New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-08
: appeals in regard to bail


order OF a circuit or district court of thu
United States, IN any civil action at law o.
in equity, rendeass@stfter this act shall take
2eftect, shall be reviewed by the Supreme
Court Of the United States, on writ Of err0l
or appeal, unless the writ Of error be sueC
out, or the appeal be taken, within two
years after the entry of such judgment, de
cree, or order and no judgment, decree, OF
order of a district court, rendered after this
act shall take effect shall be reviewed by 9
circuit court Of the United States upon like
process or appeal, unless the process be
sued out, or the appeal be taken, within
one year after the entry of the judgment
decree, or order sought to be reviewed
provided, that where a party entitled tC
prosecute a writ of error or to take an ap
peal is an infant, or non compOs mentis, OF
imprisoned such writ OF error may be prose
Cuted, or such appeal may be taken, within
the periods above designated after the ca.
try Of the judgment, decree Or order ex
elusive Of the term Of such disability. The
appellate court may affirm, modify or re-
verse the judgment, decree or order brought
before it for review, or may direct such
judgment, decree or order to be rendered,
or such further proceedings to be had BY
the inferior court as the justice Of the case
may require.
SEC. 3. That the Supreme Court may at
any time in its discretion, and upon such
defect has not Injured and the amendment
will not prejudice the defendant in error,
allow an amendment of a writ Of error,
when there is mistake in the teste Of the
writ, or a seal to the writ is wanting or
when the writ is made returnable on a day
other than the day Of the commencement
of the term next ensuing the issue of the
writ, OF when the statement of the title Of
the action or parties thereto in the writ is
defective If the defect can be remedied by
reference to the accompanying record,
and in all other particulars OF form
where the defect has not prejudiced,
and the amendment will not iniure,
the defendant in error; and the circuit and
district courts of the United States shall
possess the like power of amendment of all
process returnable to or before them.
SEC. 4. That a bill of exceptions hereafter
allowed in any cause shall be deemed sutfi-
GENTLY authenticated if signed by the judge
of the court in which the cause was tried,
or by the presiding judge thereof, if more
than one judge sat on the trial of the cause,
without any seal of court or judge being
annexed thereto; and all process issued
from the courts of the United States shall
bear teste from tie day Of such issue.
SEC. 5. That the practice, pleadiEgs, and
forms and modes Of proceeding in other
than equity and admiralty causes in the
circuit and district courts of the United
States shall conform, as near as may be, to
the practice, pleadlngs, and forms and
modes of proceeding existing at the time in
ike 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 Notwithstanding; provided how
ever, that nothing herein contained shall
alter the rules of evidence under the laws
OF the United States, and as practtced in
the courts thereof.
SEC f. That in common law causes in
the circuit and district courts Of Che United
States the plaintiff shall be entitled to
similar remedies, by attachment or other
process against the property Of the defend i
ant, which are now provided for by tie
laws of the State in which such court is
held, applicable to the courts Of such State !
ald such circuit or district courts may !
from time 10 lime, by general rules, adopt ,
such State laws as may be in force in the /
State in relation to attachments and other |
process; and the party recovering judg- |
ment in such cause shall be entitled to |
similar remedies upon the same by execu- |
ton or otherwise, TO reach the property of |
the Judgment debtor, as are now provided /
by the laws of the State within which said
circuit or district court shall be held in like |
causes. or which shall be adopted by rules
as aforesaid; provided, that similar pre-
liminary atfidavits or proofs, and similar
security as required by such laws shall he
first furnished by the party seeking such
or other remedy.
Sec. 4, That whenever notice is given of
a motion for an injunction out of a circuit
or district court of the United States, the
court or judge thereof may, if there appear
to be danger OF irreparable injury from de
lay, grant an order restraining 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
tbn+ i,1ctiap ,fv 10 IL,
hear or allow any application TOR an injunc-
ton or restraining order, except wi h n the
circuit to which he is allotted, and in causes
pending i'll the circuit to which he is al
0tted, or in such causes at such place out
side Of the circuit as the parties may in
writing stipulate, except in causes where
such application can not be heard by the
circuit judge of the circuit, or tile district
Judge of the district.
SEC. 3, That no indictment found and
by grand jury in any district or
Ircuit or other court of the United States
hall be deemed insufficient, nor shall the
rial. judgment or other proceeding thereon
De affected by reason of any defect or i'm .
in matter of form only, which
hall not tend to the prejudice Of defendant.
SEC. 9. That in ali criminal causes the de- ]
enlant may be found guilty of any ottense /
he commission of which is necessarily in {
luded in that with which he is charged in |
nc lnulCtlutnl, OE may 20 IOuHu guilty. OF I 4
II attempt to commit the otfense so charged: i
provided that such attempt be itself a sep t
rate ohense. {
Sec. 10. That on an Indictment against
evera!, If the jury can not agree upon S
erdict a. to all, they may render a verdict |
5 to those in regard to whom they do l
gree, on which a judgment shall be en- 1
cred accordingly; and the cause as to the I
ther defendants may be tried by another =
lry. I
SEC. II. That any party or person desr- q
lg to have any Judgment, decree or order =
I any district or circuit court reviewed on +
Tit of error or appeal, and to stay proceed "
lgs thereon during the tendency of such :
Tit Of error or appeal, may give the Sc -
lrity required by law therefor within sixty "
avs after the rendition of such Judgment, q
acree, or order, or afterward with the per- :.
ission of a justice or judge of the said APP -
eliate court. &
SEC. H. That in all criminal or penal n
luses in which judgment or sentence has a
cen or shall be rendered, imposing the G,
ayment of a fine or penalty, whether alone e
with any other kind of punishment, the "a
i'd judgment, so far as the fine or penalty co
concerned, may be enforced by execution
yainst the property of the defendant in
le manner az judgments in civil
ses are enforced; provided, that where "a
% Judgment directs that the defendant
all be imprisoned until the fine or penalty
lposed ia paid, the issue of execution on
q judgent shall not operate to discharge
g defendant from imprisonment until the r
= amount Of the judgment is collected or A
herwise paid. S.
Sec I3. That when in any suit in equity, Sc