Columbus Democrat., 1839-04-06
JAMES K. POLK.
[Punf.Ic---Nn. LII

Az ACT in amendment of the acts respecting the
judicial System of the United States
hitcnactcd BY the Senate and House of Repre-
ssaycs of the United States Of America in Cen
ges assembled, That where, in any suit ut law or
d equity, commenced in any court Of the United
States, there shl be several defendants, any one or
moreof whom shall not be inhabitants Of or found
within the district where the suit is brought or shall
not voluntarily appear thereto It shall be lawful for
The court To entertain jurisdiction, and proceed 10
the trial and ADJUDICATION Of such suit, between the
parties WIN may be properly before it.; but the
uAgnsnto oI decree rendered therein shall not con-
cuie or prejudice other parties, not regularly served
with process, or not voluntarily appearing to answer
and The nonlolnder Of parties who are not so M
nbtanls, or found within the district, shall consti-
lnlc % matter Of abatement, or other objection to
sal1 suit
Dec :. And be il further enacted, That al the
circuit Courts Of the United States shall have the ap-
Panlm2h' q their own clerks and in case OF
dtagreemeni between The Judges the appointment
@al Dc mace ny The presiding Judge ct the court
Nec = ana be It further enacted that all pecn-
mary penalties ana lnrle,tureS acGfulng under the
avs the United States NAV be sued for and re-
eSeTejih any court Of competent jurisdiction in
te olateor district where such penalties or forlei-
hFes have accrued, or in which the offender or Of,
&alers may be lound.
sec D. And Be il further enacted, That no suit
@Fo'ecutHn shah be maintained. for any penalty
@hrelure, pecunlary or otherwise, accrulnq under
He iaTs o. tbc United States, unless The same suit
@P0ecullpn shall be commenced within five Years
ION The time when the penalty or forfeiture accru-
Provided, The person of the offender or the
RopHy liable for such penalty or forfeiture Shall,
s3la0 the same period, be found within the Uni
gl States so that the proper process may be inSti-
aereor
Sec D. and be it further enacted, That the pun
nanent Of whipping and the punishment Of stand
sss 70 le pllory, SO far as they are now provided
" Oy The avs of the United States, be, and the
aE1e are hereby, abolished.
@c. 3. And be It further enacted, That il all ca.
So' recognzances in criminal causes taken lor, Of
III m Fe'ur1abc To-, the courts of The United States
%"co soal be forfeited BY breach of the condition
G3,i %GE,yVli the said court for or in which the same
naa 1e 50 TAKEN or TO which the same shall be re-
@.Haue Shal have authority in their discretion tc
Is +, .t ,ne Whole or part Of the penalty, whenever
n.5e appear to the court that there has been nc
f... ,M lslaat Of the partes and that a trial can
NJ s.,ls'anding be had in tie cause, aud thai pub
mn .Iee uoesnot otherwise require the same PEN
:" W e3acted or enforced.
,,0j { ana be il further enacted, That the se-
Igoa, a'caoa Of the act Of Congress passed rhc
d,sj 9'otl day Of April one thousand eight hun.
ea,a a''a sRo which makes il the duty of the asso-
bn,,t ustce OF the Supreme Court, resident il The
II Ill., Se''ca,l, TO attend in the city Of Washington
o,ls,. uia monday Of August annRaIly. 10 make
II III Slespecing the business Of the Supreme Court
S'o > ,i'e same Is, hereby. repealed.
ms 3 ana be It further enacted, That in al
S,a,oa ~ actions in any circuit court Of the United
te,s's u Wici II shall appear that both the Judges
,sn, h., y lhe Judge thereof who is solely compe
cprnsi sN % ny the same, shall be any ways con-
n I'll " interest therein. or shall have been Of coun-
hee,oi partys or IS, or are so related to or CON
lin j. %il ether party as to render Improper oi
agor '.el. 70 hs or their opiLion. to sit in the tr
h5gs| | sun or acton, il shall be the duty of suct
e1pss II, Jeages, on application Of either party, tC
eoDrt ~ iact 70 be entered on tile records Of the
elod . und atso TO make an order that an auhentt
xi, =, y, 'ereoi, with all the proceedings in suci
most cos se.1h' snail be forthwith certified 10 the
Saia ',eilent circuit court IN the next adjacent
ela,, !. ~ the next adjacent circuit: which cp,
Rnh ~ t,'.l' upon such record and order being d
SANE ITS lheieoi, take cognzance thereof II No
lagy as = such suit or aciion had been rirht
a-n.oa1l - oIlglnalig commenced therein, and Aha,
s.1 ged 70 hear and determine The same aecor;ngly
nl,~ proper process for the due execution Of lj,e
so ucn or decree rendered therein. shaI.run intr
aea, he executed IN the district where such iaIr
trs decree was rendered, and also, into the ds
Al Wnch such suit or action was removed.
'r'9'sd February 2sth, 1859.
ptrpTrr--Eo 10