Wilmington daily commercial., 1872-12-09
OFFICIAL.
LAWS OF THE UNITED sTATRs
p1ssed al the Second Session Of the Forfy-ssoond
Congress.
NERAL NATURE, No.


AN ACT to further the administration OF Justice.
BE Il enacted By he Senate and House Of Repreanta-
npes Of e Ufesed States Of America IN Congress
ssnbied, That Whenever, IN any suit or proceeding
nv a Justice Of the Supreme Court and the circuit
Judge district Judge OF by the circuit Judge and
district Judge there ere aSaeS sns occur - and different o.
thing 70 be decided, Tuled. ordered by the court
the opinion OF tne presiding Justice Of tue presiding
Judge shall prevail and be considered the opinion
of the court for the time being; but when 4 nnal
ldgm- nt decree, or order In such suit or proceed
lngs shall oe entered II said judges shall certify,
as IL shall be their duty 10 do II ch be the fact,
that they differed In opinion as TO any question
which, under the act Of Congress Of April twenty
ninth, eighteen hundred and Two, might have been
reviewed by the Supreme Court on cei tinoa,e Of
difference OF opinion, that either party may remOve
said nnal judsmenL dee rec, or order TO the sn-
TO the nature OF the Gaze, and subject to he prov-
sOns OF law Bppcahe 10 other writs OF error or an
peals In rt ga'd 10 hail and supersedeas.
SIC. y 1nat no Judgment, decree, or order Of a
circuit or district court Of the United States In any
civil action a. law or In equity rendered after this
act shall take effect, shall be reviewed by the Su-
preme Court Of the Uni I'd States, on writ Of error
or appeal, unless the writ II error be sued out or
the appeal be taken, within two ysars after the en-
Try OF such judgment, decree, or order; and no
Judgment, decree, or Older Of district cOurL rem
der after this act shall take effect shall be re-
viewed ny circuit court OF the United States upon
the appeal be ken, within one year ter the en-
Try Of the Judgment decree, or order sought TO be
Polecute writ Of error or to take an appeal ia an
Infant, or non compo9 ment's, or i'm rlsoned such
1t OF error may be prosecuted, or such appeal
may be taken, within the periods above designated
alter the entry OF the Judgment decree, or ord Ir
exclusive of the term Of such disability. The appel
late cOuit may afilrm, modify, reverse the lndR-
ment Decree or order brought before il for review
or may direct such judgment, Decree or order TO
be rendered or such further proceedings to be had
by the neior court as the justice OF the case may
require.
tEc 9. That the Supreme Court may at any time
IN ita discretion, and upon such terms as II may
the amendment will not prejudice the defendant in
'rior, allow an amendment Of writ OF error, when
le Ia mistake ia the tcste CT the writ or a seal
20 the witt is Ing or when the WI u is made re-
tnrnaole on q daY other than the day OF the com
mencement OF the Im next ensuing the Issue OF
me wri or when the atatement OF the little Of inc
action or parties the ietO 10 the wri Is defective II
me defect can he remeded by reference to the ae-
Impanying record aud the other particulars of
form where the defect has not prejudlced, and the
amendment III not injdIe, the deier dant In ei ror;
ana tne g. M cl,vul. ane HIs oou,,s o. lne United
all process returnable TO or before them.
SEC. 4. That bill OF exceptions hereafter allow d
To any cause shat be deemed sufficiently authenti-
'ated II signed by the Judge OF the court in which
thercause was bted or by the presiding Judge
thsreof II more than one Judge sat the iilsl Of
the caus without any seal Of court judge being
annexed thel eto; aud oil process Issued from the
s Of the Ubied States sh Ii bear teste from the
daV OF such issue.
SAC. 8. That the practice, pleadlngs, and forms
aud modes OF proceeding In other than equity and
II mirafy causes In the circuit and district counts,
tourtH OF The United States shall conform as near
may be, TO the practice, pleadlngs and forms and
modes OF proceeding existirg a. the time ia like
causes In the c0u Is OF record OF the State within
which such circuit or district coui are held, any
lue Of court to the contrary Notwithstanding; Pro-
Ulisd, hopeUer, That nothing herein contained
shall after the rules Of evidence under The laws of
the United States, and as praclced IN the courts
thereof.
and district courts Of the United statee the plain
p shall be entitled TO simil IT remedies, by at
iachment or other process against the property OF
the defendant, which are now provided for by the
laws OF the State in which such court is held, appl-
cable TO the courts OF such State; and such circuit
or district courts may, from time 70 lime, by gem
rules adopt such State laws as may be In force
In the State 10 relation 70 attachments and other
procesB and the party recovering Judgment In such
cause shall be entitled TO similar remedies up n the
same, by execution or otherwise, 10 reach the pro-
petty Of the Judgment destor, as are now provided
by the laws OF the State within which said circuit or
district cOui shall be held In Ike causes, or which
shall be adopted by rules as aforesaid: FrsUtisd,
That similar preliminary amdaVils OF proofs, and
similar security as required by such laws, shall be
llrst furnished by the parry seeking such attach
inent or other remedies.
