In equity and admiralty causes only the process, pleadings, and decree, and such orders and memorandums as are necessary to show the jurisdiction of the court and regularity of the proceedings, are entered upon the final record. HABEAS CORPUS. The Supreme Court and the circuit and district courts have power to issue writs of habeas corpus. The several justices and judges of these courts, within their respective jurisdictions, have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of restraint of liberty. The writ in no case extends to a prisoner in jail, unless where he is in custody under or by colour of the authority of the United States, or is committed 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 subject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission or order or sanction of any foreign state, or under colour thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify. Application for writ of habeas corpus is made to the court or judge or justice authorised to issue it, by complaint in writing signed by the person 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 forth in the complaint must be verified by the oath of the person making the application. The court or justice or judge to whom the application is made forthwith awards a writ, unless it appears from the petition itself that the party is not entitled thereto. The writ is directed to the person in whose custody the party is detained. When the writ is returned, a day, not later than five days thereafter, is set for the hearing, unless the party petitioning requests a longer time. The facts of the case are determined summarily. When a writ of habeas corpus is issued in the case of any prisoner who, being a subject or citizen of a foreign state 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 an alleged right, title, authority, privilege, protection, or exemption claimed under the commission or order or sanction of any foreign state, or under colour thereof, the validity and effect whereof depend upon the law of nations, notice of the said proceeding, to be prescribed by the court or justice or judge at the time of granting the writ, is served on the AttorneyGeneral or other officer prosecuting the pleas of the said state, and due proof of such service is made before the hearing. From the final decision of any court, &c., an appeal may be taken to the circuit court for the district in which the cause is heard in the case (1) 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) of any alien prisoner. An appeal may be taken from the final decision of such circuit court as to alien prisoners to the Supreme Court. These appeals are taken on such terms and under such regulations and orders as well for 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 proceeding, as may be prescribed by the Supreme Court, or in default thereof by the court or judge hearing the cause. Pending the proceedings or appeal, and until final judgment therein, and after final judgment 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 such writs of habeas corpus, are deemed null and void. DISTRICT ATTORNEYS, MARSHALS, CLERKS, DEPUTIES, ETC. Every district, with two or three exceptions, has a district attorney, who is appointed for the term of four years, and is sworn to a faithful discharge of the duties of his office. It is the duty of every district attorney to prosecute in his district all delinquents for crimes and offences cognisable under the authority of the United States, and all civil actions in which the United States are concerned; and, unless otherwise instructed by the Secretary of the Treasury, to appear in behalf of the defendants in all suits or proceedings pending in his district against collectors or other officers of the revenue for any act done by them, or for the recovery of any money exacted by or paid to such officers, and by them paid into the Treasury. Every district attorney, on instituting any suit for the recovery of any fine, penalty, or forfeiture, immediately transmits to the Solicitor M of the Treasury a statement thereof. Immediately after the end of every term of the circuit and district courts for his district, the district attorney forwards to the Solicitor of the Treasury, except as after stated, a full and particular statement, accompanied by the certificate of the clerks of said courts respectively, of all causes pending in said courts, and of all causes decided therein during such term, in which the United States are party. He also, on the first day of October in each year, makes a return to said solicitor of the number of suits and proceedings commenced, pending, and determined within his district during the fiscal year next preceding the date of such return, showing the date when such proceeding or suit in each case was commenced. If the termination thereof has been delayed or continued beyond the usual or reasonable period, the reasons must be set forth, and a statement must be made of the measures taken by the district attorney to press the same to a close. When any suit or proceeding arising under the internal revenue laws to which the United States are party, or any suit or proceeding against a collector or other officer of the internal revenue wherein a district attorney appears, is commenced, the attorney for the district in which it is brought immediately reports to the Commissioner of Internal Revenue the full particulars relating to the same, and, immediately after the end of each term of the court in which such suit or proceeding is pending, forwards to the Commissioner a full and particular statement of its condition. Each district attorney, immediately after the end of every term in which any suit for moneys due on account of the PostOffice Department has been pending in his district, forwards to the Department of Justice a statement of any judgment or order made or step taken in the same during such term, accompanied by a certificate of the clerk showing the parties to and amount of every such judgment, with such other information as the Department of Justice may require; and he directs speedy and effectual execution upon such judgment; and the United States marshal, to whom the same is directed, makes returns of the proceedings thereon to the Department of Justice at such times as it may direct. A marshal is appointed to nearly every district, and he may appoint one or more deputies, who are removable from office by the judge of the district court or by the circuit court for the district, at the pleasure of either. Every marshal and deputy marshal, before he enters upon the duties of his appointment, takes, before the district judge of the district, an oath or affirmation in the prescribed terms. And every marshal has also, before entering upon the duties of his office, to give bonds before the district judge of the district, jointly and severally with two good and sufficient sureties, inhabitants and freeholders of such district, to be approved by said judge, in the sum of $20,000, for the faithful performance of said duties by himself and his deputies. This bond is filed and recorded in the office of the clerk of the district court or circuit court sitting within the district, and copies thereof, certified by the clerk, under the seal of the court, are competent evidence in any court of justice. In case of a breach of the condition of a marshal's bond, any person thereby injured may institute in his own name, and for his sole use, a suit on said bond, and thereupon recover such damages as are legally assessed, with costs of suit, for which execution may issue for him in due form. If such party fails to recover in the suit, judgment is rendered, and execution may issue against him for costs in favour of the defendant, and the United States are in no case liable for the same. The bond remains still as security for the