Page:United States Statutes at Large Volume 44 Part 1.djvu/949

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

935 i Q TITLE UDICIAL 0 722. Tone of dry cf.-—·A1l broom leased mm the cttttrts or the United States shall beer mote hom the day or si1chi%tl¢.`(R. S. | 9Q2,).· · . J_ ._ " - _ 728. Home process; pr•c•e&n¢¤ in equity and mniralty.-- u‘2Lt· forms ot meme procm and the term ,u¤d’modes_ or prototdixng in snlu of édllitr. or odmlralty and mgrttlme jurisdiction ln. the `courts shall be ameeming to the .]ll'l.llCip·1€S, Ind of . {Mid of when it, V ,,;t,vlded by mmm orb: rules of court mode in pursuance thereof; but the ¢all. be subject to alteration and- addi- =·t;t·¤t by theeoid respectively, tendto reguletion by the . Qztipromo Court, by rules from time to time, to any district eoort, snot locohsistent with the laws .ot.·*the {Ilnlted States. (R. Sa { 913;) _" '_ it . __ _ 724. Confunity to practice in State courts.-—-The pi·sct1ce,, lpiesdixtgs, and forms ot proceeding in civil cruises, other than equity; and admiralty causes, in the courts, mall cotntoraix, as near [as may be, to the practice, pleadings, tilld,fobIl18 and modu of proceeding` existing et the time in like curses in the courts otrecord of <Stutewithln which such district courts are held, any rule ot court to the‘contrary» notwitlxetandlngg ,(B. 8. 914.). __ . . — ‘ _ _ ·_ t, '. Q 725. Laura- of ia rubs of- decision.--The laws of the several States, except . where- the Gonstl_t_utloo, treaties,. or statutes of `the_United othwwvise require or provide, shall he rxarded ot decision-in trials. at common law, ut . the courts of the United Stetes, ln- cases where they apply. \R·S·$_7Z1·)' _ . h ·` f · 726. Atta&@ta aa provided `by State lawa.+-In commonlaw eaueu in the district courtsthe plaintiff shall be jentltled to similar remedlw, by attachmeot or other process, against the property; of the defendant, which are now provided by the laws jot the State te whichouch court is held torthecourts thereof-? and swch district courts may, from time to time, by general rules, fhdopt such State laws as may be in ln the States where they are held lu relation ·t6_ ottacllntents and other process. » Similar preliminary a¤davlts_ or. proofs, and similar eet:urlty,as required by such &ote‘laws, shall be drst. iurnlshed by the purw mach attadunenft ‘or-othexgremedy. · (B. S.__ _ 727. _ as provided by State laws.--The recovering e judgment in any c%o¤·law cause l.¤·e.uy district court, shan to smile: remadlu upon thequme. "`by execu- ’ tloo or otherwise, to reach the property pt the judxment debtor, as are_m·ovtd& in like mums by the laws of the Shoe in which . such coort is held, or by any sochlawa jvthlch may rubsgoaentlr be adohd by l rules of audrdlrtrict court; ond such courts may, from time to time,- by general mlm, adom ouch State laws as may be ln force ln such State ln remtlou to ,@d1osf ppoh ,j enta, as atoreseld, by execution `~or ’otherwlse." (B,. SQ} 918.). _ — " _ “ ' 723. Rights of ¢¤¤PYh|.clalma¤ta_ of landdas given by State lawaf-·-Wbmun occupantot land, having color ~ of title, In good iaith his nude valunblelmprovements thereon, entflis, in the mopu addon, found not to be the rightful owner tlaemot, meh shall be &titled in the Federal courts _tealltMrlmtaa.ndrcmedler,and,uponlnititutlmtheproper proeeedlw, meh relief as gnsy be given or secured to hm*` by the statute or State or Territory, where the land lies, p ilthouzh me title ct the plalntld to the action may have been xmotoq by the United States alter said improvements were so made. (Juno1, 1874,c. wd, 18·Stat.—50.) , · A . ° 729. Proceedings in of civil rlghta.—··-The jurisdiction in civil and criminal matters eonterred on the district courtzby the provisions ot. chiptmr 8 of Title 8, and Title 18, tor the protwtleo ot all ln the United States in thm Qclvll ¤‘l$b¢¤» and for their vlndlcudomahall be exercised and

