Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-03-28


/ one Of such officers, who shall be known for tn
4 duties required of him under this act as tn
chief supervisor of elections of the judicial dis
I trict in and for which he shall be commission
err, and SHALL so long as faithful and capable
! discharge the duties in this act imposed ans
/ whose duty it shall be to prepare and furnish
! all necessary books, forms, blanks, and instruc
tons for the use and direction of the supervisor
/ of election in the several cities and towns u
| their respective DISTRICTS to receive the appll
cations of all parties for appointment to sucf
| positions; and upon the opening, as contem
plated in this act OF the circuit court for the u
! dicial circuit IN which the commissioner de-
| signated 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 supervisors of election; to re-
! auire of the supervisors of election, where ne
cessary, 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 rignt
to register or vote shall be honestly doubted to
be verified by proper inquiry and examination
at the respective places by them assigned rs
their residences; and to receive, preserve and
file all oaths of Office Of said supervisors of cleo
ton, and of all special deputy marshals APP
pointed under the provisions of this act and all
certificates, returns, reports and records of eve
nv kind and nature contemplated or made re-
quisite under and by the provisions of this act,
save where otherwise herein specially directed.
And IL Is hereby made the duty or 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, concerning, or affecting
the election of Representatives or Delegates to
the Congress OF the United States, to, from time
to time with all due diligence, forward to the
chief supervisor in and for their judicial dis
trict all complaints, examinations and records
pertaining thereto, and all oaths of Office By
them administered to any supervisor of election
i u Il
same may be properly preserved and fled
SEC. IA Afd belt further enacted That there
shall be allowed and paid to each chief supervi-
sor for his services, such officer, the follow
ing compensation, apart from and in excess of
all fees allowed by law for the performances of
any duty as circuit court commissioner: For
fling and caring for every. return, report, re-
cord, document, or other paper required to be
filed by him under any of the provisions of this
act ten cents; for affixing a seal to any 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 report, statement,
record, return or examination, for each folio
fifteen cents and for any copy thereof or of any
paper on file, 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 per-
form 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 madeout verified, examined and |
certified as in the case of accounts of commits |
sioners, save that the examination or certificate
required may be made by either the circuit or |
district judge.
SRC. Is. ASsd be It further enacted That the |
jurisdiction 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 person or property for
or on account of any act by him done under any
of the provisions of this act or the act hereby
amended, he shall be entitled to maintain stat
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. lind be IL further enactrd That in |
any case where suit or prosecution, civil or |
criminal shall be commenced in court of any |
State against any officer of the United States I
or other person, for or on account of any act I
done under the provisions of this act or under
color thereof, or for or on account of any right,
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 petition to the circuit court of the /
United States in and for the district in which |
the defendant shall have been served with pro-
cess setting forth the nature of said suit or pro-
secution, and verifying the said petition by affi-
dayit, together with 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 State, /
setting forth that as counsel for the petitioner 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, affidavit and i
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 fled in
said Office and the cause shall thereupon be en-
tered on the docket of said court, and shall be |
thereafter proceeded in as cause originally /
inthat court and it shall be the /
duty of the clerk of said court, if the suit was
in the court below by summons.
TO issue writ of certiorari to the State court
requiring said court to send to the said circuit
court the record and the proceeding in said
cause; or If it was commenced by capas, he
shall issue writ of habeas corpus cum causa
4 duplicate of which sad writshall be delivered
20 the clerk OF the State court or left at bis
office by the marshal of the district or his de-
putty, or some person duly authorized thereto;
md thereupon it shall be the duty of the said
State court to stay all further proceedings in
'uch cause, and the said salt or prosecution,
)on delivery of such process, or leaving the
ame as aforesaid, shall be deemed and taken to
DC moved to the said circuit court, and
my further proceedings, trisl or Judgment
herein in the State court shall be wholly null
md void and any person, whether an attorney
,r officer of any State court, or otherwise, who
hal thereafter take any STEP or in any manner
proceed in the State court in any action SO re-
moved shall be guilty of a misdemeanor and
liable to trial and punishment in the court to
which the action shall have heen removed. and
ipon. conviction thereof shall be punished by