A Manual of Practice in the Courts of the United States: Embracing the Provisions of the Constitution, the Revised Statutes, and Amendments Thereto Relating to Federal Courts, Together with the Rules Promulgated by the Supreme Court of the United States, Volumen1

Robert Desty

Bancroft-Whitney Company, 1893

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CONSTITUTIONAL PROVISIONS 1 Supreme and superior courts 2 Extent of judicial power 3 Limitation of judicial power 4 Personal security 5...	7

Form of return	14

Body of the party to be produced 367 Day for leaving 8 368 Denial of return	42

Equal protection of the laws	46

Judges 12 Supreme law of the land	49

CHAPTER II	53

Trial of issues of fact	58

Jurisdiction in cases transferred from territorial courts	59

Issue tendered when garnishee denies indebtedness	458

FEES	459

Bailing of property seized under customs laws	460

Sale after condemnation	461

In cases of seizure bailing of property in vacation	462

Delivery bond in admiralty proceedings	463

Special bail required in suit for duties and penalties	464

When defendant giving bail in one district is committed in another	465

Commissioners to administer oaths to appraisers	60

Circuit court powers of certain district courts abolished	61

86 Exclusive cognizance of crimes	86

Suits in what district brought	87

Suits by assignees	88

Citizenship of national banking associations	89

Not to accept certain cases	90

No appellate jurisdiction	91

Concurrent with court of claims	92

Jurisdiction of cases transferred from district courts on account	93

Recognizance of witnesses at the hearing of charges in criminal cases	100

21 Seizures where cognizable	113

Terms of district courts	120

Terms of circuit courts	121

Change of terms	123

Courts always open for certain purposes	124

District court open for admiralty of Florida	125

Terms in Kentucky and Indiana	126

Service on several defendants 23 Absent defendants how served 24 Suits against inhabitants of the United States 25 Causes not discontinued by new...	127

Adjourned terms	128

Adjourned terms in Kentucky and Indiana	129

Special terms	130

TennesseeWhen circuit judges may act as district judges	131

AdjournmentNonattendance of the judge	132

Alabama California and other States	133

Kentucky and Indiana	134

Intermediate terins	135

Business certified to circuit court in case of disability of district judge	136

Suits brought in district court after order certify circuit court	137

Powers of district judge vested during disability in circuit judge	138

Preparatory examinations and orders in admiralty cases by district clerk	139

District judge designated to perform duties of disabled judge	140

Designation of judge in case of accumulation of business	141

Offenses on the high seas 34 Offenses begun in one district and completed in another 35 Offenses punishable wlth death where tried 36 Offenses o...	142

Revocation and new appointment	143

CHAPTER III	144

Duty of judge to comply with designation 145 Designation of district judge when public interest requires	145

Expenses by district judge designated to southern district of New York	146

147 Of district judges in Florida	147

Of judges of northern and southern district of New York	148

When district judge of eastern district of New York may act in southern district	149

42 May be paid monthly 43 Clerks 44 In States enumerated	150

Continuance by vacancy in office of district judge	151

Vacancy in office of district judge	152

Recognizances to a certain term in southern district of New York	153

Deputy clerks	154

Special sessions for criminal trials near the place of the offense	155

Adjourned terms Missouri	156

California Oregon and Nevada special sessions	157

Kentucky and Indiana special terms	158

Mississippi special terms	159

Tennessee special terms	160

Compensation of deputy clerks 47 Records where kept	161

Indices to records	162

Special terms general rule	163

Special term business transacted	164

CHAPTER IV	165

Adjournment in absence of the judges by written orders	166

165	211

When a Territory becomes a State after judgment or decree	217

Prize causes after appeal	235

CHAPTER V	238

Circuits	239

CHAPTER VI	240

Circuit judges 66 Additional circuit judge	241

Circuit courts where established 68 Circuit courts by whom to be held	243

Judges may be directed to sit together 70 Justices of Supreme Court to attend once in every two years 71 udges of circuit courts may sit apart	244

