The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-12-10

shall be entitled TO similar remedies. by attachment
art which are now provided for by the laws of the
State in witch such court is held, applicable to the
courts of such State; and such circuit district
courts may, from time to time, by general rules,
Adopt such State laws may be in force in the State
in relation to attachments and ether process; and
the party recovering Judgment in such cause shall be
entitled to similar remedies upon the same, by exc
cation or oherwi.e, 10 reach the pro- erty OF the
Judgment debtor, now provided by the laws of
the State within which said circuit district courts
shall be held in like causes, or which shall be adoped
by rules aforesaid: Pr0Uided. That similar pre-
liminary adav is proofs and similar security as
required by such laws shall be first furnished by the
party seehing such attachment or other remedy.
SEC 7. That whenever notice is given OF a motion
for an injunction out Of circuit district court of
tie United States, the judge thereof may, if
there appear to be danger of irreparabe Injury from
delay, grant an order restraining the act sought to be
enjoine until the decision upon the molten Such
order may be granted with or without security, IN
justice Of the Supreme Court shall hear or all Nv
any application for injunction or restraining OF
DER except wi hin the circuit 70 t :. nc III M i
ALLOTTED or in sucl causes at such place outside OF
the circuit the parties may IN writing slpulate,
except in causes where such apllcat!on cannot be
heard bv the circuit judge OF the circuit, or the dis
| trict Judge of the district.
| SEG s. That no Indictment found and presented
| by Grand jury in any district or circuit other
court of the United States shall be deemed INSULT
Gent nor shall the trial. judgment other proceed
ing thereon be affected by of any defect i'm
perfection in matter Of form only, which shall not
| tend to the prejudice of the defendant.
may he fond guilty of any offansc the commission of
which is necessarily included in that with Which he
is charged in the Indictment, Or may be found guilty
Of an attempt to commit the offense so charged
Prorided, That such attempt be itself a separate
offense.
SEC. TO- That on an Indictment against several
if the jury cannot agree upon verdict as to all they
may render verdict TO those in regard to whom
they do agree, on which Judgment shall be entered
accordingly; and the to the other defendants
| may be tried by another jury.
SEC. H. That any party or person desiring to
have any Judgment decree, order of any district
OF circuit court reviewed writ of appeal,
and to stay proceedings thereon during the tendency
such writ of error OF appeal may give the security
required by law therefor within sixty days after the
rendition of such judgment, decree, or ORDER or
aftcrward with he permission of uscice or judge of
| the said appellate court
which judgment or sentence has been or shall be rem
deted, imposing the payment of fine or penalty,
whether alone with any other kind of punishment,
the said Judgment so far as the fine OF penalty is
concerned may be enforced by execution against the
property of the defendant in like manner judg-
| mems in civil cases enforced: Pr0pided That
where the judgment 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 imprison-
ment until the amount of the Judgment is collected
| or otherwise paid.
menced in any court of the Unite States to enforce
any legal or equitable lien claim against real
personal property within the district where such suit
is brongat, one or more of the defendants therein
shall not be an nhabtan of or found wit hin the said
district, or Shall not voluntarily appear thereto, it
shall be lawful for the to make order direct
ing such absent defendant to appear plead, answer
| Or demur to tie complantants bill at a certain day
therein to be designated which order shall be served
such absent defendant, if practicable, wherever
found, where such personal service is not practi-
cable, such order shall be published in such manner
as the court shall direct; and in such absent
defendant shall not appear, plead answer. or demur
within the time SO limited within some further
upon proof of the service or publication of said order
and OF the performance Of the directions contained
in the same it shall be lawful for the court to
tain jurs icton, and proceed to the hearing and adj
judicaton of such suit in the as if such
absent defendant had been served Wi process within
the said district, but said adjudication SHALL as re-
| CARDS such absent defendant without appearance,
affect his property within such district only.
SEC. Il That when poor convict, sentenced by
any court Of the United States to be imprisoned and
pay fine or fine and cost, to pay fine, or fine
and cost, has been confined in prison thirty days
cost, such convict 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 nay such ne or fine and cost and after
notice to the district attorney of the United States
who may appear, offer evidence, and be heard, the
| commissioner shall proceed TO hear and determine
the natter and if on examination IL shall snnear Ia
him that such convict is unable to pay such fne or
fine and cost. and that he has not any property
ceedng twenty dollars in value except such as is by
law exempt from being taken on execution for debt
the commissioner shall administer to him the follow
property, real personal to the amount of twenty
dollars except such as is by law exempt from being
taken on civil precept for debt by the laws of state
where oath is administered) and that have nc
properly in any way conveyed concealed, in any
way disposed of, for my future benefit. Sc
help me God" And thereupon such convict shall be
discharged the commissioner giving to the jaior OF
keeper of the Jail certificate setting forth the facts
SEC. IS. That if at any time after such discharge
of such convict it shall be made to appear that in
taking the aforesaid oath he falsely he may be
indicted, convicted, and punished for perjury, and
be liable to the penalties prescribed in section thr
teen of act entitled IAN act more effectually to
provide for the punishment of certain crimes against
the United States, and for other purposes, approved
| March third. A D. eighteen hundred and twenty
| five
SEC. Is. That the fees of the commissioner for
the examination and certificate provided for in this
act shall be five dollars per day for every day that he
shall be engaged in such examinat on.
Approved, june 1, 1872.
| j. G. BLAINE,
| Speaker Of the House of Representatives.
SCHUYLER COLFAX,
Vice-Presideat Of the United States and Presiden
Of the Senate.