mar- tin, 5 Blatch. 303 ; Ex parte Bennett, 2 Cranch. C. C. 612; Ex parte Van Aernam, 72 Crimixal Procedure of 3 Blatcli. 160; In re McDonnell, 11 Blatcli. 79; In re Walil, 15, Blatch. 334; In re Stupp, 12 Blatcli. 501; In re Veretremaitre, 9 N. Y. IjCg. Obs. 137; In re Heilbron, 12 N. Y. Leg. Obs. 65; In re Heimrich, 5 Blatch. 414; In re Wiegand, 14 Blatcb. 370; In re Fowler, 4 Fed. Eep'r, 303; Ex parte Davis, 14 Law Kep'r, 301; Ex parte Lange, 18 Wall. 163; Ex parte Eandolpli, 2 Brock, 447; Ex parte Siebold, 100 U. S. 371; Be Byron, IS Fed. Rep'r, 722. The discharge under the writ releases the prisoner from further confinement luider the process on which he is imprisoned, but not from other process which may be issued under the same indictment. Ex parte Milbnrn, 9 Pet. 704. The Supreme Court may, on habeas corpus, discharge a prisoner from con- finement luider a criminal sentence of an inferior L". S. court which is wholly "without jurisdiction, but not because the sentence was erroneous. Ex parte Yav- braugh, 110 U. S. 651. The Supreme Court cannot discharge on- habeas corpus a person imprisoned under the sentence of a circuit or district court in a criminal case, unless the sentence exceeds the jurisdiction of that court, or there is no au- thority to hold the prisoner under the sentence. Ex parte AYilson, 31 Int. Kev. Rec. 224; 114 U. S. 417. In cases involving the law of nations. — When a writ of habeas corpus is issued in the case of any prisoner who, being a subject or citizen of a foreign State and domiciled therein, is committed or confined or in custody, by or under the authority or law of any one of the United States, or process founded thereon, on account of any act done or omitted under any alleged right, title, au- thority, privilege, protection or execution claimed under the com- mission or order or sanction of any foreign State, or under color thereof, the validity and effect whereof depend upon the law of nations, notice of the said proceedings to be prescribed by the court or justice or judge at the time of granting said writ shall be served on the attorney-general or other officer prosecuting the pleas of said State, and due proof of such service shall be made to the court or justice or judge before the hearing. (^Sec. 762, Rev. Stat. U. jS.) Appeals to Circuit Court. — From the final decision of any court, justice, or judge inferior to the circuit court, upon an application for a writ of habeas corjnis, or upon such writ when issued, an appeal may be taken to the circuit court for the district in which the cause is heard, — 1. In the case of any person alleged to be restrained of his liberty in violation of the constitution or of any law or treaty of the United States. 2. In the case of any prisoner, being a subject or citizen of a foreign State, and domiciled therein, is committed or confined or in custody by or under the authority or law of the United States, or of any State, or process founded thereon, for or on account of United States Courts. 73 any act done or emitted under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the commission, order or sanction of any foreign State or Sovereignty, tlie validity and effect whereof depend upon the law of nations, or under color thereof. (^Sec. 763, JRev. Stat. U. S.') Decision. — No appeal lies to the circuit court from a decision of the district court on an application for tlie writ except in cases provided for in tliis section, and in such cases the circuit court can re-examine tlie decision only on evidence intro- duced in the distric . court, except where competent evidence was offered and im- properly excluded. Seavey vs. Seymour, 3 Cliff. 439. Appeal to Supreme Court. — From the final decision of such circuit court an appeal may be taken to the Suj)reme Court in the cases described in the preceding section. (^Sec. 764, Mev. Stat. U. S. as amended hy Act of 3farch Srd, 1885, 23 Stat, at L. 437.) Decision. — The Act of 1885 restored to Supreme Court appellate jurisdiction in habeas corpus cases over decisions of U. S. circuit court. Wales vs. Whiting, 114 U. S. 564. Appeals, ho-w taken. — The appeals allowed by the two preced- ing sections shall be taken on such terms and under such regula- tions and orders, as well fdr the custody and appearance of the person alleged to be in prison or confined, or restrained of his liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus, return thereto, and other pro- ceedings as may be prescribed by the Supreme Court, or in default thereof, by the court or judge hearing the cause. (*S'ec. 765, Hev. Stat. U. S.') Decisions. — The appeal must be in writing, and filed with the clerk, and when the bond is afterwards given the appeal is perfected. Winslow vs. Wilcox, 12 Fed. Rep'r. 352. If the appeal be taken in open court during the term at which the decree was entered citation is not required ; otherwise if it be taken at a sub- sequent term, and though the appeal will not be dismissed, terms will be imposed upon the appellant. Eailroad Co. vs. Blair, 100 U. S. 661; Dayton vs. Lash, 94 U. S. 112. Pending- proceeding's, action by State authority void — Pending the proceedings or appeal in the cases mentioned in the three preced- ing sections, and until final judgment therein, and after final judg- ment of discharge, any proceeding against the person so imprisoned or confined or restrained of his liberty, in any State court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under 74 Criminal Pbocedure of such WTit of habeas corpus, shall be deemed null and void. Sec. 766, Rev. Stat. U. S.) Decisions. — When a person is in custody, under process from a State court of ori- ginal jurisdiction, for an alleged offense against the laws of such State, and it is claimed that he is restrained of his liberty in violation of the Constitution of the United States, the circuit court of the United States has a discretion whether it will discharge him in advance of his trial in the court in Avhich he is indicted ; but this discretion should be subordinated to any special circimistances requiring immediate action. After conviction of the accused in the State court, the circuit court has stiJl a discretion whether he shall be put to his writ of error to the highest court of the State, or whether it will proceed by writ of habeas corpus sununarily to deter- mine whether he is restrained of his liberty in violation of the Constitution. Ex parte Eoyall, 117 U. U. 241; idem 254. A petition for a writ of habeas corpus al- leged that the petitioner had been convicted in a circuit coiu-t of the State of Michigan of embezzling the funds of a National Bank, and set forth various reasons why the conviction should be held to be in contravention of the Constitution and Laws of the United States ; but it showed no reason why the State supreme court might not review the judgment, or why it should not be permitted to do so without interfer- ence by the courts of the United States: Held, that leave to file the petition should be denied. Ex parte Fonda, 117 U. S. 516. United States Courts. 75 CHAPTER XI. EXTKADITION. Fugitives from the justice of a foreig-n country. — Whenever there is a treaty or convention for extradition between the gov- ernment of the United States and any foreign government, any justice of the Supreme Court, circuit jndge, district judge, commis- sioner, authorized so to do by any of the courts of the United States, or judge of a court of record of general jurisdiction of any State, may, upon comphdnt made under oath, charging any person found witliin the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evi- dence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the projier authorities of such foreign government, for the surrender of such person according to the stipulations of the treaty or con- vention ; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made {Sec. 5270 Rev. Stat. U. S.) Note. — See Revised Statutes Relating to the District of Columbia and Post Roads Public Treaties, where is given in the index, title Extradition, a list of of the crimes for which fugitives from justice may be delivered up under respective treaties with foreign governments. See same work for treaties in full force Dec. 31, 1873. For subsequent treaties see — with Spain, 19 Stat. L. G50; 22 Stat. L. 991; with Belgium. 18 Stat. L. 804; 22 Stat. L. 972; with Luxemburg, 28 Stat. L. 808; with Ottoman Empire, 19 Stat. L. .572; with the Netherlands, 21 Stat. L. 701, 775. Decisions. — See generally as to points of pratice. Ex parte Lane, 6 Fed. Rep'r, 34. In re Heinrich, .5 Blatch. 425; In re Farez, 7 Blatch. 345; S. C. 2 Abb. U. S. 34G; In 7u Ckimixal Procedure of re Kaiue, 1-t How. 103; 6 Opin. Atty. -Gen. 91; ^.c par ie Van Aemim, 3 Blatch. 160; Case of Jose Ferreirados Santos, 2 Brock., 493; U. S. vs. Davis, 2 Sumn., 92; The British Prisoners, 1 Wood & M., 60; In re Joseph Stupp, 11 Blatch. 124; In re Thomas, 12 Blatch. 370; In re Giacomo, 12 Blatch., 391; In re Stupp, 12 Blatch., 501; U. S. vs. Lawrence, 13 Blatch. 205; In re Ileilborn, 1 Parker, C. E. 429; 7 Opin. Atty.-Gen. 6; 10 Opin. of Atty. -Gen. 501; Widerman's Case, 12 Jurist U. S. 536; Clark on Extrad., 87; Wh. Con. of L., § 972; Roberts vs. Pvcilly, 116 U. S. SO: In re Kelly, 25 Fed. Eep'r, 26S; 26 Fed. Rep'r, 852; Ex, parte Hibbs. 26 Fed. Eep'r, 421. Evidence on tlie hearing-. — In every case of complaint and of a hearing upon the return of a warrant of arrest, any depositions, warrants or other papers offered in evidence, shall be admitted and received for the purpose of such hearing if they shall be prop- erly and legally authenticated so as to entitle them to be received as evidence of the criminality of the person so apprehended, by the tribunals of the foreign country from which the accused party shall have escaped, and copies of any such depositions, warrants^ or other papers, shall, if authenticated according to the law of such foreign country, be in like manner received as evidence ; and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any such deposition, warrant or other paper, or copy thereof, is authenticated in the manner required by this section. {Sec. 5271, Bev. Stat. U. S.) Note. — This section has been in part repealed by Act of August 3, 1882, 22 Stat. L. 216— Cited below. Subpoena of witnesses for defense — Be it enacted., etc. Sec. 3. That all hearings in cases of extradition under any treaty stipula- tion or convention shall be held on land, publicly, and in a room or office easily accessible to the public, * * * That on the hear, ing of any case under a claim of extradition by any foreign gov- ernment, upon affidavit being filed by the person charged • setting forth that there are witnesses whose evidence is material for his defence, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or commissioner before whom such claim for extradition is heard may order that such witnesses be subpoenaed : and in such case the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner that similar fees are paid in the case of witnesses subpoenaed in behalf of the United States. United States Courts. 77 Witness fees costs, etc., how aid. — Sec. 4. That all witness fees and costs of every nature in cases of extradition, including the fees of the commissioner, shall be certified by the judge or com- missioner before whom tlie hearing shall take place to the Secre- tary of State of the United States, who is hereby authorized to allow the payment thereof out of the appropriation to defray the expenses of the judiciary ; and the Secretary of State shall cause the amount of said fees and costs so allowed to be reimbursed to the government of the United States by the foreign government by whom the jn'oceedings for extradition may have been instituted. Evidence on the hearing. — Sec. 5. That in all cases where any depositions, warrants, or other papers or copies thereof shall be offered in evidence upon the hearing of any extradition case under Title Sixty-six of the Revised Statutes of the United States, such depositions, warrants and other papers, or the copies thereof, shall .be received and admitted as evidence on such hearing, for all the purposes of such hearing, if they shall be properly and legally au- thenticated so as to entitle them to be received for similar pur- poses by the tribunals of the foreign country from Avhich the accused party shall have escaped, and the certificate of the prin- cipal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any deposition, warrant or other paper or copies thereof, so offered, are autlienticated in the manner required by this act. Repeal in part of Sec. 5271, Rev. Stat. U. S. — Sec. 6. The act approved June nineteenth, eighteen liundred and seventy -six, en- titled " An act to amend section fifiy-two hundred and seventy- one of the Revised Statutes of the United States," and so much of said section fifty-two hundred and seventy-one of the Revised Statutes of the United States as is inconsistent with the provisions of this act, are hereby repealed. (Act of August 3i 1882, 22 Stat. L. 215.) Surrender of the fug-itive. — It shall be lawful for the Secretary of State, under his hand and seal of office, to order the person so committed to be delivered to such person as sliall be authorized, in the name and on behalf of such foreign government, to be tried for the crime of which such person sliall be so accused, and such person shall be delivered up accordingly ; and it shall be lawful for the person so authorized to liold such person in custody, and to take liim to the territory of such foreign government, pursuant to such treaty. If the person so accused shall escape out of any 78 Crimikal Proceduke of custod}^ to Avliicli lie shall be committed, or to wliicli he shall be delivered, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in that part of the United States to which he shall so escape, may be retaken on an escape. {Sec. 5272, Rev. Stat. U. S.) Deciffions. — See Veremaitre's case, 3 Am. Law. Jour. 438; 6 Opin. Atty-Gen. 270; Idem, 227, 237, 2'JO. Time allowed for extradition. — Whenever any person who is committed under this Title or any treaty, to remain until deliver- ed up in pursuance of a requisition, is not so delivered up and con- veyed out of the United States witliin two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to winch he was committed, by the readiest way, out of the United States, it shall be lawful for any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered. (Sec. 5273, Bev. Stat. U. S.) Continuance of the provisions limited, — The provisions of this Title relating to the surrender of persons who have committed crimes in foreign countries shall continue in force during the ex- istence of any treaty of extradition with an}^ foreign government, and no longer. {Sec. 5274, Rev. Stat. U. S.) Protection of the accused — Whenever anj^ person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States, and tried for any crime for which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custod}^ or imprisonment for, or on account of, such crimes or offenses, and for a reasonable time there- after, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and jirotection of the accused. {Sec. b-lb. Rev. Stat. U. S.) United States Courts. 79 Power of Agents receiving ofienders. — Any person duly ap- pointed as agent to receive, in behalf of the United States, the de- livery, by a foreign government, of any person accused of crime committed within the jurisdiction of the United States, and to convey him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such poAver is requisite for the prisoner's safe-keeping. {Sec. 5276, Bev. Stat. U. S.) Penalty for opposing agents, etc. — Every person who knowingly and willfully obstructs, resists, or opposes such agent in the exe- cution of his duties, or who rescues or attempts to rescue such prisoner, whether in the custody of the agent or of any officer or person to whom his custody has lawfully been committed, shall be punishable by a fine of not more than one thousand dollars, and by imprisonment for not more than one year. {Sec. 5277, Rev. Stat. U. S.) Fugitives from justice of a State or Territory. — A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime. {Act IV. Sec. 2, cl. 2, Constitution United States.) Whenever the executive authority of any State or Territory de- mands any person as a fugitive from justice, of the executive author- ity of any State or Territory to which such person has fled, and pro- duces a copy of an indictment found, or an affidavit made, before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony or other crime, certified as authentic by the governor or chief magistrate of the State or Terri- tory from whence the person so charged has fled, it shall be the duty of the executive authority of the State or Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within six months from the time of the arrest, tlie prisoner may l)e discharged. All costs or expenses in- curred in the apprehending, securing, and transmitting such fugi- 80 Cruhxal Procedtjee of tive to the State or Territory making such demand, shall be paid by such State or Territory. {Sec. 5278, Rev. Stat. U. S.) Decisions. — See Holmes vs. Jennison, 14 Pet. 540; Taylor vs. Tainter, IG Wall. 366; State vs. Perry, 22 Alb. Law Jouru. 513; 2 Cr. L. Mag. 84; Kentucky vs. Deunison, 24 How. G6; Ex parte Reggel, 114 U. S. 642. Penalty for resisting agent, etc. — Any agent so appointed who receives the fugitive into his custody, sliall be empowered to trans- port him to tlie State or Territory from which he has fled. And every person who, by force, sets at liberty or rescues the fugitive from such agent while so transporting him, shall be fined not more than five hundred dollars or imprisoned not more than one year. Sec. 5279, Rev. Stat. U. S.) Decision. — An agent appointed by a State to receive fugitive is not an officer of the United States, Piobb. vs. Connolly, 111 U. S. 024. Arrest of deserting seamen from foreign vessels. — On ai:)plica- tion of a consul or vice-consul of au}^ foreign government having a treaty with the United States stipulating for the restoration of seamen deserting, made in writing, stating that the person therein named has deserted from a vessel of any such government, while in any port of the United States, and on proof by the exhibition of the register of the vessel, ship's roll, or other official document, that the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, com- missioner of any circuit court, justice, or other magistrate, having competent power, to issue warrants to cause such person to be arrested for examination. If, on examination, the facts stated are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the consul or vice- consul, to be sent back to the dominions of any such government, or, on the request and at the expense of the consul or vice-consul, shall be detained until the consul or vice-consul finds an opportu- nity to send him back to the dominions of any such government. No person so arrested sliall be detained more than two months after his arrest ; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause. If such de- serter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the United States Courts, 81 case shall be pending, or may be cognizable, shall have pronounced its sentence, and such sentence shall have been carried into effect. {Sec. 5280, Rev. Stat. U. S.) Power of foreig-n consuls over disputes between seamen. — Whenever it is stipulated by treaty or convention between the United States and any foreign nation that the consul-general, consuls, vice-consuls, or consular or commercial agents of each nation, shall have exclusive jurisdiction of controversies, diffi- culties, or disorders arising at sea or in the waters or ports of the other nation, between the master or officers and any of the crew, or between any of the crew themselves, of any vessel belonging to the nation represented by such consular officer, such stipulations shall be executed and enforced within the jurisdiction of the United States as hereinafter declared. But before this section shall take effect as to the vessels of any particular nation having such treaty with the United States, the President shall be satisfied that similar provisions have been made for the execution of such treaty by the other contracting party, and shall issue his procla- mation to that effect, declaring this section to be in force as to such nation. (^Sec. 4079, Rev. Stat. U. S.') Arrest of seamen on applicaton of consul. — In all cases within the purview of the preceding section the consul-general, consul, or other consular or commercial authority of such foreign nation charged with the appropriate duty in the particular case, may make application to any court of record of the United States, or to any judge thereof, or to any commissioner of a circuit court, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of tlie sliipping articles, roll, or other proper paper of the vessel, to the effect that the person in question is of the crew or ship's company of such vessel ; and further stating and certifying that such person has withdrawn himself or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel, or that he has refused, or is about to refuse, to sub- mit to and obey the lawful jurisdiction of such consular or com- mercial authority in the premises ; and further stating and certify- ing that, to the best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States. Such application shall be in writing and duly autlienticated by the consular or other sufficient official seal. Thereupon such court, 82 Criminal Procedure of judge, or commissioner shall issue his warrant for the arrest of the person so complained of, directed to the marshal of the United States for the appropriate district, or in his discretion to any per- son, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought be fore him for examination at a certain time and place. (^Sec. 4080 Rev. Stat. U. S.') Commitment and discharge. — If, on such examination, it is made to appear that the j)erson so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or commissioner finds, up- on the papers hereinbefore referred to, a sufficient prima facie case that the matter concerns only the internal order and discip- line of such foreign vessel, or, whether in its nature civil or crim- inal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or in his discretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control and discipline of such master or chief officer, and to the jurisdiction of the consular or commercial authority of the nation to which such vessel belongs, to the ex- clusion of any authority or jurisdiction in the premises of the United States or any State thereof. No person shall be de- tained more than two months after his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the deten- tion of the person so arrested, shall be paid by the consular officers making the application. (^Sec. 4081, Rev. Stat. U. S.") United States Coukts. 83 CHAPTER XII. PEISONEES AND THEIR TREATMENT. Constitutional Provisio7is. Bills of attainder and ex post facto la-ws. — No bill of attainder or ex post facto law shall be passed. {Art I. Sec. 9. cl. 3, Constitv^ tion United States.) Decisions. — Fletcher vs. Peck, 6 Cr. 87; Carpenter et al. vs. Commonwealth of Penn. 17 How. 456; Locke vs. New Orleans, 4 Wall. 172; Cummings vs. The State of Missouri, 4 Wall. 277 ;-E'a; par/e Garland, 4 Wall. .333; Klingerrs. State of Missouri, 13 Wall. 257; Kring vs. Missouri, 107 U.S. 221; Hopt vs. Utah, 110 U. S. 574. No State shall . . . pass any bill of attainder, ex post facto law . . . Art. I. Sec, 10. cl. 1. Constitution of United States.') Decisions.— Kving vs. Missouri, 107 U. S. 221 ; Hopt vs. Utah, 110 U. S. 574. Cruel and unusual punishment not to be inflicted. — Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. (Art. VIII. of Amendments., Con- stitution United States.) Decision. — This amendment applies to National and not State legislation. Pervear vs. Commonwealth, 5 Wall. 475. Removal of prisoners in case of contag-ion or epidemic. — The judge of any district court, within whose district any contagious or epidemic disease shall at any time prevail, so as, in his opinion to endanger the lives of persons confined in the prison of such district, in pursuance of any law of the United States, may direct the marshal to cause the persons so confined to be removed to the next adjacent prison where such disease does not prevail, there to be confined until they may safely be removed back to the place of their first confinement, Sucli removals shall be at the expense of the United States. {See. 48C0, Bev. Stat. U. S.) Allcwing- prisoners to escape. — Whenever any marshal, deputy 84 Criminal Procedure of marshal, ministerial officer or other person, has in his custody any prisoner by virtue of process issued under the laws of the United States by any court judge, or commissioner, and such marshal, de- puty marshal, ministerial officer, or other person, voluntarily suf- fers such prisoner to escape, he shall be fined not more than two thousand dollars, or imprisoned for a term not more than two years, or both. {Sec. 5409, Rev. Stat. U. S.^ Deci-sion. — Suffering or permitting prisoner to escape is escape with consent. Long vs. Palmer, IG Pet. 65. Application of preceding section. — The preceding section shall be construed to apply not only to cases in which the prisoner who escaped was charged found guilty of an offense against the laws of the United States, but also to cases in which a prisoner may be in custody charged with offenses against any foreign government with which the United States have treaties of extradition. {Sec. 5410, Rev. Stat. U. S.) Expenses for prisoners to be paid by U. S — All the expenses attendant upon the transportation from place to place, and upon the temporary or permanent confinement of persons arrested or committed under the laws of the United States as well as upon the execution of any sentence of a court thereof respecting them, shall be paid out of the Treasury of the United States in the man- ner provided by law. {Sec. 5536, Rev. Stat. U. S.') Places of confinement. — In a State where the use of jails, pen- itentiaries, or other houses is not allowed for the imprisonment of persons arrested or committed under the authority of the United States, anv marshal in such State, under the direction of the judo-e of the district, may hire, or otherwise procure, within the limits of such State, a convenient place to serve as a temporary jail. {Sec. 5537, Rev. Stat. U. S.) Docifitons. — After a prisoner is regularly committed to a state jail he is under the control of the jailer and not of tho marshal, and the latter has no authority to direct as to the nature of the imprisonment. Ilandolph vs. Donaldson, 9 Cranch, 85. See McNutt vs. Bland, 2 How. 9. Marshals to make provision for safe-keeping- of prisoners — The marshal shall make such other provision as he may deem expedient and necessary for the safe-keeping of the prisoners arrested or committed under the authority of the United States, until perma- nent provision for that purpose is made by law. {Sec. 5538, Rev. Stat. U. S.) United States Courts. 85 U. S. Convicts in State penitentiaries. — Whenever any criminal convicted of any offense against the United States, is imprisoned in the jail or penitentiary of any State or Territory, such criminal shall in all respects be subject to the same discipline and treat- ment as convicts sentenced by the courts of the State or Territory in which such jail or penitentiary is situated ; and while so confin- ed therein shall be exclusively under the control of the officers having charge of the same, under the laws of such State or Terri- tory. (Sec. 5539, Bev. Stat. U. S.) Selection of penitentiary in a divided district.— Where a judi- cial district has been or may hereafter be divided, the circuit and district courts of the United States shall have power to sen- tence any one convicted of an offense punishable by imprisonment at hard labor to the penitentiary within the State, though it be out of the judicial district in which the conviction is had. (Sec. 5540 Hev. Stat. U. S.) Sentences for longer term than a year, where to be executed. — In every case where any person convicted of an offense against the United States is sentenced to imprisonment for a period long- er than one year, the court by which the sentence is passed may order the same to be executed in any State jail or penitentiary within the district or State where such court is held, the use of which jail or penitentiary is allowed by the legislature of the State for that purpose. (Sec. 5541, Rev. Stat. TJ. S.) Decision. — See Ex parte Karstendick, 93 U. S. 396. Penitentiary sentences, -where to be executed. — In every case where any criminal convicted of any offense against the United States is sentenced to imprisonment and confinement to hard labor, it shall be lawful for the court by which the sentence is passed to order the same to be executed in any State jail or peni- tentiary within the district or State where such court is held, the use of which jail or penitentiary is allowed by the legislature of the State for that purpose. (Sec. 5542 Rev. Stat. U. S.) Deduction from term of imprisonment for g-ood conduct. — All persons who have been, or may be convicted of any offense against the laws of the United States, and confined in any State jail or penitenitary in execution of the judgment upon such conviction, who so conduct themselves that no charge for misconduct is sus- tained against them, shall have a deduction of one month in each year made from the term of such sentence, and shall be entitled to 8G Criminal Procedure of tlieir discliarge so much the sooner, upon the certificate of the warden or keeper of such jail or penitentiary, with the approval of the Attorney-General. (^Sec. 6543, Rev Stat. U. S.) Note. — See \J. S. b.s. Scliroeder, where the principles upon which commutation of imprisonment is explained. 14 Blatch, 344. Tlie preceding section, however, sliall apply to such prisoners only as are confined in jails or penitentiaries where no credits for good behavior are allowed ; but in other cases, all prisoners now or hereafter confined in the jails or penitentiaries of any State for offenses against the United States, shall be entitled to the same rule of credits for good behavior applicable to other prisoners in the same jail or penitentiary. (^Sec. 5544 Rev. Stat. U.'S.) Convicts to have five days per month deducted from term for good conduct, and to be furnished "with clothes and money on dis- charg-e in certain cases.— ^g it enacted., etc. That all prisoners who have been or shall hereafter be convicted of any offense against the laws of the United States, and confined, in execution of the judgment or sentence upon such conviction, in any prison or penitentiary of any State or Territory which has no system of commutation for its own prisoners, shall have a deduction from their several terms of sentence of five days in each and every cal- endar month during which no charge of misconduct shall have been sustained against each severally, who shall be discharged at the expiration of his term of sentence less the time so deducted and a certificate of the warden or keeper of such prison [or] peni tentiary of such deduction shall be entered on the warrant of commitment : Provided., that if during the term of imprisonment the prisoner shall commit any offense for which he shall be con- victed by a jury, all remissions theretofore made shall be thereby annulled. Sec. 2. That on the discharge from any prison of any person convicted under the laws of the United States on indictment, he or she shall be provided by the warden or keeper of said prison with one plain suit of clothes and five dollars in money, for wliich charge shall be made and allowed in tlie accounts of said prison with the United States ; Provided. That this section sliall not apply to persons sentenced for a term of imprisonment of less than six months. {Act of March 3, 1875, 18 Stat. L. 479: 1 Su2). Rev. Stat. 184.) Actual reasonable cost of" subsisting prisoners to be paid. — Hereafter there shall be allowed and paid by the Attorney-General United States Courts. 87 for the subsistence of prisoners in the custody of any marshal of United States and the warden of the jail in the District of Colum- bia, such sum only as it reasonably and actually cost to subsist them. And it shall be the duty of the Attorney-General to pre- scribe such regulations for the government of the marshals and the warden of the jail in the District of Columbia, in relation to their duties under this chapter as will enable him to determine the actual and reasonable expenses incurred. {Sec. 5545, Rev. Stat. U.S.) Designation of penitentiary by Attorney-General. — All persons who have been, or who may hereafter be, convicted of crime by any court of the United States whose punishment is imprisonment in a District or Territory where, at the time of conviction, or at any time during the term of imprisonment, there may be no peni- tentiary or jail suitable for the confinement of convicts or available therefor, shall be confined for the term for which they have been or may be sentenced, or during the residue of said term, in some suitable jail or penitentiary in a convenient State or Territory, to be designated by the Attorney-General, and shall be transported and delivered to the warden or keeper of such jail or penitentiary by the marshal of the District or Territory where the conviction has occurred; and if the conviction be had in the District of Columbia, the transportation and the delivery shall be by the warden of the jail of that District ; the reasonable actual expense of transporta- tion, necessary subsistence, and hire and transportation of guards and the marshal, or the warden of the jail in the District of Col- umbia, only to be paid by the Attorney-General, out of the judiciary fund. But if in the oj)inion of the Attorney-General, the expense of transportation from any State, Territory, or the District of Columbia, in which there is no penitentiary, will exceed the cost of maintaining them in jail in the State, Territory, or the District of Columbia during the period of their sentence, then it shall be lawful so to confine them therein for the period designated in their respective sentences. And the phice of imprisonment may be changed in any case, when, in the opinion of the Attorney-General, it is necessary for the preservation of the health of the prisoner or when in his opinion, the place of confinement is not sufficient to secure the custody of the prisoner, or because of cruel or im- proper treatment ; Provided however, That no change shall be made in the case of any prisoner on theground of unhealthiness of the pris- oner, or because of his treatment, after his conviction and during 88 Criminal Procedure of his term of imprisonment, unless such change shall be applied for by such prisoner, or some one in his behalf. (^Sec. 5546 liev. Stat. U. S., as amended hy Act of July 12, 1876, 19 Stat. L. 88.) Attorney-General to contract for subsistence, etc. — The At torney-General shall contract with the managers or proper author- ities having control of such prisoners, for the imprisonment sub- sistence and proper employment of them, and shall give the court having jurisdiction of such offenses notice of the jail or peniten- tiary where such prisoners will be confined. {See 5547, Rev. Stat. U.S.) Court may order sentencD executed in house of correction. — Whenever any person is convicted of any offense against the United States which is punishable by fine and imprisonment, or by either, the court by which the sentence is passed may order the sentence to be executed in any house of correction or house of reformation for juvenile delinquents within the State or district where such court is held, the use of which is authorized by the legislature of the State for such purpose. {Sec. 5548, Rev. Stat. U. S.) Confinement of juvenile offenders.— Juvenile offenders against the laws of the United States, being under the age of sixteen years, and who may hereafter be convicted of crime, the punish- ment whereof is imprisonment, shall be confined during the term of sentence in some liouseof refuge to be designated by the Attorney- General, and shall be transported and delivered to the warden or keeper of such house of refuge by the marshal of the district where such conviction has occurred ; or if such conA'iction be had in the District of Columbia, then the transj)ortation and delivery shall be by the warden of the jail of that district, and the reasonable actual expense of the transp)ortation, necessary subsistance, and hire, and transportation of assistants and the marshal or warden, only shall be paid by the Attorney-General, out of the judiciary fund. {Sec. 5549, Rev. Stat. U. S.) Attorney-General to contract for their subsistence.— The At- torney-General shall contract with the managers or persons having control of such houses of refuge for the imprisonment, subsistance and proper employment of all such junvenile offenders and shall give the several courts of the United States and of the District of Columbia notice of the places so provided for the con- finement of such offenders ; and they shall be sentenced to con- finement in the house of refuge nearest the place of conviction so designated by the Attorney-Generel. {Sec. bbbO^ Rev. Stat. U. S.) UifiTED States Coubts, go CHAPTER XIII. FEES AND ACCOUNTS. Fees to he Taxed. The following and no other compensation shall be taxed and al- lowed to attorneys, solicitors and proctors in the courts of the United States, to district attorneys, clerks of the circuit and dis- trict courts, marshals, commissioners, witnesses, jurors and print- ers in the several States and Territories, except in cases other- wise expressly provided by law. But nothing herein shall be con- strued to prohibit attorneys, solicitors and proctors from charging to and receiving from their clients, other than the Government, such reasonable compensation for their services, in addition to the tax- able costs, as may be in accordance with general usage in their re- spective States, or may be agreed upon between the parties. (^Sec. 823, Rev. Stat. U. S.) Fees of Attorneys, Solicitors, and Proctors. On a trial before a jury in civil or criminal causes or before ref- erees, or on a final hearing in equity or admiralty, a docket fee of twenty dollars : Provided, That in cases of admiralty and mari- time jurisdiction, where the libellant recovers less than fifty dol- lars, the docket fee of his proctor, shall be but ten dollars. In cases at law when judgment is rendered without a jury, ten dollars. In cases at law, when the cause is discontinued, five dollars. For scire facias, and other proceedings on recognizances, five dollars. For each deposition taken and admitted in evidence in a cause, two dollars and fifty cents. For services rendered in cases removed from a district to a cir- cuit court by writ of error or appeal, five dollars. 90 Criminal Procedure of For examination by a district attorney, before a judge or com- missioner, of persons charged with crime, five dollars a day for the time necessarily erajDioyed. For each day of his necessary attendance in the court of the United States on the business of the United States, when the court is held at the place of his abode, five dollars ; and for his at- tendance when the court is held elsewhere, five dollars for each day of the term. For traveling from the place of his abode to the place of hold- ing any court of the United States in his district, or to the place of any examination, before a judge or commissioner, of a person charged with crime, ten cents a mile for going and ten cents a mile for returning. ^ Wlien an indictment for crime is tried before a jury and a con- viction is had, a district attorney may be allowed, in addition to the attorney's fees herein provided, a counsel fee, in proportion to the importance and difficulty of the cause, not exceeding thirty dollars. {See. 824, Rev. Stat. U. S.') Maximum compensation of District Attorneys. — No district at- torney shall be allowed by tlie Attorney-General to retain of the fees and emoluments of his office which he is required to include in his semi-annual return, for his personal compensation, over and above the necessary expenses of his office, including necessary clerk hire, to be audited and allowed by the proper accounting of- ficers of the Treasury Department, a sum exceeding six thousand dollars a year, or exceeding that rate for any time less than a year. QSec. 835, Bev. Stat. U. S.') Fees in revenue cases and in suits on official bonds. — There shall be taxed and paid to every district attorney two per centum upon all moneys collected or realized in any suit or proceeding arising under the revenue laws, and conducted by him, in which the United States is a party, which shall be in lieu of all costs and fees in such proceeding. (^Sec. 825, Mev. Stat. U. S.^ "When fees on bonds not allowed. — Xo fee shall accrue to any district attorney on any bond left with him for collection, or in a suit commenced on any bond for the renewal of which provision is made by law, unless the party neglects to apply for such renew- al for more than twenty days after the maturity of the bond. (Sec. 826, Eev. Stat. U. S.) Fees for defense of revenue officers, — When a district attorney appears by direction of the Secretary or Solicitor of the Treasury, United States Courts. 91 on bshalf of any officer of the revenue in any suit against such of- ficer, for any act done by liim, or for tlie recovery of any money received by liim and paid into the Treasury in the performance of his official duty, lie shall receive such compensation as may be cer- tified to be proper by the court in which the suit is brought, and approved by the Secretary of the Treasury, (^Sec. 827, Rev. Stat. U. s.