The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1872-07-10

-4, iaei may be granted
WIN VI without security, in the discre-
u. aloh OF the court or Judge: Provided
"". no justice of the Supreme Court
shall near or allow any application for
g" inJuhcllon Or restraining order ex-
eept within the circuit to which he e
aiiotted, and in causes pending in the
circuit to which he is allotted. or in
s.'cll causes at such place outside of the
circuit as the parties may in writing
sIipnlate, except in causes where snch
'ppiication cannot be heard by the cir
CUT Judge of the circuit, or the district
Judge of the district,
sec. s. That no Indictment found and
presented by grand jury in anv dis
'flct OF circuit or other court of the
United States shall be deemed insuffici-
ent, nor shall the trial. Judgment or
other proceeding thereon be affected bv
reason of any defect or imperfection in
matter of form only which shall not
tend to the prejudice of the defendant,
see. .. That in all criminal causes the
de1endant may be found guilty of any
oHense the commission of which is No.
cessarily included in that with which he
is charged in the indictment, or NAV be
round guilty of an attempt to commit
the offense so charged; provided, that
such attempt be itself Il separate Of
tense.
sec. 10. That On an indictment against
several, ii the jury cannot agree upon a
verdict as to all, they may render IL YER
olct as to those in regard to whom they
do agree, on which a judgment shall be
entered accordingly; and the cause as
to the other defendants may be tried by
another jury.
sec. IL. That any party or person de-
string to have any judgment, decree or
order of and district or circuit court re-
viewed on writ of error or appeal, and
to stay proceedings thereon during the
tendency of such writ of error or ap-
peal, may give the security required by
law therefor within sixty days after the
rendition of such judgment, decree or
order, or afterward with the permission
Of justice or judge Of the said appel
late court.
Sec. u. That in all criminal or penal
causes in which Judgment or sentence
has been or shall be rendered, imposing
the payment of fine or penalty,
whether alone or with any other kind
Of punishment, the said Judgment, so
far as the fine or penalty is concerned,
may be enforced by execution against
the property of the defendant in like
manner as judgments in civil cases are
enforced: Provided, That where the
judgments directs that the defendant
shall be imprisoned until the fine or
penalty imposed is paid, the issue of
execution on the Judgment shall not
operate to discharge the defendant from
imprisonment until the amount of the
judgment is collected or otherwise paid.
Sec. 10. That wlan ID any suit in
equity, commenced in any court of the
United States, to enforce any legal or
equitable lien or claim against real or
personal property within the district
where such suit is brought, one or more
of the defendants therein Shall not be
an inhabitant of or found within the
said district, or shall not voluntarily
appear thereto, it shall be lawful for the
court to make an order directing such
absent defendant to appear, plead, an
swer or demur to the leomplainant's
bill at a certain day therein to be desig-
mated, which order shall be served on
such absent defendant, if practicable,
wherever found. or, where such per-
sonal service is not practicable, such
order shall be published in such man.
ner as the court shall direct; and in
case such absent defendant shall not
appear, plead, answer or demur within
the time so limited, or within some
further time, to be allowed by the court
in its discretion, and upon proof of the
service or publication of said order,
and the performance of the directions
contained in the same, it shall be law
full for the court to entertain jurisdic-
ton, and proceed to the hearing and
adjudication of such suit in the same
manner as if absent defendant had been
served with process within the said
district, but said adjudication shall, as
regards such absent defendant without
appearance, affect his property within
such district only.
Sec. IA. That when a poor convict,
sentenced by any court of the United
States to be imprisoned and pay fine,
or fine and cost, or to pay fine, or fine
and cost, has been confined in prison
thirty days, solely for the non-payment
of such fine, or fine and cost, such con-
Wet may make application in writing
to any commissioner of the United
States court in the district where he is
imprisoned, setting forth his inability
to pay such fine, or fine and cost; and
after notice to the district attorney of
the United States who may appear, offer
evidence, and be heard, the commits
sioner shall proceed to hear and deter
mine the matter; and if on examination
it shall appear to him that such convict
is unable to pay such fine, or fine and
cost, and that he has not any property
exceeding twenty dollars in value, ex-
cept such as is by law exempt from be-