The Albany register. [volume] (Albany, Or.) 1868-18??, 1872-08-23

-deeme iinsufislent nor shall the trial. Judy.
ElHevt, Of other proceeding thereon be ailHc;edl
lhy reason Of any deIvai or imperfeclion in
matter Of form nnly, whith shall not tend to
/ The prejudice Of the deiendent.
SEC. o. That In NIL criminal causes ilir de-
iendent may be found gnity OF any otiense
1.-THE commission of whk;h is necessarily III
S llied in that with which he Il charged III
ahe Indictment, or may he found guilty OF an
attempt TO ccmmit the oilense 81 charged I:
Eproyilicd, That such attempt bc itself ascl-
tArate uilensc.
N SEC. 10. That on an Indictment against
l,several, II the jury cannot agree upon yer
dict rs TO all, they may render Il verdict as To
those In regard 10 whom they do agree, on
which a ajiegment shall be entered According
4 ly;aWl the cause as to the other defendants
may l'e tried by another jury,
SEC. H. That any party or person dcSfEipE
% have any Judgment, delree, or order ofaily,
distric; on circuit court reviewed on wrigA6f
error or appeal, and tos stay proceedings thefes
on dari,g the pendency Of such writ sCrrrar
or appeal, may give the security required-by
4 law therefor within sixty lays afler the reil-
,lition Of sutli judgment, decree, or drler, or
aiterwarl with the permission Of Il justkc or
judge of the sail appellate court. T;'s;S =
| SEC. II, That in all criminal or renaf cals-
es IN which judgment or sentence has been ar
shall be rendered, Imposing the payment Ola,
fine or penalty, whether alone or with aify
other Kind Of punishment, the said judGmenl,
so far as the fneor penalty Is concerned,
may be entortel by execution against The
property of the rcfendent in like manneras
il gments in civil eases are enforced Pro-
vtiel, That where the Judgment directs that
the defendant shah br imprisoned until the
fine or penalty imposed Is paid, the issue nf
execution on the Judgment shall not operate
TO discharge the defendant from imprisonment
until the am1unt of the judgment is collected
or otherwise paid.
SEC l3 That when in any suit in equity,
commenced in any court Of the Uni.el States,
TO enforce any legalor equitable lien or claim
against real or personal property within the
distr iot where such suit is brought one or
more OF the defendants therein Shall not be
an inhabiiant OF o. found within the said
district, or shall not voluntarily appear there
to, 1t shall be lawful for the court to make all
or'ter directing such absent defendant to All
pear, plead. answer, ordemur to hetomplaiii-
ant'S bill ata certain day therein to be tlcss.
lMtei, whith order shit, be served ol stk.h
ahsent defendant, ii practicable, wherever |
follhd, or where such personal service Is not |
practicable, such order shall be published in |
sllth manner as the court shall direct and In
case such absent defendant shall not appear,
peal, answer, or demllr within the time 10 |
limited, or within some further time, to be a. !
lowed by the court in its discretion, and upon /
proof Of the service or publication of saitl !
order, and Of the performance of the drpy-
tions contained IN the same, 1t shall be law I
i9il Ion The court to el4rtain jurisdiction, and
proved TO the hearing and lJiditation OF ,
such suit IN the same manner as ifsuch absent
defendant had been served with process with
In the said district, but sal adjudication shall
rs regards such absent defendant without
appearance, affect his property within suth
district only.
SEC. II. That when poor convLtt, sem
enied by any court Of the United States 10 be
and pay fine, or, fine and cost,
lr to pay a fine, or fine and cost, has been
-onfined in prison thirty days, solely for
lon-payment Of such fine, or such fine aud
;ost, such c0nyEt may make Application in
writing to any commissioner of The United
safes court in the district where be Is impris-
met, setting forth his inability to pay snh
inc, or line and cost, and aker notice TO the
district attorney OF the United States who
nay appear, offer evidence, amt be heard, the
shall proceed TO hear and dc.
ermine the matter; and ii on examination il
hall appear to him that such convict is una.
''e to lay slch fine, or llue and uost, and that
e has not any property exceeding twenty
o!iarsi 10 value, except aaisby law exempt frtfn
l
Missioner shall administer TO him the follow
" oath: Il do s0.emnly swear that | have
OF any property, real or personal, TO the
mount OF twenty dollars, except such as is
\ law exempt from being taken on evil
recept far flebt by fhe laws Of Estate where
lh y administered; AMI lh3t I. have no
TopcTfy ir any way p1nveye or eon;ea ei,
in anyway disposed Of, Tor my fltuTe ltsc
{ benefit, So help ME tiodc Andthercupon l..
lch convict shah be dEscharded, the COM y
lssioher giving to the jaior or keeper Of The
Il cirtiiicate sc ting forth the facts.
sec, ID. That ii at any time af.er.sucii dis
saig &c Of such convict It shall be ma le 10 an
ar hat In taking the aiereaEil oath he swofe
iselx, he mag be iNlicted, convicted; anil
inisliel Tor perjury, ahd be liable 10 the
,pa!lies prescribed in section, thirteen OF T.
at. titled 'An.att more eiriecnaly TO
'sstfU fbr The lalnishmEit Of cert.in
lines against thcU niIed states, and ior
her purposes" approved March third, A,
eighteen hnndrc AMI TWENTY-FIVE.
SEu. 16. That the fees of the commi ssioner
r The examination and Certificate provided
r in this. act shall be five 1lollarspcr day
r'eyery day that he shall be engagedin such
animation.
Approved, June l, 1872.