-) Not to receive compensation for services not covered by sal- ary or fees, except when employed and paid by the Department of Justice. — That no civil officer of the government shall here- after receive any compensation or perquisites, directly or in- directly, from the Treasury or pro[)erty of the United States be- yond his salary or compensation allowed by law : Provided, That this shall not be construed to prevent the employment and pay- ment by the Department of Justice of district attorneys as now al- lowed by law for the performance of services not covered by their salaries or fee. (^Act of June 20, 1874, Sec. 3, 18 Stat. L. 109.) Note. — District Attorneys are entitled to compensation for services not covered by salary or fee performed by direction of the Attorney-General in caseswhere the govern- ment is interested. See 1 Opin. Atty.-Gen. 385 ; 5 Id. 577 ; 7 Id. 46-53 ; 16 Id. 99. But one bill of costs to be allowed for several prosecutions, when. — Wlien a district attorney prosecutes two or more indict- ments, suits or proceedings which should be joined, he shall be paid but one bill of costs for them all. (^Sec. 980, Rev. Stat. JJ. S.) Accounts for services in cases where the U. S. is interested, but not a party, how settled. — All accounts of the United States district attorneys for services rendered in cases instituted in the courts of the United States, or of any State, when the United States is interested, but is not a party of record, or in cases in- stituted against the officers of the United States, or their deputies, or duly appointed agents, for acts committed or omitted or suffered by them in tlie lawful discharge of their duties, shall be audited and allowed as in other cases assimilating the fees, as near as may be, to those provided by law for similar services in cases in which the United States is a party. {Sec. 299, Rev. Stat. U. S.) Compensation in prize cases. — The district attorney and prize commissioners, except the naval officer, shall be allowed a just and suitable compensation for their respective services in each prize-cause, to be adjusted and determined by the court, and to be paid as costs in the cause. (Sec. 4646, Rev. Stat. U. S.) Oflace expenses in the Southern District of New York. — There 92 Criminal Proceduee of shall be paid to the district attorney for the southern district of Kew York, in addition to his salary, at the rate of six thousand dollars a year, such sum as shall be necessary, together with the costs and fees allowed him by law, to pay such amount as may be fixed by the Attorney-General for the proper expenses of his of- fice. But nothing in this or the preceeding section (Sec. 835,) shall forbid the allowance of additional compensation for services in prize causes, as provided in Title " Prize.'''' {Sec. 836, Rev. Stat. U.S.) Compensation for prosecution of revenue violations reported to District Attorney by Collectors. — It shall be the duty of every district attorney to whom any collector of customs, or of internal revenue, shall report, according to law, any case in w^hich any fine, penalty, or forfeiture has been incurred in the district of such attorney for the violation of any law of the United States re- lating to the revenue, to cause the proper proceedings to be com- menced and prosecuted without delay, for the fines, penalties and forfeitures in such case provided, unless, upon inquiry and exam- ination, he shall decide that such proceedings cannot probably be sustained, or that the ends of public justice do not require that such proceedings should be instituted ; in which case he shall re- port the facts in customs cases to the Secretary of the Treasury, and in internal revenue cases to the Commissioner of Internal Revenue for their direction. And for the expenses incurred and services rendered in all such cases, the district attorney shall receive and be paid from the Treasury such sum as the Secretary of the Treasury shall deem just and reasonable, upon the certificate of the judge before whom such cases are tried or disposed of : Provided., That the annual compensation of such district attorne}^ shall not exceed the maxi- mum amount prescribed by law, by reason of such allowance and payment. {Sec. 838. Rev. Stat. U. S.) clerk's fees. For issuing and entering every process, commission, summons, capias, execution, warrant, attachment, or other writ, except a writ of venire or a summons or subpoena for a witness, one dollar. For issuing a writ of summons or subpoena, twenty-five cents. For filing and entering every declaration, plea or other paper, ten cents. For administering an oath or affirmation, except to a juror, ten cents. United States Courts. 93 For talving an acknowledgment, twenty-five cents. For taking and certifying depositions to file, twenty cents for each folio of one hundred words. For a copy of such deposition furnished to a party on request, ten cents a folio. * For entering any return, rule, order, continuance, judgment, de- cree, or recognizance, or drawing any bond, or making any record, certificate, return or report, for each folio, fifteen cents. For a copy of any entry or record, or of any paper on file, for each folio, ten cents. For making dockets and indexes, issuing venire^ taxing costs, and all other services, on the trial or argument of a cause where issue is joined and testimony given, three dollars. For making dockets and indexes, taxing costs, and all other services in a cause, where issue is joined, but no testimony is given, two dollars. * For making dockets and indexes, taxing costs, and other ser- vices, in a cause which is dismissed, or discontinued, or where judgment or decree is made or rendered without issue, one dollar. For making dockets and taxing costs, in cases removed by writ of error or appeal, one dollar. For affixing the seal of the court to any instrument, when re- quired, twenty cents. For every search for any particular mortgage, judgment, or other lien, fifteen cents. For searching the records of the court for judgments, decrees, or other instruments constituting a general lien on real estate, and certifying the result of such search, fifteen cents for each person against whom such search is required to be made. For receiving, keeping and paying out money in pursuance of any statute or order of court, one per centum on the amount so received, kept and paid. . For traveling from the office of the clerk, where he is required to reside, to the place of holding any court required by law to be held, five cents a mile for going and five cents for returning, and five dollars a day for his attendance on the court while actually in session. All books in the offices of the clerks of the circuit and district courts, containing the docket or minute of the judgments, or de- crees thereof, shall, during office hours, be oi)en to the inspection 94 Ckimixal Procedure of of any person desiring to examine the same, without any fees or charge tlierefor. (Sec. 828, Bev. Stat U. S.) In California, Oregon, and Navada. — The clerks of the several circuit and district courts in California, Oregon, and Nevada shall be entitled to charge and receive double the fees hereinbefore al" lowed to clerks, and sliall be allowed, respectively by the Attorney- General, to retain of the fees so received by them, for their per- sonal comjDcnsation, over and above the necessary expenses of their offices, including the salaries of deputy clerks, and neces- sary clerk-hire, to be audited by the proper accounting officers of the Treasury Department, any sum not exceeding seven thousand dollars a year, nor exceeding tjiat rate for any time less than a year : Provided., That whenever, in either of the said districts, the same person holds the office of clerk of both the circuit and dis- trict courts, he shall be allowed by the Attorney-General to retain for liis personal compensation, as aforesaid, only such sum as is herein allowed to be retained by a person holding the office of clerk of only one of the said courts. QSec. 840, Rev. Stat. U. S.~) Of the Clerk of the Supreme Court of the District of Columbia, and of the Supreme Court of the United States. — Provided, That the Clerk of the Supreme Court of the District of Columbia shall rhake to the Attorney-General his semi-annual report of fees and emoluments -in the same manner and under the same regulations as clerks of the other courts of the United States, under and in accordance with section eight hundred and thirty-three of the Revised Statutes, the maximum of whose compensation, after the payment of office expenses, and other allowance granted by the Attorney-General, shall not exceed the maximum of three thousand five hundred dollars, and the balance of said fees and emoluments of his office shall be paid into the Treasury according to the pro- visions of section eighteen hundred and forty-four of the Revised Statutes ; Provided, that the Clerk of the Supreme Court of the United States shall not hereafter retain of the fees and emolu- ments of his office, for his personal compensation, over and above his necessary clerk-hire and the incidental expenses of his office, certified to by the court, or by one of its justices appointed by it for that purpose, and to be audited and allowed by the proper ac- counting officers of the Treasury, a sum exceeding six thousand dollars a year, or exceeding that rate for any time less than a year; and the surplus of such fees and emoluments shall be paid into the Treasury as provided by law in cases of clerks of the circuit United States Courts. 95 and district courts of the United States. (Act of March S, 188S, 23 iStat. L. 631.) marshals' fees. For service of any warrant, attachment, summons, capias, or other writ, except execution, venire, or a summons or subpoina for a witness, two dollars for each person on whom service is made. For the keeping of personal property attached on mesne proc- ess, such compensation as the court, on petition setting forth the facts under oath, may allow. For serving venires and summoning every twelve men as grand or petit jurors, four dollars, or tliirty-three and one-third cents each. In States where, by the laws thereof, jurors are drawn by lot, by constables, or other officers, of corporate places, the marshal shall receive, for each jury, two dollars for the use of the officers employed in drawing and summoning the jurors and returning each venire and two dollars for his own services in distributing the venires. But the fees for distributing and serving venires, drawing and sum- moning jurors by township officers, including the mileage charge- able by the marshal for each service, shall not at any court exceed fifty dollars. For holding a court of inquiry or other proceedings before a jury, including the summoning of a jury, five dollars. For serving a writ of subpoena on a witness, fifty cents ; and no further compensation shall be allowed for any copy, summons, or notice for a witness. Decision. — Marshal has a right to demand payment of fees in advance of service, except from U. S. Ray. vs. Knowlton. 11 Biss. 360. For serving a writ of possession, partition, execution, or any final process, the same mileage as is allowed for the service of any other writ, and for making the service, seizing or levying on property, advertising and disposing of the same by sale, set-off, or otherwise according to law receiving and paying over the money, the same fees and poundage as are or shall be allowed for similar services to the sheriffs of the States respectively, in which the service is rendered. For each bail bond, fifty cents. For summoning appraisers, fifty cents each. For executing a deed prepared by a party or his attorney, one dollar. 96 Ckimixal Procedure of For dra^ving and executing a deed, five dollars. For copies of writs or papers furnished at the request of any party, ten cents a folio. For every proclamation in admiralty, thirty cents. For serving an attachment in rem, or a libel in admiraltj", two dollars. For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, not exceeding two dol- lars and fifty cents a day. When the debt or claim in admiralty is settled by the parties without a sale of the property, the marshal shall be entitled to a commission of one per centum on the first five hundred dollars of the claim or decree, and one-half of one per centum on the excess of any sum thereof over five hundred dollars : Provided, That when the value of the property is less than the claim, such commission shall be allowed only on the appraised value thereof. For sale of vessels or other property under process in admiralty, or under the order of a court of admiralty, and for receiving and paying over the money, two and one-half per centum on any sum under five hundred dollars, and one and one-quarter per centum on the excess of any sum over five hundred dollars. For disbursing money to jurors and witnesses, and for other ex- penses, two per centum. For expenses while employed in endeavoring to arrest, under process, any person charged with or convicted of a crime, the sum actually expended not to exceed two dollars a day, in addition to his compensation for service and travel. For every commitment or discharge of a prisoner, fifty cents. Decision. — The marshal is entitled to fee for commitment only when made by order of court, or in execution of a mittimus. E.r parte Paris, 3 W. &. M. 227. For transporting criminals, ten cents a mile for himself and for each prisoner and necessary guard, except in the ease provided for in the next paragraph. For transporting criminals convicted of a crime in any district or Territory where there is no penitentiary available for the con- finement of convicts of the United States, to a prison in another district or Territory designated by the Attorney-General, the reasonable actual expense of transportation of the criminals, the marshal, and the guards, and the necessary subsistance and hire. For attending the circuit and district courts, when both are in United States Courts. 97 session, or eitlier of them when only one is in session, and for bring- ing in and committing prisoners and witnesses during the term, live doHars a day. For attending examinations before a commissioner, and bring- ing in, guarding, and returning prisoners charged with crime, and witnesses, two dolhirs a day ; and for each deputy, not exceeding two, necessarily attending, two dollars a day. For traveling from his residence to the place of holding court, to attend a term thereof, ten cents a mile for going only. For travel, in going only, to serve any process, warrant, attach- ment, or other writ, including writs of subpoena in civil or crimi- nal cases, six cents a mile, to be computed from the place where the process is returned to the place of service, or where more than one person is served therewith, to the place of service which is most remote, adding thereto the extra travel which is necessary to serve it on the others. But when more than two writs of any kind required to be served in behalf of the same party on the same person might be served at the same time, the marshal shall be en- titled to compensation for travel on only two of such writs ; and, to save unnecessary expense, it shall be the duty of the clerk to insert the names of as many witnesses in a cause in such subpoena as convenience in serving the same will permit. Note. — See Mileage and expenses, etc., Act of Feb. 22, 1875, 18 Stat, at L. 334. Since Sec. 829 was amended by above act, marshals serving several writs in a criminal cause in one locality are entitled to but one mileage, even if the writs are for different purposes, as a warrant and subpoena in same cause. U. S. vs. Ralston, 17 Fed. Eep'r, 89-5. In all cases where mileage is allowed to the marshal he may elect to receive the same or his actual traveling expenses, to be proved on his oath, to the satisfaction of the court. (^Sec. 829, Rev. Stat. U. S.^ Tliere shall be paid to the marshal his fees for services rendered for the United States, for summoning jurors and witnesses in be- half of the United States, and in behalf of any prisoner to be tried for a capital offence, for the maintenance of prisoners of the United States confined in jail for {\\\y criminal offense ; also, for his reasonable actual expense for the transportation of criminals, and of the marshal and guards, to prisons designated by the At- torney-General, and for the hire and subsistence in that behalf, as hereinbefore provided ; also, his fees for the commitment or dis- charge of prisoners; his expenses necessarily incurred for fuel, liglits. 98 Cbimin^al Procedure of and other contingencies that may accrue in holding the courts within his district, and providing the books necessary to record the pro- ceedings thereof: Provided^ Tliathe shall not incur, or be allowed, an expense of more than twenty dollars in any one year for furni- ture, or fifty dollars for rent of a building and making improve- ments thereon without first submitting a statement and estimates to the Attorney-General and getting his instructions in the premises. (^Seo. 830, Rev. Stat. U. S.} ADDITIONAL PROYISIOXS EEGARDESTG THE FEES OF CLERKS, DISTRICT ATTORNEYS AND MARSHALS. No per diem to marshal, attorney or clerk for attendance at rule-days. — ^o per diem or other allowance shall be made to any dis- trict attorney, clerk of a circuit-court, clerk of a district court, mar- shal or deputy marshal for attendance at rule-days of a circuit or dis- trict court; and when the circuit and district courts sit at the same time, no greater per diem or other allowance shall be made to any such officer than for an attendance on one court. QSec. 831, Hev. Stat. U. S.) Semi-annual returns of fees by district attorneys, marshals and clerks — Every district attorney, clerk of a district court, clerk of a circuit court, and marshal, shall, on the first days of January and July, in each year, or within thirty days thereafter, make to the Attorney-General, in such form as he may prescribe, a written return for the half jeAv ending said days, respectively, of all the fees and emoluments of his office, of every name and character, and of all the necessary expenses of Jiis office, including necessary clerk-hire, together with the vouchers for the paj^ment of the same for such last half year. He shall state separately in such returns the fees and emoluments received or payable for services rendered by himself personally, those received or payable for services rendered by each of his deputies, naming him, and the proportion of such fees and emoluments which, by the terms of his service, each deputy is to receive. Said returns shall be veri- fied by the oath of the officer making them. (^Sec. 833, Hev. Stat. U. S.} "What to be included in the semi-annual returns of district attorneys and marshals.— The preceding section shall not apply to the fees and compensation allowed to district attorneys by sections United States Courts. . 99 eight hundred and twenty-five, and eight hundred and twenty-seven. All other fees, charges and emoluments to which a district attor- ney ' or a marshal may be entitled, by reason of the discharge of the duties of his office, as now or hereafter prescribed by law, or in any case in which the United States will be bound by the judg- ment rendered therein, whether prescribed by statute or allowed by a court, or any judge thereof, shall be included in the semi-an- nual return required of said officers by the preceding section. (Sec. 834, Eev. Stat. U. S.) District attorney and marshal in Oreg-on and Nevada — The dis- trict attorneys and marshals for the districts of Oregon and Nevada shall be entitled to receive, for the like services, double the fees hereinbefore provided ; but neither of them shall be allowed to retain of such fees any sum exceeding the aggregate compensation of such office as hereinbefore provided. (See. 837, Ilev. Stat. U. S.) In New Mexico and Arizona.— ^t; it enacted, etc. That the Act of Congress of the United States entitled "An act to regulate the fees and costs to be allowed clerks, marshals and attorneys of the circuit and district courts of the United States, and for other pur- poses," approved February twenty-sixth, eighteen hundred and fifty-three, and section eight hundred and thirty-seven of tlie Re- vised Statutes of the United States, is extended to the Territories of New Mexico and Arizona, and shall apply to the fees of all offi- cers in such Territories ; but the district attorney shall not, by fees and salary together, receive more than three thousand five hundred dollars per year ; and all fees or moneys received by him above said amount shall be paid into the Treasury of the United States. {Act of August 7, 1882, 22 Stat. L. 344) Compensation retained by Clerk.— No clerk of a district court, or clerk of a circuit court, shall be allowed by the Attorney-General, except as provided in the next section, [Section 840, see Clerks' Fees.] and in section eight hundred and forty-two, to retain of the fees and emoluments of his office, or, in case both of the said clerk- ships are held by the same person, of the fees and emoluments of the said offices, respectively, for his personal compensation, over and above his necessary office expenses, including necessary clerk-hire to be audited and allowed by the proper accounting officers of the Treasury, a sum exceeding three thousand five hundred dollars a year for any such district clerk or for any such circuit clerk, or ex- ceeding that rate for any time less than a year. (Sec. 839, Rev. Stat. U. S.) 100 Criminal Procedure op Maximum of Marshals' fees and emoluments. — No marshal shall be allowed by the Attorney-General, except as provided in the next section, to retain of the fees and emoluments which he is required to include in his semi-annual return, as aforesaid, for his personal compensation, over and above the necessary expenses of his office, including necessary clerk-hire, to be audited and allowed by the proper accounting officers of the Treasury Department, and a proper allowance to his deputies, any sum exceeding six thousand dollars a year, or exceeding that rate for any time less than a year. The allowance to any deputy shall in no case exceed three fourths of the fees and emoluments received or payable for the services rendered by him, and may be reduced below that rate by the Attorney-General, whenever the returns show such rate to be unreasonable. (^Sec. 841, Rev. Stat. U. S.') Additional compensation of Marshals and Clerks in prize causes. — Clerks and marshals may be allowed to retain, for all official services in prize causes, an additional compensation, not exceeding in amount one-half the maximum compensation allowed to them, respectively, by the three preceding sections. {Sec. 842, Rev. Stat. U. S.) Payment of surplus fees into the Treasury. — The allowance for personal comj)ensation of district attorneys, clerks and marshals, for each calendar year, shall be made from the fees and emoluments of that year, and not otherwise. (^See. 843, Rev. Stat. U. S.) Every district attorney, clerk, and marshal, sliall, at the time of making his half-yearly return to the Attorney-General, pay into the Treasury, or deposit to the credit of the Treasurer, as he may be directed by the Attorney-General, any surplus of the fees and emoluments of his office, wliich said return shows to exist over and above the compensation and allowances authorized by law to be re- tained by him. {See. 844, Rev. Stat. U. S.') "Where a surplus exists accounts to be audited in the Depart- ment of Justice. — In every case where the return of a district attor- ney, clerk, or marshal shows that a surplus may exist, the Attorney- General shall cause such returns to be carefully examined, and the accounts of disbursements to be regularly audited by the proper officer of the Department and an account to be opened with such officer in proper books to be provided for that purpose. {Sec. 845, Rev. Stat. U. S.) United States Courts. 101 Accounts of Marshals for fees or costs paid witness or juror upon order of judge or commissioner not to be re-examined, etc. President authorized to allow payment of extraordinary ex- penses incurred.— ProvldecU That no accounts of fees or costs paid to any witness or juror, upon the order of any judge or commissioner, shall be so re-examined as to charge any maislial for an erroneous taxation of such fees or costs. That where the ministerial officers of the United States have or shall incur extra- ordinary expense in executing the laws thereof, the payment of which is not sufficiently provided for, the President of the United States is authorized to allow the payment thereof under the special taxation of the district or circuit court of the district in which the said services have been or shall be rendered, to be paid from the appropriation for defraying the expenses of the judiciary- {Sec. 846, Rev. Stat. U. S. as amended by Act of Feb. 18, 1875, 18, Stat. L. 318.) Criers of the Courts, and bailiffs provided for and compensa- tion allowed. — The circuit and district courts may appoint criers for their courts, to be allowed the sum of two dollars per day ; and the marshals may appoint such a number of persons, not exceeding five, as the judges, of their respective courts may determine, to at- tend upon the grand and other juries, and for other necessary pur- poses, who shall be allowed for their services the sura of two dollars per day, to be paid by and included in the accounts of the marshal, out of any money of the United States in his hands. Such compen- sation shall be paid only for actual attendance, and when both courts are in session at the same time, only for attendance on one court. {Sec. 715, Rev. Stat. U. S.) Mileage and expenses of attorneys, marshals and clerks. — That the proviso in the sixth paragraph of the act entitled " An act making appropriations for the support of the army for the fiscal year end- ing June thirtieth, eighteen hundred and seventy -five, and for other purposes," approved June sixteenth, eighteen hundred and seventy-four, shall not be construed to ap2:)ly or to have applied to attorne3's, marshals, or clerks of courts of the United States, their assistants or deputies. And all accounts of said attorneys, mar- shals, and clerks, for mileage and for expenses incurred subsequent to the first day of July, eighteen hundred and seventy-four, and prior to the first day of January, eighteen hundred and seventy- five, shall and may be audited, allowed, and 2)aid at the Treasury Department of the United States in the same manner as if said act had not been passed. And from and after the first day of January, 102 Criminal Procedure of eighteen hundred and seventy-live, no such officer or person shall become entitled to any allowance for mileage or travel not actually and necessarily performed under the provisions of existing law. {Sec. 7, of Act of Feb. 22, 1875, 18 Stat. L, 334.) District attorney's fee for preparing- deed to land sold for inter- nal revenue tax.— ^nt? it is hei'ehy furtlier provided, That for the preparation and approval by the United States district attorney of each deed as above required, a fee of five dollars shall be allowed to that officer to be paid by the United States, and which he shall account for in his emolument returns. (Act of March 1, 1879, 20 Stat. L. 327 ; 1 Sup. Rev. Stat. 428.) cojvcvnssioisrER's fees. For administering an oath, ten cents. For taking an acknowledgment, twenty-five cents. For hearing and deciding on criminal charges, five dollars a day for the time necessarily employed. For attending to a reference in a litigated matter, in a civil cause at law, in equity, or in admiralty, in pursuance of an order of the court, three dollars a day For taking and certifying depositions to file, twenty cents for each folio. For each copy of the same furiiished to a party on request, ten cents for each folio. For issuing any warrant or writ, and for any other service, the same compensation as is allowed to clerks for like services. For the examination and certificate in cases of applications for discharge of poor convicts imprisonment for non payment of a fine or fine and costs, five dollars a day for the time necessarily em- ployed. (Sec. 847, Bev Stat U. S.) Sec. 2. That the following sliall be the fees paid to commission- ers in cases of extradition under treaty stipulation or convention between the government of the United States and any foreign government, and no other fees or compensation shall be allowed to or received by them : For administering an oath, ten cents. For taking an acknowledgment, twenty-five cents. For taking and certifying depositions to file, twenty cents for each folio. For each copy of tlie same furnished to a party on request, ten cents for each folio. For issuing any warrant or writ, and for any other service, the same compensation as is allowed clerks for like services. For issuing any warrant under the tenth article of the treaty of August ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great United States Courts. 103 Britain and Ireland, against any person charged witli any crime or offense as set forth in said article, two dollars. For issuing any warrant under the provision of tlie convention for the surrender of criminals, between the United States and the King of the French concluded at Washington November ninth? eighteen hundred and forty-three, two dollars. For hearing and deciding upon the case of any person charged with aii}^ crime or offense, and arrested under the provisions of any treaty or convention, five dollars a day for the time necessarily employed. Sec. 4. That all witness fees and costs of every nature in cases of extradition, including the fees of the commissioner, shall be cer- tified by the judge or commissioner before whom the hearing shall take place to the Secretary of State of the United States, who is hereby authorized to allow the payment thereof out of the appro- priation to defray the expenses of the judiciary ; and the Secretary of State shall cause the amount of said fees and costs so allowed to be reimbursed to the government of the United States- by the for- eign government by whom the proceedings for extradition may have been instituted. (Act of August 3, 1882, 22 Stat. L. 215.) For services incident to arrest and examination under Civil Rights Act, inclusive of all services incident to the arrest and ex- amination, the commissioner is entitled to a fee of ten dollars. (See Sec. 1986, Bev. Stat. U. S.) Decision. — A Commissioner who, by direction of tlie court Iceeps a docket, is en- titled to a fee lii-ce tliat allowed to the clerk of the court for dockets, indexes, etc., although his docket entries may differ from those made by the clerk. U. S. vs. Wallace, IIG, U. S. 398. witnesses' fees. Note. — Act of August 4th, 1886, provides that U. S, Commissioners shall not be entitled to any docket fee. For each day's attendance in court, or befgre any officer pursu- ant to law, one dollar and fifty cents, and five cents a mile for goino- from his place of residence to the place of trial or hearing, and five cents a mile for returning. (In Colorado, fifteen cents a mile. Act of June 16, 1880, 21 Stat. L. 290.) When a witness is subpoenaed in more than one cause between the same parties, at the same court, only one travel fee and one per diem compensation shall be allowed for attendance. Both shall be taxed in the case first disposed of, after which the per diem attendance fee alone sliall be taxed in the other cases in tlie order in wliich they are disposed of. When a 104 Criminal Pkocedure of witness is detained in prison for want of security for his aj)pear- ance, lie shall be entitled, in addition to his subsistence, to a com- pensation of one dollar a day. (iSec 848 Rev. Stat. U. *S'.) No oflacer of the court entitled to witness fees,— Xo officer of the United States courts, in any State or Territory, or in the Dis- trict of Columbia, shall be entitled to witness fees for attending before any court or commissioner where he is officiating, (*SV6\ 849? Bev. Stat. U. S.) Expenses of clerks and officers sent away as witnesses paid. — When any clerk or other officer of the United States is sent away from his place of business as a witness for the Government, his necessary expenses, stated in items and sworn to, in going, return- ing, and attendance on the court, shall be audited and paid; but no mileage, or other compensation in addition to his salary, shall in any case be allowed. QSec. 850, Rev. Stat. U. S.) Seamen sent home as witnesses. — There shall be paid to each seaman or other person who is sent to the United States from any foreign port, station, sea, or ocean, by any United States minister, charg/ d'affaires, consul, captain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensation, exclusively of subsistence and transportation, as such court may adjudge to be proper, not exceeding one dollar for each day necessarily employed in such A^oyage, and in arriving at the place of examination or trial. In fixing such compensation the court shall take into consideration the condition of said seaman or witness, and whether his voyage has been broken up, to his in- jury, by his being sent to the United States. When such seaman or person is transported in an armed vessel of the United States, no charge for subsistence or transportation shall be allowed. When he is transported in any other vessel, the compensation for his transportation and subsistence, not exceeding in any case fifty cents a day, may be fixed by the court, and shall be paid to the captain of said vesssel accordingly. Sec. 851, Rev. Stat. U. S. JUEOES' FEES. For actual attendance at any court or courts, and for the time necessarily occupied in going to and returning from the same, two dollars a day during such attendance. (The per diem of jurors as fixed by tlie Revised Statutes was three dollars per day, but was changed to two dollars by the following provision of the Act of UNITED States Courts. 105 June 30, 1879 : Sec. 2. That the per diem pay of each juror, grand or petit, in any court of the United States, shall be two dollars. 21, Stat. L. 43.) For the distance necessarily traveled from their residence in going to and returning from said court by the shortest i^racticable route, five cents a mile. {Sec. 852 Rev. Stat. U. S.) printer's fees. For publishing any notice, or order, required by law, or the law- ful order of any court, department, bureau, or other person, in any newspaper, except as mentioned in sections thirty-eight hundred and twenty-three, thirty-eight hundred and twenty-four, and thirty- eight hundred and twenty-five. Title : " Public Printing, Adver- tisements, and Public Documents," forty cents per folio for the first insertion, and twenty cents per folio for each subsequent in- sertion. The compensation herein provided shall include the fur- nishing of lawful evidence, under oath, of publication, to be made and furnished by the printer or publisher making such publication. {Sec. 853 Rev. Stat. U. S.) The term folio in this chapter shall mean one hundred words, counting each figure as a word. Where there are over fifty and under one hundred words, tliey shall be counted as one folio ; but a less number than fifty words shall not be counted, excej)t when the whole statute, notice, or order contains less than fifty words. {Sec. 854, Rev. Stat. U. S.) FEES : HOW PAID AND RECOVERED. Jurors and witnesses, when paid by Marshal. — In cases where the United States are parties, the marshal shall, on the order of the court, to be entered on its minutes, j)ay to the jurors and wit- nesses, all fees to which they appear by such order to be entitled, which sum shall be allowed him at the Treasury in his accounts. {Sec. 855, Rev. Stat. U. S.} Pees of District Attorneys, Marshals and Clerks, how paid. — The fees of district attorneys, clerks, marshals and commissioners, in cases where the United States are liable to pay the same, shall be paid on settling their accounts at the Treasury. {Sec. 856, Rev. Stat. U. S.) Fees, how recovered. — The fees and compensations of the officers 106 Criminal Procedure of and persons hereinbefore mentioned, except those which are directed to be paid out of the Treasury, shall be recovered in like niauner as the fees of the officers of the States respectively for like services are recovered. (^jSec. 857, Rev. Stat. U. S.) BILL OF COSTS : HOW TAXED. The bill of fees of the clerk, marshal, and attorney, and the amount paid printers and witnesses, and lawful fees for exempli- fications and copies of papers necessarily obtained for use on trials in cases where by law costs are recoverable in favor of the pre- vailing party, shall be taxed by a judge or clerk of the court, and be included in and form a jjortion of a judgment or decree against the losing party, such taxed bills shall be filed with the papers in the cause. (^Sec. 983, liev. Stat. U. S.) To be sworn to before taxed or allowed.— Before any bill of costs shall be taxed by any judge or other officer, or allowed by any officer of the Treasury, in favor of clerks, marshals, commissioners, or district attorneys, the party claiming such bill shall prove by his own oath, or that of some other person having a knowledge of the facts, to be attached to such bill, and filed therewith, that the services charged therein have been actually and necessarily per. formed, as therein stated. (^Sec. 984, Rev. Stat. U. S.') ACCOUNTS OF CLERKS, MARSHALS, DISTRICT ATTORNEYS, AND COMMISSIONERS : HOW TO BE PROVEN AND PRESENTED BEFORE TAXING OR ALLOWING. Be it enacted, etc.— That before any bill of costs shall be taxed by any judge or other officer, or any 'account payable out of the money of the United States shall be allowed by any officer of the Treasury, in favor of clerks, marshals, or district attorneys, the party claiming such account shall render the same with the vouchers and items thereof, to a United States circuit or district court, and in presence of the district attorney or his sworn assistant, whose presence shall be noted on the record, prove in open court, to the satisfaction of the court, by his own oath, or by that of other persons having knowledge of the facts, to be at- tached to such account, that the services therein charged liave been actually and necessarily performed as therein stated ; and that the disbursements charged have been fully paid in lawful money ; and the court shall thereupon cause to be entered of recoi«d an United States Courts. 107 order approving or disapproving the account, as may be according to law, and just. United States Commissioners shall forward their accounts, duly verified by oath, to the district attorneys of their respective districts, by whom they shall be submitted for approval in open court, and the court shall pass upon the same in the manner aforesaid. Accounts and vouchers of clerks, marshals and district attorneys shall be made in duplicate, to be marked respec- tively " original " and "duplicate." Audit shall be the duty of the clerk to forward the original accounts and vouchers of the officers above specified, when approved, to the proper accounting officers of the Treasury, and to retain in his office the duplicates, where they shall be open to j^ublic inspection at all times. Nothing contained in this act shall be deemed in anywise to diminish or affect the right of revision of the accounts to which this act ap- plies by the accounting officers of the Treasury, as exercised under the laws now in force. (Act. of Feb. 22, 1875, 18 /Stat. L. 333.) INSTRUCTIONS TO UNITED STATES ATTORNEYS, CLERKS, AND CO^IMISSIONERS, AS TO THE RENDITION OF THEIR ACCOUNTS. Regulations Prescribed by the Accountmg Officers of the Treasury Department. United States attorneys, clerks of the United States courts, and United States commissioners will hereafter render their accounts quarterly, for the quarters ending March 30th, June 30th, Septem- ber 30th, and December 31st, or half yearly, ending June 30th and December 31st. If an account be rendered differently it will be held and set- tled at the close of the then current quarter. Each account rendered, as above required, must contain charges for all fees, etc., earned during the quarter, but commissioners will not charge for issuing warrants and subpoenas in a case where the same have not been returned. Explanations to suspensions in any quarterly account will be held for the settlement of the next quarterly account. Clerks and commissioners will in all instances give dates, on the left hand margin of their accounts, showing when each warrant and subp(jena was issued and each recognizance taken. The attention of clerks and commissioners is called to the clause in the fee-biil requiring them to include the names of as many 108 Criminal Peoceduee of witnesses in each subpoena as convenience in serving the same will permit. Accounts of United States marshals, attorneys, clerks, and commissioners, after proper verification and approval, must be transmitted to the First Auditor of the Treasury, except — 1st Accounts for fees earned in cases for breach of postal con- tracts or postmasters' bonds, which must go to the Auditor of the Treasury for the Post Office Department ; and 2d. Accounts for fees or expenses in civil customs cases, which must be rendered separately and sent to the First Auditor ; both latter classes of accounts subject to verification and approval as provided by act of Feb. 22, 1875. The receipt of the accounts will be duly acknowledged by the Auditor, and all communications relative to their settlements should be addressed to the First Comptroller ; in the case of ac- counts for fees in civil customs cases, to the commissioner of Cus- toms ; and in postal cases, to the Auditor of the Post Office De- partment. All explanations of suspensions made in the settlement of ac- counts, exclusive of customs and postal, must be addressed to the First Comptroller; the explanations in customs and postal ac- counts to be sent to the Commissioner of Customs and Auditor of the Post Office Department, respectively. When explanations of suspensions in different accounts are made at one time by a marshal, a separate statement for each appropriation should be submitted, and all inclosed in one letter to the Comptroller. Attorneys, clerks, and commissioners will render their accounts quarterly, for the quarters ending March 31st, June 30, Septem- ber 30, and December 31, or half yearly, ending June 30 and December 31. In all suits on bonds, attorneys, marshals, and clerks, will state the nature of the bond and cause of action. In charging commissions, on money received and paid over, clerks of courts should state what disposition was made of the money, in addition to giving names of defendants and nature of case wherein it accrued. When accounts are verified before others than United States officers authorized to administer oaths, the authority of said per- sons to administer oaths must accompany the verification, unless said persons are authorized by State law to use a seal, in which case the seal should be attached. The accounts of attorneys and mar- shals should be sworn to before clerks of their respective courts ; United States Courts. 