operates to extend beyond the time permitted by law the imprisonment, before indictment found, of a person accused of a crime or offence, or the time during which a person so accused may be held under recognisance before indictment found. 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. No person is summoned as a juror in any circuit or district court more than once in two years; and it is sufficient cause of challenge to any juror called to be sworn in any cause that he has been summoned and attended said court as a juror at any term within two years prior to the time of such challenge. The grand jury impanelled and sworn in any district court may take cognisance of all crimes and offences within the jurisdiction of the circuit court for said district as well as of said district court.

There are some special provisions for each of several states which need not be specially noticed.

When the offence charged is treason or a capital offence, the defendant is entitled to twenty and the United States to five peremptory challenges. On the trial of any other felony the defendant is entitled to ten and the United States to three peremptory challenges; and in all other cases, civil and criminal, each party is entitled to three peremptory challenges; and in all cases where there are several defendants or several plaintiffs, the parties on each side are deemed a single party for the purpose of all such challenges. All challenges, whether to the array or panel or to individual jurors for cause or favour, are tried by the court without the aid of triers.

The pay per diem of each juror, grand or petit, in any court of the

United States is $2, and a mileage of 5 cents for the distance necessarily travelled from their residence, in going to and returning from said court by the shortest practicable route. All jurors, grand or petit, including those summoned during the session of the court, are 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, which names shall have been placed therein by the clerk of such court and a commissioner, appointed by the judge, who must be a citizen of good standing residing in the district in which the 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 is placed therein. But this is not 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. No person serves as a petit juror more than one term in any one year. No citizen possessing all other qualifications prescribed by law is disqualified for service as grand or petit juror in any court of the United States on account of race, colour, or previous condition of servitude.

WITNESSES.

A witness duly subpoenaed is paid for each day's attendance in court, or before any officer pursuant to law, $1.50, and 5 cents a mile for going from his place of residence to the place of trial or hearing, and 5 cents a mile for returning. In Colorado 15 cents for each mile actually tra

velled is allowed. When subpoenaed in more than one case between the same parties, at the same court, only one travel fee and one per diem compensation is allowed for attendance. Both are taxed in the case first disposed of, after which the per diem attendance fee alone is taxed in the other cases in the order in which they are disposed of. When a witness is detained in prison for want of security for his appearance, he is entitled, in addition to his subsistence, to a compensation of $1 a-day. No officer of the United States courts in any state or territory, or in the District of Columbia, is entitled to witness fees for attending before any court or commissioner where he is officiating. When any clerk or other United States officer 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, returning, and attendance on the court, are audited and paid; but no mileage or other compensation, in addition to his salary, is in any case allowed. There is 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, chargé d'affaires, consul, captain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensation, exclusive of subsistence and transportation, as such court may adjudge proper, not exceeding $1 for each day necessarily employed in such voyage, and in arriving at the place of examination or trial. In fixing the compensation the court takes into consideration the condition of said seaman or witness, and whether his voyage has been broken up to his injury 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 is allowed. When he is transported in any other vessel, the compensation for his transportation and subsistence, not exceeding in any case 50 cents a-day, may be fixed by the court, and is paid to the captain of said vessel accordingly.

In the courts of the United States no witness is excluded in any action on account of colour, or in any civil action because he is a party to or interested in the issue tried, provided that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party is allowed to testify against the other as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court. In the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offences, and misdemeanours in the United States courts, territorial courts, and courtsmartial, and courts of inquiry in any state or territory, including the District of Columbia, the person so charged is, at his own request, but not otherwise, a competent witness; and his failure to make such request does not create any presumption against him. In all other respects the laws of the states in which the court is held are the rules of decision as to the competency of witnesses in the courts of the United States in trials at common law, and in equity and admiralty. No testimony given before either House, or before any committee of either House of Congress, is used as evidence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony. But an official paper or record produced by him is not within

this privilege. 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. But no party or witness is exempt from prosecution and punishment for perjury committed in discovering or testifying as aforesaid. The mode of proof in the trial of actions (1) at common law is by oral testimony and examination of witnesses in open court; and (2) in equity and of admiralty and maritime jurisdiction according to rules prescribed by the Supreme Court. There are provisions for taking testimony by deposition de bene esse, and by depositions under a dedimus potestatem, and by depositions in perpetuam rei memoriam, and for issuing subpoenas duces tecum. There are also provisions for the issuing of commissions or letters rogatory for the taking of testimony in foreign countries.

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 100 miles from the place of holding the same. Witnesses who are required to attend any term of a circuit or district court on the part of the United States are 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 appear before the grand or petit jury, or both, as they may be required by the district attorney. Whenever any person indicted in a court of the United States makes affidavit setting

forth that there are witnesses whose evidence is material to his defence; that he cannot safely go to trial without them; what he expects to prove by each of them; that they are within the district in which the court is held, or within 100 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 said limits. The costs incurred, and the fees of the witnesses, are, in this case, paid in the same manner as those payable by the United States. Any judge or other officer authorised to arrest and imprison or bail persons charged with any crime or offence against the United States may; at the hearing of any such charge, require of any witness produced against the prisoner, on pain of imprisonment, a recognisance, with or without sureties, in his discretion, for his appearance to testify in the case. And where the crime or offence is charged to have been committed on the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States, he may, in his discretion, take a like recognisance, with such sureties as he may deem necessary, of any witness produced on behalf of the accused, whose testimony, in his opinion, is important, and is in danger of being otherwise lost. Any judge of the United States may, on the application of the district attorney, require a similar recognisance, with or without sureties, from any person whose testimony is competent and necessary on the trial of any criminal proceeding, and for that purpose issue a warrant against such person, directed to the marshal or other competent officer, to arrest and bring before him such person. If the person so arrested neglects or refuses to give the required recognisance, the judge may issue a

warrant of commitment against him, and the officer shall convey him to the prison mentioned therein, to remain in confinement until removal to the court for the purpose of giving testimony, or until he gives the required recognisance.