one no Jvvzczzuzr § 736 enforced in conformity with the 'lnwe of the United States, . leo tar as such laws are suitable to carry the more into ettect; ' but hi ell; cased where- they are not adapted to the object, or ure deécieut in the provisioné to {umich suitable

 and puuiih offehsw egeiust law, the common law, as

modihcd and changed, by the coustltutioo sudfotatutesl of the State iwhercip the court having jurisdiction ot such civil or

 muse i§”held, se far ae the same is not inconsistent

with use conrtltuuoiz me- .1awr or the Umm: seam, shall, m exteuxdetf to and govern the said courts lo the trfolo and diepo- · ai-tion ot the cause, and, it it is ot · s criminal nature, ln the iniiictibn oi i}\l!1iSh1D€¤C··0¤ the port; loom! guilty. QB. `B.1 {722.).] . · Y `_ ° _ " 780. Regulation of practice of district court) by Supreme Y Court.——Thg Supreme Court Shall hhvc power to .pr®be, from time to time, aug! in ahy manner not inconsistent with shy law V 0{the ‘_United States, the formé of write and other process, tm. modes _0f.’f1'8ll`1lI1g_ end ming procecdi¤¤_ and pleading, of tak-

 and obtahiiug evidence; of obtaining discovery, or  

éeeding to obtain·reliet,· of drawing op, entering, gud enrolling decrees, and ot proceeding before trustcoo appointed by the court, and generally to regulate the'·wl1ole'Dractice, to°be_used, `in suits in equitj or admiralty, by the district courts. ‘ (R. S. 731.* Rules of practice in courts.··—$·The district courts may, iromtlme to time, curl in any maxmer not inconsistent , with any law of the United States, or with a rule pre-‘ scribed by R the 'Supreme Court uuder section 730 %i.s title, t make rules and orders directing the returning of write and processes, the Bling of pleadings, the taking of 1111%, the wter· e lug-aud makhngup of judgments by default, and other Matters in vacation, and ‘·otherwise— regulate that- orwn practice as may beuecessary. or convenient for the aglv¢irceu1eut.of justice and the _#1‘€V€ilti()I1 of delajs inproceediugs. (R. S. { 918.)·_ ‘ _ , 732./ Suits for duties, impacts, taxes, . or forfei· "tures.-—·-All suits for the recovery ot any duties, imposts, or taxes, or for the enforcement of. any pmalty ‘or_.£orfeiture_ provided by any act. respecting imports ,0l';t0DIt&g¢, or the regioterlng and recording or enrolling and licensing ot resscls, or the t interual revenue, or direct. taxeg, and all suits arising under the postal laws, shall be brought in the name ot the United States., (R. 8. § 919.) “ · _ , I . ” ;_

 733. Consolidation of revenue •eizuré•.~—Whe¤ever two or

more things belonging to the same person Axe seired for an alleged violation of the revenue laws, the whole aust be iu—‘ eluded ih one suit; and it "aeparnte actioné ere prosecuted in suchcaees, the court shall copeolidxte them. (B. S. ‘§ 9M.) _ ` 734. tooave of manet offliko mature.-¢—\Vhen causes of alike nature or reletierto the same question are, pending. before a court ct the United States, or ot. any Territory, the court ‘mny make jeuch orders end rules concerning proceedings therein as may be conformable to the Queagca of court; for aroldiug uxmeccmgry costs or delay in the administration of justice, aud may cousolidate mid muses when it appears rmeonnble to do eo., (R. S. § 921.) K l .735. Minka! or deputy QS party in cause.-·—Wheh the man 'shal orhis deputy is a party lu any aux, write sae; prejcepte therein shall bedlrectedl to such diésiutereeted person ae .,..,» the court or any justice or judge thereof may appoint,_ and the person sojnppoihtecl hwy execute andreturu them. (R. S. ` {86. Seizure for forfeiture.···~——-When auy vmoel, goods, wares, or merchandise are select! by Qeuy 0$ccr ot the customs, and t p prosmeted for zqrrexrure hy virtue ot eny law respecting the

 revehee, or the registering and recoxzding, or the enrolling and

wltemtsing of vessels, the court shall cause fomteeh days' notice L to begiven of such seizure and libel, by causing the substance { of Such libel, with the cider of the court thereon, settihg forth