109 and in the case of commissioners, where it is impracticable to appear before a United States officer for this purpose, tlie qualification to the exception, as above, should always be observed. In all accounts for fees the verification must conform strictly to the act of Feb. 22, 1875, to wit : " That the services therein charged have been actually and necessarily performed as therein stated." In all cases the date of process and of the performance of each service must be given in the voucher for service ; and the voucher show by wliom each writ is issued. j^CCOUNTS OF UNITED STATES ATTORNEYS. Accounts of United States attorneys must include all charges for services rendered during the quarter or half year which said accounts cover, whether rendered in circuit or district court, or before United States commissioners. Attorneys will charge — 1st. The travel to attend the sessions of the court. 2d. The per diems for attendance, giving dates of each day's at- tendance claimed. 3d. The attendance and travel to attend examinations before United States Commissioners, giving name of commissioner, names of defendants, nature of the offenses and dates of attend- ance. 4th. The fees claimed for court trials, first in the circuit court, following with those in the district court. In charging fees. Attorneys will use the following form : FORM OF TJ. S. attorney's ACCOUNT FOR FEES. The United States^ Charge. Indictment-Retailing liquors John^Smith. / without paying the special tax. Date. Case discontinued $ 5. Or judgment by the court without jury 10. Or jury trial ; verdict 20. Or jury trial on indictment ; verdict guilty. . . . 20. Additional counsel fee allowed by court. .... 30. In charging for scire facias and other proceedings on recognizance, the account must state that such proceedings were final. 110 Crimixal Procedure of In cliarging for depositions taken, the ficconnt mnst state that each deposition charged for was admitted in evidence in the case. In charging the extra counsel fee for conviction before a jury, the Attorney must state that the case was brought on indictment. The law relative to this allowance is construed strictly, and the extra counsel fee is not allowed Avhere the cases are brought by information. [Tlie Attorney-General, in a circular letter addressed to district attorneys, directs that whenever they have obtained the approval of the court to the extra counsel fee they shall for- ward with their account of the same to the First Auditor a brief statement of the points and circumstances in each case, which ren- der it one of the importance and difficulty contemplated by the Statutes. From this Statement, which will be submitted with the account ( in cases where the First Auditor may deem necessar}^ ) to the Attorney-General, will be determined whether such extra counsel fee should be allowed in the final settlement.] Attorneys cannot charge for attendance on court, nor before United States Commissioners, by their Assistants, who are paid a regular salary for such services, nor for travel by assistants. Accounts for services rendered in Post Office cases ( except criminal) should be made out separately and forwarded to the au- ditor of the Post Office Department. ACCOUNTS OF UNITED STATES COM:NnSSIONERS. Accounts must be rendered quarterly or half-yearly. If ren- dered for fractions of quarters, they will be held up for settle- ment until the expiration of such quarter. The fees in any one case must not be divided between two accounts, but should be included in the account for the quarter in which the process was returned or hearing had. Where a preliminary hearing is held the latter part of a quarter or fiscal year, and the final examination the beginning of the following quarter or fiscal year, all the fees in the case must be charged in the account for the quarter or half year in which the final examination is held. Commissioners will verify their accounts in the following form : "I, A. B., a United States Commissioner for the district' of , being duly sworn, dej)Ose and say that the fees charged in the foregoing account, amounting to the sum of dollars, United States Courts. Ill are just and true as therein stated, and that no part of the same have been received by me, and that the services therein charged have been actually and necessarily performed as therein stated. A. B. United States Commissioner. Sworn to and subscribed before me this .... day of .... 188 " When several complaints are made at one time against a person for different offenses, only one warrant should be issued for his arrest. If other warrants be found necessary they can be issued when defendant is before the commissioner. Accounts should be endorsed as follows : "Statement of Account of A B United States Commissioner, for district of Post office address, " No charges can be made for swearing defendant's witnesses or issuing subpoenas for them. On the termination of each case the commissioner will tax upon the warrant the fees of marshal or deputy serving the process in the case ; and where the rules of court require copies of process to be returned in lieu of originals, the costs must be indorsed on the copies. Where a commissioner issues process to be returned before some other commissioner, the statement of such fact must appear in the account wherein the fees for issuing process are charged, and the Commissioner hearing the case will state the name of the person who issued the process. Where a hearing is had under Section No. 1042, Revised Statutes, the commissioner will charge but $5 per day for his services, no other fees being authorized. When a case is necessarily continued for further examination, and the defendant is committed or bailed, no more than one mittimus or recognizance is necessary pending the examination. No per diem fee is chargeable for a day when tliere is neither hearing nor deciding on a criminal charge as when, by request of 112 CuiMixAL Procedure of the District Attorney or defendant, a continuance is granted with- out other proceedings. A witness subprenaed in several cases at the same time is en- titled to but one mileage for travel, and for attendance to one per diem each day. FORM OF U. S. commissioner's ACCOUNT. The United States. | qi-,^^^^^ Fassing counterfeit obliga- { tions of U. S. Date of services. July 1, 188- Drawing complaint, 3 folios, 45 cents ; oath, 10 cents ; filing 10 cents $ ' .65 " " Issuing warrant, 81,00 ; entering return, 15 cents, filing same 10 cents 1.25 " " Issuing subpoena, 25 cents ; entering return, one folio, 15 cents ; filing same, 10 cents. .50 " " Administering oath to witnesses for U. S. 10 cents 10 " " Issuing temporary commitment, $1.00; en- tering return, 15 cents ; filing, 10 cents. . 1.25 July 10, 188- Drawing bond for appearance of defendant with — sureties, 3 folios, 45 cents 45 " " Taking — ■ acknowledgments at 25 cents each. " " Taking — oathsof justification of surety, at 10 cents " " Hearing and deciding the case, one day. . 5.00 " " Making dockets where issue is joined and (testimony given, $3.00) no testimony given 2.00 " " Drawing recognizance of defendant for ap- pearance at court, 5 folios, 75 cents ; ack- knowledgment of sureties 25 cts. . . 1.00 " " Drawing justification of sureties, 2 folios, 30 cents, two oaths thereto, 20 cents. . . .50 " " Drawing recognizance of witnesses, 5 folios, 75 cents ; acknowledgment, 25 cents. . 1.00 " " Taking oaths of witness as to attendance and mileage — 3 oaths at 10 cents each. . .30 " " Certificate to marshal for pay of witnesses, 2 folios at 15 cents 30 " " Copy of process for court (where rule of court requires copy instead of original) — folios at 15 cents per folio. Total 814.30 United States Courts. 113 The commissioners should proceed in like manner with each case in which fees are claimed for services rendered during the same quarter, specifying in detail the services rendered, always giving in the margin the dates when rendered. After duly verifying his account by oath as provided above, the commissioner should forward his account to the United States dis- trict attorney for liis judicial district, to be by him submitted for approval in open court. On receiving his account back from the district attorney the commissioner should send it, together with the order of court al- lowing it, to the First Auditor of the Treasury, Washington, D. C. ]\LVRSHALS' ACCOUNTS. Where marshals or deputies are engaged in serving process near the end of a fiscal year and service is completed in the beginning of the next, the charges should appear in the accounts for the year in which service is completed. In cases, however, wdiere an endeavor is made to arrest without completing service, the charges for expenses while endeavoring to arrest should be made in the respective accounts to which they belong. Marshals will number their accounts current consecutively un- der each appropriation each year. Thus : " First account fees of jurors, 1883." " Second account fees of jurors, 1883," and so on under each appropriation. It is understood that " 1883 " is the fis- cal year ending June 30, 1883. In charging commissions for disbursements in fee accounts they will state by the numbers of the accounts current for disburse- ments, the amounts on which commissions are charged. It frequently happens that between the time of transmission of an account to the Auditor and examination by him, advances are made to the marshal which are charged by the accounting officers and appear in the Treasury statement. Instead of taking up Treasury balances, marshals in their next accounts current for same fiscal year should bring forward their own balances and credit the advances. The services of each deputy will be stated in a separate voucher, verified by the oath of the depvity in the following form : "I, A. B., Deputy United States Marshal for District of , being duly sworn, depose and say, that the services and 114 Criminal Pkoceduke of travel licrein charged have been rendered on the dates • as given by me and herein stated ; that all sums charged for meals for pris- oners were furnished by me and actually cost the sums charged in each case; that the guards named were necessary and performed the service as stated in their several certificates, and that all expenses to arrest were actually necessary, in serving the process." PAYMENTS TO WITNESSES AND JUEOES. Receipts will be taken on pay-rolls, and to avoid suspensions care must be taken where a receipt is by -f mark that it is properly attested. Where more than four witnesses are paid on commission- er's order in any case, tlie materiality of their testimony must be certified to by the district attorney on the order before payment. Payments of actual expenses to United States officers summoned as witnesses must be accompanied by vouchers giving items of ex- penses properly sworn to, and the title of such officers must appear in the voucher. The marshal is entitled to but one mileage for all Government witnesses served in one locality or direction at the same time, no matter how many writs of subpoena he may have, or what may be their form. An unlawful, because unnecessary, issue of two writs to accomplish the purpose of one, can give neither the clerk nor tlie marshal a right to increased fees.. Excessive or unreasonable charges in such bills should be stricken out by marshals. For transportation of criminals after sentences to prisons, des- ignated by the Attorney-General, the marshal will render his bill of expenses with vouchers to the Attorney-General for his ap- proval, and charge the amount in his account for fees and expenses of marshal. Where actual expenses are charged in serving criminal process receipt must accompany the voucher for all guard hire charged. No more guards than are absolutely necessary should be em- ployed in the transportation of prisoners. Hereafter certificates from guards will be required as vouchers, ( except when receipts are given for per diem compensation), when expenses are charged in lieu of mileage. — Before Commissioner. Date. I certify that I was employed to serve as a guard before commis.- United States Courts. 115 sioner E. F., in the case of United States vs. G. H., on the day of , 188----, and that I actually performed tlie service. My place of residence is " Stationery and blanks for the use of marshals, clerks, attorneys, or commissioners are not furnished at the expense of the United States and are not chargeable in marshals' accounts. In charging for summoning of jurors to any court the number of jurors and the number of miles actually traveled must be speci- fied. The allowance for expenses while endeavoring to arrest a person charged with crime is not a per diem fee and should not be so charged. Hereafter the items of expense, the dates, and the dis- tance traveled must be specified in the vouchers. The following illegal charges are pointed out as of frequent occurrence : The charge of $2 for serving a subpoena duces tecum. The fee of 50 cents only is authorized, as for other subpoenas. The charge of " expenses endeavoring to arrest," when actual expenses to serve process are charged in lieu of mileage. The charge of mileage to serve subpoena where actual expenses have been charged to serve the warrant both being served on the same trip. The charge for serving order on jailer to produce prisoner to find bail when held to appear for court. Charges for copies of process to serve. When service is by copy the fee for service covers all. The charge for mileage to serve process when no service is made. When marshals fail to perfect service of subpoena or sum- mons, no charges are allowed, but where there is an effort and failure to execute a warrant of arrest, not exceeding $2 a day may be charged. The charge for attendance of marshal on court when he has been absent serving process. Where it is impracticable for a mar- shal to attend the sessions of the court, he can designate some deputy to represent him, charging in the name of said deputy the usual per diem of $5 for each day's attendance. The charge of mileage to attend an examination before a United States Commissiouer, unless transporting a prisoner. 116 Criminal Pkoceduke of Employment of Cruards hy Marshals. ■ " Dist. of , 188.... I hereby certify that I have been employed and have acted days, as a guard over , a United States prisoner, in charge of deputy marshal, from to , being a distance of miles. (Name of Guard) (Post-office Address) (Name of Witness) Post-office address, " In every instance hereafter, where a guard is employed, the above certificate must be made out to contain all the information that it calls for, to wit : The name of the district ; the date and place where the certificate is made ; the number of days the guard is employed, and also the month and days of the month when the services were performed ; the name of the prisoner and the name of the marshal or deputy in whose custody he is ; the points be- tween which the guard travels, and the total number of miles. The guard must sign the certificate and state his post-office address. If the guard cannot write, his mark may be witnessed by a disin- terested person, in which case the witness must also state his post- office address. The certfficate must accompany each account when forwarded to the Treasury for settlement, without which certificate all fees for services of guard will be disallowed. 1 PART II. FORMS AND PRECEDENTS U. S. COilMISSIONEE'S FOEMS. No. 1. Complaint to Crmind Warrant. United States of A:\iekica. I District of P^- Before • , a Com- missioner of the circuit Court of the United States for the District of to take bail, etc. , of in the County of and state of , on oath, deposes and says tliat , late of the district aforesaid, heretofore, to wit, on the day of A. D. 18...., at said district, did '[here insert the (/round of complaint^ stating facts necessary to constitute an offense against United 8tates~\ contrary to the form of the stat- ute in such case made and provided, and against the peace and dignity of the United States. Wherefore, the said deponent prays that the said maybe apprehended and dealt with according to law. And furthermore, the said deponent prays that , whom he has reason to be- lieve and does believe are material witnesses to the subject-matter of this complaint, may be duly summoned to appear and give evi- dence thereto. Subscribed and sworn to before me this day of 18 Commissioner of the Circuit Court [Official Seal.] 117 118 Criminal Pkoceduke of No. 2. Warrant of Arrest. United States of America, District of '' The United States of America to the Marshal of the District of Greeting: Whereas, has made complaint in writing under oath to me, the undersigned, a commissioner appointed by the circuit court of the United States for the District of to take bail, charging that did, on to wit, the day of 18. . ., at [Jiere set forth the offense charg- ed in the complaint^ contrary to the form of the statute in sucli case made and provded and against the peace and dignity of the United States of America. Now therefore, 3'ou are hereby commanded, in the name of the United States of America, to apprehend the said wher- ever found in your district, and bring his body forthwith before \any proper officer having jurisdiction in the district^ at office in , that he may then and there be dealt with ac- cording to law for said offense. And have you then and there this writ. Given under my hand and seal, this day of 18.. . Commissioner of the Circuit Court for the- [Official Seal.] District of No. 3. /Subpoena for Witnesses. United States of America, District of ss. The United States of America, To the Marshal of the District of ^ Greeting : We command you to summon if he . . . be found in your District, to be and appear before me, a commissioner of the Circuit Court of tlie United States for the District of at my office, at United States Courts. 119 in said district forthwith (or, on the day of at the hour of ) to testify in belialf of in the matter of a cei'tain complaint of the United States against And this they are nowise to omit. Witness, Commissioner as aforesaid, this day of in the year of our Lord one thousand eight hundred and and of our Independence the one hundred and U. S. Commissioner. No. 4. Mittimus Pending Examination. United States of America. District of The United States of America to the Marshal of said District and to the keeper of the jail of the county of in said Dis- trict, Greeting ; Whereas, has been arrested and brought before me, a Commissioner of the Circuit Court of the United States of America for said district, to take bail, for examination, by virtue of a war- rant issued by me, upon the complaint of , made before me in writing, on oath, charging the said with having on the day of at said district [liere state the offense charged^ and said examination having been by me con- tinued until the day of at o'clock , for the reason that you the said Marshal are hereby com- manded that you receive the said and commit him to the custody of the jailer of said county, and you the keeper of the said jail of said county, are hereby commanded to receive the said into your custody, there to remain until discharged by due course of law. In witness whereof, I have hereunto set my hand and seal at my office in said district this day of , A. D. 18 , , Commissioner as aforesaid. [Official Seal.] 120 Criminal Pkoceduke of No. 5. Final Mittimus. United States of America. \ District of ( The United States of America, to the Marshal of the ... District of , and to the keeper of the jail of the county of , in said district, Greeting: Whereas, has been charged in writing, on oath, before me, the undersigned, a Commissioner of the Circuit Court of the United States for said district, to take bail, with having committed an offense against the United States, in this : that he on the day of , A. D. 18 , at , in said district, did , and after an examination being this day had by me, it appearing to me that said offense had been committed, and probable cause being shown to believe that said committed said offense as charged, I have directed that the said be held to bail in the sum of 8 to appear at the first day of the term, A. D. 18 , of the District Court of the United States for the District of , and behaving failed to give the recjuired bail, now you, the said marshal, are commanded to commit him, the said -.. to the custody of the keeper of said jail of the said county of , and you the keeper of said jail of the said county of , are hereby commanded to receive the said and liim safely keep until discharged by due course of law. In witness whereof, I have hereunto set my hand and seal, at m}' office in said district, this day of , A. D. 18 , , Commissioner as aforesaid. [Official Seal.] No. 6. Recognizance of Accused Pending ^Examination. United States of America • District of. ' ' ' Before me , a Commissioner of the Circuit Court of the United States for the District of , to take bail. United States Coukts. 121 personally appeared , and entered into recognizance as follows : AVe , as principal, and , as sure- ties, of the county of and State of , acknoAvledge ourselves to owe and be indebted to the United States of America in the penal sum of $ , subject, however, to the following con- dition, to wit : Whereas, the said has been charged on oath, in writing before me, Commissioner as aforesaid, with having committed an offense against the United States, in this, that on the day of A. D. 18 , at in the district of , the said did , and upon said charge being made as aforesaid, the said , Commissioner as aforesaid, did issue his warrant for the arrest of the said , And whereas, the said , one of the parties above named, has been brought before me, the said Commissioner as aforesaid, to answer to the said charge, and the examination of the said has been continued by me until the day of , A. D. 18 , at .... o'clock Now, therefore, if the said shall be and appear before me, the said commissioner, at my office in the City of , in the said district, on the day of A. D. 18 , at o'clock M., and from day to day thereafter until discharged by the order of said commissioner, then and there to answer to the United States of America on said charge, abide the order of said commissioner and not depart from his presence without leave, then this recognizance to be void, otherwise to remain in full force and effect. Witness our hands and seals this day of , A. D. 18 , [Seal.] , [Seal.] , [Seal.] Taken and acknowledged before me, this day of A. D. 18 , Commissioner. [Official Seal.] 122 Ckiminal Pkocedure of No. 7. Final Recognizance of Accused. United States of America \ Districtof \ Before me a Commis- sioner of the Circuit Court of the United States for the District of to take bail, personally appeared and entered into recognizance as follows ; We, as principal, and as sureties, of the county of and State of acknowledge ourselves to owe and be indebted to the United States of America, in the penal sum of dollars, to be levied of our respective goods and chattels, lands and tenements, subject, however, to the following condition, to wit : Whereas the said has been charged on oath, in writing, before the said commissioner as aforesaid, with having com- mitted an offense against the United States, in this, that on the day of A. D. 18.., at in the Dis- trict of the said did and upon said charge being made as aforesaid, the said , commis- sioner as aforesaid, did issue his warrant for the arrest of the said And whereas, the said , one of the parties above named, has been brought before the said , commissioner as afore- said, to answer to the said charge, and witnesses have been duly sworn and examined in relation to said charge, in jjresence of said and upon such examination, it appearing to the said commis- sioner that the offense with which the said stood charged as aforesaid, had been committed, and that there was probable cause to believe the said to be guilty thereof, [ or, the said having waived the examination] the said commis- sioner thereupon ordered the said to find sufficient bail in the sum of dollars, for his apj^earance at the term of the District Court of the United States for the District of , to be holden at the city of on the day of A. D. 18... , to answer all such matters and things pertaining to said charge as should be objected against him, and that in default of finding such bail the said should stand committed for trial. United States Courts. 123 Now, therefore, if the said shall personally be and appear before the said District Court of the United States for the said district, at the •• term thereof, on the day of A. D. 18...., to answer all such matters and things per- taining to the said charge as shall be objected against him, and abide the order of the court, and not depart the said court without leave, and make like appearance at each successive term of said court, w'^.il the charge shall have been duly disposed of, then this recognizance to be void, otherwise to remain in full force and virtue. Witness our hands and seals this day of 18 .... [Seal.] [Seal.] [Seal.] Taken and acknowledged before me, this day of A. D.18.... Commissioner. [Official Seal.] No. 8. Recognizance of Witnesses. United States of America. District of. Be it remembered that on this day of A. D. 18 ... before me a Com- missioner of the Circuit Court of the United States for the District of ' to take bail, personally come and acknowledge themselves to owe and be indebted to the United States of America in the full and just sum of dollars to be levied of their goods and chattels, lands and tenements, if default be made in the conditions following : The conditions of this recognizance are such that if the above bounden shall personally appear before the Dis- trict court of the United States for the District of on the first day of the next term thereof, to be begun and held at in said district, then and there to testify on behalf of the United States, in a cause wherein the said United States is plain- 124 Criminal Procedure of tiff and is defendant, and shall not at any time be absent from said court without leave, then this recognizance to be void ; otherwise to remain in full force and virtue. [Seal.] [Seal.] [Seal.] In testimony whereof, the said obligors have hereunto set their hands and seals the day and year above written. Signed, sealed and acknowledged before me, this day of , A. D. 18 .... Commissioner. [Official Seal.] No. 9. Affidavit of Attendance. United States of America. District of. ^ ' ' Before me, a Commis- sioner of the Circuit Court of the United States for the ... Dis- trictof to take bail, personally come who, being duly sworn, upon oath say that they have attended the examination in the case of the United States against , charofed with as witnesses in behalf of the United States, day. ., that they reside miles from the place where said examination was held, for which attendance and for mileage in traveling to and returning from said examina- tion they claim the compensation allowed by law. Sworn to and subscribed before me this day of A. D. 18... Commissioner. [Official Seal.] United States Courts. No. 10. Order to Pay Witnesses-. 125 United States of America. District of United States \ vs. > Charge : I certify that the several persons hereinafter named have attended before me as witnesses in behalf of the United States in the above entitled cause and that they are entitled to re- ceive from the United States the sums set opposite to their re- spective names for attendance and travel, which sums the marshal is hereby ordered to pay to said witnesses, to wit : Date. Names. Days attendance. Miles Traveled. Amount due. Commissioner. [Official Seal.] No. 11. Certificate of Proceedings. The United States of America. V8. Charge, • I a Commissioner of the Circuit Court for the District of to take bail, do hereby certify that on the day of 18.., , came before me and made oath in writing, charging that on the day of 18.. at the defendant 126 CiiiMiXAL Procedure of did .,. ; that I filed said affidavit and issued warrant for the arrest of the defendant and siApoenas for the following named witnesses in behalf of the United States, to wit, : that said warrant was returned served by arrest of said defendant at in said dis- trict, on the •.. day of 18 . . ; that subpoenas were re- turned served on at in said dis- trict ; that defendant and witnesses being present an examination was had and defendant required to give bail for his appearance at the term of the U. S. District Court for said district, to be held on the day of at, and that the witnesses were recognized to said term of said court. Copies of the process and the recognizances of the defendant and wit- nesses are herewith returned into the clerk's office of said court. In witness whereof I hereunto set my hand and seal, at my of- fice in said district, this day of A. D. 18. .* , Commissioner. [Official Seal] No. 12. Complaint to Ground Extradition Warrant. United States of America. District of ss. Be it remembered, that on this day of A. D. 18. ., before me, the undersigned, a Com- missioner of the Circuit Court of the United States for the District of ...., to take bail, and duly authorized by the said court to issue warrants for the extradition of fugitives from jus- tice of foreign governments, personally appeared , of who being by me first duly sworn, upon oath states that did on the day of A. D. 18— at within the jurisdiction and government of , commit the crime of , in that he did on the day and year last aforesaid at the place last aforesaid [here state facts constituting the offense charged in terms covered hy the treaty']^ against the peace and government of the said ; that the said is now a fugitive from justice of said , and that he did on or about United States Courts. 127 the day of , flee into, and is now found within the limits of this judicial district. Sworn to, and subscribed before me this day of A. D. 18. . . at my office, located at on street, in the cit}^ of , in said district. Commissioner. [Official Seal.] No. 13. Extradition Warrant, United States of Amekica. ) District of \ ^^' The President of the United States of America, To the Marshal of the District of , Greeting ; Whereas, complaint on oath in writing has this day of been made by before me, a Commissioner of the Circuit Court of the United States for the District of to take bail, and duly authorized by the said court to is- sue warrants for the extradition of fugitives from justice of foreign governments, alleging that did on the day of A. D. 18 . ., at within the jurisdiction and govern- ment of commit the crime of , in that he did then and there against the peace and government of the said , and that the said is now a fugitive from justice of said , and is now within the limits of this judicial district ; and whereas it appears to me that there exists a treaty or convention between the government of the United States and that of the for the extradition of fugitives from justice, and that the crime of , with which tlie said is charged is embraced in the terms of said treaty or convention of extradition. These are, therefore, to command you, with the necessary and projier assistance, forthwith to apprehend the said and to bring him before me, to be dealt with according to law and the provisions of said treaty of extradition. Given under my hand and seal this day of A. D. 18 .. at my office, at no on street in the city of Commissioner. [Official Seal.] 128 Ckimixal Procedure of No 14. Extradition Comtnitment. United States of America. (Southern District of (New York) \ ^^• lu the matter of (Thos. Kane.) This case having been heard before me, on requisition, through QAntliony Barclay, Esq, Her Britannic 3Iaje sty s Consul at the Port of Neiv York,), that the said (Thomas Kane) be committed for the purpose of being delivered up as a fugitive from justice, pursuant to the provisions of the treaty made between the United States and (G-reat Britain, Aug. 9, 1842), I find and adjudge that the evi- dence produced against the said (^Kane) is sufficient in law to jus- tify his commitment on the charge of {assault icith intent to commit murder) had the crime been committed within the United States. "Wherefore I order that the said {Tliomas Kane) be committed, pur- suant to the provisions of the said treaty, to abide the order of the President of the United States in the premises. Given under my hand and seal, at the city of {Neiv YorTc') this 29tli day of June) A, D. (1852). {Joseph Bridgham) Commissioner of [Official Seal.] the Circuit Court of the United States for the {Southern District of New York. No. 15. Certificate of Extradition Proceedings. The U:n'ited States of America. ) -, , , , , , Districtof J ^'^ ^^^e ^^^'^"er of I, , a Commissioner of the Circuit Court of the United States for the District of , being duly authorized by the said court to issue warrants for the extradition of fugitives from justice of foreign governments, do hereby certify that, pur- suant to a complaint of , duly made on oath before me, charging with having committed the crime of within the jurisdiction and government of , and with / United States Courts. 129 being a fugitive from justice of said country, I issued my warrant for the arrest of the said , and by virtue thereof he was by the marshal of the United States for said district arrested and brought before me for examination and hearing upon said charges, and that said examination and hearing was held on the day of A. D. 18.., Esq., appearing as counsel for the \_foreign government'\^ and Esq., appearing as coun- sel for the prisoner, and that I deem the evidence adduced before me sufficient to sustain the charges under the law, and the provis- ions of the treaty of extradition between the government of the United States and that of the [foreigyi government]^ and that I have accordingly, by my warrant under my hand and official seal dated 18. ., committed him to the jail, to await the order of the President of the United States in the premises. I further certify that the following is a true copy of all the testi- mony taken before me on said hearing and examination Witness my hand and seal this day of A. D. 18 . . Commissioner of the Circuit Court of the [Official Seal.] United States for the District of No. 16, Application of Poor Convict for Discharge. UNITED STATES OF AMERICA, DISTRICT OF United States j Application for Discharge from Imprisonment vs. > under the provisions of Section 1042 of the ) Revised Statutes of the United States. To , a Commissioner of the Cu'cuit Court of the United States, for said district. I hereby make application for discharge from imprisonment in County Jail, under the provisions of section 1042 of the Revised Statutes of the United States; and in support thereof state that I was sentenced to pay a fine of dollars 130 Criminal Proceduee of and costs by the District Court of the United States for the District of ; that I have been imprisoned for thirty days solely for non-payment of fine and costs, and that I am unable to pay the same. Applicant, day of 188 No. 17. Mandate to Jailer for the Production of Poor Convict. United States of America, District of The United States of America, to the Jailer of , Greeting; Whereas, application has this day been made before , a Commissioner of the Circuit Court of the United States for said District, by , for a discharge from imprisonment in the jail of , under the provisions of Section 1042 of the Revised Statutes of the United States. This is therefore to command you to produce the body of said before said Commissioner forthwith. To the Marshal of said District to execute. In Testimony whereof, I hereunto set my hand at my office in in said District, this day of [Official Seal.] 18... Commissioner U. S. Circuit Court for the District of United States Courts. 131 No. 18. Oath of Poor Convict. UNITED STATES OF AMERICA, District of United States \ Application for discharge from imprisonment vs. > under the provisions of /Section 1042 of the ) Revised Statutes. I, , do solemnly swear that I have not any property, real or personal, to the amount of twenty dollars, except such as is by law exempt from being taken on civil precept for debt by the laws of ; and that I have no property in any way conveyed or concealed, or in any way disposed of, for my future use or benefit. So help me God. Subscribed and sworn to before me, this ••• day of , A. D. 18 Commissioner U. S. Circuit Court [Official Seal.] for the District of No. 19. Certificate of Discharge of Poor Convict. United States of America, ) „ . District of j # Application for discharge from imprisonment i under Section 1042 of the Revised Statutes. It appearing to the Commissioner that , the above named defendant, has been imprisoned in the Sangamon County Jail for the period of thirty days, solely for the non-pay- ment of a fine and costs adjudged against him by the District Court of the United States for the District of , that he is unable to pay the same, and has complied with all the requirements of law. 132 Criminal Procedure of It is therefore ordered, that said be discharged from further imprisonment and go hence without day. Commissioner U. S. Circuit Court, for the District of day of 188... MAESHALS' AND CLERKS' FORMS. No. 20. Bench Warrant on Capias. DiSTEicT Court of the United States of Aimeeica, ) District of \ The United States of America, to the Marshal of the District of , Greeting: We command you to take if be found in your District, and safely keep, so that you have — before our Judge of our District Court of the United States for the District of , at the term thereof holden at .' , in the District aforesaid to answer unto the United States of America, in an indictment for and have you then and there this writ. Witness, the Hon , Judge of our said Court, at , aforesaid, this day of in the year of our Lord one thousand eight hundred and eighty- [Official Seal.] and of our Independence the one hundred and Clerk. No. 21. Return to Bench Warrant or Capias. I Certify, that on the day of 18 ...., at , in my district, I arrested the witliin named and have him United States Courts. 133 in my custody, as I am within commanded ; and that I am unable to find the within named in my district. Dated 18 .... U. S. Marshal, by Deputy. No. 22. Capias Pro Fine. District Court of the United States of America District of ss The United States of America, To the Marshal of the district of , Greeting: We command you that you take if be found in your District, and safely keep, so that you have before our Judge of our District Court of the United States for the District of , at the term thereof holden at , in the District aforesaid to answer unto The United States of America, for dollars fine, and dollars and cents costs, lately in said court adjudged against him for together with dollars and cents accrued clerks' fees, and have you then and there this writ. Witness, The Hon , Judge of our said Court at , aforesaid, this day of in the year of our Lord one thousand eight hundred and eighty- and of our Independence the one hundred and [Official Seal.] Clerk. No. 23. Return to Capias Pro Fine. I certify that on the day of at in my district, I arrested the within named and have him here in my custody, as I am within commanded ; (or in case of payment 13-1: Criminal Procedure of of fine and costs to Marshal,') and the within mentioned fine and costs, being on the day of 18 ... at paid by him in full he was then and there discharged from custody, and the amount of said fine and costs ($ ) is herewith returned into court. Dated 18 .... U. S. Marshal, by Deputy. No. 24. Attachment for Contempt. District Court of the United States. District of The United States of America, To the Marshal of the District of , Greeting : We command you, that you attach , if they be found in your district, and them safely keep, so that you have them before us, the District Court of the United States for the District of , at the term thereof now being holden at , in the district aforesaid, forthwith, to answer to the United States of America for certain trespasses and contempts brought against them in our court before us, and have you then and there this writ. Witness, the Hon Judge of our said court at , aforesaid, this day of A. D. 18.. and of our Independence the Clerk. [Official Seal.] No. 25. Return to Attachment. I have executed this writ by arresting at and have them now here in court as I am herein commanded, this ... day of AD. 18..; the within named not found in my district. U. S. Marshal, by Deputy. United States Cotjkts. 135 No. 26. Warrant for Removal of Prisoner to Another District. The United States of America, To the Marshal of the District of , Greeting : Whereas, it appearing to me that has been duly com- mitted by a Commissioner of the Circuit Court for the District of •.