198 FORTY-SECON D CON GRESS. Sess. II. C11. 255. 1872_ where such application cannot be heard by the circuit judge of the circuit, or the district judge of the district. Iudicfmwfs, Sec. 8. That no indictment found and presented by a grand jury in any fééétgglgg gg_ district or circuit or other court of the United States shall be deemed inrccmn mat- sufficient, nor shall the trial, judgment, or other proceeding thereon be t*f5*°*° mm affected by reason of any defect or imperfection in matter of form only, y' which shall not tend to the prejudice of the defendant. In ¢¤i¤¤i¤¤l Sec. 9. That in all criminal causes the defendant may be found nilt causes defendants . . . . . . . g . y mm, be found of any offence the commission of wh1ch is necessarily included in that with guilty of what which he is charged in the indictment, or may be found guilty of an attempt °“‘*¤°°S- to commit the offence so charged: Provident That such attempt be itself a separate offence. Where thsre Sec. 10. That on an indictment against several,if the jury cannot agree tE;;;’;'f;°j°Qty upon a verdict as to all, they may render a verdict as to those in regard to may agi-cc upon whom they do agree, on which a judgment shall be entered accordingly;
- 0;t<“·;d£;=¤ W and the cause as to the other defendants may be tried by another jury.
Attothtt ttm Sec. 11. That any party for persontdesiring to have any judgment, for the other-s. decree, or order of any chstrict or circuit. court reviewed on writ of error w§;°g;.”*gt_:: or appeal, and to stay proceedings thereon during the pendency of such &t,__‘i0 be given writtof error or appeal, may give the security required by law therefor 3¤a€:1¤0;1;gr_ within sixty days after the rendition of such judgment, decree, or order, wtfé by p8tmtS_ or afterward with the permission of a justice or judge of the said appelsion. t _ 1%% C0\1I‘i',.
:;;';t';”;htg_ Seo. 12. That in all criminal or penal causes in which judgment or
ments for fines, sentence has been or shall be rendered, imposing the payment of a fine or g;tp¤35‘;>;;; penalty, whether alone or with any other kind of punishment, the said ttm as Q; ctvtt judgment, so far as the fine or penalty is concerned, may be enforced by cases. _ execution against the property of the defendant in like manner as judg- P¤’°V¤¤°· ments m civil cases are enforced: Provided, That where the judgment directs that the defendant shall be imprisoned until the fine or penalty 1mposed is paid, the issue of execution on the judgment shall not operate to discharge the defendant from imprisonment until the amount of the I t t judgment ts collected or otherwise paid. DG H1 SU] 8 ‘ ~ - · · · . to Bnttgce éatms br.o.·13. That when in any suit m equity, commenced 111 any court of upontpwpeqtg in the United States, to enforce any legal or equitable lien or claim against tflw drstrrctu real or personal property within the district where such `t ° b ¤h there is un ab- _ f . ‘ sm is mug; lh mtt dttmfmt one or moie 0 the. defendants therem shall not be an inhabitant of or Ecurtmay crdcr found within the said district, or shall not voluntarily appear- thereto, it
<>¤I>1>¤¤¤i shall be lawful for the court to make an order directing such absent defendant to appear, plead, answer, or demur to the complainantfs bill at 2.
cgrtam day therein to betdesignated, which order shall be served on such a sept defendant, 1f pracucable, wherever found, or where such personal service is not practicable, such order shall be published in such manner as mroridicr, how the court shall direct; and in case such absent defendant shall not appear, com to htm plead, answer, or demur within the time so limited, or within some further £l[is(licu0nif; time., to be allowed by the court in its discretion, and upon proof of the <=· service of publication of said order, and of the performance of the directions contained in the same, it shall be lawful for the court to entertain Property with- _]pr¤sd1ct10¤, and proceed to the hearing and adjudication of such suit in in the dtttttct the same manner as if such absent defendant had b ‘ . . . , _ een served with proonly atfcctcd. cess within the said district, but said adjudication shall as revards such . . > ppsinctldefeudant without appearance, affect his property withid such disnutrgkgsitgitttjv gl That when at poor convict, sentenced by any court of the ttm and costs, · H1 tates to be imprisoned and pay a fine, or fine and cost, or to a and gmpr;S(,,,Qd a fine, or fine and cost, has been confined in riso th' · d· · p y yotthttty days the nom p n 11ty ays, solely for for mm_my_ Y tpaymentof such fine, or fine and cost, such convict may make gtttt tttttt, be dit ztttpp tpiation m writing ltot any commissioner of the United States court in rgc . e strict where he 18 1mpmsoned, setting forth his inability to pay such
