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


c,etes. approved on the lst Of June, will
10 of interest to the legal profession.
understand it works some important
changes in the practice in these courts ::
an ACT to further the administration
of justice.
Re it enacted by the Senate and House
If Representatives of the United States
If America in Congress assembled,
That whenever, in any suit or proceed
inc in circuit court of the United
states, being held by justice of the
Supreme Court and the circuit Judge
or a district judge, or by the circuit
Judge and district judge, there shall
occur any differences of opinion between
the Judges as to any matter or thing to
be decided, ruled or ordered by the
court, the opinion Of the presiding JUS
tee or the presiding judge shall prevail,
!. and be considered the opinion of the
court for the time being; but when a
final Judgment, decree or order in such
suit or proceeding shall be entered. if
said judges shall certify, as it shall be
their duty to do if such be the fact, that
they differed in opinion as to any cues
ton which, under the act of Congress
of April 30, 1902, might have been re-
viewed by the Supreme Court on certifi-
cate of difference Of opinion, then either
party may remove said final judgment.
decree or order to the Supreme Court,
on writ Of error 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.
Sec. 2. That no Judgment, decree or
order of a circuit or district court of the
United States, in any civil action at law
or in equity, rendered after 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 be sued out or the appeal be
taken within two years after the entry
of such judgment, decree or order; and
no judgment, decree or order of a dis
trict court, rendered after this act shall
take effect, shall be reviewed by q cir
cult court of the United States, upon
like process or appeal, unless the pro-
cess 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 party
.entitled to prosecute writ of error or
to take an appeal is an infant. or NON
.coMPos MENTIs, or imprisoned, such
writ of error may be prosecuted or such
appeal may be taken within the periods
above designated after the entry of the
Judgment, decree or order, exclusive of
the term of such disability. The appel
late court may affirm, modify or reverse
the judgment, decree or order brought
before it for review, or may direct such
Judgment, decree or order to be rem
dered, or such further proceedings to
be had by the inferior court as the JUS
ssuIC VI WV ScASC Llttf
Sec. 3. That the Supreme Court may
at any time in its discretion, and upon
mch terms as it may deem just, and
where the defect has not injured and
she amendment Will not prejudice the
iefendant in error, allow an amendment
of a writ of error, when there is & mis-
lake in the teste of the writ, or seal
Of the writ is wanting, OF 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, or when the statement of the title
# the action or parties thereto in the
writ is defective, if the defect can be
emedied by reference to the accompa-
saying record and in all other particu-
Ears Of form where the defect has not
rejuliced, and the amendment will not
gnjure 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
0r before them.
Sec. 4. That bill of exceptions here
after allowed in any case shall be deem
ID sufficiently authenticated if signed
sey the judge of the court in which the
eause was tried, or by the presiding
iudge thereof, if more than one judge
sat on the trial of the cause, without
any seal of court or judge being annex
sea thereto; and process issued from
The courts of United States shall
bear teste from the day of such issue.
Zee. 5. That the practice, pleadings,
ind forms and modes of proceeding in
other than equity and admiralty causes
ssa the circuit and district courts Of the
united States shall conform, as near as
may be, to the practice, pleadings, and
@fms and modes of proceeding existing
Aathe time in like causes in the courts
~ record of the State within which
lch circuit or district courts are held,
iay rule of court to the contrary not
outstanding: Provid d, however,
'aa nothing herein contained shall al
The rules Of evidence under the laws
1he United States and as practiced in
aseourts thereof.
See. 6. That in common law causes in
circuit and district courts of the
aOed States the plaintiff shall ce en-
-'Fa to similar remedies, by attachment
Uaer process against the property OF