Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1873-03-28

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shall take effect, shall be reviewed by the Supreme
Court the United States, writ Of error or appeal
unless the writ Of he sued out the appeal bo
taken within two years aer the entry of such Judge
ment, decree order; and no judgement, Decree or
order Of district court rendered alter tnls aet shal
United States upon like process or appeal, unless the
process he sued out or the appeal be taken, within
one year aor the entry Of the Judgement decree,
order sought 10 he reviewed Provided, That whore
party entitled to prosecute writ of error or to take
an appeal IL infant, or non compOs ments, or i'm
prsoned such writ Of may he prosecuted, such
appeal may be taken within the periods above desig
mated ar the entry Of the Judgement decree, or or
der exclusive Of the term Of such disability The APP
peate court may affirm modify, or reverse the Judge
ment Decree order brought before II for review, or
may direct such Judgement, decree, order to he
rendered. ouch further proceedings to be had by the
inferer court the justice Of the may require
SEC. g. That the Supreme Court may at any time
in ITS discretion aud upon such terms as 1t may deem
lust. and where the defect has not injured and the
amendment will not prejudice the defendant in error,
allow amendment Of writ Of error, when there e
mistake In the test OF the writ, or seal TO the writ
Is wanting or when the writ is made returnable on
day other than the day Of the commencement Of the term
next ensuing the issue of the writ or when the state
ment of The te of the action or parties thereto in the
writ Is defective If the defect can be remeaied by
a,e 70 Of ~ firm where tie defect has moi prs
| diced and the amendment Will not injure the defend
ant in and the circuit and district courts of the
United States shall possess the Ike power Of amend
ment of all process returnable to or before them.
SEC. 4. That bill of exceptions hereafter allowed
In any cause shall be deemed sufficiently authenticated
f signed by the judge Of the court in which the
was tried, OF by the presiding judge thereof if more
any seal of court Judge being annexed thereto and
process issued from the courts of the United States
shall boar teste from the day of such issue.
SEC. S. That the practice, pleading, and forms
and modes Of proceeding 10 other than equity and
admiralty causes in the circuit and district courts Of
the United States shall conform, may be- to
the practice, peadings, and forms and modes of pro
ceedng existing at the time IN like causes IN the courts
| Of record Of the State within which such circuit
district courts held any rule Of court to the contra
| ~ Notwithstanding! Provided, however That moth
lag herein contained shall alter the rules Of evidence
under the laws of the United St'tes, and as pracced
| In the courts thereof,
| SEC G. That in common-law causes in the circuit
and district courts Of the United States the plaintiff
shall be entitled to similar remdes, by attachment
other process against the property OF the deenant,
which provided for by the laws of the State in
which such court is held, applicable to the courts Of
such state and such circuit or district courts may,
from time to time, by general rules, adopt such State
laws n may he In force in the State In relation TO
attachments and other process and the party
ing judgement in such cause shall be entitled to similar
remedies upon the same, oy execution OF otherwise,
| now provided by the avs Of the State within which
said circuit or district courts shall be held in like
causes or which shall he adopted by rules aforesaid
Provided That similar preliminary ahdayits or proofs,
and similar security as required by such laws shall he
first furnished by the party seeking such attachment
/ or other remedy.
SEC. I. That whenever notice is given Of motion
for injunction out of circuit or district court Of
the United States the court or judge thereof may
there appear be danger of irreparable injury from
delay grant order restraining the act sought to he
| enioined until the decision upon the motion. Such
order may granted with or without security, in the
discretion of the court or Judge Provided That no
Justice of the Supreme Court shall hear allow any
application for an injunction or restraining order,
except within the circuit to which he is allotted, and
in causes pending in the circuit to which he is allotted,
or in shch at such place outside Of the circuit
as the parties may in writing stipuate except in
causes where such application cannot be heard by the
circuit Judge Of the circuit or the district judge of the
| SEC. g. That no indictment found and presented
by grand jury in any district or circuit or other
court Of the United states shall be deemed insufficient,
nor shall the trial, Judgement, or other proceeding
lection in matter Of form only, which shall not tend TO
| tht "a al defendant.
| SEC 9. That in all criminal causes the defendant
may he found guilty of any ofiense the commission Of
which is necessarily inolnded that with which he
charged IN the indictment or may be found guilty Of
an attempt commit the Uiense charged Provided,
| That such attempt be itselfa separate otlense.
