of the circuit at least once every two years. There are at least two circuit judges in each circuit." By various special acts the number of judges in the first, third, fifth, sixth and ninth circuits have been increased to three, and in the second, seventh and eighth circuits to four. Circuit Courts can be held by the circuit justice, or by the circuit judge of the circuit, or by the district judge of the district sitting alone, or by any two of the said judges sitting together. The Chief Justice and the associate justices of the Supreme Court assigned to each circuit, and the circuit judges within each circuit, and the several district judges within each circuit, shall be competent to sit as judges of the Circuit Court of Appeals in their respective circuits. The full court consists of three of the above named judges, the district judges sitting in case of absence of judges of higher rank. In case a judge of the Supreme Court is in attendance such judge acts as presiding judge, otherwise this position is filled by the Circuit Court judges in order of the seniority of their respective commissions.10 Rev. Stats., 610. 'Rev. Stats., 607, and act of March 3, 1891, cl. 571. See 24 U. S. Stats., 492; 28 U. S. Stats., 643; 28 U. S. Stats., 115; 28 U. S. Stats., 665, and other acts. • Rev. Stats., 609; Ex parte Kaine, 10 N. Y. (Legal Obs.), 257; Fed. Cas. No. 7598; Pollard vs. Dwight, 4 Cranch, 421; In re Circuit Court, 1 Dill, 1; Fed. Cases, No. 2728. 10 26 U. S. Stats., Sec. 3, Clauses 1 and 2. CHAPTER II. THE DISTRICT COURTS. SECTION 4. STATUTORY PROVISIONS. The United States statutes give the district courts of the United States jurisdiction: First. Of all crimes and offenses cognizable under the authority of the United States, committed within their respective districts, or upon the high seas, the punishment of which is not capital, except in the cases mentioned in section fifty-four hundred and twelve (Revised Statutes), title "Crimes." 1 Second. Of all cases arising under the act for the punishment of piracy, when no Circuit Court is held in the district of such court.2 Third. Of all suits for penalties and forfeitures incurred under any law of the United States.3 Fourth. Of all suits at common law brought by the United States, or by any officer thereof, authorized by law to sue.* Fifth. Of all suits in equity to enforce the lien 1 United States vs. Randolph, Fed. 133; The Waterloo, Blatchf. & • Ducan vs. United States, 7 Peters, 450; Stanton vs. Wilkson, 8 Ben., 357; Fed. Cas. No. 13,299; Platt vs. Beach, 2 Ben., 303; Fed. Cas. No. 11,215; Henry vs. Sawles, Dist. Ct. Vt., 28 Fed. Rep., 481; State of Tennessee vs. Hill, 22 U. S. App., 1; 60 Fed. Rep., 1005. of the United States upon any real estate, for any internal revenue tax, or to subject to the payment of any such tax any real estate owned by the delinquent, or in which he has any right, title or interest. Sixth. Of all suits for the recovery of any forfeiture or damages under section thirty-four hundred and ninety (Revised Statutes), title "Debts due by or to the United States;" and such suits may be tried and determined by any district court within whose jurisdictional limits the defendant may be found. Seventh. Of all causes or actions arising under the postal laws of the United States." Eighth. Of all civil causes of admiralty and maritime jurisdiction; saving to suitors in all cases the right of a common law remedy, where the common law is competent to give it; and of all seizures on land and on waters not within admiralty and maritime jurisdiction. And such jurisdiction shall be exclusive, except in the particular cases where jurisdiction of such causes and seizures is given to the Circuit Courts. And shall have original and exclusive cognizance of all prizes brought into the United States, except as provided in paragraph six of section six hundred and twenty-nine. Ninth. Of all proceedings for the condemnation of property taken as prize, in pursuance of section fifty-three hundred and eight (Revised Statutes), title, "Insurrection." Tenth. Of all suits by the assignee of any debenture for drawback of duties issued under any law for the collection of duties against the person for whom debenture was originally granted, or against any In re Palliser, 136 U. S., 257. • See notes Nos. 41 to 56. indorser thereof to recover the amount of such debenture. Eleventh. Of all suits authorized by law to be brought by any person for the recovery of damages on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States by an act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty-five (Revised Statutes), title, "Civil rights." Twelfth. Of all suits at law or in equity authorized by law to be brought by any person to redress the deprivation under color of any law, ordinance, regulation, custom, or usage of any State, of any right, privilege, or immunity secured by the Constitution of the United States, or of any right secured by any law of the United States to persons within the jurisdiction thereof. Thirteenth. Of all suits to recover possession of any office, except that of elector of President or Vice-President, Representative or Delegate in Congress, or member of a State Legislature, authorized by law to be brought, wherein it appears that the sole question touching the title to such office arises out of the denial of the right to vote to any citizen offering to vote, on account of race, color, or previous condition of servitude; Provided, That such jurisdiction shall extend only so far as to determine the rights of the parties to such office by reason of the denial of the right guaranteed by the Constitution of the United States, and secured by any law, to enforce the rights of citizens of the United States to vote in all the states. Fourteenth. Of all proceedings by the writ of quo warranto, prosecuted by any district attorney, for the removal from office of any person holding office, except as a member of Congress, or of a State Legislature, contrary to the provisions of the third section of the fourteenth article of amendment of the Constitution of the United States. Fifteenth. Of all suits by or against any association established under any law providing for national banking associations within the district for which the court is held." Sixteenth. Of all suits brought by any alien for a tort "only" in violation of the law of nations, or of a treaty of the United States. Seventeenth. Of all suits against consuls or viceconsuls, except for offenses of the description aforesaid.8 Eighteenth. The district courts are constituted courts of bankruptcy, and shall have in their respective districts original jurisdiction in all matters and proceedings in bankruptcy. SECTION 5. DECISIONS AND NOTES ON THE JURISDICTION OF THE DISTRICT COURTS. The most important classes of civil cases over which the District Courts take jurisdiction are admiralty and bankruptcy cases, both of which have been already referred to under the subject of Constitutional Law. The Federal Bankruptcy Act has been given in full in a previous volume.10 The question of the exclusiveness of the admiralty jurisdiction vested in the District Courts was considered by the Supreme Court of the United States in the case |