Circuit courts held at same time in different districts 73 Criminal terms in the southern district of New York how held 74 When district judges may s...	245

When suits transferred from one circuit to another	246

Causes certified back	247

Justices may hold courts of other circuits on request 78 When no justice is allotted to a circuit	248

Clerks	249

Deputy clerks	250

Compensation of deputy clerks 82 Commissioners	252

Officers forbidden to practice as attorneys	253

CHAPTER VII	254

Final recordHow made	255

Courts always open for certain purposes	299

In bankruptcy	300

CHAPTER VIII	301

Payment of jurors and witnesses	332

Fees of district attorneys	333

FeesHow recorded	334

Suits by poor persons costs and counsel	335

Affidavit of poverty	336

Process to issue	337

Assignment of counselCosts on judgment	338

territorial court	363

Summary hearingDisposition of party	369

In cases involving the law of nations	370

Appeals to circuit court	371

Appeal to Supreme Court	372

Appeals how taken	373

Pending proceedingsAction by State authority	374

No witness excluded on account of color or interest	375

Defendants in criminal cases competent witnesses	376

Testimony of witnesses before Congress not admissible against them in criminal prosecutions	377

Pleadings disclosures etc not to be used in criminal proceed ings	378

Mode of proof in commonlaw actions	379

Mode of proof in equity and admiralty causes	380

Notaries may take depositions acknowledgments	381

Depositions de bene esse	382

Mode of taking depositions de bene esse	383

Transmission to the court of depositions de bene esse	384

Depositions under a dedimus potestatem and in perpetuam	385

Depositions in perpetuam etc admissible at discretion of the court	386

Depositions under a dedimus potestatem how taken	387

Subpoena duces tecum under dedimus potestatem	388

Witness under a dedimus potestatem when required to attend	389

Depositions in District of Columbia in suits pending elsewhere	390

Same subject When no commission nor notice	391

Same subjectManner of taking and transmitting the deposi tions	392

Same subjectWitness fees	393

Letters rogatory from United States courts	394

Letters rogatory from foreign courts	395

Subpoenas for witnesses to run into another district	396

Witnesses form of subpoenaAttendance under	397

Witnesses on behalf of indigent defendants in criminal cases	398

Copies of department records and papers	402

Copies of records etc in office of the solicitor of the treasury	403

Instruments and papers of comptroller of the currency	404

Organization certificates of national banks	405

Transcripts from books etc of the treasury in suits against delin quents	406

Transcripts from books of the treasury in indictments for embez zlement of public moneys	407

Copies of returns in returns office	408

Copies of postoffice records and auditors statement of ac counts	409

Copies of statements of demands by postoffice department	410

Copies of records etc of general landoffice	411

Copies of records etc of patent office	412

Copies of foreign letterspatent	413

Printed copies of specifications and drawings of patents	414

Extracts from the journals of Congress	415

Copies of records etc in cffices of United States consuls	416

Certain books and papers in offices of district and circuit courts in Texas Florida Wisconsin Minnesota Iowa and Kansas	417

Transcribed records in the clerks offices of western district of North Carolina	418

When original records are lost or destroyed	419

Same subject	420

ent in absence of the judges 166 Adjournment in absence of the judges by written orders	421

Records of United States ocurtsNotice	422

Force and effect of papers restore	423

Same subject	424

Authentication of legislative acts and proof of judicial proceed ings of States	425

426 Proof of records etc kept in offices not pertaining to courts	426

Copies of foreign records etc relating to land titles in the United States	427

Little Browns edition of the statutes to be evidence 429 Printed copies of statutes to be evidence	429

Revised Statutes	430

Burden of proof when it lies on claimant in seizure cases	431

Possessory actions for recovery of mining titles 432 a Supplement to Revised Statutes as evidence	432