• upon the charge of hvaing on the day of A. D. 18 at , in the District of , committed an offense against the United States in this, that the said did then and there, at said district , and still remains and now is in the jail of County, within the District of there to remain under said commitment, until he shall be dis- charged by due course of law, or be removed into the District where said offense was committed ; and whereas, the said is unable to give bail, you are therefore hereby command- ed to take the body of the said and deliver him into the custody of the Marshal of the United States for the said District of , to be there dealt with according to law ; and do you then and there make return of this writ into the Clerk's office of the said District of In testimony whereof, I have liereunto set my hand and the seal of the said District Court for the District of this day of A. D. 18.., and of the Independence of the United States the one hundredth and District Judge. [Official Seal,] No. 27. Return to Warrant for Ret aoval of Prisoner, I received the within writ on the day of A. D. 18.. and in obedience thereto, did, on the day of A. D. 18.., take the within named and transport and deliver him into the custody of the United States Marshal for the District of , at U. S. Marshal. by Deputy. 136 CRiMiJfAL Procedure of No. 28. Receipt of Marshal for Prisoner. Received of U. S. Marshal for the District of , tliis day of , A. D. 18. ., the body of the within named U. S. Marshal for the District of No. 29. Marshal's Disclaimer of Fees. XNote. — When a person indicted in one district is discovered to be in another district, the marshal should secure a certified copy of the indictment, and upon pro})er representations being made to the District Judge of the District where defendant is found, the Judo-e will issue his warrant to the marshal of his own district to arrest the defendant and bring him before him for identification and upon the proper proof being made, will issue a warrant to his marshal for tlie removal of defendant to the proper district for trial. The visting marshal should then secure a deputization from the marshal in whose district defendant was arrested to transport the prisoner, and in order to be entitled to the fees for the same should also secure and attach to his account the following dis- claimer of fees : ] Office of United States INIaeshal for the District of 18— The United States J vs. \ Indictment for I Marshal of the United States for the District of , do hereby disclaim in favor of U. S. Marshal for the District of all my right, title and interest, in and to the fees and expenses in the above entitled case. U. S. Marshal District of United States Courts. 137 No. 30. Habeas Corjjus Ad Testificandum. United States of America. ) District of \ ^^^ The United States of America, To the Sheriff of (or as the case may be), Greeting : You are hereby commanded to have the body of now in prison (or as the case may be), under your custody, as it is said, under safe and secure conduct, to be and appear before our judge of our District Court for the- ■- District of at the term thereof to be holden at , in the district aforesaid, on the day of , A. D. 18.. to testify in behalf of the United States, and immediately after the said shall have then and there given his testimony, that you return him to the said prison (or as the case may be), and have you then and there this writ. Witness, the Hon Judge of our said District Court, this day of A. D. IS--- [Official Seal.] Clerk. No. 31. Subpoena for Witness before Grand Jury. District Court of the United States of America, District of The United States of America. To the Marshal of the District of Greeting: We command you to summon if be found in your District, to be and appear before our Judge of our District Court of the United States for the District of , at the next term thereof" holden at in tlie District aforsaid, on the day of A. D. 188 •••-, to testify in behalf of the United States. And this iu no wise to omit under the 138 Crimixal Procedure of the itenalty of the La^y in that case made and provided. And have you then and there this writ. Witness, the Hon , Judge of our said Court at aforesaid, this day of in the year of our Lord one [Official SeaL] thousand eight hundred and eighty- and of our Independence the one hundred and Clerk. No. 32. Subpoena for Witnesses in a Cause. District Court of the United Sta.tes of A]merica7 District of i *■* The United States of America, To the Marshal of the District of , ....Greeting: We command you to summon if be found in your District, to be and appear before our Judge of our District Court of the United States for the • District of , at the next term thereof holden at , in the District aforesaid, on the of to testify in behalf of the in a certain cause in said Court depending, wherein And this in no wise to omit under the penalty of the law in that case made and provided. And have you then and there this writ. Witness, the Hon , Judge of our said Court, at aforesaid, this day of in the year of our Lord one thou- [Official Seal.] sand eight hundred and eighty- and of our Independence the one hundred and Clerk. United States Courts. 139 No. 33. Return to Subpoena. I have personally served the within writ by reading the same to and in the presence and hearing of therein named, on the day of , 18..-- at within my district. The within named not found. U. S. Marshal, by Deputy No. 84. Affidavit of Attendance of Witness. United States of America. District of District Court, Term. A. D. 188 vs. being duly sworn, deposes and says that he was requested by the to attend the District Court of the United States for the District of , at the Term A. D. 188 , as a witness in behalf of the in the above entitled cause ; that he did attend as such witness at the said term days; that he resides miles from the city of , the place where the said court is held, for which attendance and for mileage in traveling to and returning from said Court he claims the compensation allowed by law. Sworn to and subscribed in open Court this^ day of A. D. 18 , Clerk. 140 Criminal Procedure of No. 35. Fee Bill of U. S. Witnesses. In The District Court of the Ukited States. For the Districtof No THE UNITED STATES. vs. • Term 188. WITNi:SSES m BEHALF OF THE UNITEB STATES. JVo , ,•••• dat/s $ , miles $ iVb , ,.•• dai/s $ , miles ^ No , ,.••• days $ , miles $ No , ,.... days $ , miles $ No , ,.••• days $ , miles $ No , ,.••• days $ , miles $ Taxed 188.. Clerk. No. 36. Order of Court for Payment of Witness. In the District Court of the United States for the District of No. A. D. 188 . Present: The Honorable , Judge. It is ordered hy the Court that the Marshal pay to , the sum of dollars and cents, for United States Courts. 141 his mileage and attendance at the present term of this Court, as a witness in behalf of the United States, to wit: Attendance from to 188 days, 'f Mileage from , County,... miles, $ Testified. Total, 8 United States of America, District of ss. I, , Clerk of the District Court of the United States for the District of , do hereby certify the foregoing to be a true copy of an order made by said Court on the day of 188 , as ap- pears from the records of said court now on file in my oifice. In testimony whereof, I have hereunto set my hand at my office in , in said District, this day of A. D. 188 [Official Seal.] Clerk. No. 37. Venire Facias. District Court of the United States, District of THE UNITED STATES OF AMERICA. to THE marshal OF THE DISTRICT OF , GREETING : We Command You to Summon if they be found in your District, to be and ap- pear before our Judge of our District Court of the United States for the District of , at the next term thereof, to beholden at , in the District aforesaid, on the day of next, to serve as Jurors for said Court, and have you then and there this writ. Witness, tlie Hon , Judge of our 142 Crimixal Procedure of said Court, at aforesaid, this day of , in the year of our Lord one thousand eight hundred and eighty and of our Independence the one hundred and [Official Seal.] Clerk.. No. 38. Order for the Payment of Juror. In the District Court of the United States for the District of No A. D., 188.. Present : The Honorable , Judge. It is ordered by the Court that the Marshal pay to the sum of dollars and cents, for his mileage and attendance as a Juror at the present term of this Court, and for the time necessarily occupied by him in traveling from and returning to his place of residence, to-wit : Attendance from to 188..., days at $2, $ Mileage from , County,.... miles, $ Time necessarily occupied in traveling daj^s $ Total, $ ... United States of America. ^ ^^^ District of I, , Clerk of the District Court of the United States for the District of do hereby certify the foregoing to be a true cojjy of an order made by said Court on the day of 188 , as apj)ears from the records of said Court now on file in my office. In testimony whereof, I have hereunto set my hand at my of- fice in , in said District, this day of A, D. 188. . . Clerk. United States Courts. 143 No. 39. Commitment to Penitentiary. At a session of the Court of the United States of America for the District of , held at ? in the said District, on the day of , in the year of our Lord one thousand eight hundred and eighty- .... were had the following proceedings : United States of America. } District of \ In the Court, Term, 18. . Present: The Honorable , judge. The United States. \ vs. > Indictment. The prisoner, , having been in- dicted and arraigned, and having been tried and convicted of the offense of , and having nothing to say why sentence should not be pronounced against him, the court does now adjudge and sentence the said for the said offense by him committed, to be imprisoned in the at , (and confined at hard labor) for the term of , and to pay the costs of this prosecution, amounting to the sum of dollars and cents, and to stand com- mitted until the amount of said costs shall have been fully paid. And it is furtlier ordered and adjudged that the marshal trans- port the said to the said , and de- liver him the said to the keeper of the said , and that the said keeper detain the said according to this sentence ; and that the clerk of this court immediately certify under the seal of the court, and de- liver to the marshal of the district, a copy of this judgment, sen- tence and order, to accompany the body of the said and to be left therewith at the said the said copy to be war- rant and authority for the transportation and imprisonment of the said , as hereinbefore provided. I, , Clerk of the Court of the United States for the District of , do hereby certify the 144 Criminal Pkocedure of foregoing to be a true copy of an original judgment, sentence and order of the said court, as filed in my office. In testimony whereof, I have hereunto set my hand and. affixed the seal of the said Court, at in said District, this ■••• day of in the year of our Lord one thousand eight hun- dred and eighty. ., and of the Independence of the United States the one hundred and . . . Clerk. [Official Seal.] No. 40. Marshal's Return to Commitment to Penitentiary. I have executed the within writ by transporting the within named to and delivering him to the keeper of the together with a certified copy of the Avithin mentioned judgment, sentence and order, as I am therein com- manded, this day of A. D. 18 . . U. S. Marshal, by Deputy. ATTORNEYS' FORMS AND PRECEDENTS. No. 41. Criminal Information. United States of Ainierica. District of ' At the Term of the Court of the United States for the District of , in the year of our Lord one thousand eight hundred and eighty. . ., leave being first had and obtained, comes Attorney for the United States for said district, and informs the court that, as appears from a complaint, under oath, now placed on file here- with, one , late of the District aforesaid, heretofore, to wit;onthe day of A. D. 18. ., with- in the said district, unlawfully did then and there, on the day and year last aforesaid, con- trary to the form of the Statute in such case made and provided and against the peace and dignity of the United States of America. U. S. Attornev. United States Courts. 145 No. 42. Indictme?it. — General Form. United States of America, ] District of ji Of the Term of the Court of the United States of America, within and for the District of in the year of our Lord one thousand eight hundred and eighty- The Grand Jurors of the United States of America, chosen, selected, and sworn, within and for the District of in the name and by the authority of the United States of America, upon their oaths do find and present that , late of the district aforesaid, heretofore, to wit : On the day of , in the year of ovir Lord one thousand eight hundred and eighty- , and within the said District of , unlawfully did then and there , contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America. 2nd. And the Grand Jurors aforesaid, upon their oaths afore- said, in the name and by the authority of the United States afore- said, do further find and present that , late of the district aforesaid, heretofore, to wit; On the day of , in the year of Our Lord one thousand eight hundred and eighty- , and within said district of , unlawfully then and there, on the day and year last aforesaid, at said district, did , contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America. , U. S. Attorney. [Endorsement.] A true bill. , Foreman of Grand Jury. No. 43. Indictment for offense on the high seas. United States of Aisierica, • District of T Of the Term of the Court of the United States of America, within and for the • District of in the 146 Criminal Procedure of year of our Lord one thousand eight hundred and eighty The Grand Jurors of the United States of America, chosen, selected, and sworn within and for the District of , in the name and by the authority of the United States of America, upon their oaths do find and present that , late of the dis- trict aforesaid, heretofore, to wit: On the day of in the yeav of our Lord one thousand eight hundred and eighty- , on the high seas, within the admiralty and maritime juris- diction of the United States, and out of the jurisdiction of any particular State, and within the jurisdiction of this court, in and on board a certain vessel, to wit: the ship called , [or a Vessel the name whereof is to the jurors aforesaid unknown], the same being then and there owned by and belonging in whole or in part to a citizen or citizens of the United States, to wit : , late of the district aforesaid [or to the jurors aforesaid unknown]^ did , contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America. , U. S. District Attorney. [Endorsement.] A true bill. , Foreman of the Grand Jury. No. 44. Indictment for offense committed at a place within the exclusive jurisdiction of the United States. United States of Ajnieeica | Districtof \ Of the Term of the Court of the United States of America, within and for the District of , in the year of our Lord one thousand eight hundred and eighty- The Grand Jurors of the United States of America, chosen, selected, and sworn within and for the Districtof , in the name and by the authority of the United States of America, upon their oaths do find and present that , late of the dis- trict aforesaid, heretofore, to wit : On the day of in the year of our Lord one thousand eight hundred and eighty- United States Courts. 147 , within the (navy 5'ard) in the city of , in the dis- trict aforesaid, the site of which said (navy yard) had been before the said day of , in the year hist aforesaid, ceded to the United States, and which said (navy yard) was then and there a phace under the sole and exclusive jurisdiction of the United States, and out of the jurisdiction of any particular State, and within the jurisdiction of this court, did , con- trary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America. ,, U. S. District Attorney. [Endorsement.] A true bill. , Foreman of the Grand Jury. No. 45. ^Indictment. — Conspiracy hy National Banh officers to commit offense agai^ist the United States. ^ Note. — This and the three following indictments were sustained at the Jan'y term 1886, of the District Court for the Southern District of Illinois, after au exhaus- tive argument as to their suflBciency. United States of America, \ District of ) Of the (June) Term of the District Court of the United States of America, within and for the (Southern) District of (Illinois), in the year of Our Lord one thousand eight hun.dred and eighty- Tlie Grand Jurors of the United States of America, chosen, selected, and sworn witliin and for the (Southern) District of (Illinois), in the name and by the authority of the United States of America, upon their oaths do find and present that (James E. Chandler and John B. Cummings), late of the district aforesaid, heretofore, to wit : On the (30th) day of (December) in the year of our Lcrd one thousand eight hundred and eighty-(four) and within the said. (Southern) District of (Illinois), unlawfully and with force and arms, did then and there, on the day and year last aforesaid, conspire, combine, confederate and agree together to 14 S CkIMIXAL PnOCEDURE OF commit a certain offence against the United States ; that is to say, the said (James E. Chandler), being then and there President of the (Farmers') National Bank of (Bushnell,) a national banking association then and there organized and carrying on the business of banking under and by virtue of the laws of the United States, at (Bushnell, Illinois,) in said District, and the said (John B. Cummings) being then and there cashier of the said (Farmers') National Bank of (Bushnell), they, the said (James E. Chandler), then and there President as aforesaid, and the said (John B. Cummings,) then and there cashier as aforesaid, did then and there unlawfully conspire, combine, confederate and agree together to unlawfully embezzle, abstract and willfully misapply certain of the moneys, funds and credits of the said (Farmers') National Bank of (Bushnell), to wit: (One hundred thousand dollars) thereof, with intent to injure and defraud the said (Farmers') National Bank of (Bushnell) ; that afterwards, to wit, on the day and year last aforesaid, at said district, the said (John B. Cummings), in pursu- ance of, and in order to effect the object of the said conspiracy, combination, confederacy and agreement so had as aforesaid, did then and there make to the Comptroller of the Currency certain reports of said association required by law, then and there containing certain false entries ; that afterwards, to wit, on the day and year last aforesaid, at said district, in pursuance of, and in order to effect the object of the said conspiracy, combi- nation, confederacy and agreement so had as aforesaid, they, the said (James E. Chandler and John B. Cummings), did then and there make certain false entries in certain of tlie books of the said (Farmers") National Bank of (Bushnell). Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the United States of America'. 2nd Count. And the Grand Jurors aforesaid, upon their oaths aforesaid, in the name and by the authority of the United States aforesaid, do further find and present, that the said (James E. Chandler and John B. Cummings), late of the district aforesaid, heretofore, to wit, On the (30th) day of (December), in the year of our Lord one thousand eight hundred and eighty-(four), at the said (Southern) District of (Illinois) unlawfully and knowingly, did then and there conspire to commit a certain offense against the United States ; that is to say, the said (James E. Chandler) being then and there President of the (Farmers') National Bank of (Bushnell), a national banking association then and there organized United States Couets. 149 and carrying on the business of banking under and by virtue of tlie laws of tlie United States, at (Buslniell) in tlie State of (Illi- nois), in said district, and the said (John B. Cuniinings) being then and there Cashier of said (Farmer's) National Bank of (Bush- nell), they, the said (James E. Chandler and John B. Cummings), did then and there unlawfully conspire, combine, confederate and agree together to unlawfully embezzle, abstract and willfully mis- apply certain of the moneys, funds and credits of the said (Farm- ers') National Bank of (Bushnell), to wit, (one hundred thousand) dollars thereof, with intent to injure and defraud the said national banking association ; that afterwards, to wit, on the day and year last aforesaid, at said district, in jnirsuance of, and in order to effect the object of the said conspiracy, combination, confederacy and agreement so had as aforesaid, the said (James E. Chandler) did then and there make and draw a certain order to and upon (W. F. Davey & Co., of New York) payable to the order of the said (James E. Chandler), (ninety) days after date thereof, to the amount of (five thousand) dollars, said order then and there being numbered (6485) ; that afterwards, to Avit, on the day and year last aforesaid, at said district, the said (James E. Chandler and John B Cummings) in pursuance of, and in order to effect the object of the said conspiracy, combination, confederacy and agree- ment so had as aforesaid, did then and there receive at said (Farm- ers') National Bank of (Bushnell), for and on account of said asso- ciation a large shipment of money, to wit, (fifteen hundred) dollars in currency, from the (First) National Bank of (Chicago), and did then and there fail to credit the said (First) National Bank of (Chicago) with said amount on the books of the said (Farmers') National Bank of (Bushnell) ; that afterwards, to wit, on the day and year last aforesaid, at said district, the said (James E. Chand- ler and John B, Cummings), in pursuance of, and in order to effect the object of the said conspiracy, combination, confederacy and agreement so had as aforesaid, did then and there receive from the (Importers and Traders') National Bank of (New York) a large amount of money, to wit, (seven thousand, five hundred and sixty-nine) dcdlars and (twenty seven) cents, on account of said (Farmers') National Bank of (Bushnell) in the matter of certain U. S. four per cent, bonds handled by the said (Importers and Traders') National Bank of (New York) for the said (Farmers') National Bank of (Bushnell) and did then and there fail to credit or account for the same on the books of the said (Farmers') Na- 150 Criminal Procedure of tional Bank of (Bushnell), contrary to the form of the Statute in snch case made and provided and against the peace and dignity of the United States of America. ((r. Van ITooreheke) \]. S.'Distvict Attorney. [Endorsement.] A True Bill. (U. R. Roe.) Foreman of the Grand Jury. Ko. 46. Indictment. — National Bank Preside^it aud Cashier mahing false entries in the Books and Reports of the association. United States of America, \ District of ^ Of the ( June ) Term of the (District) Court of the United States of America, within and for the (Southern) District of Illinois), in the year of Our Lord one thousand eight hundred and eiglity The Grand Jurors of the United States of America, chosen selected, and sworn within and for the (Southern) District of Illinois), in the^name and by the authority of the United States, of America, upon their oaths do find and present that (James E. Chandler and John B. Cummings, late of the district aforesaid, heretofore, to wit ; On the (30th) day of (December) in the year of our Lord one thousand eight hundred and eighty-(four) and within the said (Southern) District of (Illinois), unlawfull}^ and with force and arms, did then and there, on the day and year last aforesaid, make certain false entries in a certain book of the Farmers') National Bank of (Bushnell), the same being then and tliere a national banking association organized and carrying on the business of banking at (Bushnell) in said district, under and by virtue of the laws of the United States, of which said national banking association he, the said (James E. Chandler) was then and there President, and of which said association he the said (John B. Cummings) was then and there Cashier ; wdiich said book in which said false entries were then and there made as aforesaid was then and there the property of the said (Farmers") National Bank of (Bushnell), and then and there used in the carrjdng on of the said banking business of said association, and was then and there known United States Couets, 151 and designated as (" Depositors' Journal, G.")and which said false entries so made as aforesaid appear upon page (forty-six) of said book, at tlie bottom of the page, and are in the figures following, to wit; 12772.10 and 5817.65)— the first which set of figures, to wit, (12772.10) appears as entered in said book on (November 11th, 1884), and the latter, to wit, (5817.65), as of November 12th 1884, and both of which sets of figures then and there have reference to and purport to give information concerning the condition of said national banking association in the matter of certain certificates of deposit issued by the said (Farmers') National Bank of (Bush- nell), they the said (James E. Chandler and John B. Cummings) then and there knowing the said entries to be false and then and there with intent in them the said (James E. Chandler and John B. Cummings) to injure and defraud the said (Farmers') National Bank of (Bushnell), contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America. 2nd Count. And the Grand Jurors aforesaid upon their oaths aforesaid, in the name and by the authority of the United States aforesaid, do further find and present that the said (James E. Chandler and John B. Cummings), late of the district aforesaid heretofore, to wit, on the (30th) day of (December) in the year our Lord one thousand eiglit hundred and eighty-(four), at the said (Southern) District of (Illinois) did unlawfully and know- ingly make certain false entries in a certain large number of, to wit, ten reports of the (Farmers') National Bank of (Bushiiell), the said (Farmers') National Bank of (Bushnell) being then and there a national banking association organized and doing a banking business under and by virtue of the laws of the United States, at (Bushnell, Illinois), in said district, of which said association he the said (James E. Chandler) was then and there a Director and President, and of which said association he, the said (John B. Cummings,) was then and there Cashier, which said reports in which said false entries were then and there made as aforesaid, were each and all of them certain reports of said association in that behalf required by law to be made to the Comptroller of the Currency, to wit, reports of tlie condition of the said (Farmers') National Bank of (Bushnell), at the close of business respectively on the (30thday of December, 1882, March 13th, 1883, May lst,1883, June 22nd, 1883, October 2, 1883, December 31st, 1883, March 7th 1884, April 14th, 1884, June 20tli, 1881, and September 30th, 1884) 132 Criminal Peoceduke of and which said false entries then and tliere made as aforesaid are as follows, to wit : in the first above mentioned report, " Over- drafts — 3716.18 ; due from approved Reserve Agents (see sched- ule) — 128GG.35 ; Individual deposits subject to check;;— 01,303.86 ; Due to otliernational banks — 624.17; {proceed in like manner with a description of the false entries in each of the successive reports, and conclude as folloivs^ : they, the said (James E. Chandler and John B. Cummings) then and there knowing all of said entries to be then and there false, and then and there with intent in them the said (James E. Chandler and John B. Cummings) to deceive cer- tain officers of the said national banking association to the jurors aforesaid unknown, contrary to the form of the Statute in such case made and provided and against the peace and dignity of the United States of America. ((r. Van Hooreheke) U. S. District Attorney. Endorsement.) A True Bill. <^E. R. Roe^ Foreman of the Grand Jury. No. 47. Indictmenl — National Bank OJicers Embezzling etc.. Funds and 3Ioneys of Bank. United States of America. ) ( ss. District of ) Of the (June) Term of the (District) court of the United States of America, within and for the (Southern) District of (Illinois) in the year of our Lord, one thousand eight hundred and eighty ■■•• The Grand Jurors of the United States of America, chosen, selected, and sworn within and for the (Southern) District of (Illinois), in the name and by the authority of the United States of America, upon their oaths do find and present that (James E. Chandler and John B. Cummings'), late of the district aforesaid, heretofore, to wit : On the (30th) day of (December) in the year United States Courts. 153 of our Lord one tliousand eight hundred and eighty- (four) and within the said (Southern) District of (Illinios), unhiwfully and with force and arms, did then and there, on the day and year last aforesaid, the said (James E. Chandler) being President of a cer- tain national banking association then and there organized under and by virtue of the laws of the United States and then and there carrying on the business of banking at (Bushnell) in said district, to wit : The (Farmers') National Bank of (Bushnell), and the said John B. Cummings), being then and there Cashier of said banking association, embezzle and willfully misapply certain of the moneys of said (Farmers) National Bank of (Bushnell) , to wit : (One hun- dred thousand) dollars thereof, with intent in them the said (James E. Chandler and John B. Cummings) then and there President and Cashier as aforesaid, to injure and defraud the said (Farmers') National Bank of (Bushnell), contrar}^ to the form of the Statute in such case made and provided and against the peace and dignity of the United States of America. (G. Van Hoorebeke) U. S. District Attorney. [Endorsement.] A True Bill. (E. R. Roe), Foreman of the Grand Jury. No. 48. Indictment. — Aiding National Bank Officer to Embezzle^ etc.. Money ^ etc., of Bank. United States of America, ) District of ) Of the (June) Term of the (District) court of the United States of America, within and for the (Southern) District of (Illinois) in the year of our Lord, one thousand and eight hundred and eighty The Grand Jurors of tlie LTnited States of America, chosen, selected, and sworn within and for the (Southern) District of 154 Criminal Pkoceduke of (Illinois) in the name and by the authority of the United States of America, upon their oaths do find and jjresent that (James E. Chandler and John B. Cummings, late of the district aforesaid, heretofore, to wit ; On the (30th) day of (December) in the year of our Lord one thousand eight hundred and eighty (four) and with- in the said (Southern) District of (Illinois), unlawfully and with force and arms, did then and there, on the day and year last aforesaid, aid and abet one (James E. Chandler, then and there President of the (Farmers') National Bank of Buslinell, then and there a national banking association orfranized and doing a bank- ing business under and by virtue of the laws of the United States, at (Bushnell, Illinois) in said district, then and there to embezzle, abstract and willfully misapply a certain large amount of the moneys, funds and credits then and there belonging to the said (Farmers') National Bank of (Bushnell), then and there with intent in him the said (John B. Cummings), to injure and defraud the said (Farmers') National Bank of Bushnell) ; that is to say, the said (James E. Chandler), late of the district aforesaid, heretofore, to wit,, on the said (30th) day of (December) A. D. (1884) at the said (Southern) District of (Illinois) did knowingly and unlawfully embezzle, abstract and willfully misapply a large amount, to wit (one hundred thousand) dollars of the moneys, credits and funds of said (Farmers') National Bank of (Bushnell), he the said James E. Chandler then and there being President of the said (Farmers") National Bank of ^Bushnell), then and there with intent in him the said (James E. Chandler), to injure and defraud the said associ- ation, and the said (John B. Cummings) did then and there unlaw- fully and knowingly aid and abet the said (James E. Chandler), then and there President, as aforesaid knowingly and unlawfully to embezzle, abstract, and willfully misapply said moneys, funds and credits of the said (Farmers') National Bank of (Bushnell), then and there with intent in him the said, (John B. Cummings), to injure and defraud the said (Farmers) National Bank of (Bush- nell), contrary to the form of the Statute in such case made and provided and against the peace and dignity of the United States of America. (G. Van Hoorebeke) U. S. Attorney. [Endorsement.] A True Bill. (E. R. Roe) Foreman of the Grand Jury. United States Courts. 155 No. 49. Petition for Removal of Criminal case from State Court under Section 643 U. S. Revised Statutes. The People \ vs. > Indictment for murder. To the Circuit Court of the United States for the District of Your petitioner •• , defendant in tlie above entitled cause, respectfully represents : That on the day of ,18.. at the Term of the Court, at the in- stance of , as prosecutor, your petitioner was indicted for willfully, premeditatedly and of malice aforethought killing one , which indictment and criminal prosecution so in- stituted is still pending in said court against your petitioner. Your petitioner further represents that no murder was commit- ted by the killing aforesaid, but in fact the killing was committed in the necessary self-defense of the defendant, your petitioner, and to save his own life : that at the time the alleged offense was com- mitted your petitioner was an officer of the United States, to wit, a deputy collector of internal revenue, and the act for which he was indicted was done in his own necessary self-defense, while engaged in the discharge of the duties of his office as said deputy collector of internal revenue ; that he was at the time acting b}'' and under the authority of the internal revenue laws of the United States, and under and by right of his office as deputy collector of internal revenue of the United States, that it became, and was, then and there his duty, under said internal revenue laws, to seize illicit distilleries and the apparatus that was used for the illicit and unlawful distillation of spirits, and while so attempting to en- force said revenue laws as deputy collector aforesaid, he was as- saulted and resisted, and fired upon by a number of armed men, and in defense of his life returned fire, which is the act for which he was indicted. Your petitioner therefore prays that said cause may be removed from the court of County, in the State of , to the circuit court of the United States for the District of , and that certiorari may issue therefor. Attorney for petitioner. 156 Criminal Proceduee of Affidavit to Petition. United States of America. District of ss. I, , being duly sworn, on oath say that I am the petitioner in the forgoing petition, that I have read the same, and that the matters and tilings therein contained are true of my own knowledge. , Petitioner. Subscribed and sworn to before me this day of A. D. 18. . Commissioner of the Circuit Court of the United States for the Dis- [Official SeaL] trict of Certificate of Counsel. I, , being an attorney at law, of the court of the State of , the same being a court of record, do hereby certify that as counsel for the petitioner in the foregoing petition named, I have examined the proceedings against him mentioned therein, and carefully inquired into the matters therein set forth, and that I believe them to be true. Attorney for petitioner. [Note. — If petitioner is in custody under process of State court the petition should so state and ask for a writ of habeas co7'j)us.] No. 50. Certiorari, for Removal of Case from State Court. The President of the United States of America to the Court of the State of , in the judicial dis- trict. Greeting : Being informed that there is now pending before }' on an indictment entitled wherein , is charged with the crime of murder, which said indictment was returned into said court against the said , for, and on account of acts done by him under the revenue laws of the United States ; that said indictment has not been tried : we United States Courts. 157 do therefore herel^y command you that you send without deLay to the said circuit court, as aforesaid, the record and proceedings in said cause, so that the said circuit court may act thereon as of right and according to hxw ought to be done. "Witness: The Honorable Morrison R. Waite, Chief Justice of the Supreme Court of the United States, at , the day of , A. D. 18.. Clerk. [Note. The above writ should be served on the Clerk of State Court by leaving a duplicate thereof with him.] No. 51. Certificate of Division of Opinion in a Criminal Cause. At a Circuit Court of the United States, begun and held at the city of , for the District of , on the day of , A. D. 18 Prese7it : — Hon , Judge. Hon , Judge. United States Circuit Court, District of The United States of America, \ vs. } Indictment This is an indictment against the defendant, charging him with having at , on the day of , A. D. 18 , (knowingly exercised and carried on the trade or business of a lottery ticket dealer, and with having sold and offered to sell lot- tery tickets without having taken out and. without having a license therefor, according to the provisions of the Act of Congress en- titled " An act to provide internal revenue, and to pay interest on the public debt," and the amendments thereof.) Tlie defendant demurs to said indictment and the matters there- in contained, as not sufficient in law to compel him to answer the same. The government joins in said demurrer, and it is stipulated by and between tlie respective parties, in writing, that the defendant 158 CiiiivnisrAL Procedure of may have the same benefit as if he liacl pleaded specially the con- stitution and several laws of the State of on the subject of raffling and lotteries ; and had also j)leaded specially that at the several times mentioned in the indictment, he was a citizen of the said State, and exercised and carried on his business therein. The case coming on to be argued at this term, it occurred as a question, whether the defendant could be legally convicted and punished under the said indictment, and the Acts of Congress therein referred to, for (the offense of carrying on without license under the said Acts of Congress, the business mentioned and de- scribed in such indictment, while the said business was unlawful and wholly prohibited by the laws of the State of , and said defendant was a citizen of and resident therein, and while said business could not be carried on by the said defendant as alleged in said indictment, without his being liable to indictment, convic- tion and punishment under the laws and statutes of said State, for the criminal offense of selling lottery tickets and carrying on said business in violation of said laws and statutes of said State.) On which question the opinions of the judges were opposed. Whereupon, on motion of the United States, by their district- attorney and counsel, that the point on which the disagreement has happened may, during the term, be stated under the direction of the judges, and certified under the seal of the court to the Supreme Court, to be finally decided, it is ordered that the fore- going statement of the pleading, etc., and the following statement, made under the direction of the judges, be certified, according to the request of the United States, by their attorney and counsel, and the law in that case made and provided, to wit : (That the sale of lottery tickets and the carrying on of the business men- tioned in tlie indictment as therein stated was then and there, under the constitution and laws of the State of , a criminal offence ; and now and for the last ten years has been a crime pun- ishable by indictment under the statutes of said State.) (ZTere set forth a copy of the indictment and jyroceed as foUoios ;) United States Circuit Court, District of The United States of America, ^ vs. > And now comes the above-named defendant in open court, and having heard the said indictment read, saith that the said The UisriTED States Courts. 159 United States of America ought not further to impeach or prose- cute him, the said defendant, touching the premises wliereof he is by the said indictment accused, because he says that the said in- dictment, and the matters therein contained, are not sufficient in law to compel him, the said defendant, to answer the same ; and that no process upon the said indictment ought by the law of the land, to be issued against him, the said defendant ; and this he is ready to verify. Wherefore he prays judgment of the court here, and that he may be dismissed and -discharged of the said indictment. , Attorney for defendant. United States Circuit Court, District of The United States of Ameeica, vs. And ., district attorney of the United States for the District of , who prosecutes for the said The United States of America in this behalf, saith that the said indict- ment, and the matters therein contained, in manner and form as the same are above stated and set forth, are sufficient in law to compel the said to answer the same. And the said The United States of America is ready to verify, as the court here shall direct and award. Wherefore, inasmuch as the said hath not answered to the said indictment, nor hitlierto in any manner denied tlie same, the said The United States of America prays judgment, and that the said may be convicted of the premises in this said in- dictment specified. , U. S. Attorney for the District of United States Circuit Court, District of The United States of America, ) It is hereby stipulated that npon and under the demurrer of the defendant interposed to the indictment in this case, the defendant may liave the same benefit as if lie had pleaded specially the con- stitution and several laws of the State of , on the subject 160 Criminal Procedure of of , and had also pleaded specially that at the sev- eral times mentioned in the indictment he was a citizen of the said State, and exercising and carrying on his business therein. , IT. S. Attorney. , Defendant's Attorney. United States (^ircuit Court, District of Certified to the Supreme Court of the United States pursuant to the statute. Witness my hand and official seal at , this day of , A. D. 18 (Official seal.) , Clerk^ No. 52. Petition for Writ of Habeas Corpus. To the Honorable Court of the United States, for the District of The j)etitioner, , respectfully shows to this hon- orable court that he is unjustly and unlawfully detained and im- prisoned by , in the , at , by virtue of a warrant of commitment (or as the case may be) is- sued under the following circumstances: {Here give a statement of the facts concerning the cause of imprisoyiment^ which must he such as to hriyig the case ivithin the 2y^ovisio7is of section 753 of the U. S. Revised Statutes authorizing the issuance of the ivrit.) "Wherefore, to be relieved of said unlawful detention and im- prisonment, your petitioner prays that a writ of habeas corpus, to be directed to the said , may issue in this be- half, so that your petitioner may be forthwith brought before this court to do, submit to and receive what the law may require. , (petitioner) United States of A^ierica. District of ss. , being duly sworn, deposes and says that he is the petitioner named in the forgoing petition subscribed United States Courts. 