Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-02-08

the person aggrieyed thereby, to be recovered IN
an action Of debt with full COSTS and shall al
so, for every such offence, be deemed guilty OF
ruisdemeenor, and upon conviction thereof, shau
be fined not less than 5000 nor more than sioOo
or shall be imprisoned not less than thirty days
and no more than Que year; provided, that al
persons may elect to sue for the penalty Aforesaid
or to proceed under their rights at common law
and by State statutes, and, having so elected &c
proceed on the one mode or other, their rlSht &c
proceed in the other jurisdiction shall be barred,
but this proyiso shall not apply to criminal pro
cecdings either under this act or the cInlnal law
of any State; and provided further tha' luaS
ment for penalty in favor OF the party aggricved
or Judgment upon an indictment snail DE a oai
to either prosecution respectively
SECT. 5. That the district and circuit courts OF
the United States shall have, exclusively Of the
courts of the several states, cognlzance OF an
crimes and offences against and violations OF the
provisions of this act, and actions for the penalty
given by the preceding action may be prosecuted
in the territorial, district OF circuit courts OF the
United States, wherever the defendant may be
found, without regard to the other party; and the
district ATTORNEYS, marshats and deputy marshals
of the United States, and the commissioners ap-
pointed by the cieuit and territorial courts of the
United States, with powers of arrestng and i'm
prsoning or bailng offenders against the laws OF
the United States, are hereby especially author
lied and required to institute proceedings against
every person who shall violate the provisions OF
this act and cause him to be arrested and ilprs-
oned or bailcd, as the case may be, for triai be-
fore such q court of the nited States or tcrlor-
ial court by law has cognizance Of the offence,
except in respect Of the right of action accruing to
the person aggrieved; and such district attorneys
shall cause such proceedings to be prosecuted to
their termination in other cases; provided, that
nothing contained in this section shall be CON
strued 10 deny or defeat any right of civil action
accruing TO any person, whether by reason of this
act or otherwise and any district attorney who
shall wilfuly fail to institute and prosecute the
proceedings herein required shall, for every such
offence forfeit and pay the sum of 500 to the
aggrieved thereby, to be covered by an action OF
deb. with full costs, and shall conviction there
of be deemed guilty OF a misdemcanor, and be
fined not less than $1,000, or more than 5000 and
provided further that a judgment for the penalty
in favor OF the party aggricved a@ainst any such
district attorney, or Judgment up,n au indict-
ment against any such district attorney, shall be
bar to either prosecution respectively.
SECT. 4. That no citizen possessing ali other
qualifications which have been or may be pre-
scribed by law shall be disqualified for service a.
grand or petit juror in any court OF the ntcd
States, or OF any State, on account OF rae, Color
OF previous condition of servltuCe, and any officer
or other person charged with any duty in the Sc
lection or summoning Of jurors who shall exclude
or fail to summon any person for the cause atore
said SHALL on conviction thereof, be deemed guilty
OF misdelneanor, and be fined not more thar
$1,000.
SECT s. That all cases arising under the pro
visions of this act, in the courts of the Unitet
States, shall be renewable by the Supreme Cour
of the United States, without regard to the sum il
the controversy, under the same provisions an'
regulations as are now provided by law for tn
rpyipw of other SAID court,