Sealing and testing of writs	433

Teste of process day	434

Mesne process and proceedings in equity and admiralty	435

Practice and proceedings in other than equity and admiralty cases	436

Attachments	437

Executions in commonlaw causes 439 Power of the Supreme Court to regulate the practice of circuit and district courts	438

Practice in the several courts to be regulated by their own rules	440

441 Suits for duties imposts taxes penalties or forfeitures	441

Consolidation of revenue seizures	442

Orders to save costs and consolidation of causes of a like nature 444 When the marshal or his deputy is a party in a cause	444

Seizures for forfeitures in certain cases	445

Attachments in postal cases	446

Application for warrantBy whom and how made	447

Issuing warrant duty of clerk and marshal	448

Ownership of attached propertyTrialOther remedies	449

Proceeds of attached property to be invested	450

Publication of attachment	451

Persons having property of defendants to account for itSales voidPersonal notice	452

Discharge of attachment bond	453

Accrued rights not to be abridged	454

Attachments dissolved in conformity with state laws	455

Property taken under revenue laws irrepleviable	456

CHAPTER X	457

Allowing prisoners to escape	466

Application of preceding section	467

Defendant held until judgment in the first suit 469 Bail and affidavits may be taken by commissioners of circuit courts	469

Calling of bail in Kentucky	470

When clerks may take bail de bene esse	471

Amendment of process	472

Priority of cases in which a state is a party	473

SUPREME COURTORGANIZATION 189 Number of justices 190 Precedence of the associate justices 191 Vacancy in the office of chief justice 1...	474

Suits of United States against individuals what credits allowed	475

In suits under postal laws what credits allowed	476

Bill of exceptions	477

CHAPTER XII	478

Death of parties	479

CHAPTER XIII	480

FED PROC	481

Delinquents for public moneyvudgment at return term unless	482

Suits under postal lawsJudgment at return term unless	483

Suits on debenturesJudgment at return term unless	484

Suits on bonds for recovery of dutiesJudgment at return term unless	485

Judgment for sum due in equity on bonds	486

Judgment for duties etc to state that it is to be collected in coin	487

Interest on bonds for duties	488

Interest on balances due postoffice department	489

Interest on debentures	490

Interest on judgments	491

JudgmentsLien and record of 433 Record in Louisiana 494 Effect of judgments in California	494

When judgments of United States courts cease to be liens	495

When plaintiff or petitioner recovers in a circuit court less than certain amounts he recovers no costs	496

Cases under revenue laws collectors	497

Compromises	498

Remission of fines	499

Discontinuances	500

Continuances	501

Costs in int rnal revenue suits upon information	502

Claimant not entitled to costs when reasonable cause of seizure	503

Double costs when plaintiff is nonsuited in action against officer making seizure	504

Copyright suits full costs allowed	505

Costs not recoverable in certain suits for infringement of patent unless disclaimer entered	506

When costs of prosecution to be paid by defendant	507

When costs are recovered by defendant in a prosecution	508

Costs when several actions are brought against parties who might be joined in	510

Allowance of costs in libels against vessels and cargo	511

Claimants costs to be paid before possession when	512

When district attorney is entitled to but one bill of costs for sey eral prosecutions	513

Taxation of fees of witnesses before a commissioner	514

Attorney liable for costs vexatiously increased by	515

Bill of costs how taxed	516

Bill of costs to be sworn to before taxed or allowed	517

Executions to run in all the districts of a State	518

Executions in favor of United States to run in every State and Territory	519

Executions stayed on conditions	520

When judgment debtor entitled to a continuance of one term	521

Execution not to issue against officers of revenue in cases of prob able cause	522

