The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-03-27
TPUBLIc-No. Ill

AN ACT in amendment Of the acts respecting the
Judicial System of the United States.
Be It enacted bg the Senate and House Of RspreSen
ntires Ce United States Of Amerea IN Congress as
semGted, That where, in any suit at law or IN
equity, commenced in any court OF the Unhed
States, there shall be several defendants any one
or more of whom shall not be inhabitants OF or
found within the district where the suit is brought
shall not voluntarily appear thereto II shall be
lawful for the court to entertain jurisdiction, and
proceed to the trial and adjudication OF such suit,
between the parties who may be properly before
il but the Judgment or decree rendered therein
shall not conclude or prejudice other parties, not
regularly served with process, or not voluntarily
appearing TO answer; and the nonloinder oi par
ties who are not 50 inhabitants, or found within
the district, shall constitute no matter OF abatement,
or other objection TO said suit.
Sec. 9 Ind be IL further enacted That all the
circuit courts of tho United States shall have tho
appointment of their own clerks and IN of n
disagreement between the judges, the appointment
shall be made by tho presiding Judge OF the court.
Sec B. And be Il further enacted, That all pc
cuniary penalties and forletures nccrulng under. the
laws of the United States may be sued for and re
covered in any court Of Incompetent jurisdiction ia
the State district where such penalties forfeit.
nres have accrued or in which the offender or of.
Tenders may be found.
Sec. 4. And be it further enacted That no suit
prosecution shall bo maintained for any penalty
or forfeiture, pecunlnfy accfulng
der the laws OF the United States, unless tho
suit or prosecution shall be commenced within five
years from the time when the penalty forfeiture
accrued Pr0pidcd, The person of the offender or
the property liable for such penalty or forfei ture
shall within tho same period, be found within the
United Sta,es that the proper process may be
instituted and served sgainst such person proper
~ therefor.
Sec. s. And be it further enacted. That tho pun
shmnn, Of whipping and the punishment of standing
in tho pillory so far they now are provided for by
the laws of the United States, be, and the same
hereby abolished.
Sec. g. Ind be further enacted, That in all ca
ses OF recognlzances in criminal causes takon for
ill., or returnabIe to- the courts Of the United States,
which shall be forfeited by breach of the condition
theres, the said court for in which tho shall
be roturnabe, shall have authority i'll their discretion
10 remit the whole part of the penalty whenev
it shall appear to the court that there has been
wiliu default of the parties aud that trial
viths,andlng be had in the cause, aud that public
justice does not otherwise require the penalty
TO be cNacted or enforced.
See. Z. And be 1t further enacted, That the sec.
ond section Of the act OF Congress, passed the
twenty-nin,h day Of April one thousand eight hun
dred aud two. which makes ii the duty of the asso-
ciate justice Of the Supreme Court resident IN the
fourth circuit, to attend in the city of Washington,
on he first Monday of August annually, To make or
ders respecting the business of the Supreme Court,
b., aud the same is, hereby, repealed.
Sec. 8. And be il further enacted, That in lall
suits aud actions in any circuit court of the United
States in which it shall appear that both the Judges
thereof or the judge thereof, who is solely compe-
tent by law to try the same, shall be any ways CON
cerned in interest therein, or shall have been Of
counsel for either party us to render it improper
for him or them, in hls or their OPINION 10 sit in
the trial of such suit or action il Shall be the duty
ofsuch Judge or judges, on application of either
party to cause the fact to'be entered on the records
OF the court and also 10 make an order that an au
thenticated copy thereof with all the proceedings
in such suit or action, shall be forthwith certified "a
the most convenient circuit court in the next ad ia
cent State, or in the next djacent circuit which
circuit court shall, upon such record and order be
ing filed with the clerk thereof, take cognizanc,
thereof in the as if such suit or actor
had been righlfully and originally commenced
therein. and shall proceed 10 hear and determn,
the same accordingly. and the proper process 70
the due execution of the Judgment or decree ren
dered therein, shall run into and NAV be execute,
in the district where such judgment or decree wa
rendered, and also, in the district from which sucl
suit or action was removed.
APPROVED, February 2stb, 1899