Page:United States Statutes at Large Volume 18 Part 3.djvu/366

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336 FORTY-THIRD CONGRESS. Sess. II. `GH. 114. 1875. ` Be it enacted by the Senate and House of Representatives of the Equal enjoyment States of America in Congress assembled, That all persons within the or inns, pub1i¤¤o¤— jurisdiction of the United States shell be entitled to the full and equal X€g“¤°°°· *h°“*°“’¤ enjoyment of me accommodntionshadvanttaggedhfacglities, alnelzlpuvileges ' ‘ of inns, public conveyances on an or wa r, ca rs, an 0 er p aces of publié) amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previou condition of servitude. _ rmtestw person Sec. 2. That any person who shall violate the foregoing section by ¤s<»‘¥l¢*f{°d bp; *1** denying to any citizen, except for reasons by law applicable to citizens

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Dtf)‘}"f¤1‘Q‘;1 of every race and color, and regardless of any previous condition of

&c_ seryitude, the full enioyment of any of the accommodations, aclvanteges, iucilities, or privileges in said section enumerated, or by aiding or incit ing such denial, shall, for every such offense, forfeit and pay the sum of tive hundred dollars to the person aggrieved thereby, to be recovered in an action of debt, with full costs; and shall also, for every such pu,,;,,l,mmt for offensc be deemed guilty of ei misdemeanor, und, upon conviction uenying,&c. thereof; shall be fined not less than tivo hundred nor more than one thousand dollars, or shall be imprisoned not less than thirty days nor cdE;¤¤*»i¢>¤ of wm- moreqithan one ygar: £Pr<wided,dThatl alltpersonsgnay ielect tosue for the · penn y a oresai or o procee un er eir mg s a common aw an by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred. But this proviso shall not apply to criminal proceedings, either under Effect of r¤c<>v— this act or the criminal law of any State: And provided further, That a °“°“· judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bur to either prosecution respectively. m“·lz·i¤;li]¤(;;<;¤¤t h Sec. 3.1Tha.t]thofdiTrict‘and circlpit courtsloté the United States Skull ave exc usive y o t o courts 0 the severa tates. co nizance o a. m' crimes and oiienses against, and violations of, the provisigns of this act; and actions for the penalty given by~the preceding section may be prosccuted in the territorial, district, or circuit courts of the United States wherever the defendant may be found, without regard to the other party · Duty of district and the district attorneys, marshals, end deputy marshals of the United

 c  States, and commissioners appointed by the circuit and territorial courts

6,0,,,,;,5 mm ms of the¥United States, glith powershoflemesgirég and imprisoning or NH1- not ing 0 en ers against e laws o the United States are here s ecia authorized and required to institute proceedings lagainst everypperscg who shall violate the provisions of this act; and cause him to be arrested and imprisoned or bailed, as the case may be, for trial before such court of the United States, or territorial court, as by law has cognizunce of the ofense, except in respect of the right of action accruing to the per- _ _ _ son aggrieved; and such district attorneys shall cause such proceedings

 to be prosecuted t0_ their termination as in_other cases: Provided, That

nothing contained m_tlns section shall be construed to deny or defeat Fmmm of dis- gy right of civil action accruing to_ any person, whether by reason of

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Pmccum every such offense, forieit and pay the sum of five hugdred ,dollars to the person aggrieved thereby, to be recovered by an action of debt, with iull costs, and shall, on conviction thereof, be deemed guilty of zu. ` _ inisdemeanor, and be fined not less than one thousand nor more than mghiqcugisglgg: five thousand dollnrs: And provided further, That a, judgrnent for the um m*;)mcy_ penalty in favor of the party aggrieved against any such district att0r· ney, or a Judgment upon an indictment against any such district attor- _ ney, shell be a bar to either prosecution respectively. E0E};§;*;;;;rOf*°¤ Sec. 4. That no citizen possessing all other qualifications which are · or may he prescribed by lp.; slgnllwbg élggqualitied for éservice as gram; orpe Juror in anycour o e ni e tes oro an tate, on accoun ot race, color, or previous condition of servitude ; gud any officer or penalty fo, cx, other person charged with any duty in the selection or summoning Gf cludiug,&o. Jurors who shall exclude or fuil to summon any citizen for the cause