Page:United States Statutes at Large Volume 18 Part 1.djvu/246

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174 ’h·ru¤ xm-—THE JUDICIARY.—Ch. 18. Sec. Sec. 1031. When peremptorychallenges exceed i 1037. Indictrnents remitted by circuit and the number allowed by aw. district courts to each other. 1032. Prisoner standing mute, &c. | 1038. Remission from district to circuit 1033. Copy of indictment alpd 09::0*1: , 1039 Alcourt pildiliicult casesgd { d and witn sses to e e ive . icapi a cases remitt rom isprisoner ign ca ital cases. trict to circuit courts. 1034. Persons indicted, for capital crimes ‘ 1040. When a capital case is carried to the entitled tocounsel and to compel Supzzme Court., execution postwitnesses. pon . 1035. Verdict of less offense than charged. 1041. Judgments for fines, how collected. 1036. \’eir¢1ict;.gainst part of several jomt 1042. Poor eciopvithts sentenced and imprise en ants. on or nes. _ S€¤ll¤&¤¤<l iw- Sec. 911. All writs and processes issuing from the courts of the United mg °iYI]iL__.__ States shall be under the seal of the court from which they issue, and 8 May, 1792, c. shall be signed by the clerk thereof. Those issuin from t c Supreme 36· B- l· *-1- P- 275- Court or a circuit court shall bear tests of the Chief drustice of the L nited States, or, when that office is vacant, of the associate yustice next in precedence, and those issuing_ from a district court shal bear teste of the ]ud(ge, or, when that office IS vacant, of the clerk thereof. The seals of sai courts shall be provided at the expense of the United States. 'leste of process. Sec. 912. All process issued from the courts of the United States d“Y °f· 4_ __ shall bear teste from the day of such issue. I June, 1872, c. 255, s. 4, v. 17, p. 197.-Atherton et al. v. Fowler et al., 91 U. S., 143. 1:1/Iesnc process. Sec. 913._The_forms of mesne process and the forms and modes of

°d *:5:;} proceeding in suits of eq_u1ty and of admnpalty and maritime jurisdiction

,.,,;,y_ in the circuit and district courts shall sc according to the principles, —éS,*§eT*—·pt_’,78,;j,; rules, and usages which belong to courts of equity and of admiralty, 21, B, 2, v_ 1, respectively except when It IS otherwise provided by statute or b rules 8 May, 1792, c. of court malie in pursuance thereof; but the same shall be subiect to 3“i;·£i:·1igég7g· alteration and addition by the said courts, respectively, and to regula- 68_,,_],vY{,, pj7S: tion by the Supreme Court, by rules prescribed, from time to time, to 1 Augq 1842, c_ guy circuit or istrict court, not inconsistent with the laws of the United 109, v. 5, p. 499. tates. — Grayson v. Vi 'nia, 3 Dall., 320; Wayman v. Southard, 10 Wh., 1; Bank of United States v. Halstead? 10 Wh., 51; Munro 1r. Almeida, 10 Wh., 488; Boyle 1; Zacharie, 6 Pet., 658; Duncan’s Heirs v. U. S., 7_Pet., 435; Beers c. Haughton, 9 Pet., 359, 300; Hanison u. Nixon, 9 Pet., 507; Story v. Livingston, 13 Pet., 359; Gaines v. Relf, 15 Pet., 9; Penn- Hlvanna vi Wh(¢;elingNBr{dge {3) H%wéig64; McKinlay v. Morrish, 21 How., 347; uisiana ns. c. v. nc erson, we , . P1’9¤ti<=Q¤¤d{>l;0· _ Sao, 914. The practice, pleadings, and forms and modes of proceeding °°°dt,mnl"$`;;:y°an°({ indc1y1ltca1:ses, ogaherhtpan egmty and admiralty causes, in the circuit ,,,],,,,,,.,,1;,, cause, an .1S r1c cour s, s a con orm, as near as may be, to the practice, m-.;.. pleadings, and forms and modes of proceeding existm at the time in 1 June, 1872, c. rke causes in the courts of record of the State within which such 3;- ¤· 5, V- U- P- cirtcuiphotra dgstrict courts are held, any rule of court to the contrary ‘ no W1 s n ing. Elmore v. Grxiymes, 1 Pet., 469; U.S. v. Robeson, 9 Pet., 319; Wilcox v. Hunt, 13 Pet., 378; Minor v. illotson, 2 l-low., 392; Gwyn v. Barton, 6 How., 7; Townsend v. Jemison, 7 How., 706; U. S. v. Coxe, 7 How., 833; Sears v. Eastburn, 10 How., 187; Fenn v. Holme, 21 How., 481_; Hoolper v. Scheimer, 23 How., 249; Sheirburu c. Cordova, 24 How., 423;_L. S. r. Council of eokuk, 6Wall., 514; Martin r. Criscuola, 10 Blatch., 211; Lewis v. Gould, 13 Blatch., 216; Bills v. New Orleans, &c., R. R. Co., 13 Blatch., 227; Judson r. Macon County, 2 Dill., 213; Weed Sewing Machine Co. v. Wicks, 3 Dill., 261; Perkins v. City of Watertown, 5 Biss., 320; Jewett 1·. Hone,·1 Woods, 530; Hall v. (1gimngCcmpany, 1 Woods, 544; Ethridge v. Jackson, 2 Saw., 508; Blease v. Garlington, Mi-¤¤h¤¤¢¤*¤· Sac, 915. In common-law_ causes in the circuit and district courts the 1 _;,m,,_ 18-y2_ c_ plaintiifshall be entitled to similar remedies, by attachment or other proc- 255. s. 6, v. 17, p. ess, against the property of the defendant, which are now provided by 197- the laws of the_ State in which such court is held for the courts thereof; Chittgndgrfg and such circuit or district courts may, from time to time, bv general Case,2W00d¤,437. rules, adopt such_State laws as may be in force in the States where they are_held mrelation to attachments and other process: lwrvizled, That similar preliminary aflidavits or proofs, and simi ar security, as required