their accounts at the treasury. (Rev. Stats. sec. 856.) Note.

"Cases where the United States are liable to pay" refer to other than suits where the fees are collected from antagonists of the government. (U. S. v. Cigars, 37 Leg. Int. 237.) When officers collect fees in revenue cases, they may retain and account for them in their semi-annual returns. (U. S. v. Cigars, 37 Leg. Int. 237.) Fees in cases where United States are liable to pay the same shall be paid on settling accounts at the treasury. (In re U. S. v. Cigars, 2 Fed. Rep. 495.)

$334. Fees, how recovered.-The fees and compensations of the officers and persons herein before mentioned, except those which are directed to be paid out of the treasury, shall be recovered in like manner as the fees of the officers of the States respectively for like services are recovered. Stats. sec. 857.)

(Rev.

Fees, how collected. This section provides for officers retaining their fees. (In re U. S. v. Cigars, 2 Fed. Rep. 495.) The fees other than those which are to be paid out of the treasury are those which are taxed and collected in suits; and these are to be recovered as like fees are recovered by similar officers of the State. (In re U. S. v. Cigars, 2 Fed. Rep. 496.) If there were no other mode of payment provided by law, under this section the services of the marshal upon the arrest of a vessel might be deemed covered by the statutory expression "like serv. ices." But under the law and practice of New York, the sheriff's fees must be paid at the time by the person who receives the property, and this rule is applicable to the marshal's fees. A similar rule has long existed in the English admiralty practice. (The Georgiana, 31 Fed. Rep. 405.)

§ 335. Suit by a poor person, costs and counsel.-Any citizen of the United States, entitled to commence any suit or action in any court

of the United States, may commence and prosecute to conclusion any such suit or action without being required to prepay fees or costs, or give security therefor before or after bringing suit or action, upon filing in said court a statement under oath, in writing, that, because of his poverty, he is unable to pay the costs of said suit or action which he is about to commence, or to give security for the same, and that he believes he is entitled to the redress he seeks by such suit or action, and setting forth briefly the nature of his alleged cause of action.

§ 336. Affidavit when demand for fees, etc., is made.-After any such suit or action shall have been brought, or that is now pending, the plaintiff may answer and avoid a demand for fees or security for costs by filing a like affidavit, and willful false swearing in any affidavit provided for in this or the previous section shall be punishable as perjury is in other cases.

§ 337. Process, etc., to issue. The officers of court shall issue, serve all process, and perform all duties in such cases, and witnesses shall attend as in other cases, and the plaintiff shall have the same remedies as are provided by law in other cases.

§ 338. Assignment of counsel-Costs on judgment.-The court may request any attorney of the court to represent such poor person, if it deems the cause worthy of a trial, and may dismiss any such cause so brought under this act if it be made to appear that the allegation of poverty is untrue, or if said court be satisfied that the alleged

FED. PROC.-55.

cause of action is frivolous or malicious.

Judg

ment may be rendered for costs at the conclusion of the suit, as in other cases. Provided, that the United States shall not be liable for any of the costs thus incurred. (27 U. S. Stats. 252.)

§ 353.

Jurors not to be summoned oftener than once in two years.

§ 354.

355.

Challenges.

Grand juries of district courts may act in cases cognizable in circuit courts.

§ 356. Challenges in summary trials.

§ 357. Grand and petit jurors.

§ 358. Rules in particular states.

§ 339. Jurors, qualifications and selection of.-Jurors to serve in the courts of the United States in each State respectively, shall have the same qualifications subject to the provisions hereinafter contained, and be entitled to the same exemptions, as jurors of the highest court of law in such State may have and be entitled to at the time when such jurors for service in the courts of the United States are summoned; and they shall be designated by ballot, lot, or otherwise, according to the mode of forming such juries then practiced

in such 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 court may, by rule or order, conform the designation and impanneling 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. (Rev. Stats. 800.)

Note. See United States v. Rose, 6 Fed. Rep. 136.

Qualifications of juror.-Qualifications relate to the juror personally as to age, property, or citizenship (U. S. v. Collins, 1 Woods, 499), and not to special reasons, which, if they exist, do not disqualify the juror. (U. S. v. Williams, 1 Dill. 485.) This section relates to qualifications which are requisite according to the law and practice of the respective States. (U. S. v. Insurgents, 2 Dall. 335; U. S. v. Collins, 1 Woods, 499; U. S. v. Wilson, 6 McLean, 604; U. S. v. Gardner, 5 Chic. L. N. 501; Ú. S. v. Coit, 1 Car. Law Rep. 364; contra, U. S. v. Price, 3 Hall L. J. 121.) The placing of a man's name on the tax-book implies only the qualification of being a tax payer. (U. S. v. Collins, 1 Woods, 499.) Persons exempt are not thereby disqualified. (U. S. v. Gardner, 5 Chic. L. N. 50.) It is not necessary that the rule specify the qualifications, as jurors may be objected to by challenge (U. S. v. Collins, 1 Wood, 499), according to the practice under the State law (U. S. v. Douglass, 2 Blatchf. 207; U. S. v. Reed, 2 Blatchf. 435; U. S. v. Tallman, 10 Blatchf. 21; U. S. v. Tuska, 14 Blatchf. 5), unless act of Congress expressly provides for peremptory challenges (U. S. v. Shackelford, 18 How. 588), as this section does not relate to peremptory challenges (U. S. v. Devlin, 6 Blatchf. 71; U. S. v. Douglass, 2 Blatchf. 207.) The court may direct the summoning of any number of jurors (U. S. v. Insurgents, 2 Dall. 335; U. S. v. Fries, 3 Dall 515; U. S. v. Dow, Taney, 34); and they should be selected from the district at large. (U. S. v. Woodruff, 4 McLean, 105.) If a juror becomes sick after an opening statament he may be discharged and another selected, if that is allowable