, 1872-07-18

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difference of opinion between the Judge,
as to any matter or thing to be decided
ruled. or ordered by the court. the opin
ion of the presiding justice or the pre-
siding judge shall prevail, and be con
sidered the opinion of the court for the
time being; but when final Judgment
decree or order in such suit or proceed
ing shall be entered, if said judges shal
certify, as it shall be their duty TO do j.
such be the fact, that they differed il
opinion as to any question which, un
der the act of Congress of April 20, 1902
might have been reviewed by the Su
preme Court on certificate of difference
Of opinion, then either party may re
move said final judgment, decree or or
der to tie Supreme Court, on writ of er
Tor or appeal, according to the nature
of the case, and subject to the provision
of law applicable to other writs or er-
ror in regard to bail or supersedeas.
wRITs OF ERROR ON APPEALS.
SEc.2 provides that writs OF error or ap'
peals to the Supreme Court from the
circuit or district courts in civil actions
must be taken within two years, and APP
peals from the district to the circuit
court must be taken within one year.
In cases of infancy, or where the appel
liant is non c0mp0s mentiS; the time dur.
ing which such disability shall continue
shall not be deemed portion OF the
time SO limited.
AMENDMENTS.
SECS provides that the supreme Court
may allow amendments to writs of errol
for errors of forms, or defects which Cali
be remedied by reference to the record,
and the circuit anu district courts shall
have the same power as to all process
returnable to them.
BILLS OF EXCEPTIONS:
Sec. provides that bills OF exceptions
may be signed by the judge of the cour,
where the cause was tried, or by the pre-
siding judge thereof, without any seal
of court or judge being annexed.
PRACTICE OF STATE COURTS ADOPTED.
Sec. 5. That the practice, pleadings
and forms and modes of proceeding Ill
other than equity and admiralty causes.
in the circuit and district courts of the
United States shall conform, as near as
may lie, to the practice, pleadings. and
forms and modes of proceeding existing
at 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 notwlth
standing.
ATTACHMENTS, ETC.
SEC. 6 provides for similar remedies
against the property of defendants il
common law causes in the circuit arc
district courts, by attachment or Other
process, as are provided by the laws oi
the state in which the court is held, up
on furnishing similar affidavits or proofs
PRELIMINARY INJUNCTIoNs.
SEC. Z provides for the allowance o.
preliminary injunctions, with or with
out security, in the discretion of the dis
trict or circuit court or judge thereof. :
But no such application shall be heart
or allowed by any justice of the Supreme
Court except within his circuit Or a
some outside place stipulated by tht
parties, except where the application
cannot be heard by the circuit or dis
trict Judge.
FORMAL DEFECTS.
Sec. 8. That no indictment found ant
presented by the grand jury in any dis
trict or circnit or other court of the Uni
ted States shall be deemed insufficient
nor shall the trial, judgment or othel
proceeding thereon be affected by rea
son of any defect or imperfectlon il
matter of form only. which shall mo-
tend to the prejudice of the defendant.
IN CRIMINAL CASES.
Sec. 8. Thai in all criminal cases the
defeudent may be found guilty of any
offense the commission of which is ne
cessalily included in that with which ht
is charged in the indictment, or may be
found guilty of an attempt to commiI
the offense SO charged: prorided. Thai
such an attempt be itself seperate Of
fense.
INDICTMENT AGAINST SEVERAL.
SEC. 10. That on an Indictment against
several, if the jury cannot agree upon q
verdict as to all, they may render a yer