The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-10-15
GENERAL MATURING. cal

SHtuttUS5 " IN CTtttch tAt "
grees assembled, That whenever, In any sult OF
proceeding In a circuit court OF the United states,
being held by q justice ofthe supreme Court ana
the circuit Judge or q district judge, or by the cir
curt Judge and a district Judge there shall occur
any difference of opinion between the judges as IN
any matter or thing to be decided, ruled, or or
dered by the csurt, the opinion OF the preslaihs
justice or the presiding Judge shall prevail, and be
considered the opinion OF tho court for time pc
ing; but when a final judgment, decree, or order
in such suit or proceeding she'll he entsred, II sale
judges shall certify, as 1t shall be their duty TO
do II such be the fact, that they differed in opin..
ion as to any question which, under the aet OF
Congress of April twenty. ninth, eighteen hnn-
drec and two, might have been reviewed oy inc
Supreme Court on certificate Of difference OF opin-
ion, then either party may remove said ma Judg'
mont, decree or order to the supreme Court, on
writ of err or or appeal, according to the nature
of the case, and subject to the provisions OF law
applicable to other writs Of error or appeals In
regard to bail and supersedeas.
SRo. 2. That no judgment, decree, or order or
O circuit or district court of the United Stats, in
any civil action at law or in equity, rendered af.
ter this act shall take effect, shall be reviewed
by the Supreme Court of the United States, on
writ of error or appeal, unless the writ OF error
ne sued out, or the appeal be taken. within two
years after the entry of such judgment, decree,
or order; and ne Judgment, decree, or order Of a
district court, rendered after this act shall take
effect shall be reviewed by a circuit court of the
United States upon like process orappeal, unless
the process be sued out or The appeal be taken,
within one year after the entry Of the judgment
decree, or OrQer sought TO De IeVlcWeu. frODtueu,
That there were q party entitled to prosecute q
writ of error or to take an appeal lie an infant, or
non compos mantis, or Imprisoned, such writ Of
error may he prosecuted, or such appeal may
be taken, within the periods above designated af-
ter the entry of the Judgment, decree, or order,
exclusive ofthe term of such disability. The APP
pellats court may affirm, modify, or reverse the
Judgment, decree, or order brought before 1t
for review, or may direct such judgment; decree,
or order 10 be rendered, or such further proceed
ings to be had by the inferior court ms the ~justics
OF the case may require.
SEC. 8. That the Supre me Court may at any
time In its discretion, and upon such terms as 1t
may deem just; and where the defect has not In
jured and the amendment will not prejudice the
defendant in error, allow an amendment Of a writ
OF error, when there Is a mistake in the teste of
the witt, or a zeal to the writ Is wanting, or when
the writ is ma de returnable ON a day other than
the day of the commencement of the term next en-.
suing the issue of the writ, or when the state
ment of the title of the action or parties thereto
In the writ Is defective, If the defect can be rem
died by reference to the accom- panying record and
In all other particular of form where the defect
has not prejudiced, and the amendment will not
injure, the dcfendent in error and the circuit
and district courts of the United States shall pos
SEES the like power Of anne ndment of all process
returnable to or before them.
SEQ. 4. That q bill of exceptions hereafter al
lowed In any cause shall be deemed sufficiently
authenticated i~fsigned by the Judge of the court
in which the cause was tried, or by the presiding
judge thereof If more than one jndge sat on the
trial of the cause, without any seal of court or
Judge being annexed thereto and all recess ssu
ed from the courts of the United States shall bear
teste from the day ofsuch issue.
SRo. 8. That the practice, Tleadings, and forms
all modes of proceeding In other than equity
and admiralty causes In the circuit and district
courts of the United States .hall conform, as near
as may be, to the practice, pleadings, and forms
ard modes of proceeding existing at the time in
like causes in the courts of record of the State
within which such circuit or district courts are
held, any rule of court to the contrary notwith-
standing: Provided, ho,oeuer, That nothing here
In contained shall alter the rules ofevidenee un-
del the laws of the United States, and as prac.
ticed in the courts thereof.
