The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-05-31
4 HES. rr.apsrss.,s I,.v J,

The following highly important law Ina,
been passed by Congress. It will be seen
that It makes sweeping changes ii, the laws, on
the same subject as they now stand. and limit,
Underworld privilege Of doing Injustice
1t allows Federal courts to grant INJUNCTION.
to take effect at once. When the Chaboon
| md Ellyson case was up, Underwood could
not do this; SO in this respect his privilege.
are enlarged. 1t allows appeals, writs O,
error, sc. But see for yourself:
AN ACT TO FURTHER THE ADMINISTRATIONS q,
JUSTICE.
Be IL enacted by The Senate and Hfntse o,
Representatives Of the United ,Sfates nj
america in Congress assembled, That when.
ever, in any suit or proceeding in circuit
court of the United States being held nv n
Justice OF the Supreme Court and the Circuit
Judge or n district judge, or by the circIlii
judge aud a district judge, there shall occ,u
any difference Of opinion between the ildpes
as to any matter or thing to be decided
ruled, or ordered by the court, the opinion
Of the presiding 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 proceeding shall be entered. il
said judges shall certify, as it shall be tbeiI
duty to do if such be the fact. that they
differed in opinion as to any question which
under the act Of Congress of April 90. 1902
might have been reviewed by the Supreme
Court on certificate of difference of opinion,
then either party may remove said final ilitlg-
ment, decree, or order to the Supreme Court.
on writ of error OF appeal, according to the
nature Of the case. and subject TO the pro-
visions of law applicable TO other wrils OF
error or appeal III regard 10 bail and SUPER
sedeas.
SECTION =. That no Judgment, decree, or
order of a circuit or district court of the
United States, in any civil action ut 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 lie 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
the district court, rendered after this act
shall take effect, shall he reviewed by a cir
cult court OF the United States upon like pro-
cess or appeal unless the process 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 u
writ OF error or to take an appeal is an infant,
or non compoS ment'S, or imprisoned, such
writ of error may be prosecuted, or such ap-
peal 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 appellate court may
affirm, modify. or reverse the Judgment, de-
cree, or order brought before it for review,
or may direct such Judgment, decree, or or
der to be rendered, or such further proceed
lngs to be had by the inferior court AS the
justice OF the case may require.
SECTION 8. That the Supreme Court may
ut any time, in its discretion, and upon such
terms as it may deem just, and where the
defect has not injured and the amendment
will not prejudice tho defendant in error,
| allow an amendment of a writ of error.
when there is a mistake in the test of the
| writ, or seal to the writ is wanting. or
| 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 OF the ac-
ton or parties thereto in the writ is tcfcc
tive, if the defect can lie remcdicd bv refer
encc to the accompanying record. and in all
other particulars of FORM where the defect
has not preiutliced and the amendment will
not iniurc the defendant in error; and the
Circuit and District Courts of the United
States shall possess the like power of amend
mcnt of all process returiable to or before
them.
SECTION 4. That bill of exceptions here
after allowed in any cause shall he deemed
sufficiently authenticated if signed by tn,
Judge of the court in which the cause wa
tried, or Ivy the presiding Judge thereof, i
more than one judge sat on the trial of tn
cause. without any seal Of court or judg
being annexed thereto and all process is
sued from the courts OF the United State
shall bear test from the day of such issue.
SECTION ). That the practice. pleadngs
and forms and modes of proceeding in othc
than equity and admiralty causes in the eli
cult and district courts Of the United State
shall conform as near ~ NAY he to the pf;lt
ticc, plcauings, and.forms and modes of pre-
ceeding existing ut the time in like causes i
the courts of record OF the State within
which such circuit or district courts ar
held. any rule of court to the contrary moi
witllstanding: P,0rided, ho,ceuer, That nc
thing herein contained shall alter the rules c
evidence Under the laws of the United State
and lis practiccd in the courts thereof.
SECTION 6. That in common-law causes i
the circuit and district courts of the Unite
States the plaintiff shall be entitled to Simila
remedies, by attachment or other process
against the property of the defendant, whic
are now provided for by the laws of the Stat
in which such court is held, applicable to tn
courts of such State; and such circuit or d
trict courts may, from time to time, 10y gene
raj rules, adopt such State laws rs may be i
force in the State in relation to attachment
and other process; and the party recoyerin
Judgment in such cause shall he entitled {
similar remedies upon The same, lag rXrlitiO
or otherwise, to reach the property Of TIL
Judgment debtor, rs are now provided b
the laws of the State within which said ci
cult or district courts shall I've held in lik
causes, or which shall he adopted ny rules {;
aforesaid PrOrided, That similar prclinl
nary a1fidayitS or proofs, and similar seclirit
as required by ouch laws, shall lie first III
nshed by the party seeking such attachmcI
|, or other remedy.
SECTION 7. That whenever notice is give
of Il motion for an injunction out Of circu
or district court of the United States, I'll
court or the judge thereof may, if there al
; pear to be danger of irrepar.hlr injury trol
delay. grant an order restraining the az
sought to be enioincd until the decision upo
the motion. Such order may be granite
> with or without security, in. the discrctio
of the court Or judge: PROCEEDED, That II
justice of the Supreme Court shall hear c
allow any application for an injunction c
restraining order except within the circu
to which he is allotted, aud in causes pent
ing in the circuit to which he is allotted, G
in such causes at such place outside of TIL
circuit as the parties may i'll writing stipl
late, except in causes where such applicatio
cannot he heard by the circuit Judge of tn