In suits or informations brought, where any seizure is made pursuant to any Act providing for or regulating the collection of duties on imports or tonnage, if the property is claimed by any person, the burden of proof is upon such claimant, provided that probable cause is shown for such prosecution to be judged of by the court.

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All hearings in cases of extradition, under treaty, stipulations, or convention, are held on land publicly, and in a room accessible to the public. the hearing of any case under a claim of extradition by any foreign Government, upon affidavit by the person charged setting forth that there are witnesses whose evidence is material to 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, as commissioner, before whom such claim for extradition is heard, may order that such witnesses be subpoenaed, the costs and fees of witnesses so incurred being paid in the same manner that similar fees are paid in the case of witnesses subpœnaed in behalf of the United States.

PROCEDURE.

All writs and processes issuing from the courts of the United States are under the seal of the court from which they issue, and are signed by the clerk thereof. Those issuing from the Supreme Court, or a circuit court, bear test of the Chief-Justice of the United States, or when that office is vacant of the associate jus

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tice next in precedence; and those issuing from a district court bear test of the judge, or when that office is vacant of the clerk thereof. All process issued from United States courts bear test from the day of such issue. The forms of mesne process and the forms and modes of proceedings in suits of equity and of admiralty and maritime jurisdiction in the circuit and district courts, are according to the principles, rules, and usages which belong to courts of equity and of admiralty respectively, except where it is otherwise provided by statute, or by rules of court made in pursuance thereof; but the same are subject to alteration and addition by the courts respectively, and to regulation by the Supreme Court by rules prescribed from time to time to any circuit or district court, not inconsistent with the laws of the United States. practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, conform as near as may be to those existing at the time in like causes, in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding. In common-law causes in the circuit and district courts the plaintiff is entitled to similar remedies, by attachment or other process, against the property of the defendant which are provided by the laws of the state in which such court is held for the courts thereof; and such circuit or district court may from time to time, by general rules, adopt such state laws as may be in force in the state where they are held in relation to attachment and other process, provided that similar preliminary affidavits or proofs, and similar security as required by such state laws, are first furnished by the party seeking such attachment or other remedy.

The party recovering a judgment in any common law cause in any circuit or district court is entitled to similar remedies upon the same, by execution or otherwise, to reach the property of the judgment debtor, as are provided in like causes by the state laws, which are adopted by general rules, as above described, by the circuit or district court. The Supreme

Court has power to prescribe from time to time, and in any manner not inconsistent with any law of the United States, the forms of writs and other process, the modes of framing and filing proceedings and pleadings, of taking and obtaining evidence, of obtaining discovery, of proceeding to obtain relief, of drawing up, entering, and enrolling decrees, and of proceeding before trustees appointed by the court, and generally to regulate the whole practice to be used in suits in equity or admiralty by the circuit and district courts. The several circuit and district courts may, from time to time, and in any manner not inconsistent with any law of the United States, or with any rule prescribed by the Supreme Court, make rules and orders directing the returning of writs and processes, the filing of pleadings, the taking of rules, the entering and making up of judgments by default, and other matters in vacation, and otherwise regulate their own practice, as may be necessary or convenient for the advancement of justice and the prevention of delays in proceedings.

Judgments and decrees rendered in a circuit or district court, within any state, cease to be liens on real estate or chattels real in the same manner and at like periods as judgments and decrees of the courts of such state cease by law to be liens thereon. When in a circuit court a plaintiff in an action at law originally brought there as a petitioner

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in equity, other than the United States, recovers less than the sum or value of $500, exclusive of costs, in a case which cannot be brought there unless the amount in dispute, exclusive of costs, exceeds said sum or value; or a libellant, upon his own appeal, recovers less than the sum or value of $300, exclusive of costs, he is not allowed, but at the discretion of the court may be adjudged to pay, costs. If in any suit against an officer or other person executing or aiding or assisting in the seizure of goods under any Act providing for or regulating the collection of duties on imports or tonnage, the plaintiff is nonsuited, or judgment passed against him, the defendant recovers double costs. no case are the fees of more than four witnesses taxed against the United States in the examination of any criminal case before a commissioner of a circuit court, unless their materiality and importance are first approved and certified to by the district attorney for the district in which the examination is had; and such taxation is subject to revision as in other cases. attorney, proctor, or other person admitted to conduct causes in any court of the United States, or of any territory, appears to have multiplied the proceedings in any cause before such court, so as to increase costs unreasonably and vexatiously, he is required by order of the court to satisfy any excess of costs so increased. Before any bill of costs is taxed by any judge or other officer, or allowed by any officer of the Treasury, in favour of clerks, marshals, commissioners, or district attorneys, the party claiming such bill proves 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

If any