161 by him ; that lie has read the same and knows the contents there- of, and that the statements therein made are true as lie verily be- lieves. (petitioner). Subscribed and sworn to this day of A. D, 18.. Commissioner of the Circuit Court for the District of No. 53. Writ of Habeas Corpus. The President of the United States of America to "We command you that you have the body of , by you imprisoned and detained as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name said shall be called or charged, before our Court of the United States for the District of (or the Supreme Court) (or the Honorable , Judgeofthe Court), at , immediately after being served with this writ, to be dealt with ac- cording to law ; and have you then and there this writ, with a re- turn thereon of your doings in the premises. Witness the honorable , Chief Justice of the Supreme Court of the United States, this day of A. D. 18... [Official Seal]. Clerk. No. 54. Returji to Writ of Habeas Corpus. To the Honorable Court of the United States for the District of (or the Supreme Court of the United States; or , Judge of, etc., as the case may be) , to whom the within writ is directed, has now here before the Court (or your honor) the body of , therein named, as thereby commanded. And I certify that the cause of the de- tention of the said , is a warrant of commitment (or order or other process, as the case may be) directed to me, a copy of which is hereto annexed marked " Exhibit A," and made a part hereof. Dated this day of A. D. 18... 162 Ckiminal Procedure of No. 55. Order of Discharge under Writ of Habeas Corpus. The United States of America,^ on the relation of \ Habeas Corpus. vs. I , jailer of ) Now comes the petitioner by , his attorney; and comes also jailer of , respondent, and produces the body of the said , before the Court, together with his return to the writ of habeas corjnis issued herein, and the court having heard the evidence doth order and adjudge that said be discharged from the custody of the respondent and permitted to go hence without day. PART. III. A READY REFERENCE INDEX. TO THE U. S. CRIMINAL STATUTES AND DECISIONS. [The figures refer to the Sections of the U. S. Revised Statutes. The parenthesis indicates that the enclosed sections have been materially amended by the Acts of Congress following them, thus : (5485). Act of July 4, 1884, See. 4, 23 Stat, at L. p. 101, indicates that the Act of Congress materially modifies the Section of the Revised Statutes.] ABORTION,— (See Obscexe.) depositing or causing to be deposited for mailing, etc., any article for procuring, 3893. U. S. vs. Bennett, IGBlatch., 338; U. S. vs. Bott, 11 Blatch., 346; U. S. vs. Foote, 13 Blatch., 418; U. S. vs. Kelly, 3 Sawyer, 566; Bates vs. U. S., 10 Fed. Rep'r, 92; U. S. vs. Kaltmeyer, 16 Fed. Rep'r, 760. ACCESSORIES,— (See Receiver). before the fact, to any murder, robbery, or other piracy upon the high seas, 5323, {See Piracy). U. S. vs. Jones, 3 Wash., 209. after the fact, to murder, robbery, or piracy, 5324, 5533. to robbery of carrier, etc., of the mail, 5534. U. S. vs. Wood, 3 Wash., 440; U. S. vs. Wilson, Baldw., 78, 93; U. S. vs. Mills, 7 Pet., 1.38; IJ. S. vs. Lancaster, 2 McLean, 431. to stealing or taking letter or other mail matter. — 5535. ACCOUNTS,— (See Affidavits, Claims.) Making any false, by persons in military or naval service of the United States, 5306. by any person to obtain approval of claim against the United States, 5438. U. S. vs. Strobach, 4 Woods, .592. failure of officer having public money to render, 5491, 5493. 164 United States Coukts. ADULTERATION, of distilled spii'its before tax is paid, 3252. AFFIDAVITS, couuterfeiting, publishing any counterfeit, etc., to defraud the United States, 5479. procuring, etc., false, in pension cases. — 4746. falsely making, etc., uttering, etc., any false, for the purpose of defrauding the United States. — 5418, 5421. U. S. vs. Lawrence 13 Blatch., 211; U. S. vs. Moore, 2 Low., 232; TJ. S. vs. Houghton, 14 Fed. Rep'r., 514. making or using any false, to obtain payment of any false claim against the United States, 5438. U. S. vs. Strobacli, 4 Woods, 592; U. S. vs. Ambrose, 2 Fed. Eep'r, 764; TJ. S. vs. Bailey, 9 Pet., 238; U. S. vs. Bickford, 4 Blatch., 337; U. S. vs. Wright, 2 Cranch C. C. 296; U. S. vs. Corbin, U Fed. Rep'r, 238; U. S. vs. Wilcox, 4 Blatch. , .385; U. S. vs. Goggin, 9 Biss., 416; Ex parte Shaffen- burg, 4 Dill. 271; U. S. vs. Coggin, 3 Fed. Rep'r, 492; 26 Int. Rev. Rec, 250; U. S. vs. Hull, 14 Fed. Rep'r, 324; 29 Int. Rev. Rec, 22; Ralph vs. U. S. 11 BIss. 88. AFFIXING,— (See Stasips). internal revenue stamps contrary to la"W, 3316. AGENTS, or officers of corporation or firm, acting as agent or officer of United States, in transactions with etc., 1783. or attorneys etc., demanding etc., illegal fee for prosecuting claim for pension, withholding pension etc., (5485). Act of June 20, 1878, 20 Stat, at L. 243; Act of March 3, 1881, 21 Stat, at L. 385 ; Act of July 4, 1884, Sec. 4, 23 Stat, at L. 101. U. S. vs. Connolly, 1 Fed. Rep'r., 77; 26 Int. Rev. Rec, 116, 133; U. S. vs. Mason, 8 Fed. Rep'r., 412; U. S. vs. Dowdell, 8 Fed. Rep'r., 881; U. S. vs. Hewitt, 11 Fed. Rep'r. 243; U. S. vs. Benecke, 98 XJ. S. 447; U. S. vs. Jessup, 15 Fed. Rep'r., 790; U. S. vs. Eicknian, 12 Fed. Rep'r., 46; U. S. vs. How, 7 Biss., 56; U. S. vs. Moyers, 15 Fed. Rep'r., 411; U. S. vs. Moore, 18 Fed. Rep'r, 686; U. S. vs. Nicewonger, 20, Fed. Rep'r., 438; U. S. vs. Koch, 21 Fed. Rep'r, 873. U. S. vs. Van Vliet, 23 Fed. Rep'r, 35; TJ. S. vs. Mathews, 23 Fed. Rep'r, 74; U. S. vs. Scott, 25 Fed. Rep'r, 470; TJ. S. vs. Dowdell, 10 Biss. 483; TJ. S. vs. Snow, 2 Flippin, 1. pension agents taking fee or reward, 5487. ALASKA, killing fur seals on islands of, unlawfully, 1961, 1967, 1968. APOTHECARIES, special tax not to apply to, etc., 3246. Act of 3Iarch 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 431. Criminal Peocedure of ^65 APPOINTMENT, accepting, or exercising office contrary to law, 1771. APPRAISER, declining to act as merchant-appraiser, 2610, 2945. ARCHIVES, fraudulently taking, altering, or placing expediente etc., in archives of Surveyor-General of California, 6411, 5412. ARMORIES, enticing away workmen from, 1668. ARMY, persons accused of crimes in, to be delivered up, 1342, Art. 59, using, as posse co7nmitatus in V^iolation of law. — Act of June 18, 1878, Sec. 15, 20 Stat, at L. 145. ARREST. {See same title of CniMi^ AT. Pkocedure). of foieign minister or his servant — 4063, 4064. (^See Foreign Minister). arsenals, wanton destruction of tools, etc., by artificers or workmen at, 1669. various offenses at, 5339-5391. ARSON, by persons in the army in time of war, 234, Art. 58 ; 1342. in forts, dock-yards, navy-yards, etc., 5385, 5386. setting fire to, or attempting to destroy vessels on high seas, 5367. {See High seas). of vessels of war of United States afloat, 5387. ASSAULT, • in the army, 1624, Art. 8. on person of public minister, 4062. on high seas with dangerous weapon, or with intent to commit felony, 5346. U. S. I3.S. Wilson, 3 Blatch., 435; U. S, y.s. Arwo, 19 Wall., 48fi; U. S. U.S. Grush, 5 Mas., 290; U. S, w. Williams, 2 Fed. Rep 'r, 61; 6 Sawyer, 244- by person in army in time of war, 1342, A^-t. 58. upon superior officer in the army, 1342, Art. 21. on letter carrier, 3869, U. S. U.S. Hand, 2 Wash., 435. 166 UxiTED States Cotjkts. ASSAVLT—Continued. on master by seamen, 5359, 5369, (^See Revolt). on officers by seamen, 4596, (^S'ee Meechant-Seamen, Revolt). on officer, or other person authorized, in executing process, 5398. U. S. vs. Lowry, 2 Wash., 169; U. S. vs. Lukins. 3 Wash., 335, U. S. vs. Slaymaker, 4 Wash., 169; U. S. vs. Tinklepaugh, 3 Blatch., 25; U. S. vs. Stowell, 2 Curt. C. C. 153; U. S. vs. Keen, 5Mas., 453. (See OBSTKUCTiJfG). on customs officer, etc., 5447. U. S. vs. Eineskoff , 6 Biss, 259. ATTACHMENTS,— (-See Contempt). ATTORNEYS,— (See Agents). retainingpension certificate, (4745.) J.c^ of Feb. 28, 1883, 22 Stat, at L. 432. BAIL, acknowledging, in name of another not privy, 5394. BANKERS,— (See National Banks). and others receiving public money from public officers on deposit etc., unlawfully, 5497. BEER, — (See Bkewee, Fekmexted Liqxjoes). BIGAMY, where and how punished, (5352). Act of March 22, 1882, 22 Stat, at L. 30. Eeynoldsrs. IT. S. OS U. S. 145; Gaines vs. Hennen, 24 How., .554; TJ. S. vs. Jennegan, 4 Cranch, C. C. 118; Miles vs. U. S., 103 U. S., 304; Clawson vs. U. S. 114 U. S. 477. BONDED "WAREHOUSE,— (See Waeehouse). BONDS, imitating, or printing on bonds of United States, 3708. falsely personating holders of, 5435. secreting or embezzling implements used in printing, 5453. BOOKS, — (See Wholesale Liquor Dealers, Distilled Spikits). refusing to produce, with intent to evade internal revenue as- sessment, 3179. BOUNTY WARRANTS, falsely altering etc., 5420. {See COUNTEEFEITLNG, Foegeey). I Ckiminal Pkoceduee of 167 BRANDY,— (See Distilled Spirits). distiller violating provisions relating to fruit brandy. Act of March 3, 1877. 19 jStat. at L. 392 ; 1 Sup. Rev. Stat. 295. BREAKING, iuto post-office witli intent to commit larceny, etc., 5478. U. S. vs. Marselis. 2 Blatcli., 108. and entering vessel, 5362. and entering cars, warehouses, etc., and other offenses relating to transportation of goods in bond, 2998, 3105. locks, seals, etc., at distillery., 3269, 3311. BREWERS, fraudulently failing to make entry etc., evading tax etc., 3340 ; Act of March 1, 1879, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 439. selling, removing, packages without stamp, or with false stamp, 3343. drawing beer from packages without stamp or without defacing stamp, 3344. bottling beer on premises or from unstamped packages. 3354. penalty on, extended to all failures to do acts required by law. Act of March 1, 1879, 20 Stat, at L. 327; 1 Sup. Rev. Stat, 439. BRIBERY, of judge to obtain judgment, 5449, 5499. of member of congress, 5450, 5500. Clark and Fulton's case. 12 C. Cls., 597. of officers, etc., to influence action. 5451, 5501. U. S. vs. Worrel, 2 Dal!., 384. acceptance of bribe, 256, 5502. offering j^resents to revenue officers, 5452. BURGLARY,— (See Breaking). BUSINESS, carrying on, requiring payment of special tax without paying. {See Special Tax). carrying on, in army in time of war, 1342, Art. 58. cards, printing etc., imitation of or upon bank notes, 5188. imitating U. S. securities on. 3708. U. S. vs. Williams, 14 Fed. Rep'r, 550. 168 United States Courts. CAMP, being away from, etc., 1324, Ai'ta. 81, 34. violence to persons bringing provisions to, 1342, Art. 56. CAPTOR, of prize i^roperty, delaying or defrauding, 5441. CASKS, obliterating marks on, etc., containing distilled spirits ; selling or removing empt}^, before marks, etc., have been obliterated, 2886. failure to efface marks, stamps and brands on, at time of empty- ing of distilled spirits, 3324. U. S. vs. Buchannon, 9 Fed, Eep'r, 689 ; U. S. vs. McGinnis, 1 Abb.* TJ. S. 120 ; U. S. vs. Addler, 15, Am. L. Eeg., 45 ; 21 Int. Rev. Eec. 316 ; U. S. vs. Bayard, 17 Fed. Rep'r, 376 ; TJ. S. vs. Goodrich Transportation Co., 8Biss, 224. buying and selling, having inspection marks on, 3325. changing stamps on, shifting spirits, etc., 3326. failing to destroy stamps on empty imported liquor, etc. Act of March 1, 1879, Sec. 12, 20 Stat, at L. 327, 1 Sup. Rev. " Stat. 439. CASTING AWAY, or conspiring to cast away vessel, etc., 5364-5366. U. S. vs. Cole, 5 McLean, 513 ; U. S. vs. Hand et al., 6 McLean, 274. CATTLE, driving, on public lands. Act 3Iarch 3, 1875, 18 Stat, at L. 481 ; 1 Sup. Rev. Stat. 186, purchasing, of Indians by person not member of tribe. Act of July 4, 1884, 23 Stat, at L. 94. importing neat, and their hides. 2493, 2495. CEMETERIES, injuring, defacing, etc., national, 4881. CENSUS, marshal taking pay of assistants, neglecting duty concerning, 2180. assistant marshal neglecting duty, etc., 2182. marshal making false certificate of, 2202. assistant marshal making false certificate of, 2193 ; Act of 3Iarch 3, 1879, Sees. 12, 13, 20 Stat, at L. 473 ; 1 Sup. Rev. Stat. 474. United States Courts. 169 CENTENNIAL MEDALS, counterfeiting ; Act of June 16, 1880, 18 Stat, at Z. 76 ; 1 Sup. Rev. Stat. 39. CERTIFICATE OF DEPOSIT, imitating or printing on, etc., 3708. CHECKS, national bank officer certifying, beyond amount on deposit by drawer, 5208. CIGARS, neglecting to affix label to, or removing label from, 3392 ; Act of March 1, 1879, Sec. 16, 20 Stat. atL. 327 ; 1 Siqy. Rev. Stat 445. manufacturing, without paying special tax, 3242. {See Special Tax.) manufacturing, without giving bond, 3387. manufacturers of, willfully neglecting things required or doing things forbidden, 3456, 3457. relanding in the United States cigars shipped for export ; Act of June 9, 1880, 21 Stat, at L.Ul ;1 Sup. Rev. Stat. 139. failure to keep up manufacturer's sign, 3388. fraud in manufacturing on commission or shares, 3399. buying, without stamps or removing or packing in boxes with fraudulent stamps, (3397) ; Act of March 1. 1879, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 446. U. S. vs. Millard, 13 Blatch., 534. selling etc., without properly boxing and stamping, 3400 ; im- ported, 3403. purchasing etc., not branded or stamped, 3404, 3405. falsely representing, as made prior to July 20, 1868, 3401. selling, from fraudulently stamped boxes or having in possession, etc., 3376. neglecting to destroy stamps on emptying boxes of; selling or using stamped boxes before used, etc., 5406. CIRCULATING NOTES,— (.See Fkactioxal Currenct). issuing, to unauthorized associations, 2187. printing business cards in imitation of, 5188. mutilating, etc., 5189. counterfeiting, 5415. (iSVe Counterfeiting). 170 Criminal Procedure of CIRCULATING NOTES.— Co/iiinitec?. buying and selling, etc., altered or forged, 5434. passing, of expired corporations, 5437. CITIZEN, conspiiing to injure, etc., in exercise of right secured by the constitution, 5508, 5509. (^See Civil Rights). CITIZENSHIP, selling or disposing of certificates of, 5424, 5429. U. S. vs. Tyren, 11 Wall., 88. knowingly using, etc., or receiving forged or fraudulent certifi- cate of, for purpose of registering as voter, 5425, 5429. denial of admission to, by person admitted to, to evade duty, etc, 5425, 5429. aiding and abetting above offenses, 5427, 5429. falsely claiming, for fraudulent purposes, 5428, 5429. CIVIL RIGHTS, violating provisions of act to protect citizens in their civil and legal rights in inns, public conveyances, theatres, etc., Act of March 1, 1875, 18 Stat, at L. 335; 1 Sup. Rev. Stat., 148. Unconstitutional. — See The Civil Rights Cases, 3 Sup. Ct. Eep'r 18. U. S. vs. Washington, 4 Woods C. C. 349. crimes against, and against the enjoyment of the elective fran- chise, 5506-5532. U. S. vs. Eeese, 92 U. S., 214; U. S. vs. Mosby. g5 Fed. Rep'r, 548, U S. vs. Doherty, 25 Fed. Rep'r, 28; U. S. vs. Seaman, 23 Fed. Kep'r, 882.; conspiracy to impede, etc., with intent to deny, 5407. conspiracy to injure or oppress any citizen in the exercise of, 5508. U. S. vs. Cruikshank et al., 1 Woods, 308; Ez parte Tarbrough, 110. U. S.657. conspiracy to prevent f)erson accepting or holding office, 5518. conspiracy to deprive any person or class of persons of equal protection of the laws, etc., 5519. Unconsitutional. — See U. S. vs. Harris, 106 IJ. S. 629; LeGrand vs. U. S. 3 Crim. L. Mag. , 713 ; but see In re Baldwin. 27 Fed. Rep'r, 187. conspiracy to prevent support of any candidate for office, 5520. Constitutional. — Ex parte Yarbrough, 110 U. S. 657. committing other crimes while violating the preceding sections, 6509. depriving citizen of, under color of State law, 5510. officers of election violating duty, 5515. U. S. vs. Jackson, 25 Fed. Rep'r, 548. United States Courts. 171 CIVIL IIIGH.T&— Continued. obstructing execution of process in civil rights cases, 5516. marshal refusing or neglecting to execute warrant in civil rights case, 5517. violation of duty by officers of election, 5515. U. S. vs. Clayton, 2 Dill, 219; Harrison i-.s. Hadley, 2 Dill. 229; TJ. S. vs. Bader, 4 Woods 189. CIVIL SERVICE ACT.— (See Political Pubposes). offenses under, Act of Zanuary 16, 1883, 22 Stat, at L. 403. officer, clerk, or other person in the service of the United States giving to any other officer, etc., any money for any political object. Idem. Sec. 14. CLAIMS. — {See Accounts, Affidavits). officers of United States prosecuting claims against the United States, 5498. false, by persons in the military service of the U. S., 1342, Art. 60. false, by persons in the naval service of the United States, 1624, Art. 14. presenting or allowing, for salary of civil officer suspended, 1762. falsely personating owner of, 5435. conspiracy to defraud the United States by obtaining approval of false ; knowingly making, etc., of any false, against the United States ; making or using any false receipt or vouchers, etc., to obtain approval of any false, 5438. U. S. vs. Wentworth, 11 Fed. Rep'r., 52; U. S. vs. Ambrose, 2 Fed. Kep'r., 764; U. S. vs. Hull 14 Fed. Rep'r., 324; 29 Int. Rev. Rec. 22; U. S. us. Miskell, 15 Fed. Rep'r., 309; U. S. vs. Kohnstam, 5 Blatch., 222; U."S. vs. Wilcox, 4 Blatch., 385; U. S. vs. Bittenger, 21 Int. Rev. Rec, 342; U. S. vs. Reese, 4 Savvy., 629; Exparte Shaffenbiirg,4 Dill., 271; U.S. vs. Russell, 19 Fed. Rep'r., 591. CLEARANCE OF VESSELS, falsely making, forging, altering, uttering as true any false, 5423. CLERKS or COURTS, failing to deposit money belonging to registry ; conversion, etc., 5504. receiving from, as deposit, loan, etc., moneys belonging to registry, 5505. COAL OIL, shipping, contrary to law, 4476. 172 Criminal Procedure of COIN, — (See Counterfeiting). falsely making, forging, counterfeiting, or passing, etc., anyfalsely made, etc., gold or silver coin, 5457. U. S. vs. Voorhees, 9 Fed. Eep'r., 143; U. S. rs. Bricker, 3 Phila. 426; U. S. vs. Morrow, 4 Wash., 733; U. S. vs. Hargrave, 17 Int. Eev. Rec, 39; TJ. S. vs. Lissner, 12 Fed. Eep'r., 840; U. S. vs. Benjandio, 1 Woods, 294; U. S. vs. Goiigluiour, 2 Pittsb. oG'J. falsely making, etc., minor coinage of United States, 5458. fraudulently defacing, mutilating, diminishing, 5459. U. S. vs. Lissner, 12 Fed. Eep'r., 840. debasement of, or making of less weight, etc., 5460. embezzlement of, by officers at mint or assay office, 5460. making of, without authority, for current money, or passing, etc., 5461. U. S. vs. Benjandio, 1 Woods, 294. making, without authority, one cent, two cent, three cent or five cent pieces, or passing same, 5462. COLLECTORS.— (See Customs, Internal, Eevenue Officers). obstructing collectors of customs and other officers in going on board of vessels to enforce revenue laws, 3068. collectors of customs illegally enrolling or licensing vessels, etc., receiving reward or gratuity for, 4373. collectors of customs making false register, record of vessel, etc., 4187, (See Official Misconduct) . COMPROMISING, internal revenue violations by district attorney or marshal, 3170. claims for fines by customs officers. Act of June 22, 1874, 18 Stat, at L. 186 ; 1 Siq). Rev. Stat. 81. CONCEALING. (See Smuggling). on high seas, stolen goods, etc., 5357. merchandise imported contary to law, 3082. Stackwell vs. U. S. 13 Wall., 531; U. S. vs. Cook, ISprague, 213; U. S. vs. Clafflin, 13Blatch., 178; dutiable articles in baggage, 2802. The Eobert Edwards, 6 Wh. 187. CONSPIRACY, to intimidate party, witness or juror, 5406. to influence verdict, indictment, etc., 5406. QSee CoREIJPTLY). to impede coarse of justice with intent to deny any citizen equal protection of the laws, 5407. Criminal Procedure of 173 CONSPIRACY— CojitumetZ. to hinder, etc., citizen from voting, etc., 5506. - U. S. vs. Keese, 92 U. S., 214; U. S. vs. Cruikshank et at. 92 U. S. 542. to injure, etc., citizen for exercising civil rights, 5508, 5509, 5520, U. S. vs. Butler, 1 Hughes, 457; 4 Hughes, 514; U. S. vs. Blackburn, 1 N. Y. Week. Dig. 276. to prevent person from holding office, 5518. to deprive any person or class of protection of laws, etc., or to prevent State from giving equal protection, 5519. Unconstitutional. — See U. S. vs. Harris, 106 U. S., 629. But see In re Baldwin, 27 Fed. Rep'r., 187. to prevent bidding at sales of j)ublic land, 2373. by persons in military service to defraud United States, 1624, Art. 60. by persons in the naval service to defraud United States, 1624, Art. 14. to defraud the United States by false claims, 5438, (^See Claims). by revenue officers, etc., to defraud, 3169. U. S. vs. McDonald 3 Dill., 543; U. S. vs. McKee, 3 Dill., .546-551; U. S- vs. Babcock, 3 Dill., 566, 571, 581; Ex parte Joyce, 23 Int. Rev. Rec. 297. to overthrow, or levy war against United States, 5336. ' Ex parte Lange, 18 Wall, 163. to cast away vessel with intent to injure underwriter, 5364. U. S. vs. Ross, 1 Gall., 624; U.S. vs. Cole, 5 McLean, 513; U. S. vs. Hand et al. 6 McLean, 274. to commit offense against, or to defraud the United States, 5440 ; Act of May 17, 1879, 21 Stat, at L.4:; 1 Sup. Rev. Stat., 484. U. S. vs. Goldberg, 7 Biss. 175; U. S. vs. Sacia, 2 Fed. Rep'r., 754; U. S. vs. Sauche, 7 Fed, Rep'r., 715; U. S. vs. Hammond, 2 Woods, 197; IT. S. vs. Hirsch, 100 U. S. 33; U. S. vs. Martin, 4 Cliff., 156; U. S. vs. Walsch, 5 Dill., 58; U. S. vs. Boyden et al., 1 Low., 266; U. S. vs. Donan, 11 Blatch., 168; U. S. vs. Fehrenback, 2 Woods, 175; U. S. vs. Britton, 107 U. S. 655; 108 IT. S. 176; U. S. vs. Gordon, 22 Fed. Rep'r, 2.50; U. S. vs. Kenne, 23 Fed. Rep'r, 748; In re Wolf, 27 Fed. Rep'r, 606; U. S. vs. Rind- skopf, 6 Biss. 259; U. S. vs. Nunnemacher, 7 Biss. 129; Fries' case, Wh. St. Tr. 610; U. S. vs. Watson, 17 Fed. Rep'r, 145. CONSTITUTION, of United States, preventing, etc., persons from exercising rights guaranteed by, 5507, 5509. CONTEMPT, of authority of U. S. courts, 725. Be Elerbe, 4 McCrary C.C. 449; Sharon vs. Hill, 24 Fed. Rep'r. 726; Ex- parte Humphrey, 2 Blatch, 228: U. S. vs. Barry, 24 Fed. Rep'r, 780; In re Wabash R. Co. 24 Fed. Rep'r. 217. refusing to respond to Collector's summons, 3175. (^See CRiiyil- NAL Procedure, title Attachment, Witnesses). 174 United States Courts. CONTRACTING. to supply cooly labor in violation of law, Act of March 13, 1875, See, 4, 18 &'taL at L. 477 ; 1 Sup. Rev. Stat. 181. CONTRACTS.— ( See Public Contracts. ) member of congress or other officers, etc., taking consideration for procuring government, 1781. officer, etc., of government making public, with member or delegate of congress, 3742. officer, etc., of War, Navy and Interior Departments failing to make return of public, to return office, 3744-3746. Lindsey vs. U. S. 4 C. Cls., 350; Burchiel vs. U. S. 4 C. Cls., 549; Bern- heimer vs. U. S. 5 C. Cls., 65; Solomon vs. U. S. 19 Wall., 17; Jones' Case, 11 C. Cls., 733. CONTRIBUTIONS, officers etc., giving or receiving from other officers, etc., for polit- ical purposes, Act of Aug. 15, 1876, 19 St2t. at L. 143 ; 2 Sup. Rev. Stat. 245, Act of Jan. 16, 1883, Sees. 14, 15, 22 Stat, at L. 407. CONVERSION.— (.See Embezzlement). to his own use of public moneys by disbursing officer, etc., 5488, 5490, 5494, 5495, 5496. CONVICTS. —(See Criminal Pkoceduke). COOLY TRADE, contracting to supply cooly labor. Act of March 3, 1875, 18 Stat, at L. 477 ; 1 Sup. Rev. Stat. 181. building vessels to engage, 2160, receiving or transporting coolies, 5158, 5161. CORDAGE, cutting and destroying, 5362, (^See Revolt). CORRESPONDENT. with the enemy — in the army, 1342, Art. 46. with foreign government to defeat measures of United States, 5335. CORRUPTLY, or by threats, etc., endeavoring to influence, etc., witness or offi- cer, or to obstruct or impede the due administering of justiee, 5398. Criminal riiucEDuiiE of 175 CORRUPTLY— Cojz^iiiwed. U. S. vs. Lowery, 2 Wash., 169; U. S. vs. Tinklepaugh, 3 Blatch., 25: U. S. vs. Stowell, 2 Curt. C. C. 15:]; U. S. vs. Keen, 5 Mas. 453; U. S vs, Fears, 3 Woods, 510; U. S. vs. McDonald, 8 Biss., 439; U. S. vs. Phelps, 4 Day, 469; U. S. vs. Smith, 1 Dill., 212. or by threats endeavoring to influence juror, 5404. U. S, vs. Kane, 23 Fed. Kep'r, 748. COUNTERFEITING.— (See Coin, Forgery). signature for approval, etc., of claim against United States by person in military service, 1342, Art. 60 ; by person in the naval service, 1624, Art. 14. instruments in relation to title of lands and mines in California, aiding in, or uttering such counterfeited instruments, 2471. imitation wine or compound liquor stamps, 3328. stamps, etc., for fermented liquors, 3340. proprietary stamps from private dies, 3423. bank, patent medicine, etc., stamps, etc., 3429. marks and stamps for boiler iron, 4432. postage stamp or stamp on envelope, postal card, etc., 5464. postage stamp of foreign government, 5465. key suited to lock adopted by P. O. Department, 5477. trade-marks ; dealing in counterfeit trade-mark goods. Act of August 14. 1876, 19 Stat, at L. 161 : 1 Su2). Rev. Stat. 241. bid, proj)osal, guarantee, official bond, public record, etc., 5418, 5479. U. S. vs. Lawrence, 13 Blatch., 211 ; U. S. vs. Wentworth, 11 Fed. Rep'r., 52. seal of United States court, 5410. obligation or other security of the United /S'i^a^es, 5413, 5414 ; national bank note, 5415 ; passing or selling counterfeited obligation, 5431 ; buying or dealing in, etc., 5434. U. S. vs. Carl, 105 U. S. 611; U. S. vs. Mason, 12 Blatch., 497; U. S. vs. Rossvalley, 2 Ben., 157; U. «. vs. Bennett, 17 Blatch., 359; 26 Int. Rev. Rec- 45; U. S. vs. Boyer, 3 Haz. Pa. Reg., 289; U. S. vs. Coppersmith, 4 Fed. Rep'r., 198; 26 Int. Rev. Rec, 308; U. S. vs. Nelson, 1 Abb. U. S., 135; U. S. vs. Fisler, 4 Biss. 59; U. S. vs. Ilinraan, 1 Baldwin, 292; U. S. vs. Trout, 4 Biss., 105; U. S. vs. Williams, 4 Biss., 302. imitation of U. S. securities on business cards, or printing busi- ness cards on, 3708. * unlawfully using genuine plates for printing U. S. obligations, having plates etc., in possession ; counterfeiting plates, or bringing into the United States any counterfeit plates, etc. ; making, printing, photographing, etc., in likeness of, or of any 176 United States Courts. COUNTERFEITING— Co)i«;j!»ec?. part of, U. S. obligations ; or having in possession, etc., any paper similar to that adopted for printing, etc., 5430. taking or making impressions from implements, etc., to be used in counterfeiting plates, etc., 5432. taking or liaving in possession impressions from implements, etc.? used in making U. S. obligations or plates for printing, 5432, 5433. secreting, embezzling, etc., implements for use in printing obli- gations, etc., of United States ; or paper or other material in- tended for such use, 5453. notes, bonds, etc., of foreign governments. Act of May 16, 1884, 23 Stat, at L. 22. U. S. vs. White and another, 27 Fed. Rep'r, 200. money-order of Post Office Department, 5463. IT. S. vs. Morris, 1 Rep'r, 581. coiyi or bars in similitude of gold or silver coin or bars of United States, etc, (5457). Act of January 16, 1877, 19 Stat. atL. 223 ; 1 Sup. Rev. Stat. 259. Ex parte Geisler, 4 Woods, 381; U. S. us. Russell, 22 Fed. Rep'r, 390. Exact resemblance not necessary, see U. S. vs. Hopkins, 26 Fed. Rep'r. 443. coin in similitude of minor coinage, 5458. mutilating coinage, 5459. debasement of coinage, etc., by officers of the mint, 5460. making or uttering coin in resemblance of money, 5461, 5462. centennial medals, Act of June 16, 1880, 18 Stat, at L. 76 ; 1 Sup. Rev. Stat. 39. COURTS, issuing process against foreign ministers, etc., 4063-4065. ^x parte Cabrera, 1 Wash. C. C. 232 ; U. S. vs. Benner, Bald. 234. stealing, altering, falsifying record, writ or process of U. S.; 5394. destroying, carrying away records, etc., by officer having cus- tody, 5408. acknowledging bail, etc., in name of another not privy in, 5394. obstructing, resisting, etc., officer of U. S. in executing process or order of, 5398. {See Obstructing). obstructing, influencing, etc., administration of justice in, 5399- 5404. conspiring to deter or injure parties or Avitnesses attending, or to influence verdict or indictment in, 5406. ^lilMINAL PrOCKDUKE OF 177 COURTS— Continued. forging- signatuve of judge, register or other officer of; or coun- terfeiting seal of, 5419. giving bribe or present to judge of, to obtain opinion, 5446. accepting of bribe by judge of, 5499, 5502. receiving from clerk of, as loan, etc., money belonging to reg- istry of, 5505. CREW. — {See Merchant Seamen, Eevolt). maliciously beating, imprisoning of, withliolding suitable food from, or inflicting unusual punishments on, 5347. endeavor of, to make revolt or mutiny, etc., 5359, 5360. CRIMES, as classified under Title LXX Revised Statutes. (See Offenses.) CURRENCY, counterfeiting of, {See Counterfeiting, Fractional Cur- rency.) CUSTOMS LAWS.— (.S-ee Smuggling). • crimes arising under, 3058-3094. Act of June 22, 1874, 18 Stat, at L. 186 ; 1 Sup. Rev. Stat. 76. customs officer compromising, etc., claims for fines. Act of June 22, 1874, Sec. 15, 18 Stat, at L. 186; 1 Sup. Rev. Stat. 80. obstructing customs officers in boarding vessels, 3068. declining to answer in examination by officer of customs, 2923. DEALER.— (See Special Tax.) DEED, forging, etc., with intent to obtain money from U. S., uttering as true, or having in possession, etc., any false, 5421, DEFRAUD, using post-office establishment to effect scheme to, 5480. Brand vs. U. S. 4 Fed. Rep'r, 394 ; U. S. vs. Jones, 10 Fed. Eep'r,469 ; U. S. r.s. Stickle, 15 Fed. Rep'r, 798 ; U. S. vs. Owens, 17 Fed. Rep'r, 92; U. S. vs. Flenimiug, 18 Fed. Rep'r, 907. DEFINITION, of persons on whom special taxes are imposed — brewers, manu- facturers of stills, rectifiers, retail liquor dealers, wholesale 1^8 U>riTED States Coubts. DEFINITION— CoHiunufZ. li(]^uor dealers, retail dealers in malt liquors, wholesale dealers in malt liquors, dealers in leaf tobacco, retail dealers in leaf tobacco, dealers in tobacco, manufacturers of tobacco, manufac- turers of cigars, (3244). Act of 3Iarch 1, 1879, Sec. 4, 20 Stat, at L. 327; 1 SuiJ. Rev. Stat. 429. of vintners and apothecaries not subject to tax. (3246) Act of 3Iarc7i 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Sujj. Rev. Stat. 431. of distiller, 3247. DEPOSIT. failure to, of persons having public money to, 5492, 5393. receiving public money on, by persons not authorized, 5497, DESERTERS. harboring, enticing soldiers or sailors to desert, 5455. arrest of, State officer or citizen not authorized to arrest de- serter without warrant or military order. See Kuntz vs. Moffitt, 115 U. S., 487. DETAINING LETTERS.— (.See Letters). by any postmaster with intent to prevent deliver}^, 3890. any person employed in the postal service, who shall, or secrete, embezzle, etc., 3891. U. S. vs. Oliver, 4 Leg. Rep'r., 197; U. S. vs. Blackman, 5 McCrary, 438. any postal employe who shall, secrete, embezzle or destroy letters, etc., containing valuable, 5467, 5468. TJ. S. vs. Braham, 3 Hughes, ;>J7; U. S. vs. Clarke, Crabbe, 584; U. S. vs. Sander, 5 McLean, 598; U. S. vs. Paterson, 6 McLean, 46(5; U. S. vs. Wbitaker, 6 ]McLean, 34^; U. S. vs. Wilson, Bald. 78.102; U, S. vs. Mar- selis, 12 Blatch., lOS; U. S. rs. Foye, 1 Curt., 364; U. S. vs. Jenther, 13 Blatch., 335; U. S. vs. Pelletreau, 14 Blatcli., 12G; U. S. vs. Long, 10 Fed. Eep'r., 879; 4 Woods, 4-54; U. S. vs. Nott, 1 McLean, 499; U. S. vs. Martin, 2, McLean 256; U. S. vs. Lancaster, 2 McLean, 431; U. S. vs. Bur- roughs, 3 McLean, 405 ;U. S. vs. Randall, Deady, 524.; U. S. vs. Brent. 17 Int. Rev. Rec, 53; U. S, vs. Cummins, 3 Pittsb. L. J., 405. any person stealing or fraudulently obtaining mail, opening val- uable letters etc., 5469. {See Letters,) any person taking letter or postal card, or packet out of post ofSce or from a letter or mail carrier, or which has been in any post office etc., with a design to pry into etc., or shall se- crete embezzle or destroy the same, 3892. U. S. vs. Lancaster, 2 McLean, 431; U. S. vs. 2 Curtis, 265; U. S. r.^:. I Criminal Pkocedure of 179 DETAINING IjBTTBUS— Continued. McCready, 11 Fed. Rep'r., 225: U. S. ^^s. Eddy 1 Biss. 227; U. S. vs. Thomas, 25 Int. Rev. Rec, 171; U. S. rs. Tanner, 6 , McLean, 128; U. S. vs. Pearce, 2 McLean, 14; U. S. vs. Nutt, 23 Int. Rev. Rec, 386. DISBURSING OFFICER. depositing public money, etc., 5488 ; 5493. trading in public funds, 1788. DISTILLER. {See Distilled Spikits, Stills.} definition of, 3247. distilling on certain prohibited premises, 3266. doing business, etc., after time fixed for suspension, 3310. between 11 P. M. Saturday, and 1 A. M. Monday, 3283. knowingly violating law relative to business, etc., when no specific penalty is imposed, 3456. U. S. vs. McKim, 10 Int. Rev. Rec, 74. failing to keep up sign, etc., 3279. doing business without giving bond, or with intent to defraud U-. S. 3281; Act of Feb. 8, 1875,. tSec. 16, 18 &'tat. at L. 307 ; 1 Sup. Rev. Stat. 132. U. S. vs. Matlioit, 1 Sawy. 142; U. S. vs. One copper still, 8 Biss, 270. obstructing internal revenue officer etc., 3276, 3286, Act of March 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Suiy. Rev. Stat. 432. failing to give notice, renew bond, or giving false bond, 3259. 3260. violating provisions relating to fruit brandy. Act of 3Iarc]i 3, 1877, 19 Stat, at L. 392 ; 1 Sup. Rev. Stat. 295. when marshal may arrest illicit, Avithout warrant, Act of Marchl, 1879, Sec.% 20 Stat, at L. 341; 1 Sup. Rev. Stat. 439. breaking locks, or unlawfully entering cistern room, 3268. using pipe not painted as required by law, 3269. breaking lock, seal, etc., of still, tub, furnace or vessel used at distillery, 3311. making false entries, or omitting to keep or produce books, 3305. carrying on business after notice of suspension, 3310. DISTILLED SPIRITS. (See. Rectifyer, Wholesale Liquor Dealer. definition of, 3248. . adding substances to, to create fictitious proof, 3256. evading payment of tax on, 6523, 180 United States Courts. DISTILLED STIRITS.—Cordimted. failure to efface marks, stamps and brands on casks when emp- tied of, 3324. QSee Casks). buying casks, with inspection marks on, 3325. using false weights or measures in ascertaining quantities of grain, etc., to be used for distillation, 3306. storekeeper, etc., allowing, to be removed unlawfully, 3300. changing stamps, etc., on casks of ; shifting, etc., 3426. removal of, in the night time, 3327. fraudulent acts in relation to exporting, 3330. shipping, etc., under other than trade names, 3449. internal revenue officer becoming interestedin the production of, 3168. removing from l\'arehouse, without payment of tax, or conceal- ing, 3296. U. S. vs. Miller. 14 Blatch, 93; U. S. vs' Schiraer, 5 Blss., 195; U. S. vs. Blaisdell, 9 Int. Rev. Bee, 82; U. S. vs. Nimnemaclier, 7 Biss., 129; U. S. vs. Smith, 27 Fed. Eep'r, 854. removing imported, from warehouse in violation of law, 3296, 3299. affixing imitation stamps on packages of, Act of Feb, 8, 1875, 18 Stat, at L. 307 ; 1 Sup. Rev. Stat. 132. emptying packages of imported liquors without destroying stamps etc.. Act of 3Iareli 1, 1879, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 439, (Sees. 11, 12, 13). using unregistered materials to produce spirits, 3307. DISTRICT ATTORNEYS, accepting gift, etc., for settlement of violation of internal reve- nue laws, 3170. failing to deposit money belonging to registry of court or re- ceiving same as loan, 5504, DRA'WBACK, relanding goods entered for exportation with, 3049. false Statement in entiy of goods for benefit of, 3050. ELECTIONS.— (^Vp Civil Eionxs, Voting.) EMBEZZLEMENT, any person who shall embezzle, steal or purloin any money, ])rr)pevty, voucher, or valuable thing wliatever, jDroperty of CuiMiNAL Procedure of ' 181 EMBEZZLEMENT— Con^uwecZ. U. S. guilty of felony. Act of March 3, 1875, 18 Stat, at L. 479 ; 1 Sup. Rev. Stat. 183. of public money, by unlawfully depositing, loaning, withdraw- ing from deposit, etc., by disbursing officer, 5488, 5490, 5493, 5494, 5497 : Act of Feb, 3, 1879, Stat, at 20 L. 280 ; 1 Sup. Rev. Stat. 406. TJ. S. vs. Forsythe, G McLe.an, 584; U. S. vs. Hutchinson, 4 Pa. L. ,J 365. by failure of Treasurer, public depository, etc., safely to keep, 5489, 5493, 5494. of public moneys by loaning, converting, etc., depositing, ex- changing, by person charged with safekeeping ; failing tf) de- posit when required, 5489-5496, Act of Feb. 3, 1879, 20 Stat. at L. 280 ; 1 Sup. Rev. Stat. 406. by any officer of the United States or his assistant, of any money or other property, of the United States, or belonging to- any person, coming into his custody or possession in the execution of his office or employment, (5497). Act of Feb. 3, 1879, 20 Stat. L. 280 ; 1 Sup. Rev. Stat. 406. by consular officers, 1734. of public property by persons in military service, 1342, Art. 60. by persons in naval service, 1624, Art. 14. of property of either service by any person, 5436. of ordinance, arms, ammunition, clothing, etc., 5439. by persons in the military or naval service, 5306. by clerks and officers of courts, of money belonging to registry, 5504. U. S. vs. Bixby. 10 Biss, 23S. of implements etc., used, etc., in printing bond, certificate, coupon, stamp, etc., 5453. by national bank officer, 5209. U. S. vs. Conant, 9 Cent. L. J., 129; U. S. vs. Taintor, 11 Blatch., 374 ; U. S. vs. Johnson,, 4 Cin. L. Bui., 301; TJ. S. vs. Fish, 24 Fed. Kep'r, .085; U. S. vs. Lee. 12 Fed. Rep'r., 816; U. S. vs. Voorhees, 19 Fed. Pvep'r, 143; U. S. vs. Bartow, 20 Blatch C. C. 340, 351 ; not an offense against the State, People vs. Fonda, 29 N". W. Rep'r, 26 ; Comm. vs. Ketner, 92 Penn. St. 372. of paper for bonds, bills, certificates, 5453. of metals, coins, medals, at mints or assay officers, 5400. of postal revenues, moneys in dead-letter office, 4053. of money-order funds, 4046. 182 " United States Courts. BMBBZZI^BMIiNT— Continued. of letters, etc., containing valuables, by persons empioyed in postal service, 5467, 5468. U. S. vs. Taylor, 1 Hughes, 514; U. S. vs. Baugli, 1 Fed. Rep'r., 784; U- S. vs. Hamilton, llBiss. 85; U- S. »s. Long, 4 Woods, 454. — (See Letters). of letters containing valuables by any person, 5469. U. S. vs. Parsons, 2 Blatch., 104; U. S. vs. Marselis, 2 Blatch., 108; U.S. vs. Cottingham, 2 Blatch., 470; U. S. vs. Foy, 1 Curt. C. C 1G4; IT, S. cs. Pond, 2 Curt. C. C. 265; U. S. vs. Pearce, 2 McLean, 14; IT. S. vs. Fisher, 5 McLean, 23, U. S. vs. Sander, 6 McLean, 598; U. S. vs. Driscoll, 1 Low., 303. — (S. vs. Highleyman, 22 Int. Rev. Rec, 138. by district attorney or marshal compromising violation of inter- nal revenue law, 3170, by officer under color of office, 5481. Ogden vs. Maxwell, 3 Blatcli., 319; U. S. vs. Waltz, 3 Sawyer. 473, 184 CkIHIXAL, PliOCEDUKE OF BX.TORT10N~Continued. inider threat of iiifornung, or 23romise of not informing as to vio- lation of internal revenue law, 5484. by falsely assuming to be a revenue officer, etc., and demanding, or receiving money, 5448. assuming to be an officer, etc., acting under authority of the United States, Act of Ajyril 18, 1884, 23 jStat. at L. 11. EXTRADITION. — (See Ceimixal Pkocedure— Some fiiZe.) FALSE ACCOUNTS.— (See Accorxxs). keeping by person in military or naval service, 5306. making or causing to be made, against U. S. etc., 5438. FALSE AFFIDAVIT,— (See Affidavits). FALSE BID. — (See Affidaa'its). bond, guarantee, record, affidavit or writing: making of, using, etc., to defraud the United States, 5479. U. S. vs. Russell, 19 Fed. Rep'r, 591. FALSE BRAND, shipping liquors or wines under, 3449. FALSE CERTIFICATES, of citizenship, having, using, etc., 5425, 5426. U. S. m. Tynen, 11 Wall., 88. by consular officers, 1737, 5442. by postmaster as to sufficienc}" of guarantor, etc., 3447. by internal revenue officer, 3169, par. 8 ; 3158. by steam-boat inspector, 4425. FALSE CLAIM,— (See Claims). making, causing to be made, presenting, etc., against U. S., 3492, 5438. U. S. vs. Griswold, 24 Fed. Rep'r, 361. making, etc., relating to Indian service, Act of 3Iarc7i 1, 1883, jSee. 8, 22 Stat, at L. 451. FALSE DATING, instruments relating to title, etc., in Califo^'uia, 2473. voucher, using post dated in pension case, 4746. United States Courts. 185 FALSE ENTRIES.