The Albany register. [volume] (Albany, Or.) 1868-18??, 1872-08-23
GENERAL NAruRE-No. as. !
AN ACT to further the administration of
Justice.

justice.
Be Il enacted BY the Senate and Hors
:. Of Representatives. Of The United Siat,s o
s. Amsr'ca IN Congress assembled:
That Whenever, in any suit or proceeding
= In circuit court Of the United States, beiDt
: held by justice ofthe Supreme ourt ami
= the clrcHi. judge or dislriiI judge or by The
= circuit Judge and district Judge, there shall
occur any difference ofopinOn between the
la1ges as TO any mater or thing to be decided,
ruled, or ordered by llleconrt, che opinion ol
the presiding justice or the presiding Judge
sha prevail, and be consideTel 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, il said Judges
shall certify, as it shall be their duty to do ii
slldh be the fact, that they differed in opinion
a. 10 any question which, under the. aut OF
Congress Of April twenty-ninih, eighteen
hundred and two, might have been reviewed
by the supreme Court or certificate Of differ
enoe of opinion, then either larty IN re-
move said hnal Judgment, decree, or order to
The Supreme Court, on writ of error or ap-
peal, according TO the nature of the case. and
SUBJECT to The provisions Of law applicable TO
oiher Writs oferT0r or appeals III regard to
hail and superseies
SEC. 2 Thai no judgment, decree, or onlsr
oi IirtI1s or district court Of the United
states, in any eivi action at law or in equity.
rendered afler this act shall take effect. shall
be revived by the Supreme. Court III the Unit
a. states, on wrltOf error or appeal, unless
the wti-of error be sued ON, Or the anueaf be-
taken, within two years ntter the entry Of,
si,ch Judgment, decree. or order: and no
Judgment, decree, or order OF u tlistriet court.,
rendered afser lhis aot shall take eject shall
be reviewed by . circuit court Of the United
safes upon like process or appeal, unless the
pr'sess be sued out. or the appeal I've taken,
Within one year after .theenfry of the itiilg.
ment, decreA, orsorder sought to he reyiewesi.s
Provided TIat where tarJy entitled TO
prosecute writ OF error Drfoiake an apISeal
is an infant. Or nonSsOmpos melitis. or ininiris-
Oned, such writ of error may be prosecuted.
or such appeal may he taken, within the
lsriols aboye designated after lhO entry of
the Judgment, decree, or order exclusive of
the term of such disability. The appellate
csurt may allrm, mstiIy, or reverse The judy
ulent, deireeT or or,fer brought before Il for
review, ef may direcs srch Judgment, decree,
Of order TO be rendered ;or suclI- further pro-
ceeling to be had b5 the Inferior court as the
Justice OF The c,lse may require.
SEs. j. That the Supreme Lourt NAV at any
time in it, discretion, ansi upon s,lch terms as
il may deem just, and where the deiest has
not injnred and the amendment will not =
preiRlice The defendant in error, allow an
OF a writ Of error, when there is
a mistake IN the teste Of the writ. or seal to
the writ Is wanting, or when the writ il ma lie
retuFnable on day other than lhe day Of
c0mme llcemen of the term next ensuing the
Issue Of the writ, or when the statement OF
the title VI the action of parties thereto In
the writ Is defective, If the deFect can be rem
edied by reference to the accompanying rec-
ord, and 10 all other particulars Of form
where the defect has not prejudicei, and the
anlen;insnt will not injure, the defendentin
error; AMI the circuit and district courts of
The Ulitel States shall possess The like power
Of amendment Of all process returnable to or
before them,
SEC. 4. That a bill Of executions hereafter
allowed In any canse shall be deemed suffi.
;iently authenticated If signed BIZ the iige
JE the court In which the cause was tried. or
by the presiding judge thereof, II more than
me Judge sat on the trial-of the cause, with
'ut any seal Of the court or Judge being an
leSed thereto; and all proves issued ON
he: courts ofths- United States shall hear
este from the day Of Spcli issne :.
SIC. 0. That the practice, p.ea1Ings, and.
orms and modes Of proceeding In other than 6
,quity ard admiralty causes In the circuit {
md district c0nrts Ofthe United States shall
,OniOrm, as NEAR as may be, to the practice,
,leadings, and forms and rnoicS Of proceeding
Existing at the time In like causes In the h
ourts Of record Of The State within which
n.:h circuit or district courts are held, any {
ule Of court to the contrary notwithstanding: Il
'rovidei, however, That nothing herein con-
aimed shall alter the rules Of evidence under
he laws OF the United States, and as prac.
ICED In the courts thereof u
SEC. O. That In c0mmDn-laW causes In the
lrcuit and district courts Of the Uniled States Il
le plalnId siltlI be entitled to similar rem d
dies, BY attachment or other processaganst :.
he property Of the deiendent, which are now II
r0yided for BY laws OF the State IN which
Ich court is held, applicable to the courts Of h
ich s. ate aud such circuit ordiaricf courts
Iay, from time % time, by general rules, Il
topt such Siaie laws ~ may be In foree IN
ie Slate in relation to attachments and OtiIert
rocess and the party recovering Judgment HI
sueh cause shall be entitled to similar rem
lies upon the same, by execution or o'ller- 81
ise, t0fcach the properly Of the judgement
'b.0r, az arp now provided by the laws ofthe hl
ate within whi,h said circuit or district
urte shalfb be heldin like causes, or which "a
all be adopted by rules as aforesaid: Pro ar
led, That similar preliminary afIIiavits or
ooks, and similar security as required by va
ch lava shall b. first fHrnishedby Inc PARTY
eking such attachment or other remedy. on
Sec. L Thai whenever notice Is given of do
)ti0n Tor an injunstiOn out Of circuit or
ItrLet court Of The United States, the c0urt tn
judge thereof may, If there appear TO be tn
nger Of lFreparable injury ffom delay, do
l1t 90 order restraining tho act sought 70
eniOined until the decision upon the an0iion.d PE
;h order may be granted with or without pa
nrify, In the discretion Of the court or III
&c: Provided. That no justice Of the sn- ms
me Court shall hear orallow apy applIca- laI
D Tor an injunction or restraining 0rler,
;ept within the circult 10 whish he is allOt- std
, and In causes pending IN the circuit to lar
lch he is allotted, or in such cauees At such
20 outside Of The circuit as the parties may me-
EriiiDg stipHlaIe, exsept In causes where thT
h application cannot be heard by the cir en'
inItge Of theeircnli. or the district Judge slia
he dlsirict. an
nc. 3. That no Indictment found and pre- ret
tel BY q grand jury IN any dittFict or cir
or other court 0fthe United States shall be ant