SEC 6. Tina. in common-law causes in the cir
cult and district courts of the United States the
plaintiff shall be entitled to similar remedies, by
attachment or other process against the property
Of the defendant, which are now provided for by
the laws ofthe State in which such court Is held,
applicable to the courts of such State; and such
circuit or district courts may, from time to time,
by general rules, adopt such State laws as may he
in force in the State In relation to attachments and
and other process and the party recovering judg.
ment in such cause shall be entitled to similar
remedies upon the came, by execution or other
wise, to reach the property of tho Judgment debt
or, as are now provided by the laws of the State
within which said circuit or district courts shall
be held In like causes, or which shall be adopted
by rules as aforesaid Provided, That similar
preliminary afidavits or proofs, and similar secu-
ty as required by such laws, shall be first furnish
ed BY he party seeking such attachment or other
remedy.
Sso. 7. That whenever notice is given Of a
motion for an injunction out of a circuit or dis
trct court of the United States, the court or
judge thereof may, If there appear to be danger of
irrearable injury from delay, grant an order re-
straining the act sought to be enJoined until the
decision upon the motion. Such order may be
granted with or without security, in the discretion
of The court or Judge: PROVIDED, That no justice
of the Supreme Court shall hear or allow any ap.
plicatlon for an injunction or restraining order ,ex-
cept within the circuit to which he Is allotted, md
in causes pending In the circuit to which he Is al.
lotted, or in such causes at such place outside of
the circuit as the parties may in writing s~tipuiate,
be heard by the circuit judge of the circuit, or the
district Judge of the district.
sBo. 8. That no Indictment found and presented
by a grand jury in any district or circuit or 9TH
sufficient, nor shall the trial, Judgment, or other
proceeding thereon be affected ty reason of any
defect or imperfection In matter of form only,
which shall not tend to the prejudice of the de-
PENDANT.
$50. o That in all criminal causes tina def nd.
ant may be found guilty of any ofanse the
that with which he is charged in the Indictment,
or may be found guilty of an attempt to com.
nit the offense SO charged: Provided, That
such attempt be itself a separate ~otfense.
Sac. 10. That on an indictment against several,
If the Jury cannot agree upon a verdict as TO all,
they may render a verdict as to those in regard to
whom they do agree, on which q Judgment shall
be entered accordingly and the cause as to the
other defendants may BIS tried by another jury
SEC. IL. That any party or person desiring to
have any judgment, decree, or order of any dis
drict or circuit court reviewed on writ Of error or
appeal, and to stay proceedings thereon during
the pendency of sucn writ Of error Of appeal
may give the security required by law therefor
within sixty days after thu rendition Of such
Judgment, decree, or order. or afterward with the
permission of a Justice or judge Of the said ap.
pc late court.
SEC. IL. That in all criminal or penal causes In
which judgment or sentence has been or shall be
rendered. imposing the payment Of a fine or PEN
atty, whether alone or with any other kind of
punishment, the said Judgment, 80 far as the fine
or penalty Is concerned, may be enforced by ex-
ecution against the property of the defer dant in
like manner as Judgments In civil cases are en-
forced Provided, That where the Judgment di.
rects that the defendant shall be Imprisoned until
the fine or penalty imposed Is paid, the issus of
execution on the Judgment shall not opsrate to
discharge the defendant from imprisonment until
the amount of the judgment is collected or other
wise paid. --a
SEC. Is. That when In any suit ineauity. COM
menccd in any court of the United States, 10 en-.
force any legal or equitable lien or claim against
real or personal property within the distriet
where such suit Is brought, one or more of the de.
PENDANTS therein shall not be an inhabitant of or
found within the said district, or shall not vol.
unfairly appear thereto, 1t sha'l be lawful for the
court to make an order directing such absent de.
| PENDANT to appear, plead, answer, or demur to the
complainant's bill at q certain day therein to be
designated, which order shall be served on such
absent defendant, If practicable, wherever found,
or where such personal service Is not practicable,
such order shall be published In such manner as
1.-The court shall direct; and In case such absent de,
I ndant shall not appear, plead answer, Or demur
within the time so limited, or within come further
time, to be allowed by the court in its discretion
and upon proof OF the service or publication OF
| aoid order and Of the uarformanca ~ tbo 5i..,