CONGRESS, UNITED STATES. 



151 



a misdemeanor, and on conviction shall be punished 

 by imprisonment for not less than six months nor 

 more than one year, or by fine not less than $200 and 

 not exceeding $500, or by both fine and imprison- 

 ment, and shall pay the costs of prosecution. 



SEC. 12. And be it further enacted, That the mar- 

 shal, or his general deputies, or such special deputies 

 as shall be thereto specially empowered by him, in 

 writing and under his hand and seal, whenever he or 

 his said general deputies or his special deputies, or 

 either or any of them, shall be forcibly resisted in 

 executing their duties under this act, or the act hereby 

 amended T or shall, by violence, threats, or menaces, 

 be prevented from executing such duties, or from 

 arresting any person or persons who shall commit 

 any offence for which said marshal or his general or 

 his special deputies are authorized to make such 

 arrest, are, and each of them is hereby, empowered 

 to summon and call to his or their aid the by-standers 

 or posse comitatus of his district, and to require the 

 commanding officer of the nearest United States mili- 

 tary or naval force to detail and furnish forthwith a 

 sufficient portion of such military or naval force to 

 enable the said marshal or his deputies to discharge 

 their duties under this act and the act hereby amend- 

 ed. And it shall be the duty of such commanding 

 officer, upon such requisition being made, to obey it 

 without delay, and forthwith to detail and employ 

 the military or naval force of the United States under 

 his command in the aid of said marshal or his said 

 deputies, and under the direction of the said marshal, 

 or any or either of such of his deputies as are herein 

 empowered to make such requisition, to such extent 

 as may be necessary to enable said marshal or his 

 deputies to perform all the duties imposed on them 

 by this act or the act hereby amended. 



SEC. 13. And be it further enacted, That it shall be 

 the duty of each of the circuit courts of the United 

 States in and for each judicial circuit, upon the rec- 

 ommendation in writing of the judge thereof, to name 

 and appoint, on or before the 1st day of May, in the 

 year 1871, and thereafter, as vacancies may from any 

 cause arise, from among the circuit court commis- 

 sioners in and for each judicial district in each of said 

 iudicial circuits, one of such officers, who shall be 

 known for the duties required of him under this act 

 as the chief supervisor of elections of the judicial 

 district in and for which he shall be a commissioner, 

 and shall, so long as faithful and capable, discharge 

 the duties in this act imposed, and whose duty it 

 shall be to prepare and furnish all necessary books, 

 forms, blanks, and instructions for the use and di- 

 rection of the supervisors of election in the several 

 cities and towns in their respective districts, to re- 

 ceive the applications of all parties for appointment 

 to such positions, and, upon the opening, as contem- 

 plated in this act, of the circuit court for the judicial 

 circuit in which the commissioner so designated shall 

 act, to present such applications to the judge thereof, 

 and furnish information to said judge in respect to 

 the appointment by the said court of such super- 

 visors of election ; to require of the supervisors of 

 election, where necessary, lists of the persons who 

 may register and vote, or either, in their respective 

 election districts or voting precincts, and to cause 

 the names of those upon any such list whose right 

 to register or vote shall be honestly doubted, to be 

 verified by proper inquiry and examination at the re- 

 spective places by them assigned as their residences ; 

 and to receive, preserve, and file all oaths of office 

 of said supervisors of election, and of all special 

 deputy-marshals appointed under the provisions of 

 this act, and all certificates, returns, reports, and 

 records of every kind and nature contemplated or 

 made requisite under and by the provisions of this 

 act, save where otherwise herein specially directed. 

 And it is hereby made the duty of all United States 

 marshals and commissioners who shall in any judicial 

 district perform any duties under the provisions of 

 this act, or the act hereby amended, relating to, con- 



cerning, or affecting the election of Representatives 

 or Delegates in the Congress of the United States, to. 

 from time to time, and with all due diligence, for- 

 ward to the chief supervisor in and for their judicial 

 district all complaints, examinations, and records 

 pertaining thereto, and all oaths of office by them 

 administered to any supervisor of election or special 

 deputy-marshal, in order that the same may be prop- 

 erly preserved and filed. 



SEC. 14. And be it further enacted, That there shall 

 be allowed and paid to each chief supervisor, for his 

 services as such officer, the following compensation, 

 apart from and in excess of all fees allowed by law 

 for the performance of any duty as circuit court com- 

 missioner : for filing and caring for every return, re- 

 port, record, document, or other paper required to 

 be filed by him under any of the provisions of this 

 act, ten cents ; for fixing a seal to anv paper, record, 

 report, or instrument, twenty cents ; for entering and 

 indexing the records of his office, fifteen cents per 

 folio ; and for arranging and transmitting to Congress, 

 as provided for in section seven of this act, any re- 

 port, statement, record, return, or examination, for 

 each folio, fifteen cents ; and for any copy thereof, 

 or of any paper on file, a like sum. And there shall 

 be allowed and paid to each and every supervisor of 

 election, and each and every special deputy-marshal 

 who shall be appointed and shall perform his duty 

 under the provisions of this act, compensation at the 

 rate of five dollars per day for each and every day he 

 shall have actually been" on duty not exceeding ten 

 days. And the fees of the said chief supervisors 

 shall be paid at the Treasury of the United States, 

 such accounts to be made out, verified, examined, 

 and certified as in the case of accounts of commis- 

 sioners, save that the examination or certificate re- 

 quired may be made by either the circuit or district 

 judge. 



SEC. 15. And le it further enacted, That the juris- 

 diction of the circuit court of the United States shall 

 extend to all cases in law or equity arising under the 

 provisions of this act or the act hereby amended ; 

 and if any person shall receive any injury to his per- 

 son or property for or on account of any; act by him 

 done under any of the provisions of this act or the 

 act herebv amended, he shall be entitled to maintain 

 suit for damages therefor in the circuit court of the 

 United States in the district wherein the party doing 

 the injury may reside or shall be found. 



SEC. 16. And be it further enacted, That in any case 

 where suit or prosecution, civil or criminal, shall be 

 commenced in a court of any State against any officer 

 of the United States, or other person, for or on ac- 

 count of any act done under the provisions of this 

 act, or under color thereof, or for or on account of 

 any right, authority, or title set up or claimed by 

 such officer or other person under any of said pro- 

 visions, it shall be lawful for the defendant in such 

 suit or prosecution, at any time before trial, upon a 

 petition to the circuit court of the United States in 

 and for the district in which the defendant shall have 

 been served with process, setting forth the nature of 

 said suit or prosecution, and verifying the said peti- 

 tion by affidavit, together with a certificate signed 

 by an attorney or counsellor-at-law of some court of 

 record of the State in which such suit shall have been 

 commenced, or of the United States, setting forth 

 that as counsel for the petition he has examined the 

 proceedings against him, and has carefully inquired 

 into all the matters set forth in the petition, and that 

 he believes the same to be true ; which petition, affi- 

 davit, and certificate shall be presented to the said 

 circuit court, if in session, and if not, to the clerk 

 thereof at his office, and shall be filed in said office, 

 and the cause shall thereupon be entered on the 

 docket of said court, and shall be thereafter pro- 

 ceeded in as a cause originally commenced in that 

 court ; and it shall be the duty of the clerk of said 

 court, if the suit was commenced in the court below 

 by summons, to issue a writ of certiorari to the State 