Imprisonment for debt	523

Discharge from arrest or imprisonment on mesne or final process	524

Privileges of jaillimits	525

Goods taken on a fieri facias how appraised	526

Death of marshal after levy or after sale	527

Moneys paid into court where and how deposited	528

How moneys deposited to be withdrawn	529

Removal of causes by writ of error	530

Citation	531

Citation Supreme Court	532

Bond in error and on appeal 531 No bond required of United States etc 535 Writs of error to district courts acting as circuit courts 533 Writs of err...	533

Writs of error returnable to the Supreme Court how issued	537

Amendment of writ of error	538

Amendment in prize appeals	539

CHAPTER XIV	540

Writs of error and appeals to Supreme Court time for taking	541

Judges resigning entitled in certain cases to salary for life	542

Criers of the courts Attendants on juries 230 Property in hands of receiver	543

That every receiver may be sued without previous leave of court	544

Issue of searchwarrants	545

Where both parties appeal to the Supreme Court one record sufficient	546

Warrant to custom officers 234 Warrant to revenue officers 8 235 Mandamus 236 Power to issue writs	547

Bail shall be admitted in cases not capital By whom	548

Writs of ne exeat	549

Temporary restraining orders 239 Injunctions	550

Surrender of criminals by their bail	551

Injunction to stay proceedings in State courts	552

When penalty of recognizances may be remitted	553

Indictments and presentments to be by at least twelve grand jurors	554

Offenses against the elective franchise how prosecuted	555

Form of indictment for perjury	556

Laws of the States rules of decision	557

Indictments for subornation of perjury	558

Matters set forth in prosecutions for perjury before a naval court martial	559

Charges which may be joined in one indictment shall be so joinod	560

Proceedings civil and criminal in vindication of civil rights 243 When suits in equity may be maintained	561

Judgment on demurrer to an indictment	562

When several indictments against the same persons one writ suf ficient	563

Copy of writ to be jailers authority original returned	564

Writ for removal of a prisoner from one district to another	565

Power to order production of books and writings in actions at	566

When peremptory challenges exceed the number allowed by	567

Prisoner standing mute	568

Power to impose oaths and punish contempts	569

Persons indicted for capital crimes entitled to counsel and to com pel witnesses	570

Verdict of less offense than charged	571

Occupants of lands Remedies for improvements	572

New trials 218 Power to hold to security for the peace and good behavior	573

Power to enforce awards of foreign consuls etc in certain cases 250 Proceedings to enjoin comptroller of the currency 251 Suits where brought	574

All capital cases remitted from district to circuit courts	575

When a capital case is carried to the Supreme Court execution postponed	576

Judgments for fines how collected	577

Poor convicts sentenced and imprisoned for fines	578

For offenses against navigation laws	579

Complaint and answer	580

Amendments and adjournments	581

Challenges to jurors	582

OFFICERS OF UNITED STATES COURT 256 Restriction on appointment of 257 Clerk not to be receiver or master 258 Extra compensation 259...	583

Penalties etc under navigation laws how prosecuted	584

Fugitives from the justice of a foreign country	585

Subpoena of witnessesCosts of process and fees of witnesses how paid	586

Report by district attorney	587

Marshals terms 269 Deputy marshals 270 Marshals salaries	588

Oath of marshals	589

Marshals bond 273 Returns to the solicitor of the treasury	590

Returns postoffice department 275 Vacancies how filled	591

Suits on marshals bondcosts 277 Marshals bond to remain after judgment 278 Limitation of bonds	592

Penalty for opposing agents	593

Duties of marshals 280 Powers of marshals	594

In case of death 232 May execute process in their hands when removed	595

Oath of clerks	596

Clerks bond	597

Clerks and marshals when to give increase l bond 286 Bond of deputy clerks 287 List of judgments	598

Account of payments 289 Oaths 290 Powers and duties of officers	599

Commitment and discharge	600

Fees to be taxed 292 Attorneys solicitors and proctors 293 Fees in revenue cases 294 Fees on bonds when not allowed 295 Fees for defense of rev...	601