— (.SVeXATioxAL Banks). national Bank officers making, etc., 5209. U.'S. vs. Allen, 10 Biss., 90. FALSE EVIDENCE, presenting, etc., to title to lands in California, 2473. submitting for transportation in the mails any, to the post- master relative to character of publication sent through the mails as second class matter, Act of March 3, 1879, Sec. 11, 20 Stat. L. 355 ; 1 Siqy. Rev. Stat. 455. FALSE ENTRY,— (.See Embezzlement). by internal revenue officer, 3169, par. 8. in books of distiller, 3305. in books of brewer, 3340 ; Act of March 1, 1879, Sec. 10, 20 Stat. L. 327. in books of rectifier or wholesale liquor dealer, 3318. in books of tobacco manufacturer, 3372. of cigar manufacturer, 3400. by national bank officer in books of association, etc, (^See National Banks). , false information, giving, in verification of lists of persons who register or vote, 5523. FALSE INVOICE, in entry of imported goods, 2864. FALSE LIGHTS, at sea ; holding out, with intent to bring vessel into danger, 5358. FALSE OATH,— (See Affidavits). by owner, to obtain register of vessel, 4143. U. S. vs. Grundy, Cr., 43S; The Venus, 8 Cr., 253. by agent, etc., to obtain register, 4163. when constitutes perjury, 6392, (^See Perjuey;. in naturalization proceedings, 5395. FALSE PERSONATION, by applicant or witness for naturalization, 5424. of holder of public debts, or person entitled to pension, prize- money, wages, etc., 5435. 186 CRmiNAL PllOCEDURE OF FALSE PERSONATION— Con^tnuec?. of revenue officer, etc., 5448. of officer or employe, acting under authority of United States, Act of April 18, 1884. 23 ^Stat. at L. 11. acknowledging bail or judgment in name of person not privy to etc., 5394. FALSE RECEIPTS.— (See Accounts, Affidavits, Claims). for purchase money of lands, 5420. to obtain or enable another to obtain money from United States, 5451. U. S. vs. Moore, 2 Low., 232, having in possession, etc., to enable another to obtain money from United States, 5422. usino-, etc., to obtain false, fraudulent or fictitious claim, 5438. FALSE RETURNS, in military or naval service, 5306. by census officer, 2193, 2202, Act of March 3, 1877, Sec. 12, 13, 20 Stat, at L. 473 ; 1 Sup. Rev. Stat. 174. to collector or deputy collector Avith intent to evade assessment, etc., 3179. by postmasters, Act of June 17, 1878, 20 Stat, at L. 140 ; 1 Sup. Rev. Stat. 359. U. S. I'.s. Snyder, 14 Fed. Rep'r, 554; 27 Int. Rev. Rec, 331, .363. postmaster collecting and failing to account for postage, etc., Act of March 3, 1879, Sec. 27. 20 Stat, at L. 362; 1 Sup. Rev. Slat. 458. FALSE STAMPS, making, using etc., for beer, 3343. FALSE STATEMENT, in entry of goods for importation, 3050. by internal revenue officer regarding fees, 3158. FALSE SWEARING.— (See Pekjuht). in making proof of residence, etc., in entries of homestead land claims, 2291. by sureties on bonds of bidder for carrjing m?i[\s, Act. of Auff. 11, 1876, 19 Stat, at L. 129 ; 1 Sup. Rev. Stat. 238. United States Courts, 187 FALSE ■WEIGHTS, using, in ascertaining weight of articles used in distillation, 3306. FALSIFYING, record, writ, process, etc., of court, 5394. FALSELY, assuming to e an officer, etc, 5438 ; Act of April 18, 1884, 23 jStat. at L. 11. FARMERS, no special tax required of, for selling at place of production leaf tobacco to amount of 8100, annually ; or for furnishing manu- factured tobacco to hands as rations to amount of one hun- dred pounds annually, Act of March 3, 1883, 22 Stat, at L. Sees. 2, 3, 488. FELONIOUSLY, running away with vessel, 5384. FENCES, breaking, on public lands. Act o^ March 3, 1875, 18 Stat, at L. 481 ; 1 Siqj. Rev. Stat. 186. FERMENTED LIQUORS,— (See Brewers). selling, removing in packages without stamp ^r with false stamp, 3343. U. S. vs. Schimer, 5 Biss. , 103. removing stamp from cask of, receiving, buying, selling, giving away, or having in j^ossession stamps removed from casks, etc., of ; making, selling, using, etc., false or counterfeit stamps or dies, etc., for, (3446) Act of March 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 437. U. S. vs. Bayaud, 15 Rep' r., 520. evasion of tax on , 3340 : Act of March 1, 1879, Sec. 10, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 439. drawing, from unstamped packages, or with false stamp, or without defacing stamp, 3344. penalty regarding, extended to all failures to do acts required by law, Act of March 1, 1879, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 439. 188 Criminal Procedure of FERMENTED LIQUORS— ( Continued). removal of stamp or permit or defacement of, on packages of, by other than owner, 3353. withdrawing beer for bottling from unstamped j)ackages, or bot- tling on brewery premises, 3354. shipping, etc., under other than trade names, 3449. internal revenue officer being interested in the production of, 3168, carrying on business of dealer in, without paying special tax, 3242) Act of Feb. 8, 1875, Sec. 16, 18 ^tat. at L. 307 ; 1 Sup. Rev. Stat. 132. {See Special Tax). definition of terms "Retail Dealer in Malt Liquors" and " Wholesale Dealer in Malt Liquors," Act of March 1, 1879, Sec. 4, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 430. FIFTEENTH AMENDMENT— (See Civil PaoHTS, Constitution). FLEEING FROM JUSTICE.— (See CKmiNAL Procedure, titles Extradition, Limitation). FOREIGN COUNTRIES, crimes by citizens of U. S. in, 4086. FOREIGN GOVERNMENTS. — (See Correspondence, Counterfeiting). FOREIGN MAIL, offenses against, in transitu through United States, 4013, 4516. FOREIGN MINISTERS, violating safe conduct of, or assaulting, 4062. U. S. vs. Ortega, 11 Wh. 467. suing out or executing process against, 4063, 4064. U. S. r.s. Benner, Bald., 231; Ez parte Cabrera, 1 Wash., C. C. 232; U. S. vs. Lafontaine, 4 Cr. C C, 173. FORGERY.— (See Counterfeiting). of certificate of registry, enrollment, etc., of vessel, 4375, 5423. of writing in relation to title of lands, mines, etc., in California, 2471. of letters patent, 5416. of certificate of entry, 5417. of bid, proposal, guarantee, official bond, public record, affidavit or other writing to defraud the United States, 5418, 5479. U.S. vs. Lawrence. 13 Blatcli., 211; U. S. vs. Weiitworth, 11 Fed. Eep'r.,52; U. S. vs. Houghton, 14 Fed. Kep'r., 544; U.S. vs. Corbin, 11 Fed. Pvep'r., 238. United States Coukts. 189 FORGERY— ( Continued). of signature of judge or seal of Court, 5419. of military bounty-land warrant, 5420. deed, power of attorney, order, certificate, receipt or other writ- ing ; or jirocures, etc., or utters, etc., 5421. U. S. i-.s. Moore 2 Lo^-., 232; U. S. vs. Staats, 8 Uo^y., 41; U. S. r.s Wilcox, 4 Blatch., 385. having forged papers in possession for the purjiose of obtaining or enabling another to obtain money from. the United States, 5422. of ship's papers or custom house documents, 5423. U. S. vs. Lawrence, 13 Clatch., 211. of oath, certificate, notice, or record authorized by naturaliza- tion laws, 5424. using forged certificate of citizenship, 5425. U. S. vs. Tynen, 11 Wall., 88. using forged certificate, etc., as evidence of right to vote, 5426. aiding and abetting use of forged certificate of citizenshiji, 5427. buying, selling, or dealing in forged bonds, notes, etc, 5434. demanding or endeavoring to obtain share in public stocks of U. S. on forged power of attorney, 5436. of money-order of Post Office Department, 5463. Ex parte Hibbs, 26 Fed. Kep'r., 421. of U. S. obligations, etc. {See CouNTEHFEiTmG). PORTS, committing offenses in, 5339-5391. FRACTIONAL CURRENCY, making, issuing, circulating, or paying out any note, check, memor- andum, token obligation, for a less sum than one dollar, in- tended to circulate as money, 3583. U. S. vs. Van Auken, 96 U. S., 366; U. S. vs. Warwick, 25 Fed. Eep'r, 138. imitating, or printing business cards on, 3708. FRAUDS. — [See Accounts, Affidavits, Claims, Defraud). under customs law, by unlawfully opening or removing goods 2986, 2987. by making, etc., false invoice, 2865. U. S. vs. 67 Packages, 17 TIow., 85. U. S. vs. Smith, 2 Blatch., 127; U, S. vs. Nolton, 5 Blatch., 427. 190 Criminal Pkoceduee of FRAUDS— (Coniuiuec?). by making false return, or refusing to deliver book to collector, 3179. by an internal revenue officer being interested in manufacture, etc., 3168. in manufacturing tobacco and snuff on shares, 3370. removing cigars without properly boxing, etc., 3397. U. S. vs. Jacoby, 12 Blatcli., 491; U. S. vs. Millard, 13 Blatcli., 534. in manufacturing cigars on shares, 3399. by removal or concealment of goods with intent to defraud United States of tax, 3450. U. S. vs. 100 Barrels of Spirits, 2 Abb. U. S. 305. in execution, etc., of documents required by internal revenue laws, 3451, having goods in possession with intent to sell to avoid tax, 3452, 3453. U. S. vs. Adler, 3 Dill., 285; U. S. vs. 16 Barrels Distilled Spirits, 10 Ben. 484. using Post Office in executing scheme to defraud, 5480. Brand vs. U. S. 4 Fed. Rep'r, 394 ; U. S. vs. Jones, 10 Fed. Eep'r, 469 ; U. S. vs. Stickle, 15 Fed. Pvep'r, 798 ; U. S. vs. Owens, 17 Fed. Eep'r, 72 ; U. S. vs. Flemming, IS Fed. Rep'r, 907. by congressional printer, 3784. in use of marked or stamped spirit casks, 3326. in use of empty stamped packages for tobacco or snuff, 3376. in use of empty stamped cigar box, 3406. (See Stamps), FUGITIVES FROM JUSTICE. — {See Crimixal Pkocebure, Titles Extradi- tion, Limitations). rescuing prisoner from extradition agent, 5279. GAUGERS, customs revenue — extortion and neglect of dut}- by, 2637. internal revenue — employing distiller, etc., to use brands, etc., 3290. making fraudulent inspection, gauging or proof, 3292. GIFT ENTERPRIZES, mailing circidars concerning, etc., (3894) ^c^ o/ J"»?y 12, 1876, Sec. 2, 19 Stat, at X. 90 ; 1 Sup. Rev. 230. Re Jackson, 14 Blatch., 245; U. S. vs Duff, 6 Fed. Rep'r, 45 ; 19 Blatch, 9; 11 Rep'r, 325 ; U. S. vs. Dauphin, 20 Fed. Rep'r, 625 ; U. S. vs. Xoelke, 17 Blatch., 554; 15 Opin. Atty. Gen'l., 203; U. S. rs. Moore. 19 Fed. Rep'r. 39 ; IJ. S. vs. Mason, 22 Fed. Rep'r, 707 ; U. S. vs. Clark, 22 Fed. Rep'r 70S. United States Courts. 191 GIFTS — {See Coxtributions). soliciting, by clerks, etc., from other clerks, etc., for superior officer ; receiving, by superior officers from employes receiv- ing a less salary, 1784. acceptance of, by inspector, etc., of customs, 2637. by internal revenue officers for compromise, etc., 3169. by marshals or district attorneys for compromise, etc., 3170. officers of customs receiving, for services, etc., 4187, 4373. making or offering to make, to officers of the revenue, by per- sons engaged in importation of goods, 5452. GUANO ISLANDS, committing crimes and offenses on, 5576. GUARDIANS, embezzling pension of wards, 4783, 5486. U. S. vs. Bennet 12 Blatch, 345; U. S. vs. Hall, 98 U. S. 343. GUNPOWDER, shipping, etc., in violation of law, in passenger steamers, 4476, mixed with oil, etc., transporting in passenger conveyances, 5353-5355. HABEAS CORPUS,— (See same title Criminal Procedure). HARBORING, deserters from 'naval or military service, 1553, 5455. workmen from armory or arsenal, 1668. HIGH SEAS, offenses on, indexed herein under proper heads, 5339-5391. HOMESTEAD LAND CLAIMS, false swearing in making proof, etc., in entries of, 2291. ILLEGAL FEES.— (See Agents). inspector of steamboats receiving, 5482. consular officeis exacting, 1716. ILLICIT DISTILLERS.— (, See Distillers). marshals may arrest witliout warrant, when, J.C?; of March 1^ 1879, Sec. 9, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 439, 192 CiiiMixAL Pkoceduke of IMPORTATION, of women for purpose of jirostitntion, Act of 3Iarc7i 3, 1875, 18 Stat, at L. 477 ; 1 Sup. Rev. Stat. 181. of neat cattle and their hides, 2193-2495. of obscene articles, Act of March 3, 1883, 22 Stat at L. 489. of same bj U. S. officials, 1785. (^See Obscene). IMPORTED LIQUORS, failure to efface stamps on empty packages oi, Act of 3fai/ 28, 1880, Sec. 12, 21 Stat, at L. 145 ; 1 Sup. Rev. Stat. 532. INCITING, or engaging in rebellion or insurrection, 5334. revolt. {See Revolt). INDIAN CONTRACTS, employes of the gOA^ernment becoming interested in, Act of June 22, 1874, 18 Stat, at L. 173 ; 1 Sui?. Rev. Stat. 67. INDIANS, — {Soe Ckiminai. Procedure). crimes in Indian County, 2105, 2128-2146, 5148. U. S. «.s. Howard, 17 Fed. Rep'r, G38; crimes against, 2150-2157. to be subject to same law for punishment of crimes as are all other persons. Act of March 3, 1885, 23 Stats, at L. 385. purchasing cattle of, in violation of law. Act of July 4, 1884, 23 Stat, at L. 94. officers in Indian service making false voucher, J.ci of July 4:^ 1884, Sec. 8, 23 Stat, at L. 97. INFORMING, receiving money under threats of, 5484. {See ExTOETlON). INSPECTORS, of customs ; extortion, etc., by, 2637. {See Extortion). of internal revenue ; any person obstructing, etc., 3177, of steam vessels, receiving illegal fees, etc., 5482. of boilers and hulls, certifjdng falsely, 4425. United States Courts. 193 INSURRECTION,— (.See Inciting). setting on foot, aiding, etc., 533-i, 5336. Ex parte Lange, IS Wall. , 103. INTERCEPTING- LETTERS, — (,§ee Detaining Letters, Letters). taking letter, postal card or packet, though containing no article of value, etc., out of any post-ofiice, etc., before it has been delivered to party addressed, with a design, etc., or secreting, embezzling or destroying same, 3892. U. S. U.S. McCreaily, 11 Fed. RepV 225; U. S. vs. Eddy, 1 Biss. 227; U. S. vs. Tanner, 6 JtlcLcan, 128; U. S. vs. Pearce, 2 McLean, 14; U. S. vs. Thomas, 25 Int. Rev. Eec. 171; U. S. vs. Lancaster, 2 McLean, 431; U. S. vs. Pond, 2 Curt. 2G5; INTERNAL REVENUE, Officers : (/S'ee OFFICIAL MISCONDUCT). collector of, etc., issuing stamps indicating payment of tax be- fore payment has been made. Act of Marcli 1, 1879, Sec. 1, 20 Stat, at L. 327 ; 1 Siq). Rev Stat. 422. approving bond of distiller before all the requirements of law, etc., have been complied with, 3261. U. S. vs. Thirty-five Barrels, 9 Int. Ptev. Eec, 67. collector, etc., carrying on any trade or business in any public property of United States, or of any State, 1789. omitting to render statement of fees, etc., 3158. disclosing oj)erations of manufacturers, 3167. becoming interested in certain manufactures, 3168. guilty of extortion, receiving unlawful fees, etc., 3169. embezzlement by officers connected with or employed in the in- ternal revenue service. Act of Feb. 3,1879, 20 yStat. at L. 280 ; 1 Sap. Rev. Stat. 406. laws imposing penalty on internal revenue officers, to what offi- cers to apply, Act of Feb. 8, 1875, Sec. 23, 18 Stat, at L. 307 ; 1 Sup. Rev. Stat. 134. gangers unlawfully allowing use of books, brands, etc., 3290. making fraudulent inspection, gauging, etc., 3292. revenue officers affixing or cancelling stamps relating to distill- ed spirits exce[)t as provided by law, 3316. storekeeper violating law regarding removal of distilled spirits, 3300. obstructing internal revenue officer, etc., {See Obstructing). 194 Criminal Procedure of INTERNAL REVENUE, Off'enses : (See Casks, Cigars, Distilled Spirits, Fermented Liquors, Special Tax, Stamps, Tobacco). any person delivering, etc., any false or frandulent return, etc., or neglecting to appear and produce books to evade assess- ment, etc., 3179. fraudulently claiming or seeking allowance of drawback, 3443. removing or concealing articles with intent to defraud the reve- nue, 3450. U. S. «.s. 100 Barrels of Spirits, 2 Abb. U. S. 305; U. S. vs. Blaisdell, 9 Int. Rev. Rec. 82; TL S. vs. Miller, 14Blatch., 93. fraudulently executing documents required by, 3451. having property in possession with intent to sell in fraud of in- ternal revenue laws, 3452. The Distilled Spirits, 11 Wall., 3.5(3. disposing of or receiving empty stamped packages ; manufactur- ing, etc, 3455. distillers, rectifiers, wholesale liquor dealers, and manufactur- ers of tobacco and cigars, omitting things required, and doing things forbidden by internal revenue laws, 3456. (See Brew- ers.) U. S. vs. McKim, & Co., 2 Am. L. T. U. S. lo3; TJ. S. vs. 200 Barrels of Whisky, 2 Woods, 54. rescuing seized property from revenue officer, 5446. obstructing internal revenue officer, etc., 3178, 3276, ; Act of March 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 432 (See Obstructing). INTIMIDATING,— (.See Corruptly). witness, etc., of U. S. Court, 5399. Ex parte Robinson, 19 Wall., 505. INVOICES, concealing or destroying to suppress evidence of fraud, 5443. JURIES, conspiracy to influence verdict of, 1980, 5406. corruptly, etc., endeavoring to influence, 5404, 5405. JURORS,— (.See Conspiracy). corruptly endeavoring to influence, etc., 5404-5406. I United States Courts. 195 JUSTICE, endeavoring to impede administration of, 5399. JUVENILE OFFENDERS, — {See Criminal Proceduee, title Prisoners). provisions for confinement of, 5548-5550. KEYS, mail-lock ; stealing, unlawfully making, etc., 5477. KIDNAPPING, with intent to sell or hold in slavery, 5525. LAGER BEER, — {See Fermented Liquors). LANDING, in U. S. merchandise exported to Mexico, etc., 3008. relanding goods entered for export with drawback, 3050. Barlow vs. U. S., 7 Pet. 404; U. S. us. 85 Hogsheads of Sugar, 2 Paine, 54. LAND WARRANTS, falsely making, forging, etc., 5420. wrongly withholding of, by agent or attorney, (5485). Act of July 4, 1884, Sec. 5, 23 Stat, at L. 101. LANDS, forging, etc., evidence of title to lands, mines, etc., 2471-2473. combining to prevent bids at sales of public, 2373. Fackler vs. Ford. 24 How., 331. interrupting, hindering or preventing surveying of, 2412. LARCENY.— (See Stealing.) on high seas, etc., 5356. U. S. vs. Davis, 5 Mas. 356. of property belonging to United States, 5456. Act of March 3, 1875, 18 Stat, at L. 479. 1 Sup. Rev. Stat. 183. LEAF TOBACCO,— (See Tobacco.) LETTER BOXES, injuring, 3869. maliciously injuring, etc., mail matter deposited in, 5466. 196 _ Criminal Pkoceduee of LETTER CARRIER. wearing uniform of, without authority, 3967 assaulting of, 3869. illegally carrying mail matter, 3981, 3992, knowingly and willfully obstructing. 3995. LETTERS.— ( .See Detaining, Ixtekceptixg). unlawfully detaining of, by post-master, 3890. uulawf uUy detaining, delaying or opening any letter not contain- ing valuable by postal employe, 3891. {See Detaining]. any person taking letter from, etc., not containing valuable, 3892, (See Ixterceptixg). embezzling, secreting, destroying, etc., any letter, packet, etc., containing valuable, by person employed in postal service, 5467, 5468. U. S. rs. Foy, 1 Curt., 36.5; U. S.rs. Wilson, Bald., 78, 102; U. S. vs. Marselis, 2 Blatcli., 108; U. S. vs. Winter, 13 Blatch., 33.3; U. S.,rs. Gold- ing, 2 Cr. C. C. 212; U.S. vs. Jenther, 13 Blatch., 335; U. S. vs. Pelletreau, 14 Blatch., 12(3; U. S. vs. Long, 10 Fed. Rep'r, 879; U. S. vs. ISTott, 1 Mc- Lean, 499; U. S. vs. Martin, 2 McLran, 256; L'. S. vs. Laws, 2 Low.. 115; U. S. vs. Bramham, 3 Hughes, .557; U. S. vs. Crow, 1 Bond, 51; U. S. vs. Eandall, Deady, 524; U. S. vs. Clark, Crabbe, 584; U. S. vs. Lancaster, 2 McLean, 431; U. S. vs. Patterson, 6 McLean, 466; U. S. vs. Whitaker, 6 McLean, 342, U. S. vs. Sander, 6 McLean, 598; U. S, r.s. Hamilton, 9 Fed. Rep'r, 442; U. S. vs. Brent, 17 Int. Rev. Rec, 53. any person stealing, taking, etc., letter, packet, bag, etc., out of any post-office mail, etc., containing any valuable, and open- ing, embezzling or destroying same, 5469. U.S. vs. Parsons, 2 Blatch., 104; U. S. i-.s. Sander, McLean, 598; U. S. vs. Pearce, 2 McLean, 14; U. S. vs. Pond, 2 Curt., 265; U. S. zs. Dris- co]l,l Low., 303. accessories after the fact to stealing, etc., 5534, 5535. IT. S. r,s-. Hardyman, 13 Pet. 176; U. S. vs. Keene, 5 McLean, 509; U. S. vs. Crane, 4 McLean, 317; U. S. vs. Falkenhaiuer, 21 Fed. Rep'r, 624. carriers illegally carrying, 3981. U. S. vs. Hall. 9 Am. L. Reg. 2-32; U. S. vs. Kochersperger, 9 Am. L. Reg. 145 ;U. S. vs. Easson, 18 Fed. Rep'r., 590; Blackham vs. Gresham, 16 Fed. Rep'r, 009; United States vs. U. S. Express Co., 5 Biss. 91; U. S. vs. Thompson, 9 L. Rep'r. 451; U. S. vs. Adams, 1 West. L. J., 315; U. S. vs. Gray, 3 Ilaz. U. S. Reg., 227; U. S. vs. Kimball. 7 L. Rep'r, 32; U. S. vs. Pomeroy, 3 Js. Y, Leg. Obs. 143. mailing, etc., concerning lotteries, etc., 3894. (See Lotteries)- placing in or taking from j)nst-office, in execution of scheme to defi-aud, 5480. {See Defraud). United States Courts. 197 LETTERS— Confonwed de2)ositing in post-office or mailing obscene, 3893. {See Obscene). receiving valuable enclosure stolen from mail, 5487. U. S. vs. Hardymaii, 13 Pet. 170; U. S. ivs. Keene, 5 McLean, 509. postal employe embezzling money in dead letter, 4053. LETTERS PATENT, counterfeiting, altering, etc., 5416. LICENSE,— ( See Special Tax). navigating ferry-boat, etc., propelled by steam without licensed engineer or pilot, 4426, 4427, 4500. employing, etc., to serve or serving as master, cliief mate, en- gineer or pilot on steamer without, 4438. licensed officer on vessel failing to exhibit, 4446. LIFE PRESERVER, owner of steamer failing to provide, etc., 4489. LIFE-SAVING SERVICE, violating laws relating to, ^c^ of June 20, 1874.18 Stat, at L. 125. LIGHTS, holding out false, or extinguishing, to bring vessel into danger, 5358. U. S. vs. Coombs, 12 Pet. 72 ; U. S. vs. Kessler, Bald. 15. LIQUORS.— (»See Distilled Spirits, Fermented Liquors, Special Tax). LOCKS, breaking, injuring, etc., distillery locks, 3268. Unlawfully having, etc., mail locks, 5477. LOTTERIES.— (, See Gift Enterprise). mailing letters, circulars, etc., concerning, 3894. postmaster acting as lottery agent, 3851. MAIL,— (See Stealing). claiming to be carrier of, etc., when not, 3979. accessory to robbing, or stealing the mail, 5534, 5535. U. S. vs. Mills, 7 Pet. 1-38, U. S. vs. Lancaster, 2 McLean, 431; U. S. vs. Wilson, Bald. 78, 9.'3; U. S. vs. Wood, 3 Wash., 440. 198 Criminal Procedure of MAIL — Continued. illegally carrying, 3981, 3987. (See Letters.) conveying without compensation not prohibited, 3992. obstructing passage of, 3995, 3996. U. S. vs. Kirby, 7 Wall. 482; U. S. vs. Hart, Pet. C. Ct. 390; 3 Wlieel. Crim. Cas. 304; U. S. vs. Harvey. 8 L. Rep'r, 77; U. S. vs. Barry, 3 Hughes, 545; 2 Wheel. Crim. Cas. 513; U. S. vs. McCracken, 3 Hughes, 544; U. S. vs. Demott, 3 Fed. Rep'r, 47S; U. S. vs. Clark, 23 Int. Rev. Kec, 306; IT. S.vs. Kane, 19 Fed. Rep'r, 42. letters in stamped envelopes may be carried out of, 393, MAIL BAG, stealing, etc., 5475. cutting, injuring, etc., 5476. MAIL MATTER, (.See Letters, Newspapers). inclosing letters in printed, 3887. removing stamps from, 3922, (See Postage Stamps) injuring, deposited in letter-box, 5466, 5468. MAIMING, in fort, etc., or on high seas, 5348. MALFEASANCE.— (S.e Official Misconduct). of consular officers, 1736. of officers under laws relating to domestic commerce, 4374. MALICIOUS, wounding on high seas, 5339. attacking vessel, 5361. forcing officer or mariner on shore, 5363. MALT LIQUORS.— (See Bkeweks, Fermented Liquors). sour, removable in joeculiar jDackages without stamps, 3347. maltreatment, of crew by officers of vessels, 5347. U. S. vs. Freeman, 4 Mas. 511; U. S. vs. Taylor, 2 Sumn., 584; U. S. w, Winn, 3 Simm., 209; U. S. vs. Collins, 2 Curtis, C. C, 194. MANIFEST. vessel having on board distilled spirits, foreign merchandise, or no cargo proceeding without, 4354. United States Courts. 199 MANSLAUGHTER, on high seas, etc., 5341. U. S. vs. Imbert. 4 Wash. 702. attempt to commit, etc., 5342. punishment for, (5343)— ylci of March 3, 1875, 18 Stat, at L. 473; 1 Sup. Rev. Stat. ^11. officers, etc., of vessels by whose misconduct life is lost, guilty of, 5344, Re Doig, 4 Fed. Ilep'r., 193; U. S. vs. Knowles, 4 Sawy._, 517; U. 3. vs Wiltberger, 5 Wh., 70; U. S. vs. Keller, 19 Fed. Rep'r., 6;3;3." causing death by transporting explosives on passenger convey- ances, deemed to be, 5354. MARSHALS.— (.See Accounts, Official Misconduct). accepting gift, etc., for compromising violations of internal revenue law, 3170. suffering escape of prisoner, 5409, 5410. refusing to receive or execute process under civil rights laws- 5517. procuring illegal fees under bankrupt act, 5012. obstructing, etc., iu performing duties relating to elective fraii, chise, 5522. obstructing, iu serving process. — (See Obstructing). MANUFACTURER.— (.See CiGARS, SxuFF, Tobacco). MASTERS OF VESSELS. serving without license, 4438. taking away live-oak or red cedar timber on lands of U. S., 4462. summary trials of, for offenses against navigation laws, 4300- 4305. knowingly shipping seamen without articles, 4521. illegally discharging seamen, 4549, failing to keep medicines, 4570. failing to carry weights and measures, 4571. failing to carry food or clothing for seamen, 4572. confining of, by crew, 5359, 5384. {See Revolt). usurping command from, by seamen, 53G0. forcing officer or mariner on shore, 5363. seamen laying violent hands on, when deemed pirates, 53C9. failure of, to surrender certificate, 4162. 200 Criminal Pkocedure of MASTER! OF VBSSBS—Continuea. failure to surrender ex[)ired license, 4325. failure to report change of master, 4335. refusing to exhibit enrollment or license, 4336. violating regulations as to berths, 4255. failure to provide deck-houses, ventilators, cooking range, 4259. furnishing short allowance of provisions or water, 4261. failing to have provisions properly cooked and distributed, 4262. failure to maintain discipline, cleanliness, etc., 4263. to keep apartments of passengers in healthy condition, 4263. to furnisli collectors with list of passengers on arrival, 4266. to pay to collector sum required by law on account of death of passenger on voyage, 4268, 4269, 4270. The Caiidace, 1 Low., 120. permitting officer or seamen to visit part of the vessel assigned to emigrants, 4276. neglecting to post notice prohibiting officer or seaman to visit part of vessel assigned to emigrants, 4277. failure to exhibit license in conspicuous place, 4446. carrying more than lawful number of passengers, 4465. failing to keep list of passengers, 4468. failure to have cargo agree with manifest, 2887. IT. S. vs. Fairclough, 4 Wash. C. C. 398. neglecting to comply with requirements, etc., on northern fron- tier, 3125. in relation to register and enrollment and licenses of seamen, 4373, 4380. MATCHES, shipping, contrary to law, 4476. MATES, violating rules as to seamen passing, 4413. serving without license, 4438. failing to display license, 4446. MAYHEM, in places under exclusive jurisdiction of United States, or on high seas, etc., 5348. MEASUREMNET, survevor giving collector or naval officer false, of vessel, 4187. United States Coukts. 201 MEDICINES, failure to cany, by merchant seamen, 4570. MERCHANT APPRAISORS, refusing- to serve as, 2G10, 2945. MERCHANT SEAMEN. — (See Ckew, Mastek.) arrest and commitment of foreign, in case of disputes, etc., 4079, 4081. in case of desertion, 4522, 4596. shipping without agreement with master, 4514. U. S. vs. Steamship City of Mexico, 11 Blatch., 489; U. S. vs. Hamilton, 1 Mas., 443; U. S. vs. Haines, 5 Mas., 272. accepting, illegally shipping, 4515, 4517^ 4521. F. S. vs. Haines, 5 Mas., 272. breach of articles by, 4522. neglect of duty to, by consular officers, 1736, neglect of master in regard to effects of, 4540. various offenses by, and punishment of, 4506-4612. MESSENGERS, of electoral college neglecting duty, 145 MEXICAN GRANTS, false dating, etc., instruments relating to, in California, 2471. MINISTERS.— (See Fokeign Mixistees.) MINTS, officers of, debasing coins, embezzling metals, etc., 5460. MISPRISION, of felony on high seas, 5390. of treason, 5333. Jj. S. vs. Wiltberger, 5 ATh.,07 ; Confiscation cases, 1 Woods, 221 ; U. S. vs. Tract of Land, 1 Woods, 475. MONEY, making or uttering without authority, any coins of gold or silver, etc., intended for purposes of current money, whether in resemblance of coins of U. S. or foreign country, 5461. U. S. vs. Bejandio, 1 Woods, 294, 202 Cbiminal Pkoceuure of MONEY.— (Continued). making any coin, card, token, etc., intended to be used as money, for one cent, two cent or five cent piece, 5462. making, issuing, circulating or paying out any note, check, me- morandum, token or other obligation, for a less sum than one dollar, intended to circulate or be received as money, 3583. (See Fractional Cukeency). imitating U. S. securities on business cards, etc., 3708, 5188. making, having, etc., without proper authority, obligations in likeness of U. S. obligations, 5430. MONEY-ORDER FUNDS, embezzlement of, 4046. MONEY-ORDERS, issuing before payment for, 4030. falsely making, altering, etc., or of any material signature on, or passing, etc., any false or forged, 5463. Ex parte Hibbs, 26 Fed. Rep'r, 421. MURDER.— (.See Manslal'ghter, Pieacy). trials for, by diplomatic officers in foreign countries, 4090. upon the high seas, accessory before the fact to, 5323. on high seas, or in any place within the exclusive jurisdiction of the United States, 5339. U. S. r.s. Cornell, 2 Mas., 91: U. S. vs. Freeman, 4 Mason, 505; U. S. vs. Drew, 5 Mason, 28; U. S. vs. Douglas, 2 Blatch., 207; U. S vs. McGill, 4 Dall., 426; U. S. vs. Bevans, 3 Wh., 336; U. S. is. Furlong, 5 Wh., 184; U. S. vs. Holmes, 5 Wli., 412; U. S. vs. Marchant & Colson, 12 Wh., 480; U. S. vs. Magill, 1 Wash., 463; U. S. vs. Ross, 1 Gallis., 624, U. S. vs. Leonard, 18 Blatch., C. C, 187. having knowledge of, etc., on high seas, misprision of felony, 5390. attempt to commit, on high seas, etc., 5342. when deemed piracy, 5372. {See Piracy). committing on high seas, under color of commission from foreign state, 5373. U. S. vs. Baker, 5 Blatch,, 0. MUTINY.— (, See Revolt). by seamen, 4596. {See Merchant Sea^nien). The Hercules, 1 Sprague, 534 ; Cloutman vs. Tunison, 1 Simon. 373; The United States Coukts. 203 MUTINY— Continved. John Martin, 2 Abb, U. S., 172; Wood vs. The Nimrod, Gilp., 83 ; Magee vs. The Moss, Gilp,. 219; Bi'ower vs. The Maiden, Gilp,. 294; Freeman vs. Baker, Blatch. & H., 372; The Brig vs. Mathews, 2 Paine, 229; The Schooner Phoebe vs. Dignnm, 1 Wash., 4S; Tlie Bark Merrimack, 1 Ben., 490; The Schooner Catawantiak, 2 Ben., 189; The Brig Osceola, Ala., 451; Scott vs. Ptose, 2 Low., 381 ; U. S. vs. McArdle, 2 Sawyer, 367. endeavor of crew of American vessel to make, 5359. acts which constitute, 5360. NAPHTHA, shipping contrary to law, 4476. NATIONAL BANKS,— (See Embezzlement). unlawfully issuing notes to, 5187. printing, etc., business cards in imitatioh of, or upon circulating notes of, 5188. mutilating circulating notes, drafts, etc., of, 5189. taking unlawful interest, 5198. Farmers, etc.. Bank vs. Bearing, 91 U. S. 29. receiving United States notes as security, 5207. officers of, certifying checks when person drawing same has not equal amount on deposit, 5208 ; Act of Jul i/ 12, 1882, 22 jStat. at L. 166. Merchants' Bank vs. State Bank, 10 Wal., 604; People's Bank »s. Na- tional Bank, 101 U. S., 181. perjury by false statement, in report to comptroller, under Sec. 5211. U. S. vs. Curtis, 107 U. S., 671. embezzlement, etc., by officers of, 4209. TJ. S. vs. Taintor, 11 Blatch., 374; U. S. vs. Conant, 9 Cent. L. .J., 129; Ee Van Carapen, 2 Ben., 419; U. S. vs. Britton, 107 U. S., 655; U. S. vs. Britton, 108 U. S., 199; 2 Sup. Ct. llep'r, .520 ; U. S. vs. Allen, 10 Biss., 90; U. S. vs. Bartow, 20 Blatch., 349; U. S. vs. Britton, 107 U. S., 066; U. S. vs. Fish, 24 Fed. Rep'r, 585; See IT. S. vs. Warner, 26 Fed. Rep'r, 616 as to what indictment for abetting must state. Held not to be an offense against the State. People vs. Fonda, 29 N. W. Kep'r, 26. failure of, to niiike reports, 5213. failure to make return of deposits, etc., 5215. using title " National " by unauthorized banks, 5248. counterfeiting notes of, or passing, etc., same, 5415. bujdng, selling, etc., forged or altered notes of, 5434, {See Couisr- terp^eiting). naturalization, taking false oath of, 5395. U. S. vs. Walsh, 22. Fed. Ptcp'r, 644. 204 Criminal Procedure of NATURALIZATION.— C'o»ii«Ht(7. false personation of applicant for, or witness ; falsely making, etc., oath, certificate, notice, record, signature ; having, using, etc., false certificate of citizeiiship,5424, 5425, 5429. U. S. vs. Tynen, 11 Wall., 88. aiding and abetting offenses relating to, 5427, 5429. using certificate of, jDrocured through fraud, 5428, 5429. using false certificate of, as evidence of right to vote, 5426, 5429. NEGRO— (»S'ee Slave Trade). confining on vessel, etc., ■svith intent to make slaves. 5375, 5376. NEUTRALITY, accepting commission in U. S. to serve foreign country, 5281. U. S. vs. Williams, 4 Am. L. J. 4G1; 2 Cr. 83 note. enlisting in foreign service, 5282. U. S. vs. Hertz, 3 Pittsb. Leg. J. 194; U. S. vs. Kazinski, .5 Sprague, 7. arming vessels against foreign peoples, 5283. The Estrella, 4Wh. 298; The Gfan Para, 7 Wh., 471; The Santa Maria, 7 Wh. 440; The Monte Allegrc, 7 Wh. 520; U. S. vs Furlong, 5 Wheat. 181; U. S. U.S. Reybiirn, 6 Pet. 352; U. S. vs. Quincy, G Pet. 445; The Al- fred, 3Dall., 307; The Phoebe Ann. 3Dall., 319; The Santisima Trini- dad, 7 Wh. 2S3; U. S. vs. Pirates, 5 Wh. 184; The Meteor, 1 Am. L, Rev. 401; U. S. «s.Guinet,2 Dall., 321 ; The Mary N. Hogan, IS Fed. Eep'r, 529; JJ.S.vs. Skinner, 2 Wheel. Cr. Crs. 232; The Emily, 9 Wh. 381; The City of Mexico, 24 Fed. Rep'r, 33. arming vessels to cruise against United States, 5284. augmenting force of foreign vessels of war, 5285. The Alerta vs. Moran, 9 Cranch, 593; The Santisima Trinidad, 7 Wh. 283. setting on float, etc., military expedition against peoples at peace with the United States, 5286-5287. U. S. vs. Rand, 17 Fed. Rep'r, 142; U. S. vs. Lumsden, 1 Bond, 5; U. S. vs. O' Sullivan, 9 jST. Y. Leg. Obs. 257. NEWSPAPERS, writing on, or enclosing writing in, and mailing without letter postage, 3886-3887. Act of March 3, 1879, Sec, 23, 20 Stat, at L. 355. improperly delaying, embezzling or destroying, opening mail of. by postal employe, etc., or other persons, 5471. false evidence as to character of mailed. Act of March 3, 1879. Sec. 13. 20 Stat, at L. 355. NITRO-GL Y CERINE , shipping of, contrary to law, 4476. transporting, or delivering to be transported, on vessel or vehicle employed in carrying passengers, 5353-5355. United States Coukts. 205 OBLIGATIONS, — (See Countekfeitixg). u 11 liuvf Lilly using geniune plates for piiiitiug of U. S., 5430. Ex parte Holcoiub, 2 Dill., 392. OBSCENE, articles, books, etc., importing, etc., (2491-2492), Act of Mareli 3, 1883, Sec. 6, 22 Stat, at L. 489. officer of U. S. aiding, etc., in importing, or trading in obscene literature, 1785. Act of Marcli 3, 1883. Sec. 6. 22 Stat, at L. 490. depositing in post-office, or mailing, obscene book, writing, etc., 3893. Act of July 12, 1876, 19 Stat, at L.. 90 ; 1 Sup. Rev. Stat. 11^. U. S. vs. Williams, 3 Fed. Rep'r, 484; U. S. bs. Loftis, 12 Fed. "Rep'r, 671; U". S. vs. Bott, 11 Blatch., 346; U. S. vs. Foote, 13BlatcU., 418; U. S. vs. Bennet, 16 Blatch., 338; U. S. vs. Smith, 11 Fed. Rep'r, 663; 28 Int. Eev. Kec, 327; Bates vs. TJ. S , 10 Fed. Rep'r, 92; U. S. vs. Kaltmeyer, 16 Fed. Rep'r, 760; U.S. vs. Chesman, 19 Fed. Rep'r, 497; U. S. vs. Kelly, 3 Sa\vy.,566; U. S. vs. Pratt, 2 Am. L. T. K S. 228; U. S. vs. Gay- lord, 11 Biss. "438; 17 Fed. Rep'r., 4.38, 444, 446; U. S. vs. Morris, 18 Fed. Rep'r, 900; U. S. vs. Britton, 17 Fed. Rep'r, 731; U. S. vs. Comerford, 25 Fed. Rep'r., 902; U. S. vs. Thomas, 27 Fed. Rep'r, 682: U. S. vs. Chase, Idem. 807. delivering or circulating obscene literature, etc., in place under exclusive jurisdiction of United States, 5389. OBSTRUCTING, customs officers in discharge of duty, 3068. internal revenue officers, 3177, 3276, 3277. Act of March 1, 1879, Sec. 5, 20 Stat at L. 327 ; 1 Sup. Rev. Stat. 432. inspector of goods or baggage from contiguous foreign country, 3101. officers, etc., under civil rights laws, 1980, 5519. officers executing process of United States courts, 5398. U. S. vs. Tinklepaugh, 3 Blatch., 42.>: U. S. vs. Smith, 1 Dill., 212; U. S. vs. Fears, 3 Woods, 510; U. S. vs. Liikins, 3 Wash., 335; U. S. vs. McDonald, 8 Biss. 439; U. S. vs. Phelps, 4 Day, 469; U. S. vs. Batchelder, 2 Gall. 15; U. S. vs. Stowell, 2 Curt. 1.53. the due administration of justice in U. S. courts, 5399. citizens in voting, or qualifying to vote, etc., 5506. the mail, or persons, etc., carrying same, 3995, 3996. (^See Mail). U. S. vs. Kirby, 7 Wall. 482. surveys, etc., 2412. safety-valve of boiler on steam vessel, 4437. 206 Cetminal Peoceduee op OFFENSES— as classified in Title LXX., Crimes, Rev. Stat. U. S. general provisions, 5323-5550. against the existence of government, 5331-5838. arising under the maritime and territorial jurisdiction of the United States, 5339-5391. against justice, 5392-5112. against operations of government, 5113-5180. forgeries, frauds, etc., 5113-5156. counterfeiting coin, 5157-5162. postal crimes, 5163-5180. official misconduct, etc., 5181-5505. against elective franchise and civil rights, 5506-5532. accessories, 5533-5535. prisoners and their treatment, 5536-5550. OFFICE, accepting or exercising, contrary to law, 1771. removing from, or appointing to, contrary to law, 1772. public officers accepting consideration for procuring, 1781. holding, etc., when excluded for having engaged in rebellion, 1787. persons convicted of treason, etc., not to hold, 5331. conspiring to prevent person from accepting or holding, or to injure person holding, 5518. (Sec Civil, Rights). OFFICER,— ( See Official Miscoxduct). obstructing, etc., in serving process of U. S. Court, 5398. (See Obsteuctixg). official misconduct, national bank officer, falsely certifying checks, etc.. Act of July 12, 1882, 22 Stat, at L. 166. embezzlement by national bank officers, 5209. (See E^ibezzle- MEXT, National Banks). extortion under color of office, 5181. (See Extoktiox). customs officer compromising, etc., claims for fines. Act of June 22, 1871, Sao 19,18 Stat, at L. 18 > ; 1 Sap. Uiv. Stat. 81. inspector of steam-boats receiving illegal fees, 5182. inspector of steam-boats making false certificate, 4125. officer receiving from employe voucher for larger amount than paid, 5483. United States Courts. 207 OFFICIAL MISCONDUCT— Cojii/jiuetZ. receiving money under threat of informing, etc., of violation of internal revenue law, 5484. falsely assuming to be a revenue officer, etc., 5448. falsely assuming to be an officer, etc., acting under authority of United States. Act of Aj^ril 18, 1884, 23 >Stat. at L. 11. agent, attorney, etc., demanding, etc., illegal fees from pension- er ; or withholding pension or bounty-land warrant, (5485) Act of July 4, 1884, 23 Stat, at L. 101. {See Agent). embezzlement of ward's pension by guardian, 4783, 5486. withholding, pledging, or receiving as pledge, etc., pension cer- tificate. Act of Feb. 28, 1883, 22 Stat, at L. 432. pension agent taking fee from pensioner, 4784, 4785, 5487. disbursing officer depositing public moiiey, etc., 5488, 5493. treasurer, or otlier public depository failing to keej^ safely, etc., 5489-5493. conversion of public money by person charged with, etc., 5496. person not authorized, receiving public money on deposit, 5497. officer, etc , admitting goods to entry on payment of less than lawful fees, 5444. using, transferring, converting public money, 5497 ; Act of Feb. 3, 1879,' 20 Stat, at L. 280 ; 1 Sup. Rev. Stat. 406. {See Public Money). officer of United States acting as agent in prosecuting claims against U. S., 5498. judge of U. S. court accepting bribe, 5499. violation of duty by civil service commissioner, Act of Jan. 16, 1883, 22 AS'to;^!^a^X. 405. member of congress accepting bribe, 5501, 5502. contracting beyond appropriation for execution or repair of pub- lic buildings, etc., 5503. failing to deposit money belonging to registry of court, 5504. receiving from officer of court on loan or deposit moneys of reg- istry, 5505. embezzling, stealing, etc, public projierty, Act of March 3, 1875, 18 Stat, at L. 479 ; 1 Sujy. Rev. Stat. 483. embezzling, etc., by any officer of the U. S. or his assistants. Act of Feb. 3, 1879, 20 Stat, at L. 280 ; 1 SuiJ. Rev. Stat. 406. {See Embezzlement). employes of U. S. becoming interested in Indian contracts, 208 CRiiiixAL Procedure of OFFICIAL MISCONUCT—Co»;(Hi(ec?. Act of June 22, 1874, 18 Stat at L. 173 ; 176 ; 1 Sup. Rev. Stat. 67. consular officers exacting excessive fees, etc., 1716. embezzling public money, 1734. neglecting to perform duties ; malversation in office, 1786. making false certificate that property belongs to citizen of U. S., 1737. member of congress, etc., taking pay for procuring government contracts, etc., 1781. officer aiding in importation, etc., of obscene literature, 1785 ; Act of March 3, 1883, 22 Stat, at L. 489. district attorney or marshal accej'ting for compromise of inter- nal revenue violation, 3170. officer, etc., soliciting present for superior officer, receiving, etc., or making present to official superior, 1784. illegally holding office, 1787. trading in public funds or property by disbursing officer, etc., 1788, 1789. acting as agent of government in business with corporation or firm in wliich party is interested, 1783. making public contracts with member or delegate of congress, 3742. officer of War, Navy or Interior Department failing to make re- turn of public contracts, 3744. frauds by congressional printer, 3984. misconduct of public officers in relation to recording and register- ing vessels, 4187, 4188. officer of expired corporation uttering as money bills of corpora- tion, 5437. OIL OF VITRIOL, shipping contrary to law, 4288. 4476. OLEOMARGARINE, violations of act imposing tax on. Act of Aug. 2, 1886, 32 Int. Rev. Rec. 247. See Regulations of the ComW of Int. Rev.., 32 Int. Rev. Rec. 211. PASSENGERS, violating act regulating the carriage of by sea. Act of Aiig. 2, 1882, 22 Stat, at L. 186. J United States Courts. 209 PASSPORTS, violation of, etc., 4062. {See Foreign" Minister). issue, etc., of, by unauthorized person, 4078. falsely making, forging, etc., as true any false, 5423. PEDDLERS, of tobacco, snuff and cigars, refusing to exhibit special tax stamp, 3383. peddling tobacco in violation of law, 3384. PENSIONS, agents demanding, etc., from pensioner, fees, etc., for services, 4784, 4785, 5487. procuring the making or presentation of any false or fraudulent affidavit concerning claim for, 4746, 5421. {See Affidavits, Claims]. false personation of person entitled to, etc., 5435. endeavoring to obtain, etc., by means of forged j)ower of attor- ney, 5436. any agent or attorney or other person instrumental in prosecut- ing claim for, contracting for, demanding, receiving, or re- taining graacer compensation than provided by law for prose- ■ cuting claim, wrongfully withholding, etc., (5485). Act of July 4, 1884, Sec. 4, 23 Stat, at L. 101. {See Agents). retaining pension certificate, etc.. Act of Feb. 28, 1883, 22 Stat, at L. 432. conversion of pension of ward by guardian, 4783, 5486. pledging, receiving as a pledge, sale, assignment or transfer, any right, claim or interest in any pension or pension certifi- cate, Act of Feb. 28, 1883, 22 Stat, at L. 432. PEONAGE, holding, etc., or returning any person to condition of, 5526, 5532. obstructing execution of laws against, 5527, 5532. PERJURY. {See Naturalization). definition and punishment of, 5392. Act of June 14, 1878, Sec. 6, 20 Stat, at L. 113 ; 1 Sup. Rev. Stat. 350. U. S. vs. Thomas, 3 Cr. C. C. 293; U. S. vs. Neale 14 Fed. Rep'r, 767; 210 CKiMiNAii Procedure op FERJURY.