| SEC. TO- That on an Indictment against several, if
the jury cannot agree upon verdict as 70 ALL they
they agree, which Judgement shall be entered
accordingly and the cause as to the other defendants
SEC H. That any party or person desiring to have
any Judgement decree or order OF any district or cir
cult court reviewed writ of appeal, and TO
stay proceedings thereon during the pendancy OF such
writ Of appeal may give the security requir-
Of such judgement decree, or order, aerward with
the permission Of justice or judge of the said appel
| SEC H. That in all criminal or penal causes in
which judgement sentance has been or shall be rem
dered, imposing the payment OF hne or penalty,
| whether alone with any other kind Of punishment
the said Judgement, 50 far as the fine or penalty Is
concerned may, enforced by execution against the
| property of the defendant IN Ike manner asJudge
| ments IN civil are enforced Provided, That
|
ne imprisoned until the hne or penalty imposed Is
| pad, the issue VI execution on the Judgement shall
not operate TO discharge the Defendant rom mPrlsoh
ment until the amount Of the Judgement is collected
| VI otherwise paid
SEC. 10. That when in any suit IN equity commenc-
| leyaI or euuitable lien or claim against real Or
personal property within the district where such suit
n ro I'M one or more OF the defendants therein shall
not be inhabitaut VI or found within the said dis
trct shall not voluntarily appear thereto, II shall
me- IaNfd for the court to make an order directing
Ia
| demur to the complainants oil ut certain day
therein 10 be designated when Oruer sl Oe yea on
such absent defendant II practicable, wherever found
| or where such personal service ID not practicable
such order shall Ue published in such IN 'nner as the
court shall direct; anu in such absent defendant
shall not appear plead answer or uenur Wlthln the
time limited, OF within some further time, To be
allowed by the court in its discretion, aud upon proof
Of the publication OF said order, and O the
performance Of the directions contained IN the same,
shall lawful for the court 10 entertain jurisdiction and
proceed the hearing aud adjudication OF such suit
| in the same manner as If such absent defendant had
peen served with process within the said district but
said ADJUDICATION shall, regards such absent defend
aud without appearance, affect his property within
| such district only.
SEC. IA. That when a poor convict sentenced by
any court Of the United States tn be imprisoned and
pay fine, fine and cost, to pay ane or line aud
cost has confined in prison thirty days, solely for
the non-payment of such tine, fine and cost, such
convict may make application in writing TO any com
missioner Oi the United court the district
where he imprisoned setting forth his inability to
pay such fine ne and cost and after notice to the dis
trict attorney OF the United States who may appear,
offer evidence, and be heard the commissioner shall
proceed ~ hear and determine the matter aud on
examination il shall appear u him that such convict
unable to pay such fne, fine and cost and that he
has not any property exceeding twenty dollars IN
rom being taken on execution for debt the commits
soner shall administer 10 him the following OATH ~
do so wGIr tnSt a"ys H 1%eS an TIPSt es
such as is by law exempt from being takeu on civll
precept for debt by the laws of Estate where oath is
administered - aud that have no property in any way
conveyed concealed, or In any way dispos-
ed Of for my future use or benefit; So help me
God " And thereupUn such convict shall be dlschus
| ed the commissioner giving TO the ailor or keeper
Of the Jail "a certificate setting forth the facts.
SEC To- That if any time after such discharge Of
such convict it shall be made TO appear
that i'm taking the aforesaid oath he swure
falsely he may be indicted, convicted and
punished for perjury, and be liable to the
penalties prescribed in section thirteen OF an
act entitled An act more cllectually to pro-
vide for the punishment OF certain crimes
| against the United States and for other pur-
poses, approved March third, A. ID. eight
cen hundred aud twenty-five.
| SEC. Is. That the fees OF the commissioner
for the examination and certificate provided
for in tets act shall be five dollars per day
for every day that he shall be engaged in
such examination.
Approved, June |, 1872.
GENERAL NAIURE-NO ga
AN ACT making appropriations for the SER
vice OF the Post Office Department for the
T year ending June thirty, eighteen hundred
and seVenty-three.
BE 1t enacted by the Senate and House OF
Representatives of the United States OF
America in Congress assembled, That the
following sums he, and the same are hereby,
appropriated for the service of the Post Office
Department for the year ending June thIti-
eth, eighteen hundred and seventy three, out
of any moneys in the treasury arising from
the revenues of said Department, in conform
ity to the act of July second, eighteen hun
bred and thirty-siX, as follows
, For inland mail transportation, thirteen
million twenty-four thousand seven hundred
, and siXty-three dollars.
For pay of mail-messengers, six hundred
. and three thousand six hundred and seventy.
four dollars,
For pay OF route-agents, nine hundred and
thirty-elght thousand and five dollars.