benefit of any person injured by breach of the condition of the same until the whole penalty has been recovered. Such suits must be commenced within six years after the right of action accrues, saving, nevertheless, the right of infants, married women, and insane persons, SO that they sue within three years after their disabilities are removed. It is the duty of the marshal of each district to attend the district and circuit courts when sitting therein, and to execute throughout the district all lawful precepts directed to him and issued under the authority of the United States; and he has power to command all necessary assistance in the execution of his duty. The marshal and deputies 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 by law in executing the laws thereof. In case of the death of any marshal, his deputy or deputies continue in office, unless otherwise specially removed, and execute the same in the name of the deceased until another marshal is appointed and duly qualified. The defaults or misfeasance in office of such deputies in the meantime are 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 has like remedy for the defaults and misfeasance in office of the deputies during such interval as the marshal would be entitled to if alive. Every marshal or his deputy when removed from office, or when his term of office has expired, has power notwithstanding to execute all such precepts as may be in their hands respectively at the time of such removal or expiration of office; fixed, and with sureties to be approved by the court which appoints him, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court of which he is clerk; and a new bond may be required whenever the court deems it proper. A copy of every such bond and the marshal is held responsible | every court gives bond in a sum to be for the delivery to his successor of all prisoners who may be in his custody at the time of his removal or when his term of office expires; and for that purpose he may retain such prisoners in his custody until his successor is appointed and duly qualified. Within thirty days before the commencement of each term of the circuit and district courts in his district, every marshal makes returns to the solicitor of the Treasury of the proceedings had upon all writs of execution or other process which have been placed in his hands for the collection of moneys adjudged and decreed to the United States in the said courts respectively, and he makes returns to the auditor of the Treasury for the Post-Office Department, at such times as he may direct, of the proceedings which have taken place upon any execution upon a judgment in any suit for moneys due on account of the Post-Office Department directed to him. pointment made by the justice is in writing, which is filed in the clerk's office of the circuit court, and a copy thereof is entered upon the journals of said court. Any marshal so appointed gives bond as if appointed by the President, and the bond is approved by the justice. It is then filed in the clerk's office, and a copy entered on the court's journal. The clerk of the Supreme Court, and every clerk and deputy clerk of a circuit or district court, before he enters upon the execution of his office, takes an oath or affirmation de fideli administratione officii. The clerk of is entered on the journal of the court for which he is appointed, and the bond is deposited for safe keeping as the court may direct. A certified copy of such entry is prima facie proof of the execution of the bond and of the contents thereof. Any circuit or district court may require any deputy clerk thereof to give bond to the United States for the faithful discharge of his duty as such deputy, in the same penalty, and with surety in the same manner, as is required by law of clerks; and such bond is recorded and preserved in like manner. But the taking of such bond does not affect the legal responsibility of the clerk for the acts of such deputy. Every clerk of a circuit or district court, within thirty days after the adjournment of each term thereof, forwards to the solicitor of the Treasury a list of all judgments and decrees to which the United States are parties, which have been entered in said court respectively during such term, showing the amount adjudged or decreed in each case for or against the United States, and the term to which execution thereon will be returnable. At each regular session of any court of the United States, the clerk presents to the court an account of all moneys remaining therein or subject to its order, stating in detail in what causes they are deposited, and in what causes payments have been made; and said account and the vouchers thereof are filed in the court. The clerks of the district and circuit courts may, in the absence or in case of the disability of the judges, administer oaths to all persons identifying papers found on board of vessels or elsewhere to be used on trials in admiralty causes. JURIES. Jurors to serve in the courts of the United States, in each state respectively, have the same qualifications, subject to the provisions after stated, and are entitled to the same exemptions as jurors of the highest court of law in the state may have and are entitled to at the time when such jurors for service in the United States courts are summoned; and they are designated by ballot, lot, or otherwise, according to the mode of forming juries then practised in the state court, so far as such mode may be practicable by the courts of the United States or the officers thereof. And for this purpose the said courts may by rule or order conform the designation and impanelling of juries in substance to the laws and usages relating to jurors in the state courts from time to time in force in such state. Jurors are returned from such parts of the district from time to time as the court directs, so as to be most favourable 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. Writs of venire facias when directed by the court issue from the sheriff's office, and are served and returned by the marshal or 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 person as may be specially appointed for that purpose by the court, who administers to him an oath that he will truly and impartially serve and return the writ. When, from challenges or otherwise, there is not a petit jury to determine any civil or criminal cause the marshal or his deputy, by order of the court in which such defect of jurors happens, returns jurymen from the bystanders sufficient to complete the panel; and, when the marshal or his deputy is disqualified as aforesaid, jurors may be so returned by such disinterested person as the court may appoint, and such person is sworn as described. When special juries are ordered in any circuit court, they are returned by the marshal in the same manner and form as is required in such cases by the laws of the several states. Every grand jury impanelled before any district or circuit court consists of not less than sixteen nor more than twenty-three persons. If of the persons summoned less than sixteen attend they are placed on the grand jury, and the court orders the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. 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 makes a like order to the marshal to summon a sufficient number of persons for that purpose. From the persons summoned and accepted as grand jurors the court appoints the foreman, who has power to administer oaths and affirmations to witnesses appearing before the grand jury. No grand jury is summoned to attend a circuit or district court unless a judge thereof, in his own discretion, or upon a notification by the district attorney that such jury will be needed, orders a venire to issue therefor. And either of these 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 |