Fees of grand and petit jurors 328 Mileage in Pacific States 329 Printers fees 330 Meaning of folio 331 Cost of printing records taxed	602

Marshals to make provisions for their safekeeping	603

United States convicts in State penitentiaries	604

Selection of penitentiary in a divided district	605

Sentences for longer term than a year where to be executed	606

Penitentiary sentences where to be executed	607

Deductionfrom term of imprisonment for good conduct 609 To what prisoners to apply 610 Convicts to have five days per month deducted for go...	610

To be provided with clothes and money on their discharge	611

Actual reasonable cost of subsisting prisoners to be paid	612

Designation of penitentiary by attorneygeneral	613

Attorneygeneral to contract for subsistence	614

Court may order sentence executed in house of correction	615

Confinement of juvenile offenders	616

Attorneygeneral to contract for their subsistence	617

Removal of prisoners in case of contagion or epidemic	618

Extradition of criminals	619

Capital offenses	620

Offenses not capital	621

Fleeing from justice	622

Crimes under the revenue	623

Penalties and forfeitures under laws of the United States	624

Under customs revenue	625

Parties beyond reach of process during the rebellion	626

Judges	627

Seal	628

629 Courtrooms etc how provided 630 SessionsQuorum	630

Officers of the court	631

Salaries of clerks bailiff and messenger	632

Clerks bond	633

Contingent fuud	634

Reports to Congress copies for departments etc 636 Members of Congress not to practice in the court CHAPTER XXIV	635

JurisdictionSuits against government ProvisoWar and rejected excepted	637

Setoffs counterclaims etc ProvisoLimitation	638

District and circuit courts to have concurrent jurisdiction with court of claimsLimit	639

Petitions for release from official bond JudgmentLimitation	640

Attorneygeneral to represent United States	641

Payment discharge of obligation	642

Jurisdiction and procedure	643

FED PROC	649

Jurors qualifications and selection of 340 Juries race or color not to exclude 341 Jurors per diem 342 Jurors how drawn 343 Qualifications 344 Ju...	651

Challenges	660

Challenges in summary trials 357 Grand and petit jurors 358 Rules in particular states	661

Otras ediciones - Ver todas

A Manual of Practice in the Courts of the United States: Embracing ..., Volumen1
Robert Desty
Vista completa - 1893

A Manual of Practice in the Courts of the United States: Embracing the ...
Robert Desty
Sin vista previa disponible - 2015

Términos y frases comunes

26 U. S. Stats action admiralty affected appear applies appointed attaches authority Bank bill Blatchf brought Brown cause circuit and district circuit court citizen civil claim clerk cognizable commenced committed Congress constitute contract counties Cranch crimes decree defendants residing deputy district court district judge division duties eastern enforce equity exclusive exercise Federal files foreign give held hereby holding includes Indian issued judgment judicial district juris jurisdiction land lien limits manner maritime marshal Mason matter Michigan navigable necessary northern district offenses Ohio original owner parties pending perform person Peters prize proceed proceedings prosecutions records respectively returned river seas seizure served southern statute suit term Territory therein thereof tion tort transferred trial trict United vessel Wall Ware waters western district western division Wheat Wood writs

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Información bibliográfica

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Título	A Manual of Practice in the Courts of the United States: Embracing the Provisions of the Constitution, the Revised Statutes, and Amendments Thereto Relating to Federal Courts, Together with the Rules Promulgated by the Supreme Court of the United States, Volumen1 Volumen1 de A Manual of Practice in the Courts of the United States, Robert Desty A Manual of Practice in the Courts of the United States: Embracing the Provisions of the Constitution, the Revised Statutes, and Amendments Thereto Relating to Federal Courts, Together with the Rules Promulgated by the Supreme Court of the United States, Robert Desty
Autor	Robert Desty
Edición	8
Editor	Bancroft-Whitney Company, 1893
Procedencia del original	Universidad de Michigan
Digitalizado	14 Jun. 2006

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