The weekly Arizona miner. [volume] (Prescott, Ariz.) 1868-1873, 1872-11-23
Changes in Practice in q. 8
Courts.

We give the main 1eaturcs vi INC uiii TeCehtiy
passed by Congress modifying the practice
and proceedings in the courts of the United
States. As will be seen, it makes several i'm
portant changes:
AN Acr to further the Administration of
justice.
DIFFERENCE OF OPINION BETWEEN JUDGES.
Be 81 enacted by the Senate and House Of Re-
presentatipes Of the United States Of america an
Congress assembled That whenever, in any suit
or proceedings in a circuit court of the
United States, being held by justice of the
Supreme Court, and the circuit judge and a
district judge, there shall occur any differ
ence of opinion between the judges as to any
matter or thing to be decided, ruled or Or
dered by the court, the opinion of the pre-
siding justice or the presiding judge shall
prevail, and be considered the opinion of the
court for the time being; but when final
judgment, decree or order in such suit or pro-
ceeding shall be entered, if such judges shall
certify, as it shall be their duty to do it such
be the fact, that they differed in opinion as
to any question which, under the act of Con-
gress of April 90, 1902, might have been re-
viewed by the Supreme Court on certificate
Of difference of opinion, then either party
may remove said final judgment, decree or
ordes to the Supreme Court, on writ Of error
or appeal, according to the nature of the case,
and subject to the provisions of law appli-
cable to other writs or error in regard to bail
or supersedcas.
wRITs OF ERROR ON APPEALS.
SEC. 2 provides that writs Of error or ap-
pcals to the Supreme Court from the circuit
or district courts in civil actions must be
taken within two years. In cases of infancy,
or where the appellant is non compos mentis,
the time during which such disability shall
continue shall not be deemed portion of the
time 80 limited.
Sec. 3 provides that the Supreme Court
may allow amendments to writs of error for
errors Of forms, or defects which can be rem
edied by reference to the record, and the cir
cult and district courts shall have the same
power as to all process rcturnable to them.
BILLS OF EXCEPTIONS.
Sec. provides that bills of exceptions may
he signed by the judge of the court where
the cause was tried, or by the presiding judge
thereof, without any seal Of court or judge
being annexed.
,,,rr.cr ar cr,rr ror,p TO ,noprrD
SEC. S. That the practice, pleadings 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,
pleadings, and forms and modes Of proceed
ing existing ut the time in like 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 notwithstand-
ing. f
ATTACHMENTS, ETC.
SEC. provides for similar remedies against
the property of defendants in common law
causes in the circuit and district courts, by
attachment or other process, as are provided
by the laws of the State in which the court
is held, upon furnishing similar affidavits or
proofs. x
PRELIMINARY DEFECTS.
Sec. provides for the allowance of pre-
liminary injunctions, with or without securi-
ty, in the discretion of the district or circuit
court or judge thereof But no such applca-
ton shall be heard or allowed by any Justice
of the Supreme Court except within his cir
cult or at some outside place stipulated by
the parties, except where the application can
not be heard by the circuit or district judge
FORMAL DEFECTS.
SEC. 8. That no indictment found and pre-
scnted by the grand jury in any district or
circuit or other court of the United States
shall be deemed insufficient, nor shall the
trial, Judgment or other proceeding thereon
be affected by reason Of any defeat or imper-
lection in matter of form only, which shall
not tend to the prejudice of the defendant
IN CRIMINAL CASES.
SEC. Q. That in all criminal cases the de-
PENDANT may be found guilty Of any effense
the commission of which Ia necessarily in
cluded in that with which he is charged in
the Indictment, or may be found guilty of an
attempt to commit the offense 50 charged
proeiisd, That such an attempt be itself a
separate offense.> - v
INDIcrMENr AGAINST SEVERAL.
SEC. 10. That on an indictment Against
several, if the jury cannot agree upon YER
dict as to all, they may render verdict - e
those in regard to whom they do agree, on
which Judgment shall be entered according.
y, and the cause as to the other defendants
may De tried by another jury.
srAy OF PRocEEDIScs.
SEC III. That any party or person desiring
we any Judgment, decree, or order of any
-. s>s eurcuit court reviewed. ON writ =
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