sac. I. hat whenever notice is given OF motion
for Injunction cut OF circuit or district court OF
ihe United states, the cOu or Judge thereof may,
n there appear 70 be danger OF irreparaple injury
iom delay, grant an order restraining the act
motion. Such order may be granted with or with
Olt security In the discretion OF the court or Judge:
nOpided That no Justice OF the Supreme Court shall
hear or allow any appli licaton for an injunction or
straining order, except within the Circuit 70 which
ia allotted, end in causes pending In tue circuit
To which he is allotted, or In such causes at such
place outside OF the circuit as tue parties may in
writing stipu ale, except In causes where such ap,
pllcalion csnnOt be heard by the circuit Judge Of
ihe circuit. or the district Judge OF the district.
SIC 8 hat no Indictment found and presented
by grand jq IN any district or Silcult or other
court OF The United STATES shall be deemed insuici
eCt nor shall the trial judgment, or other proceed
ng thereon be effected by reason Of any defect OF
iu sfiection In matter OF form only, which shall
uof tend lhe DTeiuulCe of the defandAut,
tEo Q. That In all criminal eases the defendant
may re 'Ound gully OF any offence the commission
III which s necessarily included In that with which
e 3 charged In the Indictment, or may be found
II an attempt TO commit the onense 30 charged;
Inriiet That each attempt be Itself separate Of
G. 10. That on an Indictment against several,
n the Jury capnOt agree upon verdict as 70 ali,
idey m render verdict as TO those IN regard 70
whom they do agree, on which a Judgment snail be
entered accordingly; and the cause as TO tine other
dt ndants msy he tried BY another Jury, ,.,-,-. .,
rave any Judgment decree, or order OF any district
ur circuit cOurt reviewed on writ Ofcrror or appeal.
,d 10 stay proceedings thereon during the penden-
ytf such writ OF error or appeal, may give the Sc
c.rl required by law therefor within sixty days
der the rendition OF such Judgment, decree or Or
r, OF aftei ward with permission OF Juctce OF
dpe Of the said appellate coult
sEL 12 That I'm all criminal or penal causes In
y lurl Judgment or sentence has been or shall be
r u dsred Imposing the payment Of ine OF penalty,
N. ner alone or with any other kind OF punishment
lie said Judgment, 80 far as the nne OF penaIy ls
me ropeity OF the defendant in like manner as
jigmsnts In civil cases are enforced; fIovlded,
lV where the Judgement directs tnat the ueIenu-
Il shah be imprisoned until the line or penalty I'M
i.rd is paid, the issue OF execution on the ludg-
T. ent shall net operate 70 discharge the defendant
iflln Imprisonment until the amount oi.Lhe Judg-
tnt is collected or otherwise paid. =
sEO 49, That when In any suit In equity COLL
~ ncng in any court OF the United States 10 en-
Luce any legal or equitable lien or Claim against
] al o pereona property within the district WheIe
h.uit is brought, one or more oi tie % th
iro ei shall not be an inhabtant or OF tOunu Wlt-
IN ,e said district shall not voluntarily appear
,eretn II shall be lawful for the court 10 make an
Il directing such absent defendant 10 appear,
plead, ant wer, or demur TO the eOmplalnAnts OIL
4 a certain day therein to be desgnatedi which
o. 'er shall be served o such absent deiendanL y
ctCable, wherever found, or Wnere bucll personal
10, is not practicable, such order shal De puO
,ned IA such manner as the court shall direcIi ana
pad answer, or demur within the time 80 limited
ir within some fur her time, 10 be allowed Oy tht
ar. iu its discretion, and upon PROOF OF the ser
90 or publlca ion Of said order. and OF the per.
rmTn Of the directions contained In the same u
all b. lawful for court 10 entertain Jurlsulctlon
NJ, nroceed 20 the hearing and adjudication OF sucl
sn In the same manner as II sucn aDsent uelehuah m
h Il Vel served with process Wlthln tne sau JUS
,s hut said adju icatiOn sasll as regarus such aD
defendant W thouJ appearance, aHect MS prop
ar within such district only. .,,
81 ia That when a poor convict, sentenced by
court of the United States 70 be imprisoned ano
p fine, or line and cost, or 10 pay nne, OF nut
a cost has been confined In prison thirty days
'rt y for the non-payment OF sucn nne, OF nhe alo
It such convict may make application IN Wfltlnl
10 a7y commissioner OF the United states court II
disr wnere he is Imprisoned, setting fOrtl
his in ibillty TO pay such Tine or line and costs ant
Ter III tce 10 the district attorney OF the Unltet
9atcs VINO NAV appear, offer evidence, and b'
n IA. nfaofp A. hall