— Continued. U. S. vs. Daer, 6 Fed. Rep'r, 42; IS Blatcli. 40.1; U. S. rs. Volz, UBlatch., 15; Ex parte Bridges, 2 Woods, 428;Kalpli u*-, U. S. 9 Fed. Rep'r, (593; U. S. vs. Smith, 1 Sawy. 277; Tlie Betsy, 2 Gall., 377; 385; U. S. vs. Curtis, 107 U. S. 671; U. S. vs. Ambrose, 108 U. S. 336; U. S. vs. Mckersou, 17 How. 204; U. S. vs. Conner, 3 McLean, 573; U. S. vs. Stanley, 6 McLean. 409; U. S. vs. Smith, 12 Int. Rev. Rec. 135; U. S, vs. Atkins, 1 Sprague, 558; U. S. vs. Moore, 7 Low., 2.32; U. S. vs. Shinn, 14 Fed. Rep'r, 447; U. S. vs. Lansberg, 15 Rep'r, 42; U. S. vs. Bowman, 2 Wash. 328; U. S. vs. McXeal, 1 Gall., 3S7 ; U. S. vs. Deming. 4 McLean. 3; U. S. vs. Babcock, 4 McLean, 113; U. S. vs McHenry, 6Blatch., .503; 10 Int. Rev. Rec, 42; U. S. vs. Chapman, 3 McLean, 390; U. S. vs. Morgan, Morris. 341; U. S. vs. Wilcox, 4 Blatch., 391; U.S. vs. Wood, 14 Pet., 430; U. S. vs. Moyor, Deady, 127; U. S. vs. Jones 14 Blatch., 90; U. S. vs. Madison, 21 Fed. Rep'r, 628; IT. S. vs. Landsberg, 23 Fed. Rep'r, 585; U. S. vs. Ambrose, 108 U. S. 336; U. S, vs. Curtis, 107 U. S. 671. subordination of, 5393. U. S. vs. Dennee, 3 Woods, 39: U. S. vs. Evans, 19 Fed. Rep'r. 912. indictment for, what to set forth, 5396, 5397. U. S. vs. Walsh, 22 Fed. Rep'r, 644. when committed before naval court-martial, 1023. by consular officers abroad concerning claims against U. S., 1750. on examination by customs officers, 2924. by internal revenue officer relative to fees, etc., 3158. in entering lands for homestead. Act of 3Iarch 3, 1877, Sec. 2, 19 Stat, at L. 404. PERMIT, under customs laws ; master proceeding without, 4350. falsely making, forging, altering, etc., 4375, 5423. PETROLEUM, shipping, contrary to law, 4476. PILOT, serving without license, 4438. failing to place certificate of license in conspicuous place, 4446. violating rules as to steamers passing, 4413. PIRACY, who accessory before tlie fact to, 5323. who after the fact, 5324. definition of, 5308. murder on high seas, deemed to be, 5372. U. S. vs. Palmer, 3 Wh. 610; U. S. vs. Klintock, 5 Wh. 144; U. S. vs. United States Courts. 211 PIRACY.— Continued. Furlong, 5 \Vh. 184; U. S. vs. Holmes, 5 Wh. 412; U. S. vs. Ross, 1 Gallis., 624; U. S. vs. Kessler, 1 Bald. 15; U. S. vs. Gilbert, 2 Sumn. 19; U. S. vs. Jones, 8 Wash., 209; U. S. vs. Howe, 3 Wash., 344; U. S. vs. Henry, 4 Wash. 428, (See Murder). making war against the U. S. on the sea or cruising, etc., con- trary to treaty, when deemed to be, 5374. The Bello Corrunes, 6 Wheat. 153. confining negro etc., on vessel with intent to make slave, deemed to be, 5375, landing from vessel and seizing negro, etc., declared to be, 5376 PIRATE, who deemed to be, 5369-5376, 5383, 5384, U. S. vs. Tully, 1 Gall., 247. PLATES. using, etc., for printing unlawfully, obligations, etc., of United States, 5430. PLEDGING. pension certificate, or receiving same as pledge, etc. (4745). Act of Feb. 28, 1883, Sec. 3, 22 Stat, at L. 432. PLUNDERING. money, goods, etc., from vessel in distress, or wrecked, etc., 5358. POISONING, on certain waters and causing death by, 5339. POLITICAL PURPOSES. officers, etc., giving to or receiving from other officers, money, etc., for, Act of August 15. 1876, Sec. 6, 19 Stat, at L. 143 ; 1 Sup. Rev. Stat. 245 ; Act of January 16, 1883, Sees. 14, 15, 22 Stat, at L. 407. POOR CONVICTS, how discharged when unable to pay fine, etc., 1042, 5296. POSSE COMMITATUS, using army as, in violation of law. Act of June 18, 1878, Seo. 15, 20 Stat at L. 163 ; ISup. Rev. Stat. 363. 212 Crimixal Proceduke of POSTAGE, using penalty envelopes to avoid payment of, on private matter. {See Envelopes). postal employe failing to account for, Act of March 3, 18795 Sec. 27 ; 20 Stat, at L. 354. receiving illegal, 3399. POSTAGE STAMPS, selling, or postal envelopes, for more than face value, 3920. postal employe removing from mail matter, 3922. failing to account for, or to affix and cancel, etc., for postage collected. Act of March 3, 1879, 20 Stat, at L. 355. attempting to re-use, 3923. removal, re-use, etc., of, by postal employe, 3921. removal by other persons, 3925. Act of March 3,1879, Sec. 28, 20 Stat at L. 355 ; 1 Sup. Rev. Stat., 458. neglect of postal employe to deposit, etc., postal revenues, 4053. embezzling, etc., any implement used in printing of, or of any paper or other material used in making of, 5453. forging, counterfeiting, etc., 5464. forging, uttering, etc., forged, of foreign governments, 5465. postal employe pledging, hypothecating, etc. Act of June 17, 1878, 20 Stat, at L. 140. r. S. vs. Williamson, 2G Fed. Rep'r, 690. POSTAL CARDS, unlawfully intercepting, etc., 3892. {See Intercepting). mailing, with indecent epithets on, 3893, {See Obscene). re-use, etc., by employe of postal service, 3924. re-use by other persons, 3925. Act of March 3, 1879, Sec. 28, 20 Stat, at L. 355 ; 1 Sujy. Rev. Stat. 438. POSTAL CLERKS, illegally carrying mail matter, 3981. POSTAL MONEY-ORDERS, (.SVe INIoxet-Orders). issuing of, by postmaster before receiving payment, 4030. POSTMASTERS, pledging, hypothecating, etc., postage stamps, etc. Act of June 17, 1878, 20 Stat, at L. 140 ; 1 Sup. Rev. Stat, 359. United States Courts. 213 POSTMASTERS. —Continued. dealing in lottery tickets, etc., 3851. unlawfully detaining letters. (jSee Detaining). making false returns to increase compensation. Act of June 17, 1878, 20 jStaL 140 ; 1 Sujy. Rev. Stat. 359 ; {See False Returns). making false certificate to bid for mail contract, 3947. issuing money-orders before receiving payment for, 4030. embezzling money-order funds, 4046. failing to account for postage, cancel stamps, etc. Act of March 3, 1879, Sec. 27, 20 Stat, at L. 355 ; 1 Sup. Rev. Stat. 458. POST-OFFICE DEPARTMENT, stealing, embezzling, etc., property of, 5475. counterfeiting mail-lock key, having lock or key of, or deliver- ing by manufacturer of mail-lock or key to unauthorized person, 5477. POST-OFFICE, forcibly breaking into, with intent to commit larceny, etc., 5478- using sign or name of, without authority, 3829. stealing the mail, or any letter or packet from, 5469. {See Letters). buying, receiving, etc., any valuable enclosure, stolen or em- bezzled from, etc., 5470. (^See Receiving) opening mail of newspapers at office to which not directed, by employe, etc., 5471, stealing mail of newspapers from, 5471. maliciously injuring receiving boxes of, 3869. POST ROUTES, private expresses, carrying letters on, 3982. PO"WER OP ATTORNEY, to receive payment of claim against U. S. null and void., 3477. post dating in pension case, 4746. falsely making, etc., with intent to obtain money from U. S. 5421. having in possession any false, with intent to defraud U. S. 5422. endeavoring by means of forged, to obtain, etc., any sum in 214 Criminal Pkocedure of POWER OF ATTORNEY. — ConiinMccZ. public stocks, annuity, pension, prize-money, wages, etc., due from United States, 5436. PRESENTS.— (See Gifts). PRISONERS. — {See Ckimixal Peockduee, same title.) PRIVATE EXPRESS, carrying letters by, 3982. carrying persons, acting as, etc., 3983. sending letters, etc., by, 3984. PRIZE, attempting to defraud U. S., or captor of, 5441. fals'e personation of person entitled to, etc., 5435. endeavoring to obtain shares and prize-money by forged power of attorney, 5436. PROCESS, unlawfully issuing, against foreign minister, 4064. (^See Foreign Minister). stealing, falsifying, etc., of any court of record, 5394. obstructing, etc., officer in executing, 5398. (^See Obstructing). PROOF, adding substances to distilled spirits, to create fictitious, 3252. PROPERTY OF UNITED STATES.— (See Post-Office Depaetmext). any person who shall embezzle, steal or purloin, deemed guilty of felony. Act of 3Iarch 3, 1875, 18 Stat, at L. 479 ; 1 Sup. Rev. Stat. 183. PROPOSALS. forging, etc., of, (^See Forgery). PROSTITUTION, importing women for purposes of. Act of 3Iarch 3, 1875, Sec. 3, 18 Stat, at L. 477 ; 1 Sup. Rev. Stat. 181. PUBLIC CONTRACTS, officers of the government contracting for erection or repair of United States Courts. 215 PUBLIC CONTRACTS— (C'o»;//h(m7.) public building, and for jiublic improvements beyond specific appropriations, 5503. PUBLIC DEBT, false personating holder of, in receiving money, etc., 5435. endeavoring to obtain sum in, etc., by forged power of attorney, 5436. PUBLIC DOCUMENTS, destroying, or carrying away, etc., of any court, or deposited in any public office, 5403. {See Embezzlement). carrying away, etc., of, by officer having custody, 5408. embezzling, purloining or stealing any. Act of March 3, 1885, 18 Stat, at L. 479. PUBLIC LANDS, cutting timber, breaking fences, driving cattle on. Act of 3Iarch 3, 1875, 18 Stat, at L. 481 ; 1 Sujj. Rev, Stat. 186. interrupting surveys of, 2412. PUBLIC MONEYS, in trial of indictment for embezzling, public transcripts made evidence, 887. embezzlement of any, furnished for military, etc., 5439. depositing, loaning, etc., of, unlawfully by disbursing olhcer, 5488, 5493. failure of treasurer, etc., to safely keep, 5489, 5493. loaning, etc., by person charged with safe-keeping, 5490-93. evidence of embezzlement of, 5494-5496. receiving, from disbursing officer, etc., on deposit, etc., by bank- ers not being authorized depository, etc., 5497. Act of Feb., 3, 1879, 20 Stat, at L. 280 ; 1 Sup. Rev. Stat. 406. PUBLIC PROPERTY,— (See Property of United States). PUNISHMENT, inflicting cruel or unusual, 5347. RAILROADS, transporting empty casks having uncancelled stamps, brands, marks, etc., 3324. (^See Stamps). 21G Criminal Pkocedure of RAILROADS.— (CoH//)H(e(7). carrying- persons acting as private express to convey letters or packets, 3983. RAPE, committing, on high seas, or in forts, arsenals, etc., 3345. REBELLION, inciting, engaging in, or giving aid and comfort to, 5334. conspiring to levy war, or destroy government by force, 5336- 5338. RECEIPTS.— (See Affidavits, Claims). using, etc., of false, in claim against United States, 3490. falsely making, etc., for purchase money of lands, 5420. with intent to obtain money from United States, 5421. having in possession any false, etc., with intent to defraud the Unked States, 5422. using, etc., false, to obtain approval, etc., of claims against the United States, 5438. officer, etc., requiring, for greater amount than paid, 5483. RECEIVER, of embezzled, purloined, or stolen property of United States. Act of March 3, 1875, Sec. 2, 18 Stat, at L. 479 ; 1 Sup. Rev. Stat. 183. of articles stolen or embezzled from the mail, 5470. of money belonging in registry of a court from clerk, 5505. of money, goods, etc., on high seas, etc., knowing same to have been stolen, 5357. receiving from disbursing ofiicer, etc., public money unlawfully, 5497. unlawfully receiving by president, cashier, teller, director, etc., public money from collector of internal revenue or disbursing officer, 5488, 5497. RECOGNIZANCES, acknowledging, procuring, etc., in courts of U. S. in name of another not privy or consenting, 5394. RECORD, feloniously stealing, altering, etc., of any court of United States, 5394. (See Public Documents). f United States Courts. 217 RECORB— {Continued). destroying, or carrying away, etc., of any court, or deposited in any public office, 5403, 5408. embezzling, stealing, etc., or knowingly receiving stolen. Act of llarch 3, 1875, 18 Stat, at L. 479 ; 1 Sap. Rev. Stat. 183. RECORDING OP VESSELS, falsely, by collector, etc., 4187. granting false certificate or record, etc., 4187. falsely altering, forging, etc., certificate of, 5423. RECRUITING —(See Neuteality). of soldiers or sailors within the United States, etc., 533T. RECTIFIERS.— (See Distilled Spirits). affixing imitation stamps, etc.. Act of Feb. 8, 1875, Sec. 17, 18 Stat, at L. -307 ; 1 Sup. Rev. Stat. 132. carrying on business without paying special tax, (3242). Act of Feb. 8, 1875, Sec. 16, 18 Stat, at L. 307 ; 1 Sup. Rev. Stat. 132. carrying on business without giving bond, Act of May 28, 1880, Sec8. 12, 13, 21 Stat, at L. 145 ; 1 Sup. Rev. Stat. 533.— Re- pealing Act of March 1, 1879, Sec. 8, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 438. definition of, 3244. neglecting to furnish facilities for examination of premises, 3277- failing to preserve books, or making false entries therein, etc., 3318. omitting things required and doing things forbidden, 3456. rectifying with intent to defraud the United States. Act of March 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 436. neglecting to put up signs or using false signs, 3279. purchasing greater quantities than twenty gallons from other than authorized distiller, etc., 3319 ; Act of March 1,1879, 20 Stat, at L.Z27; 1 Sup. Rev. Stat. 430. RED CEDAR TIMBER. cutting or destroying, etc., on land reserved by U. S. 2461., REGISTER. forging signature of, of court of United States, 5419. 218 Criminal Peoceduee of REGISTERING,— (.See Elections, Votixg) . using false or fraudulent certificate, etc., for purpose of voting, etc., 5426. Bt Coleman, 15 Blatch., 400. knowingly personating and registering in name of another, 5512. officer registering person not entitled to, etc., 5512-5513. obstructing, Lindering, etc., free attendance and presence at place of, 5522. refusing to answer, or knowingly giving false information dur- ing progress of verification of list of persons registered, 5523. U. S. vs. Davis, 6 Fed. Kep'r., 683. REGISTRY, failure of clerk of court to deposit with treasurer, etc., moneys belonging to, 5501. knowingly receiving from clerk of U. S. court, as dejjosit loan, etc., moneys belonging to, 5505. of vessel ; altering or uttering as true any false certificate of, 5423. RELANDING, goods entered for exportation with drawback, 3049. sj)irits which have been shipped for exportation, 3330. REMOVAL FROM OFFICE, contrary to law, 17T2. REMOVAL, of distilled spirits, unlawfuUy, 3296, 3327. REMOVAL OF GOODS, unlawfully from customs warehouse, 2986, 2987. REPRESENTATIVES IN CONGRESS, offenses concerning election of. — (^See Civil. Rights, Votestg). RESCUING, property, etc., seized by internal revenue officers, 3177, 5446. persons convicted of capital crime, while going to or during exe- cution, 5400. persons committed for crime before conviction, 5401. dead body of executed offender from marshal or surgeon, 5402. property seized by customs officer, etc., 5447. persons arrested under civil rights laws, 5516. United States Courts. 219 RESERVATIONS, unlawfully cutting timber on, of public lands of U. S., 5388. RESISTING, — (See Obstbucting). officers of customs in making seizures or searches, 5447. RETAIL DEALERS.— (See Special Tax). in liquors ; purchasing in quantities greater than twenty gal- lons of others than authorized distillers, rectifiers or whole- 'sale liquor dealers, 3319. Act of 3Iarch 1, 1879, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 430. neglecting to keep special tax stamp conspicuously posted, 3239. in tobacco, snuff or cigars, carrying on business without paying special tax, 3242. in leaf tobacco, 3242. Act of March 1, 1879, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 441 ; Act of March 3, 1883, 22 Stat, at L. 488. RETURNS. — (See False Ketuk>-s.) officer neglecting or refusing to make any return or report which he is required to make at stated times by law or regulations of Treasury Department, within time prescribed, 1780. persons making false, to collectors of internal revenue, 3179. REVENUE OFFICER.— (See Inteknal Revenue). falsely assuming to be, and in such character demanding, etc., money, etc., 5448. {See Extoetion). REVENUE STAMPS.— (See Stamps). REVOLT.— (See Mutiny). endeavor of crew to make, 5359. U. S. vs. Kelly, 11 Wh. 417; U. S. vs. Smith. 1 Mas. 147; U. S. vs. Hamilton, 1 Mas. 443; U. S. vs. Keefe, 3 Mas. 475; U, S. vs. Henuer, et al. 4 Mas. 10.j; U. S. vs. Savage, 5 Mas. 400; U. S. vs. Mathews, 2 Sumn., 470; U. S. vs. Cassidy, 2 Sumn , 582; U. S. ?5S. Rogers. 3 Sumn., 342; U. S. us. Kelly, 4 Wash., 528; U. S. vs. Staley, 1 Wood and M., 338; U. S. vs. Smith, 3 Wash-, 78; U, S. vs. Sharp, Pet. C. C. , 118; U. S. vs. Bladen, Pet. C. C, 213; U. S. vs. Haines, 5 Mas. 272; U. S. vs. Nye, 2 Curt. C. C. 225; U. -S. vs. Gardner, 5 Mason, 402; U. S. vs. Barker, 5 Mas. 404; U. S, vs. Borden, 1 Sprague, 374; U.S. vs. Morrison, 1 Sumn. 448; IT, S. vn. Ash- ton, 2 Sumn. 13; U. S. vs. Givings. 1 Sprague, 75; U. S. vs. Henry, 4 Wash. 428; U. S. vs. Thompson, 1 Sumn. 168; U.S. vs. Lawrence, 1 Cr. C. C. 94; U. S. vs. Seagrist, 4 Blatch. 420; U. S. vs. Lynch, 2 N. Y. Leg. 220 Criminal Proceduee of HBVOIjT— (Continued). Obs. 51; U. S. vs. Eoberts, 2 N. Y. Leg. Obs. 99; U. S. vs. Huff, 13 Fed. Eep'r, 630; U. S. ivs. Leonard, 2 Fed. Rep'r, 609; 18 Blatch. 187; U. S. vs. Brown, 3 Sawy. 602 ; U. S. vs. Doughty, 1 Quart. L. J. 69. certain acts which constitute, 5360. RIVERS AND HARBORS, offenses committed on, and on other waters within the exclusive jurisdiction of the United States, 5339-5391. ROBBERY, — (See Accessories, Piracy). on liigh seas, etc. ; accessory before the fact to, 5323. accessory after the fact to, 5324. deemed piracy, 5370. landing from vessel and committing on shore, deemed piracy, 5371. committing, on high seas, etc., deemed piracy, 5372. under color of commission from foreign state, deemed piracy, 0( O. of personal property of United States, 5456. of mail from carrier, etc., 5472. attempting to commit, by assaulting, etc., mail carrier, etc., 5473. ROUTE AGENTS, illegally carrying mail matter, 3981. RUNNING ATWAY, . with vessel, feloniously, 5383. SAILORS. (See Merchant Seamex). recruiting, in United States to serve against U. S., 5337. serving against U. S. when enlisted in United States, 5338. SAFE CONDUCT, violation of, 4062. SEA LETTERS, making or using forged, 4191, 5423. SEALS.— (-See Alaska). affixing unauthorized, under customs laws, 3105. counterfeiting, of U. S. court, 5419. breaking or injury of distillery, 3268. United States Coukts. 221 SEAMEN.— (-See Merchant Seamen), offenses by, 4596-4612. SEARCHES, refusino; to allow officers of customs to make, 3062. refusing to assist customs officers to make, 3071. warrant for, under customs laws, 3066. for counterfeit trade marks, etc., (see Trade Maeks.) warrants for, may issue to internal revenue officer, when, 3462. for spirituous liquors, intended for Indian country, 2140. SECRETING.— (See Smuggling). dutiable articles in baggage of passengers, 2802. letters, by persons in postal service, 3891. (See Letters). deserting seamen, 4601. (See Deserters). SEDUCTION, of female passenger, during voyage, by person employed on vessel, 5349-5351. SETTING FIRE.— (See Arson). to vessel by any person not owner, with intent to destroy, 5267. SHEATH KNIVES, wearing, on shipboard in merchant service, 4608. SHIPPING COMMISSIONER, illegally acting as, 4504. SHIPPING FEES, illegally exacting, 4609. SHIPWRECK, holding out false lights, etc., with intent to produce, 5358. U. S. vs. Coombs, 12 Pet. 72; U. S. vs. Kessler, Bald. 15. SHOOTING.— (See Murder). causing death by, in places within exclusive jurisdiction of United States, 5339. 222 Ckiminal Procedure of SHOOTING.— (Continued.) wilfully killing by, without malice, manslaughter, 5341. U. S. vs. Imbert, 4 Wash. 702. SIGNS, distillers, rectifiers or wholesale liquor dealers, neglecting or re- fusing to conspicuously place, 3279. tobacco manufacturer neglecting to put up, 3356. cigar manufacturer neglecting to place, etc., 3388. SLAVE TRADE, offenses relating to, 5375-5382, 5524, 5525s 5526, 5551-5552, Act of June 23, 1874, 18 Stat, at L. 251 ; 1 Sup. Rev. Stat. 103. SMUGGLING, bringing goods into the countr}^ in vehicles, etc., with intent, etc., 3062. goods, etc., subject to duty, with intent to defraud United States, 2865. U. S. vs. Smith, 2 Blatch., 127; U. S. vs. Xolton, 5 Blatch., 427. unlading, etc., except in daytime, goods, etc., on Northern frontier, 3120. acts of, by seamen, whereby loss or damage is occasioned master, 4596. effecting entry of goods for less than weight, etc., 5445. concealing dutiable articles in baggage of passengers, 2802. The Robert Edwards, 6 Wh. 187. fraudulently, etc., importing goods contrary to law, concealing, buying, etc., 3082. U. S. vs. 67 Packages, 17 How., 85; Stockwell vs. U. S. 13 Wall.,,531; U. S. vs. Farns worth, 1 Mas. 1; U. S. vs. Cook, 1 Sprague, 213; U. S. vs. Clafflip, 13 Blatch. 178. receiving or depositing on boundary line, goods subject to duty, 3107, 3108. SNUFF.— (.See Tobacco). manufacturing, without paying special tax, 3442. manufacturer of, failing to obtain and post certificate, etc., 3355. failing to give bond, 3355. United States Coukts. 223 SNUFF— (Continued. omitting to put up sign, 3356. purchasing, when not stamped, 3366. buying, from a manufacturer who has not paid special tax, 3367, internal revenue officer becoming interested in manufacture of, 3168. peddling, without having given bond, obtaining collector's cer- tificate, selling otherwise than in full packages, etc. ; having in possession stamp removed from package of, or peddling without having proper stamp affixed to wagon, 3384. selling, without proper stamps, 3374. affixing false stamp, or stamps before used, to packages of, 3375. SOLDIERS, recruiting of, in United »States to serve against U. S., 5337. enlisted to serve against the United States, 5338. enticing to desert, harboring deserting, 5455. SPECIAL TAX, Note. — Payment of the special tax to the United States does not give power to carry on the business in viohxtion of State laws. McGuire vs. Commonwealth, 3 Wall., 387; License Tax Cases, 5 Wall. 402. carrying on the business of a rectifier, wholesale liquor dealer, retal liquor dealer, wholesale dealer in malt liquors, or manufacturer of stills, without having paid, (3242). Act of Feb. 8, 1877, Sec. 16, 18 StaL at L. 307 ; 1 Sup. Rev. Stat. 132. U. S. U.S. Wittig, 22 Int. Rev. Eec, 98; U. S. vs. Woods, 24 Int. Rev. Rec, 150; U. S. vs. Roliger, 28 Int. Rev. Rec. 314; U. S. vs. Angell, 11 Fed. Rep'r, 34; U. S. vs. Logan, 12 Int. Rev. Rec. 14G; U. S. vs. Pressy, 1 Low., 31!); U. S. vs. Chappel, 16 L. Rep'r, N. S. 22; U. S. vs. Stafford, 20 Fed. Rep'r, 720: U. S. vs. Page, 2 Sawy. 353; 17 Int. Rev. Rec. 158; U. S. vs. Shriver, 31 Int. Rev. Rec. 54; 23 Fed. Rep'r, 134; U. S. vs. Cline, 26 Fed. Rep'r, 510; 20 Fed. Rep'r, 515; U. S. vs. Howell, 20 Fed. Rep'r, 718; U. S. vs. Jackson, 1 Hughes, 531 ; U. S. vs. Cota, 17 Fed, Rep'r, 734. — (Bitters). For construction given the statute by the Commissioner of Int. liev. see 31 Int. Bev. Eec. 141; see also U. S. vs. James, 30 Int. Rev. Reo. 29; U. S. vs. Howell, 30 Int. Rev. Rec. 240; U. S. vs. Stafford, Idem, 247. carrying on the Ijusiness of a manufacturer of tobacco, snuff, or cigars, dealer in manufactared tobacco, dealer in leaf tobacco, or retail dealer in leaf tobacco without having paid, (3242). Act of March 3, 1883, Sees. 2, 3, 22, Stat, at L. 488. U. S. vs. Veazie, Fed. Rep'r, 867; U. S. vs. Vinson, 8 Fed. Rep'r., 507; 27 Int. Rev. Rec. 163; U. S. vs. Strickland, 25 Fed. Rep'r, 469.— 6'ee Faioi- ERs;. 224 Criminal Pkocedure of SPECIAL TAX.— {Continued). carrying on business of brewer \vitliout paying, 3242. brewers not required to pay special tax, as wholesale or retail dealer in malt liquors, for selling anywhere in original stamped ^^ackages. Aet of 3Iarch 1, 18T9, 20 S'tat. at L. 327 ; 1 Sup. Rev. Stat. 430. not required of vintners who sell wine of their own growth, or manufacturers who sell wine produced from grapes grown by others, at place where same is made, etc ; or of apothecaries as to wines or spirituous liquors which they use exclusively in the JO reparation or making up of medicines. Act of 3Iarch 1, 1879, Sec. 5, 20 Stat, at L. ^27 ; 1 Sup. Rev. Stat. 431. not required of distiller for manufacturing wooden stills for his own use. Act of 3Iay 28, 1880, Sec. 18, 21 Stat, at L. 145 ; 1 Sup). Rev. Stat. 534. farmers not liable as dealers in leaf tobacco unless the}' sell at retail. Act of 3Iarch 1, 1879, See. 14, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 441. farmers may sell at the place of production tobacco of their own growth at retail to consumers, to an amount not exceeding one hundred dollars annually. Act of 3Iarch, 3, 1883, 22 Stat, at L. 488. farmers may furnish hands with manufactured tobacco as ra- tions,to amount of one hundred pounds annually without pay- ing, Act of 31arch 3, 1883, Sec. 3, 22 Stat, at L. 488. not required on sales of spirits, etc., by fiduciary, officers of court, retiring partners, etc. ; nor wholesale tax on sale of entire stock by retail dealer, Act of 3Iarch 1, 1879, See. 17, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 430- definition of persons carrying on business requiring payment of special tax. Act of 3Iarch 1 1879, Sec. 4, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 430. carrying on business of manufacturer of, or wholesale or retail dealer in oleomargarine without paying, Act of Aug. 2, 1886, Sec. 4. 32 Int. Rev. Rec. 247 : See regulations of the ComW of Int. Rev. concerning., 32 Int. Rev. Rec. 277. STABBING,— (See Mltrdee. causing death by, with malice in places, etc., wdthin the exclu- sive jurisdiction of the United States, 5339. without malice, 5341. United States Courts 225 STAGE COACHES —(See Mail). falsely painting, etc., " United States Mail," etc., on, 3979. carrying on, persons acting as private letter express, 3983. letters otherwise than in mail, 3985, 3986. obstructing, carrying mail, 3995. STAMPS.— (See Postage Stamps). internal re venae ; collector, etc., issuing, before payment there- for. Act of 3Iarch 1, 1879, 20 Stat, at L. 327, 1 Sup. Rev. 423. embezzling implements, jiaper, etc., for making ; selling or use- ing false, or dies, etc., 5453, (3346) Act of Marcli 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Suj). Rev. Stat. 437. forging, counterfeiting, etc., or fraudulently using or selling, 3429. omitting, etc., to stamp checks, etc., See Act of Marcli 3, 1883, 22 Stat, at L. 488, repealing stamp tax on bank checks, etc., imposed by Schedule A, following section, 3437i?e?'. Stat. removing, buying, selling, using, etc., removed stamps, giving away or having in possession any, etc., removed from pack- ages of fermented liquor. Act of Marcli 1, 1879. Sec. 5, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 437. failing to efface, on packages of imported liquors emptied. Act of May 28, 1880, Sec. 12, 21 Stat. atL. 145 ; 1 Sup. Rev. Stat. 532. having in possession any washed, restored or altered, which have been removed from any paper, instrument or writing ; or fraudulently cutting or removing, or using stamps so removed ; or counterfeiting, etc., such stamps. (3429) Act of 3Iarch 1, 1879, Sec 17. 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 447. removing cigars from manufactory without proper, 3397. imported cigars without, etc., 3402. packing cigars in boxes bearing false, etc., 3397. IT. S. vs. Jacoby 12, Blatch., 491. removing or causing to be removed from any box stamp denot- ing tax an cigars ; or buying, selling or having stamp so re- moved, 3397. purchasing cigars not stamped, 3404. failing to destroy, on empty cigar boxes, 3406. fraudulently disposing of, etc., empty stamped cigar boxes, 3406, failure to keep special tax stamp conspicuously posted, 3239. 226 Ckimixal Procedure of STA.MP3.—{Co}di lined.) selling or removing articles for sale requiring, etc., without af- fixing, 3430, 3431, 3432, 3435. omitting to cancel or fraudulently using proprietary, 3423. officer using, issuing, or permitting use of illegally, of, tax paid stamps, 331G. storekeeper, etc., removing, etc., package without tax paid stamp, 3300. failing to efface, on empty casks of distilled spirits, 3324. U. S. vs. Adler, lo Am. L. Reg. 45; 21 Int. Rev. Rec. 316; 1.3 Opin. Atty. Geiil. 574; U. y. vs. Buchanon, 4 Hughes, 4S7. {See Casks). transporting empty stamped sj)irit casks ; removing or having in possession cancelled, 3324. U. S. r.s. Goodrich Transportatien Co. S Biss. 224. buying or selling spirit casks with, etc., on, 3325. changing, shifting spirits, etc., 3326. affixing imitation, on packages of distilled spirits. Act of Feb. 8 1875, Sec. 17, 18 Stat, at L. 307 ; 1 Sup. Rev. Stat. 132. on fermented liquors ; removing or defacing except by owner, 3353. removing, etc., using, having, etc., (8346). J.(?i of March 1,1879, Sec. 5, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 437. bottling fermented liquor from unstamped packages, 3354. on tobacco and snnff; removing, selling, etc., without, 3372, OCX 4. affixing false, etc., or stamp used before, 33V5, 3376. purchasing tobacco or snuff without, 3366. neglecting to destroy, on empty packages ; or buying, giving away, etc., empty stamped packages, using, or having same in possession, 3376. U. S. vs. Loup, 1 Fed. Rep'r. 090. {See Tobacco). selling tobacco or snuff otherwise than in, or from stamped pack- ages, 3363. {See Tobacco). failing to cancel, etc., on empty imported liquor package. Act of 3Iarch 1, 1879, Sec. 12, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 439. Com'r of Int. Ilev. may authorize restamping packages, etc. Id. Sec. 5. STAVING, throwing overboard, etc., property to prevent seizure. 5447. United States Courts. 227 STEALING. — (See Embezzleme>^t). on high seas, or in places under exclusive jurisdiction of United States, 5356. from vessel in distress, or wrecked, etc., 5358. record, Avrit, process, etc., of court, 5394. of public property, etc., intended for military service, 5439. from letter by postal employe, 5467, 5468. Jones vs. U. S. 27 Fed. Rep'r, 447. — (.See Letters). the mail, or any letter, or packet from the mail, post-office, etc., 5469. U. S. vs. Falkenhainer, 21 Fed. Rep'r, 624. — (Stat. at L. 327 ; 1 Sup. Rev. Stat. 444. peddling, without having given bond, or without collector's certificate, or otherwise than in original and full packages, or having in possession removed stamp, or failing to have sign affixed to wagon, 3343. farmers and j)roducers may sell at place of production, of their own growth at retail directly to consumers, to amount not exceeding $100, annually ; and farmer, planter or lumberman may furnish manufactured to hands, to amount of one hundred pounds annually, without paying special tax. Act of 3Iarch 3, 1883, Sees. % 3, 22 Stat, at L. 488. TRADE MARKS, dealing in goods in similitude of trade mark goods with intent to defraud. Act of Aug. 14, 1876, 19 Stat, at L. 141. fraudulently affixing on imitation goods. Idem., Sec, 2. making, etc., trade mark dies with intent to defraud. Idem., Sec. 4. forging, counterfeiting, etc.. Idem, Sec. 5. dealing in empty packages bearing trade marks, etc.. Idem, Sec. 6. search warrants to issue for counterfeit plates of, etc., Idem, Sec. 1. aiding and abetting offenses relating to, Idem, Sec. 8. TRADING, without license in States declared to be in insurrection, 5306. in public funds or property by disbursing officer, 1788. in by officers concerned in collection of the revenues, 1789. by certain officers of the Treasury Department, 243. by customs officers, owning vessels or engaging in commerce, 2638. with Indians without license, 2133. in prohibited articles, 2131. . selling arms to hostile Indians, 2136. with Indians by persons employed in Indian affairs, 2078. TRANSPORTATION, of merchandise in bond ; breaking car, vehicle, etc., 2998. failing to transjjort goods withdrawn from customs warehouse, 3001. 232 Criminal Peoceduke of TRANSPORT ATI C N—CouiimtecZ. of diseased live stock from one State to another ; or from a Ter- ritory, etc. Act of May 29, 1884, Sec. 6, 23, Stat, at L. 32. of explosive substances on passenger conveyances, 5353, 5354, 5355, 4476. of subjects of China or Japan, etc., without free consent. Act of March 3, 1875, 18 ^tat. at L. 477 ; 1 Sup. Rev. Stat. 181. TREASON, constitutional definition of and provisions respecting. Constitu- tion of United States., Art. 3, See. 3, CI. 12. statute definition of, 5331. U. S. vs. Mitchell, 2 Dall. 348 ; Carlisle vs. U. S., 16 Wall. 147; U. S. vs. Burr, 4 Crauch, 469; Ex. parte Bollman, 4 Cranch, 75. president and vice-president removable from office for. Constitu- tion of United States, Art. 2, Sec. 4, CI. 1. members of Congress guilty of, not privileged from arrest. Con- stitution, Art. 1 Sec. 6, CI. 1. punishment of, 5332. misprision of, 5333. inciting, or engaging in rebellion or insurrection, 5334. criminal correspondence with foreign governments, 5335. conspiracy to levy war, etc., against the government, 5336, 5338. recruiting soldiers or sailors to serve against the United States, » 5337. enlistment to serve against the United States, 5338. TREASURY DEPARTMENT, officers and clerks of, engaging in business contrary to law, 243, 244. TREASURY NOTES.— (See Countekfeiting). imitating or printing business cards on, 3708. having in possession without proper authority, any obligation printed in similitude of, printing, photographing, etc., any en- graving, photograph, etc., in the likeness of, or of any part of, etc., selling, etc., without proper authority, 5430. TREATIES, making war, or cruising, etc., contrary to provisions of, 5374. Edge vs. Robertson, 112 U. S., 580. attempting to negotiate, with Indians except for U. S., 2116. United States Courts. 233 TRESPASS, by Indians on lands of civilized Indians, 2120, 2121. TURPENTINE, shipping, contraiy to law, 4476. UNITED STATES NOTES.— (.See Tkeasuky Notes). UNLAIDING, without permit, etc., 2867, 2868, 2873. UNSEAWORTHY VESSELS, masters of, refusing to pay wages of seamen and charges of in spection, 4563. VENTILATORS, failing to provide, on certain vessels carrying passengers between Europe and United States, 4257, 4259. VESSELS.— (See Steaai Vessels). feloniously running away with, 5383, 5884. misconduct of officers in relation to recording and registry of 4187, 4188. VINEGAR, using spirits not tax-paid in manufacture of, (3282). Act of March 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 432. removing, or other fluid material containing more than two per centum of proof spirits. Idem. VINTNERS, not liable to special tax when, 3242, 3246, Act of 3Iarch 1, 1879, Sec. 5, 20, Stat, at L. 327 ; 1 Sup. Rev. Stat. 431. VOTING.— (See Civil Rights.) more than once, etc., 5511, 5514. U. S. vs. Seaman, 23 Fed. Rep'r, 882. preventing citizen from, 5506, 5511. officers of election violating duty, 5515. U. S. vs. Jackson, 25 Fed. Rep'r, 548. 234 Criminal Pkocedube or VOUCHERS.— (See Affidavits.) using- false, for purpose of obtaining, etc., payment of false, fic- tictous or fraudulent claim against the United States, 5438. {See Claims). officers, etc., paying employe less sum than provided by law, and requiring voucher, etc., for amount greater than actually paid, 6483. falsely making, altering, etc., for the purpose of receiving or en- abling another to receive from the United States any sum of money, 5421, 5422. {See Affidavits, Accounts, Claims). presenting at any pension agency any, etc., required as a voucher in drawing pensions bearing a date subsequent to that on which it was actually signed or executed, 4746. WAREHOUSE, removing distilled spirits from, contrary to law, 3296, 3300. removing for exportation and fraudulently claiming drawback, 3330. violating provisions relating to bonded, for fruit brandy. Act of March 3, 3877, 19 Stat, at L. 392 ; 1 Sup. Rev. Stat. 295. altering, etc., marks on warehoused merchandise, 2985. fraudulently opening of, by proprietor of warehoused merchan- dise, etc., 2987. WARRANTS.— (See Criminal Pkocedube.) WEIGHERS, extortion by, etc., 2637. WEIGHTS AND MEASURES, using false, in ascertaining quantity of grain, etc., used for dis- tillation, 3306. fraudulently defacing, increasing or diminishing, at mints or assay offices, 5460. WHOLESALE LIQUOR DEALERS. — (See Distilled SpiErrs, Special Tax). failing to keep books, make entries, transcripts, etc., 3318. WINE, vintners not liable as retail liquor dealers when, etc., 3246. Act of March, 1, 1879, Sec. 5, 20 Stat, at L. 327 ; 1 Sup. Rev. Stat. 431. United States Courts. 235 WITHHOLDING.— (See Agents.) pledging or receiving as pledge, pension certificate, (4745). Act of Feb. 28, 1883, See. 2, 22 >Stat at L. 432. pension from pensioner, etc. (5485). Act of July 4, 1884, Sec. 4, 23 Stat, at L. 101. Parol evidence of being a pensioner, not admiss ble. U. S. vs. Scott, 25 Fed. Eep'r, 470. What constitutes "withholding" •within the meaning of the statute. See U. S. vs. Irvine, 98 U. S. 450. WITNESSES, " refusing to testify in Congressional investigations, 102. in contested elections, 116. under letters rogatory, 4073. conspiring to injure in violation of civil rights law, 1980. corruptly, etc., endeavoring to influence, in U. S. court, 5399. conspiracy to deter, etc., from attending court, etc., or to injure for having attended and testified, 5406. WORKMEN, in arsenal or armory, enticing away, 1668. destruction of tools or breach of contract by, in arsenal, etc., 1669. WOUNDING, with malice, in places or waters within the exclusive jurisdiction of the United States, 5339. without malice, etc., 5341. WRECKS, stealing, etc., effects belonging to, obstructing escape of persons belonging to, or holding out false lights, etc., 5358. {See False Lights, Plundering). WRITS, stealing, altering, etc., of, whereby judgment is effected, etc., 5394. TABLE OF CASES CITED. PAGE Adams v. Woods . . . ^ . . . • 18, 20 Ah Lee, fie ' 69 Alerta.The 204 Alfred,The 204 Alexander, In re • . 29 Ames V. Kansas 2 Anonymous 26 Bagnall v. Ableman 23, 27 Baker, In re 68 Baldwin, In re . 170, 173 Barlow v. United States 194 Barrels, Sixteen . 190 Barry, Ex parte 67 Bartmeyer v. Iowa 54, 55 Bates V. United States 163, 205 Bello Cornines. The 211 Benchly v. Gilbert , , . 13 Bennett, Ex parte 29, 71 Bennett v. Bennett . . . . . . 67 Bernheiraer v. United States 174 Betsey, The 210 Blackham i'. Gresham . . . . * 196 Bogart, In re 60 Bo\\n\2i\\, Ex ixirte 4,61.67,232 Bowerbank v. Morris 37 Brand v. United States 9, 176, 191 Bridges, Ex parte 72, 210 Brig, The v. Mathews 203 British Prisoners, The 76 Brown r. The Maiden 203 Brown ■». United States . . . 3, 69 Buell, Ex parte 27, 61 Bniovd, Ex i)arte 26 Bull, In re 68, 09 Burchiel v. United States 174 Burr's Trial 24, 31. 44, 48 Bush V. Kentucky . 11 238 Table of Cases Cited. PAGE. Byers v. Fowler ... ' . . . 37 Byron, lie .............. 72 Cabrera, Ex parte 68, 69, 176, 188 Callieot, In re 71 Can(lace,The 200 Carlisle v. United States 232 Carpenter et al. v. Pennsylvania 83 Case of Jose Ferreiados fcjantos .......... 76 Catawantick, The Schooner 203 Cityof Mexico, The 204 Civil Kights Cases .55, 170 Clark, Ex jnirte 68, 69 Clark, Lire 27, 28 Clark and Fulton's Case 167 Clawson v. United States . 52, 166 Cloutnian v. Tunison 202 Cohens v. Virginia 3 Coleman, 7?e .218 Coleman v. Tennessee 69 Commonwealth y. Artman 11 Commonwealth v. Casey 13 Corfield v. Coryell . .3 Commonwealth r. Ketner 3, 181 Cook V. Moffat 1 Confiscation Cases 201 Crittenden, Re -37 Cummings v. Missouri 83 Cushing V. Laird 37 Crow Dog, Ex parte 5 Davidson v. Lavier • . 3-4 Davis, Ex parte 70, 72 Dayton v. Lash 73 Dennison ». Stewart . . . . . . . . ■ . . • 1 DesEochers, Ex parte 67, 70 Dillingham v. United States 28 Distilled Spirits, The 193 Dock Bridge, Ex jyarte 3 Dodge V. Woolsey .... • . •■ 1 Doig, In re 27, 199 DoW, Ex parte 41 Donnell v. United States 57 Doolittle V. Bryan 37 Doo Woon 69 Dorr, ExjKirte 68 Eagle, Re 69 Edge ti. Robertson 232 Elerbe, Lire 172 Emily, The 204 Estrella, The 2, 204 Fackler v. Ford 195 Farmers' etc., Bank v. Dearing 203 Farrand, In re 68 Table of Cases Cited. 239 PAG E. Farrens, Lire 70 Farez, In re 71, 75 Findley v. Satterfield . 13 Fletcher v. Peck , . " 83 Fonda, Ex parte 69, 73 Foster v. Kansas 54 Fowler, In re . . , 72 Fowler v. Llndsey 3 Freinan v. Baker 203 Frie's Case • 172 Garland, Ex parte 83 Geissler, Ex parte . 27, 69, 71, 176 Georgia v. O' Grady . 13, 51 Giacomo, lure 76 Gordon, Ex parte 7 Gorgas, The E. W ' 36, 37 Graham, Re 44 Gran Tara, The = 204 Greathouse. In re 67 Green v. Biddle 26 Hamilton, hire 71 Harrison, 7?i re ............. 70 Harrison v. Hadley 170 Hatch V. The Boston 20 Hanenstein c. Lynham 1 Hayne, Ex parte 70 Heilbron In re . . . 72, 76 Henfield's Case 2, 4 Heinrick, In re 72, 75 Hercules, The 202 Hibbs, Ex parte 56, 76, 189, 202 Holcomb, Ex parte 205 Homes v. Jennison . . . " 80 Hopt c. Utah 83 Holye, Lire 69, 70 Houghton, Ex parte 2, 3 Humphrey. Ex parte 41, 173 Hurtado v. People 54 Hung Hang, Ex parte „ .... 69 Hyman v. Charles 37 I. G. Company v. Dill 27 Jackson. Ex parte , • . . ' . . 35, 65, 191 James, In re 27 Jenkens, Ex parte 68, 69 Johnson v. United States 18, 58, 71 John Martin. The . " 203 Jones's Cases 1~4 Joyce, Ex parte 1^3 Judson, Ex parte *^ Kalne, Ex parte 23, 67, 68, 71 Kaine Lire 30, 69, <6 Karstendick, Ex parte ■ 85 240 Table of Cases Cited. PAGE. Kearney, Ex parte 71 Keeler, hire 70 Kelly, In re 76 Kelly V. United States . . . 54, 62 Kentucky i\ Dennison 3, 80 Ketland v. Tlie Cassius . 4 Kie V. United States. . . • 5, 46 Kinney, J?.c parte . . • 70 Klinger v. Missouri .... • 83 Knox V. Summers 38 Kring v. Missouri 83 Kurtz V. Moffit 27 Lane, Exixirte 75 Landsberg, In re 20 Lange, E'.c parte 07,72,173,193 Leary, In re • ... 71 Lee Tong, Re 69 Levy Court v. Einggold 22 Le Grand v. United States • . . . 169 Lewis, Re 44 License Cases * . . . . 54, 223 Lindsey v. United States 174 Locke ?,\ New Orleans 83 Lockhart v. Horn 21 Long V. Palmer 84 Luther v. Borden 26 Macdonnell Re 24 Mackin & Gallagher v. United States 9, 53 Magee v. The Moss 203 Marlnu'y v. Madison . 3 Martin, In re 28, 29, 71 Martin v. Hunter 3 Mary N. Hogan, The 204 McCann, Ex ixtrte 68 McCready, Ex parte 69 McCuliough V. Maryland . • 1 McDonnell, In re ....'.. 72 McDonald In re 67 McFarland v. Gwin 37 McGlincliy v. United States 19, 20 McKay v. Campbell 55 McKean, Ex parte 67, 69 McGuire v. Commonwealth 8, 223 McXutt V. Bland 84 Mead «. Deputy Marshal 67 ]Srerchants' Bank v. State Bank , 203 Merrimack, The Bark 203 Meteor, The • 204 '^liVonvn, Ex parte 31,70.72 Miles V. United States 166 Milligan, Ex parte 7, 20, 60, 67 Table of Cases Cited. 241 PAGE. Mississippi v. Johnson 3 Monte Allegre, Tlie 204 Moore v. Illiuois ,3 Morgan, Ex i^arte 69 Neal V. Delaware 11, 54, 55 Neil, hire 68 New Orleans v. Steamship Co. 7 Ogden V. Maxwell 183 Osborn w. Bank of U. S 3 Osceola, The Brig 203 Overton v. Gorham 37 Palmer v. United States 58 Paris, Ex parte 96 Parks, Ex parte 71 Parsons v. Hunter 18 Peck, Ex parte ......•.- .41 People V. Fonda 3, 181, 203 People V. Murray ..... ....... 11 People's Bank v. National Bank 203 Perkins v. United States . . . • 20 Pervear v. Commonwealth 30, 83 Phffibe, The Schooner v. Dignum 203 Phoebe Ann, The 204 Railroad Company v. Blair 73 Ealph V. United States 164, 210 Ramsey v. Jailer, etc 69 Randolph, SBiJrtrfe 67, 72 Randolph v. Donalson 35, 84 Rankin v. State 8 Ray V. Knowlton 95 Raymond v. United States 20 Reardon, Ex parte 67 Reynolds v. United States 5, 51, 60, 1G5 Reese v. United States 30, 31 Reggel, Ex parte 80 Riggs V. Supervisors 22, 41 Robb V. Connolly SO Robert Edwards, The 172 Roberts v. Reilly 76 Robinson, Ex parte 41, 08, 69, 194 Piussell V. Ashley 36 Sadler v. Hoover . . . . . . ' 7 Sanderson's Case ............. 44 Santa Maria, The 204 Santissima Trinidad, The 204 Schmied, Ex parte 67 Schwabacker v. Reilly 36 Scott V. Allen 30 Scott V. Rose 203 Seavy v . Seymour • . • 70, 73 Shaffenburg Ex parte 71, 164, 171 2-i2 Table of Cases Cited. PAGE. Sharon v. Hill 6, 173 Siebold,£'x parte 67,71,72 Sifford, Ex parte 69 Slaughter-house Cases 55 Sloan, Ez parte 5, 6 Smith, Ex parte 67 Smith V. Maryland 26 Smythe v. Banks 44 Snow, In re 67 Solomon v. United States 174 Somerville i\ French . , 36 Sprout, Ex parte . 29 Spafford v. Goodell 37 State V. Post 13 State V. Bolton 13 State V. Hoskins 13 State V. Fletcher 13 State V. Parish 54 State V. Walruff et al 54 State V. Perry 80 Stewart v. Hamilton 37 Stockton Laundry Case 68 Stockwell V. United States 222 Stone V. Mississippi , 54 Strouder v. West Virginia 11, 54 Stupp, Inre . 67, 72, 76 Tatum, Ex parte 69 Taylor, i?e . . 69 Taylor r. United States 38 Taylor v. Tainter 80 Tennessee v. Davis 13 Teuscher, Exj>arte 35, 65 Texas r. Gaimes 11 Thomas, hire 76 Thompson, Ex parte 69 Tie Loy, In re 68 Titus, Ex parte 69 Tong, Ex parte . 7 Touchman, Ex parte 69 Turner, Ex parte ' . . 69 Turner, In re 67 Twitchell v. Commonwealth . . 26, 60 United States, Ex parte 23 United States v. Adams 3, 196 Alberte 2, 4, 61 Adler 168, 190, 226 Allen 185, 203 Ambrose 7, 46, 164, 171, 210 Amy 3 Anderson 53, 57, 67 Andrews 54 Table of Cases Cited. 243 PAGE. United States v. Angell 223 Arwo * 61, 165 Ashtou ..... 219 Atkins 210 Avery 7 Babcock • . , . 55, 173, 210 Backus r Bader 171 Eaer 210 Bailey 7, 164 Baker ... • 61, 202 Ballard 18 Bank 37 Barefield 40, 42 Barger 31 Barker '.•.... 219 Barney 2, 4 Barrels, 35 193 Barrels, 100 190, 194 Barrels, 200 194 Barry 173, 198 Bartow 181, 203 Batclielder • ... 54, 205 Bates • . . 163 Baugh ^ . . • . . . . 53 Bayard 168 Beaty 66 Bedford Bridge • . 3 Benecke 164 Benjandio 172, 201 Benner 176, 188 Bennett 62, 162, 175, 182, 191, 205 Berry 5 Bevans 4, 61, 202 Bickford 44, 55, 61, 164 Bird 4, 61 Biltenger. . • 171 Blackbiirn 173 Blackman 178 Bladen 219 Blaisdell 57, 180, 194 Block " 53 Bloomgart 28 Blunt 18 Bollman 28, 70 Borden 219 Bott 163,205 Bowman 58, 210 Boyden et al 1*73 Beyer l''^5 Bramham 178, 196 244 Table of Cases Cited. PAGE. United States v. Brawner 27 Brent 66, 178, 196 Bricker .172 Bridges . 59 Briggs 7 Britton 54, 173, 203, 205 Brown . 18, 20, 57, 220 Bucliaiian 168, 226 Burr 24, 27, 28, 31 Burrouglis 178 Butler . . r 173 Campbell 66 Carl 54,175 Case • . 28, 30 Cassidy 210 Chapman . . , , 21^ Chappel 2, 223 Cliase 205 Chesman 205 Chests 38 Clafflin 172, 122 Clarke . . .- 54, 178, 190, 196, 198 Clayton 171 Cline ' . . 223 Coggin 19, 164 Cole^ . . •^ 54, 168, 173 Collins 198 Comerford 61, 205 Conant 37, 181, 203 Conner 66, 210 Connolly . 164 Cook .18, 172, 2^2 Cookendorfer 31, 32 Coolidge 4, 54 Coombs 197 Coppersmith • 2, 51 , 175 Corbin 57, 164, 188 Cornell . . . . " . . . . 4, 15, 44, 61, 66, 202 Corrie 27, 61, 64 Cota 223 Cottingham 182 Craig 44 Crane 182, 196 Cross 2 Crow 196 Cruikshank 55, 170, 173 Cummins . 178 Clutis 44, 203, 210 Darrand 44 Daubner 51, 66 Dauphin . 190 Table of Cases Cited. 245 PAGE. United States v. Davis 53, 71. 76, 195, 218 Dawson 55^ 60 Deaver , 283 Deming 210 Demott • 198 Dennee 210 Dennis 30 De Quilfelot 66 Devanghn 44 Devlin 56 Diamond Eings . 38 Dickenson .56 Dickersou ......,.,. 44 Dickey 54 Distillery ^ 44 Doebler 58 Dolierty 17O Donan I73 Doughty 22, 220 Douglas 51 202 Dowdell 164 Drew 202 Driscoll 182, 196 Duncan 31 39 Easson 196 Ebbs 36 3^tldy 179^ 193 Elliot 54 Emholt 7 Evans 30, 210, 228 Express Co 196 Fairclough . . , ._ 200 Falkenhainer 196 227 Farnsworth . ; 222 Faw » 30 Fears I75, 205 Eeely ,31 Fehrenback 18, 173 Eero 54 Eisli 181, 203 Fisher 182 Eisler I75 Flemming 177, 190 Foote 163, 205 Ford 22 Forrest 54 Forsythe 181 Foy 178, 182, 196 Freeman 198, 202 Fries 51, 56 Furlong 61, 202, 204, 211 246 Table of Cases Cited. PAGE. United States v. Gale 48 Gardner 219 Gaylord 205 George 63 Gilbert 3, 7, 54, 66, 211 Gillies 66 Given 55 Givings 219 Goggin 164 Goldberg ... 173 Golding 196 Goodrich Tr. Co 168, 226 Gordon 61, 173 Goughnour 172 Gray 176 Greathouse 46 Green 71 Griener 33, 61 Grundy 185 Grubb 58 Grush . ■ 165 Guenet 204 Haines 201, 219 Hall 4, 191, 196 Hamilton 15, 31, 59, 196, 201 219 Hammond 173 Hand 30, 168, 173 Harding 63 Hare 58 Hargrave 172 Harris 55, 170, 173 Hardyman 182, 196, 197 Hart 1, 198 Harvey . 198 Haskel 54 Haskins 27, 29 Haynes 62 nennev etal 219 Henry 211, 219 Hertz 204 Hewett 164 Highleyraan 183 Hinman 58, 175 Hirsch IS, 19, 173 Hodgkin 30 Hogsheads • ... 38, 195 Holliday 4 Holmes 2, 202, 211 Hopkins 176 Horton's Securities 30 " Houghton 164, 188 Table of Cases Cited. 247 PAGE, United States v. Howard 5, 57, 192 Howe 164, 211 Howell 223 Hudson 4 Huff 220 Hull 57, 164, 171 Hutchinson 2, 4, 181 Imbert 199, 222 IngersoU 64 Insurgents 15 Irvine . . . 19, 235 i^y ^ Jackalow . . . . 4, 4" Jackson 57, 170, 223, 233 Jacobi 7, 27, 41 Jacoby 190, 225 Jailer '.,.... 37, 69 James „ . . . . 223 Jennegan 166 Jenther ..... 178, 196 Jessup . ... 164 Joe 53 Johns 71 Johnson . . . . , » .... 181 Jones ....... 168, 177, 190, 210, 227 Kane 175, 198 Kaltmeyer 163, 205 Kan-gi-shan-ei 5 Kazinski 54, 204 Keefe . 219 Keene 57, 106, 175, 182, 196 Keller . 199 Kelly 162, 205, 219 Kenne 173 Kerry 54 Kessler 197, 211 Kimball 196 Kirby 198, 205 Klintock 210 Knowles . . . . 199 Koch 164 Kochersperger 196 Kohnstam . . . . ' 171 La Costa 5 Lafontaine 188 Lancaster 4,54,103,178,197 Lansberg 210 Lathrop 3 Lawrence 30, 70, 164, 175, 189 Laws 55,57,196 Leathers £3 -48 Table of Cases Cited. PAGE. Ubited States v. Lee 22, 181 Leonard 59, 202, 220 Lissner 172 Loftis 205 Logan 223 Long ......... 178, 182, 196 Loughry ........... 47 Lowry . . 165, 175 Lukins .......... 166, 175, 205 Lumsdeu 28, 204 Mackenzie 24 Macomb 66 Madison 210 Magill 61, 202 Maillard 20 Malone 53, 56 Mann 4 Marchant & Colson 202 Marigold 2 Marselis ........ 167, 178, 182, 196 Mason 164, 175, 190 Martin • •. , 5, 24, 173, 178, 196 Mathews 164, 219 Maxwell 53 May . . . , 59 Mayo 18, 19 McArdle 203 JVIcAvoy , . . . 22 McCarthy 44 McClay ....•• 69 McCracken n . . 198 McCready 178, 193 McDonald 173, 175, 205 McGill 202 McGinnis 168 McHenry 51, 55, 210 McKee 57, 62, 173 McKini 179, 194 McNeal 210 Merchant 61 Milburn 15, 30 Millard 169, 190 Miller 44, ISO, 194 Mills . . • 54, 57, 168, 197 Mingo 61 Miskell 171 Mitchell 232 Montgomery 41 Moore 164, 186, 189, 210 Morgan 210 Morris 46, 54, 69, 176, 205 Table of Cases Cited. 249 PAGE. United States v. Morrison 219 Morrow 172 Mosby 170 Meyers 164, 210 Mulilensbrink . .21 Mundel 57 Murphy 62 Nagle 57 Nelson , . . 175 Neale 209 Nicewonger 164 Nickerson 55, 210 Noelke 57, 190 Noltou 189, 222 Norton 19 Nott 178, 196 Nunnemacher . . . ' 173, 180 Nutt 179 Nye 56, 57, 219 O'Brien 19 O'Callahon 54, 56 Oliver 178 One Copper Still 179 Ortega 188 O'Sullivan 54, 204 Owens 177, 190 Page 223 Palmer 210 Packages, 67 189, 222 Parsons 182, 196 Patterson 178, 196 Paul 6 Pearce . : 179, 182, 193, 196 Pelletreau 178. 196 Perez .54 Peterson 56 Phelps 175, 205 Picket 30 Pirates 2, 56, 61, 204 Pluraer ■ 3, 7, 54 Pomeroy 196 Pond 54, 178, 182, 193, 196 Pope ' 29 Porter 56 Potter 66 Pratt 205 Prescot 54 Pressy 223 Quincy 204 Ralston 97 Ramsay 4 250 Table of Cases Cited. PAGE. United States v. Eand 204 Randall 178, 196 Eandolph 3 Rathbone 1 Ravara .4 Read 48 Rector 69 Reese 4, 55, ITO, 173 Reeves .49 Reid 58 Reyburu 204 Reynalds 51 Rickman 164 Riley 54 Rindskopf 166, 173 Roberts 220 Robins 35, 65 Roelle 22 Rogers • , . 27, 68, 219 Roliger 223 Rose 45, 47 Eosenburgli 7 Ross 7, 173, 202, 211 Rossvalley 75 Rundlett 28 Russell 171, 176, 184 Sacia . 173 Sacramento 60 Salentine ,66 Sander 178, 182, 196 Sanders , . . 5, 46 Sanlos 32 Sauclie 173 Savage 219 Schimer 180, 187 Schroeder 86 Schuman 22, 24 Scott 56, 164, 235 Scroggins 22 Seagrist 61, 219 Seaman , 170, 233 Sharp 56, 57, 219 Shephard 24, 27, 53 Shinn 210 Shoemaker 54 Shorey 18, 19 Shriver 223 Simmons .66 Skinner 24, 204 Slaymaker 166, 175 Smiley 2, 6 Table of Cases Cited. -5^ PAGE. United States «. Smith 2,29,57,175,205,222 Snow Snyder 1°^ Southmay ^^^^^^^ Stafford ^^X Staats l^^'l'^'?^^ Stackwell t'T- • • • •. •. "219 S"'7 2:0 Stanly Starr Staton Steamship City of Mexico ^"^ Stetson Stewart '^^ Stickles :J. tZ Stowell ; . . . 64,166,170,200 Strickland ^^^ !!^!^7^ • . * . '18I, 203 Tanner l'*^' :^;^'^ rr 1 . . 2, 182, 198 Taylor 95 29 Ta-wan-ga-ca ' 'Y' Terrel ^, % o, ^ Thomas 179,103,205,209 Thompson 26,53,57,61,196,219 Tinklepaugh 166, 175, 205 l^^^\^'^^^^' ••/,,• ,5 ^'•°f ... 211 ™^y . . 24,53 Tureand ' ,.» Tuska 46, 57 Tynen ' • • 170,184,189,204 YanAuken 1°J Van Fossen ^-^"«' .-.•.•. 2S Veazie „. , 59, bl * 2'>3 :^7"" ■ . ■ . '30,210 :^"^^ . 172 181 Voorhees ' Waitz 1? ™f" .•.■.' 103 Wallace „ ^.^ Walsch 173,203,210 l^'' • . • . '203 Warner ^^^ Warwick Washington ^'^ Watson 53,64,173 Watkins 1^ Wells ^ 252 Table of Cases Cited. PAGE. United States v. Wentworth , . . 53, 171, 175, 188 Wbitaker 178, 196 White 18, 27, 28, 31 White and another 2, 176 Wilcox 55, 164, 171, 189, 210 Williams 15, 46, 165, 175, 204 Williamson 67, 71 Wilson 3, 46, 164, 178, 196, 197 Wiltberger 199, 201 Winn . .■ 198 Winter 196 Wittig 228 Wood 4, 44, 163, 197, 210 Woods 223 Worms . .28 Worrall 2, 4, 61 Worrel 167 Wright , . . • 164 Yellow Sun 5 Young 56 Van Aerman, Ex x>arte 71, 76 Van Campen, Lire 28, 203 Van Metre v. Mitchell 1 Yan Ox([Qn,Ex x>arte 24 Venable v. Eichards 13 Veremaitre, Lire , . . 68, 72, 78 Venus, The • . 185 Virginia, Ex parte • . . 67 Virginia i\ Eives " . . . . 11 Voss V. Lake 36 Wabasli R. Co., In re 173 Wabl, Lire 72 Wales V. Whiting 73 Walker v. Sauvinet 60 Wajman v. Southard 1 Watkins, Ex parte 70, 71 Weigand, Lire 72 Weil V. Calhoun . . . ' 54 Wells, Lire 11 Wells V. McGregor 34 Widerinan's Case 76 Williams, Ex parte 29 Williams v. Bruffy 8 Wilson, Ex parte . . . . , 53, 67, 68, 72 Wilson V. Marshal 67 Winder, Ex parte 70 Winslow r. Wilcox 73 Wood i\ The Ximrod 203 Wo Lee, Lire 173 Woolsey v. Dodge 1 Wong Yung Quy, Re 1, 69 Yarbraugh, Ex parte 72, 170 SECTIONS OF REVISED STATUTES CITED. SECTIONS. PAGE. SECTIONS. PAGE. 102 ... . 235 800—822 . 45—51 116 . . 235 823 ,' . . 89 14.5 .... 201 824—827 90 234 .... , 165 828 . . 92 24.3 .... 231 829 .. . 95 244 . . 232 830 . . . . . 97 2.56 .... 167 831 .. . 98 299 . . 91 833—834 . . 98 563 .... 3 835 90 578 . . 15 836 . . . . . 91 629 ... . 4 837 99 641 . . . 10 838 . . . . . 23, 92 642 ... . 11 839 99 643 . c. . 11 840 . . . . . 94 651 .... 6 841—845 100 661 . . 15 846 , . 101 662 ... . 16 847 .. . 102 697 . . 7 848 . . 103 709 .... 7 849—852 104 710 . . 8 853—857 . . 105 711 ... . 3 858 42 715 . . . 101 859—860 . . 43 722 . . . 13 876—877 40 725 .... . 41 878—881 . . 42 726 ... . 66 887 .. . 215 727 . . 32 911—912 . . . 34 729 ... . GO, 173 922 38 730 .... . 61 980 . . . .91 731 ... . 61 981 . ... 41 746 .... . 64 983—984 . . 106 747 ... . 60 1014 . 23 751-7.56 . . 67—74 1015 .... . 30 787 ... . 30 1010—1018 . 31 788 . . 36 1019—1020 32 789 ... . 37 1021—1022 . 55 790 ... . . 37 1023. . 50, 210 1>54 Sections of Revised Statutes Cited. SECTIONS. page. sections. page. 1024 . . • . . 56 2182 . 168 1025. . . 57 2193 . . 186 1020 . . 58 2202 . 186 1027—1028 . . . . 34 2233 . 229 1029—1030 . ... 35 2291 . 186 1031 ... 51 2373 . 173, 195 1032 . . . 58 2412 229 1033—1034 . . 44 2461 . 217, 229 1035 . . . 58 2471 . . 188 103G . 59 2472 . 195 1037 . . . 61 2473 . 195 1038-1039 . . 62 2491- -2492 . . 205 1040 . . 7, 62 2493- -2495 168, 192 1041 35, 64 2610 . 201 1042 . . 65, 111, 211 2637 192 1043—1048 . 18—21 2638 . 231 1324 . 167 2802 222 1342 181 2864 . 185 1553 . . . 182, 191 2865 . • . 222 1624 . 165, 171 2867- -2S6S . . 233 1668—1669 . 165 2873 238 1716 . 208 2886 . 168 1734 . 208 2923 177 1737 . 184 2924 . 210 1750 . 210 2945 201 1762 . 171 2985 . 234 1771 . 206 2986 218 1772 . 218 2987 . 189 1780 . 219 2998 167 1781 206 3001 . 231 1783—1784 . 208 3008 195 1785 205 3049 . 180 1787 . . . . . .206 3050 195 1788-1789 . 208 3058- -3094 . . 177 1891 . . . . 4 3062 222 1961 . 161 3066 . 221 1980. . 194, 205 3068 205 1986 . 103 3071 . . 221 2078. . 231 3082 222 2105 . 192 3105 . 220 2116 . 232 3107— 3108 222 2120—2121 . 223 3120 . . 222 2128—2146 192 3125 . 200 2131 . . 231 3158 . 210 2136 231 3164 22 2140 . 221 3167— 3168 . . 193 2145 . 5 3169 184 2146 . . . . , 5 3170 . 208 2156—2157 . . 192 3175 173 2166 . . . . , 174 3177 . . 205 2180 . 168 3178—3179 194 Sectioxs of Revised Statutes Cited. 255 SECTIONS. 3187 3199 . 3229 3230—3231 3239 3242 . 3244—3245 3247—3248 3252 3256 . 3258 3259—3260 . 3261 3265—3266 3268—3269 3276—3277 3279 . 3281 . 3282 . 3283 3286 . 3290 3292 . 3296 3299 . 3300 3305 . 3306 3307 . 3310—3311 3316 . 3318 . 3319 . 3324—3326 3326 . 3327 3328 . 3330 3340 . 3343—3344 3345 . 3346 3347 . 3353 3354 3355—3356 3358 . 3360 . 3361 . 3363 . 3364 . ] PAGE. SECTIONS. 169 3306—3367 . 172 3370 . .' 63 3372 . . 64 3373—3374 . 225 3375—3376 . 223 3377 . . 178 3383— 33S4 . 179 3384 . 214 3388 . . 183 3392 . . 228 3397 . . 179 3399 . 193 3400—3406 ,228 3402 . . 179 3404 . 205 3406 . . 217 3422 . 179 3423 . 233 3429 . . 228 3430—3432 . 179 3435 193 3437 . 193 3443 . . 194 3446 . . 180 3447 . . 193 3449 . 179, 185 3450—3453 . 187 3451—3452 , 180 3456—3457 . 179 3462 164, 193 3477 . 185, 217 3490 219 3492 . 168, 226 3583 190 3708 . 180 3742 . 175 3744 . 180, 218 3745—3746 167, 187 3784 . 44, 187 3802 216 3829 . . 225 3851 198 3869 . 188, 226 3886 167, 226 3887 . . 222 3890—3891 . 230 3892 . . 230 3893 . 2:50 3894 . 226 3899 , 230 3920 . page. , 223 190, 230 226 230 . 226 - . 230 209, 231 223 169, 221 . 169 169, 225 169, 190 169, 185 225 . 225 190, 225 . 38 175, 226 175, 225 226 . 226 225 . 194 . 187 , 184 180, 188 190, 194 . 229 . 169 . 221 . 213 . 210 . 184 189, 202 175, 202 m, 208 . 208 . 174 . 190 . 172 . 213 197, 213 165, 213 . 204 169, 204 178, 196 212 163, 212 190, 197 , 212 , 212 256 Sections of Revised Statutes Cited. SECTIONS. 3922 3923—3925 3947 3967 . 3970 3979 . 3981 3982 . 3983 3984 . 3985 3986 . 3987 3992—3993 3995—3996 4013 . 4030 4046 . 4053 4062 4063 4064 4065 4073 4078 4079 4080 4081 4086 4090 4143 4162 4163 4187 4188 4191 4209 4255 4257 4259 4261- 4266 4268—4270 4276—4277 4288 . 4300—4305 4325 . 4335—4336 4350 . . 4354 4355—4356 -4263 PAGE. 108 183, 212 . 213 196 . 225 197, 227 196, 212 213, 214 . 215 208, 214 225 225 . 198 198 . 205 188 202, 213 181, 213 181, 212 165, 209 165, 188 165, 214 . 176 235 . 209 81, 201 81 82, 201 . 188 202 . 185 199 . 185 172, 208 . 208 . 220 203 . 200 233 200, 233 200 . 200 200 . 200 208 179 200 200 210 198 200 14, 27 SECTIONS. 4373 4374 . 4375 4380 . 4413 4416 . 4424 4425 4426- 4432 . • 4437 4438 . 4446 4454 . 4462 4465 . 4468 4473 . 4476 4478 4486 4489 . 4494—4495 4497 . 4499 4500 . 4504 . 4514—4515 45i0 . 4517 4521 . 4522 4540 . 4549 4563 . 4570 4596 . 4596—4612 4601 . 4608—4609 4646 . 4745 4746 4783 4784—4785 4800 . 4811 .5012 . 5148 .5158 . 5161 PAGE. 172, 200 198 182, 210 200 . 200, 210 197 . 227 184, 206 197 175 . 205 182, 210 . 182, 210 227 . 199 200 . 200 227 . 183, 210 227 . 227 197 . 227 227 . 228 197, 228 . 221 221 188 . 201 199 . 201 201 . 199 233 . 199 166, 202 . 201 221 221 91 166, 235 164, 213 182, 209 . 209 83 . 168 199 . 192 174 . 174 Sections of Revised Statutes Cited. 257 SECTIONS. 5185 5187—5189 5198 . 5207—5208 5209 . 5211 5213 . 5215 5243 . 5267 5270—5279 5280 5281—5282 5284—5287 5293 . 5296 53C6 . 5323—5324 5332 . 5333 5334 . 5335 5336 . 5337—5338 5339 . 5340—5391 5341—5343 5342 5344 . 5347 5348 . 5349—5351 5352 . 5353—5355 5354 . 5356 5357 . 5358 5359 . 5360 5361 . 5362 5363 . 5364—5366 5368 . 5369 5369—5376 5372 5373 . 5374 5375—5376 PAGE. 1 109 203 , 203 203 181, 206 . 203 203 203 203 221 . 75—80 1 . SO , 204 204 63 55, 211 1G3, 186 103, 210 232 201 192, 206 174 193, 198 182 202, 211 . 165 199 202 199, 227 n7. 215 198, 200 , 221 166, 229 183, 204 . 199 . 195 172, 216 185, 221 166, 199 177, 203 . 198 167, 174 . 199 168, 173 210 166, 199 . 211 202, 216 , 202 211 204, 211 SECTIONS. 5382-5384 5383 . 5384 5388 5389 5390 5391 5392 5393 5394 5395 5396 5397 5398 . 5399—5404 5400—5402 5403 5404—5405 5406 5407 . 5408 5409 . 5409—5550 5410 . 5412 5413—5415 5416—5417 5418—5419 5420 5421 . 5422 5423 . 5424 5425—5426 5427—5428 5429 . 5430 5431 . 5432—5433 5434 . 5435 5436. . 5437 5438—5439 5439 5440 . 5441 5443 . 5444 5445 . 5447 p AGE. . 199. 211 . 220 233 . 219 . 205, 229 , 202 . 6 43, 209 . 178, 186 166, 235 . 185, 203 . 210 . 56, 228 166, 206 . 176, 205 , 218 215 194 . 176, 194 172 . 170, 214 199 83—88, 183 183, 199 229 169, 203 188 175, 217 . 186, 216 177, 213 . 186, 216 182, 210 . 185, 204 204, 218 204 189, 204 . 176, 211 175 176 175, 203 . 185, 214 181, 214 208 104, 186 . 215 173 168 194 . 183, 214 . 222 , 218 258 Sections of Revised Statutes Cited. SECTIONS. 5448 . 5449—5450 5451 . 5452 5453 . 5455 5456 . 5457— 5459 5460 . 5460—5463 5461 . 5464—5465 5466 . 5467—5469 5470—5471 . 5471 5472 . 5473 5475—5476 . 5477—5478 5479 . 5480 5481 . 5482 5483 . 5484 5485 . 5486 5487 . 5488—5489 5490 . 5491 5493 . 5494—5495 54U6 . 5497 5498 . 5499 5500 . 5501 — 5505 5504 — 5505 5506—5532 , 5508—5509 5511 5512—5513 5514 5515 . 5516—5517 5517 . 5519—5520 5521 . PAGE. 184, 207 . 167 186 178, 196, 227 182, 213 .204 220 . 220 182, 213 . 213 164, 188 . 177, 196 20(3 . 191, 192 182, 216 . 184, 207 164, 235 . 182, 209 197, 209 . 179, 181 181, 207 163 163, 207 . 181, 183 183, 207 . 166, 215 171, 207 . 107, 207 167, 170 167, 207, 215 171, 181, 218 170, 173, 205 173 . 233 218 . 183, 233 233 . 171 199 . 173, 205 228 167, 190 176, 212 178 . 195 176 . 181 176, 201 201 175, 212 177, 195 sections. 5522 5523 . 5524 5525 . 5526—5527 5529 . 5532 5533 . 5534—5535 5548—5550 5551 — 5552 5576 . PAGE. . 199, 218 179, 185 . 222 182, 195 . 228 207 . 209, 228 163 . 163, 197 . 195 . 222 191 ACTS OF CONGRESS CITED. April 20, 1880 . April 18, iS84 August 11, 1876 August 15, 1876 August 2, 1882 August 3, 1882 August 7, 1882 August 2. 1886 184, 187, 174, . 76, 208, February 8, 1875, 188, 193, 217, 226, February 18, 1875 February 22, 1875 February 3, 1879 February 4, 1880 . February 28, 1883 January 16, 1877 January 21, 1879 January 29, 1880 January 16, 1883 July 12, 1876 . July 20, 1878 July 12, 1882 . July 4, 1884 . 5, 8, 181, 193, 207, . . 17, 207, 209, 211, . .16, . 174, 207, 87, 88, 190, 203, 163, 164, 168, 192, 207, July 5, 1884 .... June 18, 1S7S .... June 20, 1874 .... June 22, 1874 19, 172, 177, 192, 206, June 23, 1874 .... June 8, 1878 . . , .17, June 14, 1878 .... June 16, 1878 .... June 17, 1878 . 186, 212, June 30 1879 June 9, 1880 .... June 11, 1880 . . . .17, June 14, 1880 .... 50 207 186 211 208 77 99 224 228 101 107 215 50 235 176 17 50 211 205 164 206 195, 209 20 211 197 208 229 50 209 17 213 46 169 50 17 Sections of Revised Statutes Cited. 259 June 16, 1880 . p 169, AGE. 176 March 8, 1879 p. 168, 212, A.GE. 213 March 1, 1875 . . 170, 232 March 3, 1881 .... 164 March 3, 1875 4,86, 168, 174, 181 March 1, 1883 . 184 192, 199, 207 March 3, 1883 95, 205, 224, 225, 231 March 13, 1875 174, 214, 217, 227, 229 March 3, 1885 . 5, 6, 73, 215 March 3, 1877 109, 179, 183, 186 May 17, 1879 . 173 210, 234 May 28, 1880 , 192, 224, 225 March 16, 1878 . 43, 185 May 13, 1884 . 51 March 1, 1879 27, 185, 187, 164, 179 May 16, 1884 . 176 188, 194, 205 May 29, 1884 . . 232 I INDEX ABATEMENT, page. objection to grand jurors cannot be taken by plea in 46 ACCOUNTS, of district attorneys, marshals and clerics; how proven, etc. . . . 106 of district attorneys, clerks, and commissioners; how rendered, . . 107 of district attorneys; form of 109 of U. S. commissioners; form of 110-112 of marshals , 113 payment by marshal to witnesses and jurors 114 employment of guards by marshals 116 ADJOURNMENTS, monthly for trial of criminal cases 15 APPELLATE JURISDICTION, of Supreme Court 6 of Circuit Courts 9 ARKANSAS, juries, in 49 ARRESTS, and examinations of offenders against laws of United States . . 26 without warrants 27 of deserting seamen from foreign vessels 80 of seamen on application of consuls 81 ATTACHMENT, of witnesses for contempt 41 duty of district attorney to appear in proceedings 41 ATTORNEY, parties may appear by 66 BAIL, in case of writs of error to district courts 9 required by Commissioners ; court may reduce 29 excessive, not to be required 30 in cases not capital 30 in capital cases 31 262 Index. BAIL — Continued. page. in cases removed by writ of error from State court . . . . 8, 31 in stay of proceedings on writ of error to district court .... 9 may surrender criminal 31 new, witli better security may be required 32 penaly of recognizance may be remitted, when 31,32 BAILIFFS, marshals may appoint , . lOl special, may be appointed to serve particular process 37 BILLS OF ATTAINDER, not to be passed 83 BOND, required in case of writ of error to district court 9 CAPIAS PRO FINE, may be issued, when 35, 65 CAPITAL CASES, when carried to supreme court, execution postponed 7 where trials of, to be held 60 to be remitted from district to circuit court 62 carried to the supreme court '. 62 CERTIFICATE, of division of opinion . . , 6, 7 CERTIORARI, to issue in removal cases, when 12 CHALLENGES, to jurors in summary trial 15, 52 in civil rights cases 51 excess of 51 in bigamy and polygamy cases 52 CIRCUIT COURTS, criminal jurisdiction of 4 on writs of error to district courts 9 of cases removed from State courts 10, 13 commissioners of, their powers and duties 23 CIVIL RIGHTS CASES, removal of, from State courts on petition 10 writ of habeas corpus to issue in, when , . 11 common law jurisdiction to be exercised in . . . . . . .13 jurors in ....... c 52 equal protection of the laws secured 54 the right to vote not be denied or abridged 55 Index. 263 CLERKS, fees of forms PAGE. 92, 98, 101 . 132 COLORADO, jurors in 50 COMMISSIONERS, their powers and duties conduct of criminal proceedings by discliarge of poor convicts by . . . preliminary examinations before evidence to warrant commitment by V7hat their warrants of commitment must show attachments for delinquent witnesses before fees of accounts of, how proven and presented form of account of 23-28 25 . 65 28 . 28 29 . 41 102 106, 117, 110 112 forms and precedents 117 COMPLAINT, to ground warrant must be supported by oath, etc. . form of 24 117 COMPROMISES 63 CONGRESS, power of, to punish crimes 1-2 CONSTITUTIONAL PROVISIONS, the Constitution, laws and treaties, the supreme law of the land ... 1 power of Congress to piinisli crimes 1 to declare the punisliment of treason . 2 the judicial power vested in supreme and inferior courts .... 2 jurisdiction conferred upon the supreme court 2 no warrants to issue but upon probable cause . . . _ . . .26 excessive bail not to be required 30 capital and infamous crimes to be prosecuted by grand jury only . . 53 equal protection of the laws . - . 54 the right to vote not to be denied or abridged 55 trials to be by jury, etc. ........... 60 accused to have speedy trial, be confronted by the witnesses, etc. . . GO privilege of the writ of habens corpus not to be suspended . . . .67 extradition of fugitives from justice of a State or Territory ... 79 bills of attainder and ex ?w.si./«f^o, laws not to be passed . . • .83 no State shall pass any bill of attainder or ex j^ost facto law ... 33 cruel and unusual punishments not to be inflicted 83 CONTEMPT, attachment of delinquent witnesses for duty of district attorney to appear in proceedings for 41 41 264 Index. CONTrN-UANCES, page. of internal revenue cases at any stage by district attorney . . . .64 COSTS, of prosecution, wlien defendant subject to the payment of ... 64 bill of, how taxed 106 COUXSEL, accused to liave the assistance of 28, 60 parties may be represented by, or plead their own cause . . . .66 COUNTERFEITING, power of Congress to punish 1 State comts have no jurisdiction over • . .3 COURTS, power of Congress to constitute inferior 2 exclusive jurisdiction of . 3 Indians committing certain crimes to be tried in 5 CRIERS, coiuts may appoint 101 DESERTERS, cannot be arrested without warrant or military order .... 27 DESERTING SEAMEN, from foreign vessels, arrest of .80 DISCONTINUANCES, in certain cases must be witli consent in writing, etc 64 causes not to be discontinued by arrival of new term 64 DISTRICT ATTORNEYS, duty to prosecute offenders against laM-s of United States ... 22 to appear in ^proceedings for contempt 22, 41 duty of collectors to report revenue violations to 22 duty to prosecute cases reported by collectors . . . . . ,23 to appear in prosecutions before commissioners 24 commissioners before issuing warrant should consult 24 to certify to materiality of witnesses before commissioners ... 41 fees and accounts of 89-92, 98-100, 105 mileage and expenses of 101 bill of costs; how taxed 106 accounts of ; how to be proven and presented 106 instructions as to rendition of accounts of 107 form of account 109 DISTRICT COURTS, to have jurisdiction of what crimes 3 writ of error to, from circuit courts 9 Index, 265 " DUE TKOCESS OF LAW," construction of the words in the Constitution ELECTIVE FEANCHISE, crimes against, how punished . . EQUAL PROTECTIOlSr OF THE LAWS, constitutional provision construed EXAMINATION, of accused to be had in district where arrested EXECUTION, may issvie for fine or penalty Ex post, facto laws, not to be passed PAGE. . 54 55 54 26 35 . S3 EXTRADITION, of fugitives from justice of foreign country 75 evidence on the hearing 76, 77 subpoena of witnesses for defense ........ 76 witness fees and costs in cases of, liow paid . . . ■. . . . 77 surrender of the fugitive .77 time allowed for • 78 protection of the accused .78 power of agents receiving offenders ........ 79 penalty for opposing agents 79 of fugitives from justice of a State or Territory ..... 79 penalty for resisting agent 80 FEES, what compensation to be taxed and allowed 89 of attorneys, solicitors and proctors 89 maximum compensation of district attorneys 90 of district attorneys in revenue cases and suits on official bonds . . .90 for defense of revenue officers .90 for extra official services 91 office expenses in southern district of New York 91 for prosecution of revenue violations reported by collectors ,, . .92 of clerks of courts 92 of marshals 95 of attorneys, clerks, and marshals, additional provisions .... 98 no per dlcm for attendance at rule days 98 semi-annual returns of 98 of district attorney and marshal in Oregon and Nevada , . . .99 in New Mexico and Arizona ......... 99 compensation retained by clerk ......... 99 maximum of marshals" fees and emolnments 100 additional compensation of marshals and clerks in prize causes , . 100 payment of sxirplus into the Treasure 100 where surplus exists. Department of Justice to audit accounts . . 100 marslials' accounts for fees and costs, when not to be re-examined . . 101 extraordinary expenses may be allowed by the President . . . 101 26C IlS^DEX. FEES — Contbined. page. compejisation of bailiffs and criers of courts . . . . . . . 101 mileage and expenses of attorneys, marshals, and clerks .... 101 of district attorney for preparing deed 102 of U. S. commissioners . . • 102 of witnesses 102 officer of court not cintitled to, as witness 104 officers and clerks sent away as witnesses, how paid 104 of seamen sent home as witnesses 104 of jurors 104 of printers 10.5 how paid and recovered 106 FINES AND PENALTIES, how collected 35 remission of 63 imprisonment for non payment of 65 discharge of poor convict imprisoned for 65 FORMS. U, S. Commissioners^ — Nos. 1-19 117-1.31 1. Complaint to ground warrant 117 2. Warrant of arrest US 3. Subpoena for witnesses ......... 118 4. Mittimus pending examination 119 5. Final mittimus . ■ . 120 6. Recognizance of accused pending examination ..... 120 7. Final recognizance of accused 122 8. Recognizance of witnesses 123 9. Affidavit of attendance 124 10. Order to pay witnesses . . . '. 125 11. Certificate of i^roceedings • • 125 12. Complaint for extradition warrant 126 13. Extradition warrant 127 14. Extradition commitment 128 15. Certificate of extradition proceedings ...... 128 10. Application of poor convict for discharge 129 17. Mandate to jailer for production of poor convict .... 130 18. Oath of poor convict 131 19. Certificate of discharge 131 Marshals and Clerks, '~l<(os. 20-40 132-144 20. Bench warrant or capias 132 21. Return to bench warrant or capias .... .... 1.32 22. Capias pro fine 133 23. Hetiirn to ca2yias 2yro fine 133 24. Attachment for contempt . 134 25. Return to attachment 134 26. Warrant to remove prisoner to another district 1.35 27. Return to warrant ... 135 28. Receipt of marshal for prisoner . 136 29. Marshal's disclaimer of fees 136 30. Habeas cor2)us ad testificandum 137 Index. 267 FORMS — Continued. page. 81. Subpceiia for witness before grand jury - . . 137 32. Subpoena for witness in a cause 138 33. Return to subpoena 139 34. AflSdavit of attendance of witness 139 35. Fee bill of U. S. Avitnesses 140 36. Order of court to pay witnesses 140 37. Venire Facias 141 38. Order of court to pay jurors 142 39. Commitment to penitentiary 143 40. Marshal's i-eturn to commitment 144 District Attorneys , — Nos. 41.-55 ........ 144^161 41. Criminal information .......... 144 42. Indictment, — General form • . . . 145 43. For Offense on high seas 145 44. Offense within exclusive jurisdiction of U. Sl . . . . 146 45. Conspiracy by national bank officers . •.■ • '• . . , 147 46. False entries by national bank officers 150 47. Embezzlement by national bank officers .... 152 48. Aiding national bank officers to embezzle .... 153 49. Petition for removal under Sec. 643 Rev. Stat. U. S. . . . 155 50. Certiorari, for removal of cases from State court ..... 156 51. Certificate of division of opinion ....... 157 52. Petition for writ of habeas corpus 160 53. Writ of habeas corpus . , . IGO 54. Return to writ of habeas corpus . . • 161 55. Order of discharge under writ 161 GEORGIA, provisions affecting courts in district of . . . . . . .16 jurors in 50 GRAND JURY, per diem, selection, and qualification of jurors 45 number of grand jurors; completing jury 47 foremen of to be appointed by the court 48 when to be summoned 48 discharge of ' • . • 48 of district court to serve in circuit court 49 GUARDS, employment of, by marshal * . . . . o . . . 116 HABEAS CORPUS, cum causa in removal cases . . „ „ 11, 12 not to be suspended unless, etc. 67 power of courts to issue writs of 67 power of judges to grant the writ 68 where prisoner is in jail .......... 68 where imprisoned under warrant of extradition 68 application for the writ 69 268 Index. HABEAS COEPUS—Contimied. page. allowance and direction of the writ ....... 70 time of return , ... 70 form of return 70 body to be produced 71 day of hearing 71 denials of return; amendments 71 summary hearing 71 in cases involving the law of nations '72 appeals to the circuit court 72 appeal to supreme court. 73 appeals, how taken ........... 73 action of state authority j)ending proceedings void .... 73 HIGH SEAS, offenses on, where tried 61 IMPEISO^^MEISTT. not tn be inflicted where judges are divided in opinion, etc. discharge of poor convict from . . • . . . IKDIAjS"A, jurors in . . mDIANS, committing certain crimes subject to U. S. laws, etc. . INDIAN COUNTRY, general laws as to crimes extended to . INDICTMENT, copy of, to be delivered to prisoners in capital cases constitutional i^rovisions concerning .... when necessary to allege intent, knowledge, etc. , in . when must show place of offense to be within jmlsdiction with what certainty must charge offense figures not to be used for dates in to be concurred in by twelve grands jurors . form of, for perjury . - form of, for subornation of perjury .... for perjury before a court-martial .... several charges for shnilar offenses to be joined in not deemed insufficient for defect of form repugnant counts in suri^lussage ... ■ caption no part of conclusion, what sufficient variance as to name; as to time name of district attorney in written instruments to be set forth in full when lost papers, avennents concerning 6 65 49 4, 5 44 53 53 53 54 54 55 55 56 56 56 57 57 57 57 57 57 57 53 53 Index. 269 INBICTM'E'NT— Continued. page. negative averments 58 judgment on demurrer to 58 remitted by circuit and district courts to eacli other . . . .61 INFERIOK TRIBUNALS, power of Congress to constitute 2 INFORMATIOlSrS. infamous crimes not to be prosecuted by 53 must be based upon affidavits showing probable cause . . . .53 offenses not infamous may be prosecuted by 53, 55 INTENT, when necessary to allege and prove 53 JEOPARDY, when it attaches 54 JUDICIAL POWER, vested in the courts of the United States JURIES, X>er diem, selection, and qualification of jurors how apportioned and served . . ° . . talesmen for petit, how returned . . • . special in circuit courts juries in New York petit, in Vermont . grand, in Vermont in Michigan . in Missouri in Ohio , , in Tennessee , . in Arkansas in Kentucky and Indiana in North Carolina in Western District of South Carolina . in Georgia in Colorado completing grand foreman of grand grand, when summoned . . . . discharge of grand grand jurors of district court to serve in circuit court challenges . • in civil rights cases excess of challenges in summary trials in prosecutions for bigamy, etc., .... court may grant new trials for irregularity in conduct of jiu-or fees of jurors 45, 104 46 47 47 47 47 50 16 17 17, 50 17, 50 49 49 49 49 50 50 47 48 48 48 49 50 51 51 52 52 66 105 270 Index. JURISDICTION, of supreme court, constitutional provisions appellate , of supreme court exclusive, of United States courts of district courts of crimes and offenses of circuit courts . appellate, on writ of error to district court in civil rights cases removed from State courts .... in cases against revenue and election officers removed from State courts special provisions respecting, in different States .... JUVENILE OFFENDERS, under age of sixteen to be confined in house of refuge PAGE. 10 11 16 KENTUCKY, jm'ors in .......... , .49 LIMITATION, capital offenses to be prosecuted within three years 18 offenses not capital ■ . . . 18 exceptions — persons fleeing from justice ...... 19 under revenue and slave trade laws 19 under customs revenue laws 19 under internal revenue laws 20 prosecutions for penalties and forfeitures 20 parties beyond reach of process during rebellion 21 MARSHALS, to serve process 36 powers of, similar to sheriffs 36 may amend their returns 37 may appoint special deputies 37 deputies to continue to serve process after death of 37 to execute process in hands at time of removal 37 fees of 95-102 how fees of paid and recovered 105 to pay jurors and witnesses on order of court .... 105, 114 bill of fees, how taxed 106 accounts of, how proven and presented . . . • . 106, 113 mileage to be paid only for actual travel 97, 101 employment of guards .116 may appoint bailiffs 101 forms 132 MICHIGAN, provisions affecting U. S. courts in .16 MILEAGE, to be allowed only for actual travel 97, 101 *" Index. 271 MISSOURI, PAGE. provisions affecting U. S. courts in ....... 17 MITTIMUS, what it must show 29 form of . . . • . . . 120 NAVIGATION LAWS, offenses under, how prosecuted 15 NEW TRIALS, court may grant 65 NOLLE PBOSEQUI, if entered after jury is sworn, defendant cannot be again indicted . 54 power of district attorney to enter, restricted . ' 64 NORTH CAROLINA, jurors in • 49 OFFENSES, committed in places ceded to United States 6 against United States, before whom and how prosecuted ... 23 OHIO, provisions affecting U. S. courts in .... ... 17 jurors in . . ° 50 PERJURY, person convicted of, incompetent as witness 43 form of indictment for .......... 55 form, of indictment for subornation of 56 PLEA OF NOT GUILTY, when entered, cause deemed at issue ....... 58 POOR CONVICTS, imprisoned for non payment of fine, etc., how discharged . . . 35, 65 PRINTERS' FEES 105 PRESENTMENTS, constitutional provisions concerning 53 PRISONERS, wlien regularly committed, not under marshal's control . . . .35 standing mute, plea of guilty to be entered for 58 poor convict imprisoned for fine, etc., how discharged . . . .65 cruel and unusual punishment not to be inflicted 83 removal of, in cases of contagion or epidemic 83 allowing escape of , . . . o . 83 272 Index. FlllSO^s'E^S— Continued. expense of, to be paid by United States l^laces of continenient; attorney-general to designate marshals to make provisions for safe-keeping of U. S. convicts in state penitentiaries .... selection of penitentiary in divided district sentences for longer term than one year, where executed deduction of term for good conduct .... to have clothes and money on discharge in certain cases actual and reasonable cost of subsistence to be paid attorney-general to contract for subsistence of court may order sentence executed in house of correction confinement of juvenils offenders attorney general to contract for subsistence of PEOCESS, to be under seal and bear date from day of issue copy of writ to be jailer's authority for holding prisoner but one writ necessary to remove prisoner no writ necessary to bring prisoner into court marshals to serve in hands of marshal when removed .... deputies to continue to serve, after death of marshal how served when marshal or deputy is a party PAGE. . 84 84, 87 . 84 85 . 85 85 . 85 86 86 88 88 88 88 34 34 35 35 36 37 37 38 PUNISHMENT, not to be inflicted in cases of division of opinion touching it cruel and unusual, not to be infhcted .... 83 RECOGNIZANCE, of accused before U. S. commissioner what a recognizance must set forth when court may remit penalty of ... of witnesses, wben and by whom may be required forms of . 28 •SO . 31, 32 42 120, 122, 123 REMISSION, of indictments by circuit and district courts to each other of difficult cases from district to circuit court of all capital cases from district to circuit court of fines - 61 62 62 63 SEAMEN, deserting, how arrested . power of foriegn consuls over disputes between arrest of, on application of consul, etc., .... examination, commitment and discharge of . . , SEARCH WARRANTS, may be issued, when and to whom ..... securety of the peace, and for good behavior may be required 80 81 81 82 38 32 Index. 273 SENTENCE, may be pronounced at subsequent term 59 SOUTH CAROLINA, jurors in western district of 49 SPECIAL SESSIONS, of circuit courts for criminal trials 15 for trials near place of offense ......,,. i6 STATE COURTS, bound to conform to decisions of supreme court 1 final decision of, reviewed in supreme court on writ of error . . . 7, 8 STATE LAW, passed in violation of treaty of U. S. void , 1 cannot protect persons incurring punishment under U. S. law ... 1 STJBPCENA, form of ; attendance under, etc. 40 SUMMARY TRIALS, for offenses against navigation laws 14 SUPREME COURT, jurisdiction of 2 on certificate of division of opinion . . 6 writ of error from to State courts 8 TENNESSEE, special i^rovisions affecting U. S. courts in ..... . 17 juries in 50 TERRITORIES, constitution and laws of L'. S. applicable to all 4 TEXAS, special provisions affecting U. S. courts in . , 17 TREASON, power of Congress to declare punishment of 2 TRIALS, to be by jury; where to be held 60 to be speedy and public 60 of capital crimes 60 of offenses on high seas 61 of offenses begun in one district and completed in another . . . .61 new trials 66 parties may plead tlieir own cause 66 274 I>fDEx. " USUAL MODE OF PROCESS," meaning of the words 28 VERDICT, for less offense than charged . . .58 sealed, iDractice in rendering . 5!) against part of several joint defendants 59 WARRANT OF ARREST, not to issue but upon probable cause supported by oath .... 26 copy of, to be jailer's authority for holding prisoner 34 form of 118 WITNESSES, may be examined on behalf of accused before commissioner . . .28 but not to impeach character of witnesses for prosecution ... 28 subpoena for on part of United States 40 when to be subpcenaed for defendant at cost of United States . . 40 taxation of fees of, before U. S. commissioner . ..... 41 when recognizance may be required of . 42 attachment of delinquent, for contempt 41 color not to exclude 42 defendants competent 43 persons convicted of perjury incompetent 43 testimony of, not to be used against them 43 when list of, to be delivered to accused 44 privilege from answering • • .44 privilege from arrest ^ defendants to have compulsory process for CO, 76 fees of 1^^ WRIT OF ERROR, from supreme court to State courts 7 from circuit to district court 9 LAW LIBRARY IJNTVERSITY OF CALIFORNIA LOS ANGELES AA 000 836 840 9 MiiiiittHutfKitjLk^Aiu*.-.''''' '--:v^-' '-.' :u.- ■r,',i'iM